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Home My WebLink AboutA6896 - PALM SPRINGS MOTORSPORTS LLC - CP 01-11 BRIDGE REPLACEMENTRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 APN: 669-093-013 Amendment to Grant of Easement for Right of Way WHEREAS, City of Palm Springs, a California charter city and municipal corporation, hereinafter "City" and/or "Grantee", and Palm Springs Motorsports, LLC, a California limited liability company, hereinafter referred to as "Grantor," have heretofore entered into that certain Temporary Construction Easement Agreement dated August 17, 2016 a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, and the Temporary Construction Easement ("TCE") dated July 21, 2016 a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, which contract sets forth the terms and conditions under which the City acquired certain rights for street improvement purposes described in said contract, - WHEREAS, said contract calls for the construction work to be completed by October 15, 2021; WHEREAS, due to unforeseen circumstances said construction work could not be completed by said date; WHEREAS, the new construction completion date on the subject property is October 15,2026-1 WHEREAS, By reasons of the foregoing it is now the desire of the parties hereto to amend said contract to allow for the construction work to be completed by October 15, 2026. NOW, THEREFORE, It is agreed by and between the parties hereto as follows: the City shall pay the grantor the additional sum of $27,700.00 for the additional construction time on the subject property. The TCE shall be extended to October 15, 2026. Said compensation is based on the following: October 15, 2021— October 15 2026 Value of TCE for 60 months = $27,645.88 (ROUNDED $27,700.00) All other terms and conditions of the TCE contract remain unchanged GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation By: ICM. Just n Clifton, City Manager Date: tv L7 Z�sZ ATTES By: Ar6onyl* Me a, MM1.1_'�4rk Date: fy�Z7� 21 APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: Jeff y Bak anger, Ity Attorney Date: DG t _ 7? 1 ' .,20- -Z _ APPROVED BY CITY COUNCIL 10a1 211 ' l W 1,11- 2 GRANTOR: Palm Springs Motorsports, LLC, a Califo ' ' it d liability company By: Lalith Chandrasena, Sole Member Date: oq - 2_111- 20 Z 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 California County of Riverside On September 29, 2021 before me, V.M. Cothran, notary public (insert name and title of the officer) personally appeared Lalith Chandrasena who proved to me on the basis of satisfactory evidence to be the person(&) whose name(e) is/we subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he## e& authorized capacity(ies), and that by his/he4th& signatureW on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si,• KIR / Llt L _ �- �,; 41 V. M. COTHRAN 0 ;COMM. # 2325169 0 •. NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY 0 f COMM. EXPIRES APR.17 2024'' (Seal) EXHIBIT "A" EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Indian Canyon Drive Widening and Bridge Replacement Cal UPRR Federal Proiect No. BRLO-5282(017) City Proiect No. 0 1 -111 APN(s): 669-093-012 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this Vday of NUt kk- , 20_�b , by and between the City of Palm Springs, a California charter ci nd municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the "City" and/or "Grantee", Palm Springs Motorsports, LLC, a California Limited Liability Company, hereinafter designated as the "Grantor". City/Grantee and Grantor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. Grantor 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) 669-093-012, (referred to as the "Property"). B. Grantee desires to obtain from Grantor a temporary construction easement over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its assignees, including its contractor(s), to enter, for a limited duration and term subject to the conditions herein this Agreement, a portion of the Property as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B", (the "Easement Area"), which are attached hereto and incorporated herein by reference. C. The Parties desire by this Agreement to provide the terms and conditions for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as defined below, over the Easement Area. AGREEMENT NOW, THEREFORE, in consideration of performance by the Parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Grantor hereby grants to City and its assignees, including its contractor(s), the right to enter upon and use Grantor's Property in the City of Palm Springs, Riverside County, State of California, described as Assessor's Parcel Number(s) 669-093-012 for all purposes necessary to facilitate and accomplish the Temporary Construction Easement Agreement Page 1 of 5 �, UPL CATS `URIC IRP construction and installation of various public street improvements ("Temporary Construction Easement") associated with the Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11 ("Project"). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 3,301 square feet as described on the attached legal description, referenced as Exhibit "K, and shown on the attached map, referenced as Exhibit "B" (hereinafter the "Easement Area"). 3. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Easement Area by the Grantee, including the right to remove and dispose of improvements, shall commence on October 15, 2016 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 14 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. Temporary Construction Easement will expire on October 15, 2021. Upon the City's recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, the Temporary Construction Easement granted herein shall be automatically surrendered by Grantee, and Grantee's interests thereto shall be automatically reverted to Grantor as if quitclaimed by Grantee, and shall no longer represent any title interest of or to Grantor's Property. Nevertheless, if requested by Grantor following such termination, City will execute a quitclaim deed confirming such termination. 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of completing the Project in accordance with applicable laws. The City's activities may involve surveying, staking, excavation, grading, and other related uses that are reasonably required to construct the Project. City agrees not to damage Grantor's property in the process of performing such activities. At all times during the term of this Agreement (and during construction of the Project), Grantor's property will remain accessible for Grantor's ingress and egress. 5. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded, if applicable, and left in a neat condition. 6. Grantee, or Grantee's Contractors, will relocate, if necessary, the sign located within the Temporary Construction Easement to a mutually agreed upon location. Grantee agrees to relocate sign at their expense. Temporary Construction Easement Agreement Page 2 of 5 7. Any notice to be given or other document or documents to be delivered to either Parry by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: If to Grantee, 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 Grantor, to: Palm Springs Motorsports, LLC 6550 N. Indian Canyon Dr. Palm Springs, CA 92262-1614 8. To the extent permitted by law, City (or its contractor) shall indemnify, defend and hold harmless Grantor from all losses, liabilities, costs, damages, expenses, causes of action, suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims") arising directly out of or in connection with any act or omission of City, its employees, representatives, agents, suppliers or subcontractors, pursuant to this Agreement or otherwise, provided, however, that the foregoing duty to defend, indemnify and hold harmless the Grantor from and against any Claims shall not apply to any Claims arising from the negligence or intentional misconduct of Grantor. 9. Grantor hereby warrants that they are the owners of the Property described above and that they have the right to grant City, its successors or assigns, permission to enter upon and use the Easement Area. 10, This Agreement is the result of negotiations between the Parties hereto. This Agreement is intended by the Parties as a final expression of their understanding with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. 11. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 12. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 13. Grantor, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be Temporary Construction Easement Agreement Page 3 of 5 jointly and severally liable thereunder in accordance with Civil Code Section 1468. 14. City shall pay to Grantor the total sum of Sixteen Thousand Five Hundred Five dollars and no cents ($16,505), (the "Rental Price"), for the right to enter upon and use Grantor's land in accordance with the terms hereof. Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation or benefits, other than for payment of the Rental Price, it being understood that the Rental 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 Temporary Construction Easement or any other rights granted under this Agreement. Payment shall be made within thirty (30) days after execution of this Agreement, or pursuant to the terms of and through the close of escrow if acquisition of the Temporary Construction Easement is associated with the C4's acquisition from Grantor of permanent right-of-way over a portion of the Property. Grantor hereby acknowledges that it has been advised by its attorney and is familiar with the provisions of California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." By signing below, Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect, except as set forth in this Section 14. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation By. David H. Ready, City Mana ATTEST: GRANTOR: Palm Springs Motorsports, LLC, a California Limited Liability Company B SQ:�E /1'fE.ti�gGrz Lalith Chandrasena, Sole Member APPROVED BY CITY MWGER By. mes Thompson, City Clerkb�oo Abb APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART By: _YV4';4-f- Douglas . Holland, Esq., City Attorney Exhibit List Exhibit A -- Legal Description of the Easement Area Exhibit B -- Depiction of Easement Area Not to Exceed ;��.J� Without The Express Written Authorization Of The City Manager Temporary Construction Easement Agreement Page 5 of 5 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "A" EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 THAT PORTION OF PARCEL `A' OF CERTIFICATE OF COMPLIANCE NO. COC 11- 01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00°19'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE - SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00'19'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 'A' PER CERTIFICATE OF COMPLIANCE NO. COC 11-01; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 00°19'24" EAST 118.85 FEET TO THE SOUTHERLY CORNER OF AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES RECORDED JUNE 05, 2009 AS DOCUMENT NO. 2009-0286237 OF OFFICIAL RECORDS; 2. THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT NORTH 7°47'26" EAST 38.47 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°19'24" EAST 155.89 FEET TO THE BEGINNING OF A TANGENT 32.81-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°57'25" A DISTANCE OF 26.32 FEET; 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 0001 9'24"WEST 200.78 FEET; 6. THENCE NORTH 89040'50" WEST 5.00 FEET; 7. THENCE SOUTH 00°19'24" WEST 135.43 FEET TO THE SOUTHERLY LINE OF SAID PARCEL `A'; 8. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°50'44" WEST 10.00 TO THE TRUE POINT OF BEGINNING. AREA = 3,301 SQUARE FEET, MORE OR LESS Page 1 of 2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE A5-29-2015 MICHAEL A. HAVENER DATE PLS 7354 Page 2 of 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "B" EXHIBIT "B" NON-PLOTTABLE EASEMENTS RIGHT-OF-WAY FOR PIPES OR AQUEDUCTS REC. 3/23/1912 IN BK. 347, PG. 127 OF DEEDS AND 4/6/1942 IN BK. 533, PG. 588 O.R. LINE TABLE LINE BEARING LENGTH L1 N 89'40'50" W 5.00' L2 S 8850'44' W 10.00' CURVE TABLE CURVE I DELTA IRADIUS I LENGTH Cl 45'57'25" 32.81' 1 26.32' nm MULTIPLY DISTANCE BY 1.00002570 TO OBTAIN GROUND DISTANCES 0 30 60 120 N 0019'24" E 693.92' LEGEND Y� TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 3,301 SO. FT., MORE OR LESS T.P.O.B. TRUE POINT OF BEGINNING \ P.O.C. POINT OF COMMENCEMENT BY: DATE: BY: KA DATE:5-5-15 ) BY: MH DATE:5-29-15 ED BY: DATE cam+ RiVET A ► PUBLIC ROAD, DRAINAGE,`AND UTILITY EASEMENT REC. 6/5/2009 AS INST.NO. 2009-286237 O.R.POWER vt LINE EASEMENT u N REC. 8/12/1914 IN 13K. 400, PG. 253 OF DEEDS APN 669-093-012 55 P0JR, NW, 1/4 W t tttt $ N Y9��% J/ 4 N in r C , ) , o z r r, � i.J, i Ir'i, 4 POLE LINE EASEMENT REC. 2/26/1938 IN BK. 364, PG. 494 O.R. AND REC. 10/8/1943 L1 to v IN BK. 601 PG. 66 O.R. AND REC. 10/8/1943 ;r IN BK. 596 PG. 515 O.R. Cl z 50. POLE LINE EASEMENT REC. 1 /18/1949 IN W W BK. 1045, PG. 186 O.R. N NO WIDTH GIVEN. � o o o C3 J"1, RAr r' "�i (CERT. OF COMPLIANCE COC 11-01 Z REC. 2 DOC. NO. �z )� 1 2012-0086272 O.R.) 12-00 7 ---J�L2 T.P.0.8 J SW COR. it �{ "L ES, 4 il/ f J PAR. 'A', COC 11-01 Ar�, W P.O.C. lop INT. OF THE CENTER LINE OF M T INDIAN CANYON DR. (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD z AS SHOWN ON ROS 18/2 SHEET 1 OF I SHEETS CITY OF PALM SPRINGS SCALE 1" = so' INDIAN CANYON DRIVE WIDENING APN 669-D93-012 PALM SPRINGS MOTORSPORTS, LLC ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF __%',! lJ2 tt ) )SS. COUNTY OF l 1 L4/ zzlL2r-, ) On 1 before me, 11Ct12P655 �,€) Notary Public, personally appeared �lt`r'►g�Gt. - ----�- who proved to me on the basis of satisfactory evidence to be the person whose name(s)ire subscribed to the within instrument and acknowledged to me that6ekshe/they executed the same in �/her/their authorized capacity(ies), and that by VI her/their signatures) on the instrument the personal, or the entity upon ehalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a ' • VANESSA M. COTHRAN? WITNESS my hand and official seal. 0 . N07ARYPUBLC2149 -CALIFORNIA ' SACRAMENTO COUNTY 0 i N+ COMM. EXPIRES APRIL 17, 20201 Signature My Commission Expires: ; !��7� This area for official notarial seal Temporary Construction Easement Agreement EXHIBIT "B" Exhibit "B" Lawyers Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 DOC # 2017-0029380 01/24/2017 11:57 AM Fees: $39.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording's Receipted by: YVONNE #046 PR`(�1 6 (Space above this line reserved for Recorder's use) FILE No: 616670028 PROJECT: Indian Canyon Drive Widening and Bdd e p-r--r. GJE W,P T 10,00 Replacement cb- UPRR Federal Protect No. BRLO-5282 (017) City Project No. 01-11 APNs: 669-093-012 Tre-A _a It �10� EASEMENT DEED This deed is being recorded to create a Temporary Construction Easement. Q_3 DOC #2017-0029380 Page 2 of 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code § 6103 above this line reserved for Recorder's use) PROJEOrT: Indian Canyon Drive Widening and Bridae Replacement (cD UPRR Federal Proiect No. BRLO-5282 (017) City Project No. 0 1 -11 APNs: 669-093-012 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Palm Springs Motorsports, LLC, a California Limited Liability Company ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City" and/or "Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof (the "Property"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11, a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on October 15, 2021. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. GRANTOR: Executed this V day of- 20 Palm Springs Motorsports, LLC, a California Limited Liability Company socC MG,h�Ss�. gy.*L'14A-J-D,aA- 1VA Lalith Chandrasena, Sole Member 1078843.1 DOC #2017-0029380 Page 3 of 9 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 % tkfii F094,111 A - County of i� r 4n j AA,14A itbefore me, I. I s IAay. . i_ / Date Name, Title of Officer personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory a Bence to be the persono whose nameA6;lre subscribed to the within instru ent and acknowledged to me that he/they executed the same in 'j er/their authorized capacit ), and that by�/her/their signaturesfj6) on the instrument the person, or the entity upon behalf of which the person 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. VANESSAM. COTHRMg ci COMM. # 2149408 0 •r NOTARY PUBLIC • CALIFORNIA{ii SACRAMENTO COUNTY CI K COMM. EXPIRES APRIL 17, 2020 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 T� Qt)el r" MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT 01Lp DESCRIBED AT RIGHT: Signer(s) Other Than Named Abovey1'. U_ 1078843.1 DOC #2017-0029380 Page 4 of 9 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA See attached Exhibit "K for complete legal 1078843-1 DOC #2017-0029380 Page 5 of 9 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11- 01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE - SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 'A' PER CERTIFICATE OF COMPLIANCE NO. COC 11-01; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 118.85 FEET TO THE SOUTHERLY CORNER OF AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES RECORDED JUNE 05, 2009 AS DOCUMENT NO. 2009-0286237 OF OFFICIAL RECORDS; 2. THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT NORTH 7°47'26" EAST 38.47 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°19'24" EAST 155.89 FEET TO THE BEGINNING OF ATANGENT 32.81-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°57'25" A DISTANCE OF 26.32 FEET; 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 00°19'24" WEST 200.78 FEET; 6. THENCE NORTH 89'40'50" WEST 5.00 FEET; 7. THENCE SOUTH 00°19'24" WEST 135.43 FEET TO THE SOUTHERLY LINE OF SAID PARCEL'A'; 8. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°50'44" WEST 10.00 TO THE TRUE POINT OF BEGINNING. AREA = 3,301 SQUARE FEET, MORE OR LESS Page 1 of 2 DOC #2017-0029380 Page 6 of 9 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE 1'4 5-29-2015 MICHAEL A. HAVENER DATE PLS 7354 Page 2 of 2 DOC #2017-0029380 Page 7 of 9 Exhibit "B" DEPICTION OF THE EASEMENT AREA 1078843.1 EXHIBIT "B" NON-PLOTTABLE EASEMENTS RIGHT-OF-WAY FOR PIPES OR AQUEDUCTS REC. 3/23/1912 IN BK. 347, PG. 127 OF DEEDS AND 4/6/1942 IN BK. 533, PG. 588 O.R. LINE TABLE LINE BEARING LENGTH L1 N 89'40'50' W 5.00' 1 L2 S 88'50'44' W 10.00' CURVE TABLE CURVE I DELTA I RADIUS - I LENGTH Cl 45'57'25' 32.81' 1 26.32' n co o w uLn N 55' W � 3 N CD N r o r z i N � I � Z MULTIPLY DISTANCE BY 1.00002570 C) w TO OBTAIN GROUND DISTANCES .Z v N r aQ Uz Z o z 50' 0 30 60 120 W W Q F.� LAND SU A. 0 p�a�P r 'j � � Cc z 0019'24" E DOC #2017-0029380 Page 8 of 9 GgRN�T �-� PUBLIC ROAD, DRAINAGE AND UTILITY EASEMENT---- REC. 6/5/2009 AS INST. f NO. 2009-286237 O.R. " POWER LINE EASEMENT REC. 8/12/1914 IN BK. 400, PG. 253 OF DEEDS APN 669-093-012 t D.Frl JN W, —1/4 NW 1/4 S � G, 2 3, ell POLE LINE EASEMENT--�� REC. 2/26/1938 IN BK. 364, PG. 494 Q.R. AND REC. 10/8/1943 L1 IN BK. 601 PG. 66 O.R. AND REC. 10/8/1943 IN BK. 596 PG. 515 O.R. M POLE LINE EASEMENT REC. 1 /18/1949 1N BK. 1045, PG. 186 O.R. NO WIDTH GIVEN. r J "i 1 c (CERT. OF COMPLIANCE COC 11-01 REC. 2/213/12 AS DOC. NO. f � I 2012-0086272 O.R.) 1 "'F 0��. 693.92' �i SW COR. ri 4 J / 4 J .A, LEGEND CDC 11--'01 P.Ar , 1 W ( f��TEMPORARY CONSTRUCTION EASEMENT (TCE) ,� to P.O.C. AREA = 3,301 SQ. FT., MORE OR LESS � P INT. OF THE CENTER LINE OF ►2 r INDIAN CANYON DR. (INDIAN AVE.) T.P.O.B. TRUE POINT OF BEGINNING AND SOUTHERN PACIFIC RAILROAD \�, z AS SHOWN ON ROS 18/2 P.Q.C. POINT OF COMMENCEMENT SHEET 1 OF 1 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE 1' = 60' DRAWN BY: KA DATE:5-5-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-29-15 APN 669-093-012 DWG. NO. APPROVED BY: DATE: PALM SPRINGS MOTORSPORTS, LLC s DOC #2017-0029380 Page 9 of 9 9 V A `M sA� ,N CitySpringsof Palm } s CO Office of the City Clerk } �4 IIOy/,tEO cgOFCRa�P 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: dated: June 17, 2016 from, Land described in Exhibit "A" APN: 669-093-012 Palm Springs Motorsports, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 22nd day of August, 2016, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 22nd day of August, 2016. A6896 JAMES THOMPSON City Clerk DOC #2017-0029380 01/24/2017 11:57 AM Fees: $39.00 Lawyers Title Page 1 of 9 Recorded in Official Records r RECORDING REQUESTED BY County of Riverside AND WHEN RECORDED RETURN TO: Peter Aldana Assessor-County Clerk-Recorder James Thompson City Clerk "This document was electronically submitted CITY OF PALM SPRINGS to the County of Riverside for recording" 3200 E.Tahquitz Canyon Way Receipted by:YVONNE#046 Palm Springs,CA 92262 Exempt from recording charges under Government Code§6103 qn 6 (Space above this line reserved for Recorders use) FILE No: 616670028 �•l� PROJECT: Indian Canyon Drive Widening and Bridge Dr-r• VIEMPT- 1O,oO Replacement 0.) UPRR . Federal Project No. BRLO-5282 (017) City Project No. 01-11 APNs: 669-093-012 EASEMENT DEED This deed is being recorded to create a Temporary Construction Easement. 9-3 Lawyers Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code§6103 Wb (Space above this line reserved for Recorder's use) FILE No: 616670028 PROJECT: Indian Canyon Drive Widening and Bridge Replacement (ci)- UPRR Federal Project No. BRLO-5282 (017) City Project No. 0 1-11 APNs: 669-093-012 TC04 --p 1� -01 EASEMENT DEED This deed is being recorded to create a Temporary Construction Easement. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording charges under Government Code§6103 (Space above this line reserved for Recorder's use) PROJE : Indian Canyon Drive Widening and Bridge Replacement (a) UPRR Federal Project No. BRLO-5282 (017) City Project No. 0 1-11 APNs: 669-093-012 TEMPORARY CONSTRUCTION EASEMENT For a valuable consideration receipt of which is hereby acknowledged, Palm Springs Motorsports, LLC, a California Limited Liability Company ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City' and/or "Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof (the "Property'). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11, a public project (the "Project'), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on October 15, 2021. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. GRANTOR: Executed this JA_day of T%A4 _, 20 Palm Springs Motorsports, LLC, a California Limited Liability Company Byq, ,,, I,. c t�fl�, c�flse1VA Lalith Chandrasena, Sole Member 078843.1 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 Mi1 FOCI P, County of 6✓GV_✓-1 D&i On JA,L4A 12A before me, U/I.VI/ U I'Y t Iw7tLll�Q�Y� t(i Date Name,Title of Officer personally appeared l L I r Y 1 (�I ✓(, Ail D�- NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory a dence to be the person(,4 whose nameW fare subscribed to the within instru ent and acknowledged to me that �he/they executed the same fin er/USeir authorized capacity(iea), and that byM/her/their signatureso) on the instrument the person, or the entity upon behalf of which the persorA 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. U �+�• VANCOMM a A M.21494 BRAN .� NOTARY PUBLIC•CALIFORNIAQ SACRAMENTO COUNTY O r! � „ COMM.EXPIRES APRIL 17,2020 YYY lfTrlfffLLL Signature of Not afy 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'e" o ram; cen�_ lnS.e-rY�—I'L t MUST BE ATTACHED TO THE DOCUMENT Number of Pages ` DATE of DOCUMENTS DESCRIBED AT RIGHT: Signer(s)Other Than Named Above v^ 107,8843.1 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA See attached Exhibit"K for complete legal EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11- 01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 'A' PER CERTIFICATE OF COMPLIANCE NO. COC 11-01; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 8805044" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 118.85 FEET TO THE SOUTHERLY CORNER OF AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES RECORDED JUNE 05, 2009 AS DOCUMENT NO. 2009-0286237 OF OFFICIAL RECORDS; 2. THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT NORTH 7047'26" EAST 38.47 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00019'24" EAST 155.89 FEET TO THE BEGINNING OF A TANGENT 32.81-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45057'25" A DISTANCE OF 26.32 FEET; 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 00019'24"WEST 200.78 FEET; 6. THENCE NORTH 89040'50"WEST 5.00 FEET; 7. THENCE SOUTH 00019'24" WEST 135.43 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 'A'; 8. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88050'44"WEST 10.00 TO THE TRUE POINT OF BEGINNING. AREA = 3,301 SQUARE FEET, MORE OR LESS Page 1 of 2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE I � 5-29-2015 \G��S�� LAND MICHAEL A. HAVENER DATE PLS 7354 jD No. 7354 CA1.1F��\P Page 2 of 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA EXHIBIT " B " RAtEr A �E. NON-PLOTTABLE EASEMENTS RIGHT-OF-WAY FOR PIPES OR AQUEDUCTS REC. 3/23/1912 IN ! PUBLIC ROAD, DRAINAGE, BK. 347, PG. 127 OF DEEDS AND AND UT1UTY EASEMENT 4/6/1942 IN BK. 533, PG. 588 O.R. II REC. 6/5/2009 AS INST. r' NO. 2009-286237 O.R. POWER LINE EASEMENT LINE TABLE 00 I o REC. 8/12/1914 IN BK. LINE BEARING LENGTH I `li 400, PG. 253 OF DEEDS Lt N 89'40'50" W 5.00' APN 669-093-012 L2 S 88'SD'44" w E 10.00' 55' PJri, NW, JI4 W CURVE TABLE N N N J\� /'f CURVE DELTA " RADIUS LENGTH N T I -a`�, J r� 23 Cl 45 57 25 32.81 26.32 o r� z r J J�� rig if r, in POLE LINE EASEMENT REC. 2/26/1938 IN Z BK. 364, PG. 494 O.R. MULTIPLY DISTANCE BY 1.00002570 p W AND REC. 10/8/1943 TO OBTAIN GROUND DISTANCES �•; v Li L IN BK. 601 PG. 66 O.R. AND REC. 10/8/1943 Q za IN BK. 596 PG. 515 O.R. V Go z o6 M POLE LINE EASEMENT 0 30 60 120 z v 250' REC. 1/18/1949 IN Q W W BK. 1045, PG. 186 O.R. + NO WIDTH GIVEN. O LAND A A. SVR` Z a r r r r P �r) '1 i ;A_ c o 7'1 \ o� m c o o (CERT. OF COMPLIANCE CDC 11-01 REC. 2 AS DOC. N0. 2012-0012-0086272 O.R.) * No. 7354 * �1 s� �Q N 0019'24" E T.P.O.B. 9TF CAL\' 693.92' SW COR. 110, 4 5/if 0 PAR. 'A', n LEGEND COC 11-01 Pr'1ri� J W f l� TEMPORARY CONSTRUCTION EASEMENT (TCE) P.O.C. I� AREA = 3,301 SQ. FT., MORE OR LESS 0 p INT. OF THE CENTER LINE OF M r INDIAN CANYON DR. (INDIAN AVE.) T.P.O.B. TRUE POINT OF BEGINNING IT Cl AND SOUTHERN PACIFIC RAILROAD \� J P.O.C. POINT OF COMMENCEMENT / z AS SHOWN ON ROS 18/2 SHEET 1 OF 1 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE CITY = 60, DRAWN BY: KA DATE:5-5-15 DOC. NO. C INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE: APN 669-093-012 DWG. NO. APPROVED BY: DATE: PALM SPRINGS MOTORSPORTS, LLC �QALMSA City of Palm Springs `y19 , Office of the City Clerk "o`RNSp 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 Tel:760.323.8204 • Fax:760.322,8332 •TDD 760.864.9527 •www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A' APN: 669-093-012 dated: June 17, 2016 from, Palm Springs Motorsports, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 22nd day of August, 2016, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 22nd day of August, 2016. JAMES THOMPSON City Clerk A6896 BOE-502-A(PI)REV.12 (05-13) Escrow No.: PS1.10516-140-KR Title No.: 616670028 PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by transferee(buyer)prior to a transfer of subject property. in accordance with Section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYERITRANSFEREE (Make necessary corrections to the primed name and mailing address) City of Palm Springs,a Califonria charter city and municipal corporation ASSESSOR'S PARCEL NUMBER 3200 E.Tahquitz Canyon Way Attn:City Clerk 669-093-012.6 Palm Springs,CA 92262 SELLERffRANSFEROR Palm Springs Motorsports,LLC,a Califomia limited liability company BUYER'S DAYTIME TELEPHONE NUMBER BUYER'S EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 6550 North Indian Canyon Drive Palm Springs,CA 92264 MAIL PROPERTY TAX INFORMATION TO(NAME) City of Palm Springs,a Califonria charter city and municipal corporation ADDRESS ❑YES NO This property is intended as my principal residence. If YES,please indicate the date of occupancy MO DAY YEAR or intended occupancy. PART : TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES O ❑ A. This transfer is solely between spouses(addition or removal ofa spouse,death of spouse, divorce settlement,etc.). ❑ B. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition or removal of a partner, death of partner,termination settlement,etc.). ❑ * C. This is a transfer: ❑between parent(s)and child(ren) ❑ from grandparent(s)to grandchild(ren). ❑ * D. This transfer is the result of a cotenant's death. Date of death ❑ * E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑YES ❑NO ❑ N� * F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? ❑YES ❑NO ❑ G. This transaction is only a correction of the name(s)of the person(s)holding title to the property(e.g.,a name change upon marriage). If YES,please explain: ❑ H. The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ 1. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g.,cosigner). If YES,please explain: ❑ J. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. K. This is a transfer of property: ❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of �,( ❑the transferor,and/or ❑the transferor's spouse ❑registered domestic partner. ❑ Qt{, 2. to/from a trust that may be revoked by the creator/grantor/trustor who is also ajoint tenant,and which names the olhcrjoint tenant(s)as 1 beneficiaries when the creator/grantor/trustor dies. ❑ 3. to/from an irrevocable trust for the benefit of the ❑creator/grantor/trustor and/or ❑grantor's/trustor's spouse ❑grantor's/trustor's registered domestic partner. ❑ �( L. This property is subject to a lease with a remaining lease term of 35 years or more including written options, ❑ 94 M. This is a transfer between parties in which proportional interests of the transferor(s)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. ❑ 1� N This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. [:IA * 0. This transfer is to the first purchaser of a new building containing an active solar energy system. *Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P2)REV. 12 (05-13) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer,if other than recording date: B. T r of transfer: /J� Purchase ❑Foreclosure ❑Gift ❑Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOF,-100-B) ❑i Contract of sale. Date of contract: ❑Inheritance. Date of death: ❑ Sale/leaseback ❑Creation of a lease ❑Assignment of a lease ❑Termination of a lease.Date lease began: Original termin years(inclu g lvroten options): Remaining term in years(including written options): Other. Please explain: �7e4A�j� A C. Only a partial interest in the property was transferred. *WYA04 O If YES,indica a the percentage transfe ed: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. I $ B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ %interest for years. Monthly payment$ Amount $ ❑ FHA(_Discount Points) ❑ Cal-Vet ❑ VA Discount Points) ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings&Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment$ Due date: D. Second deed of trust n %interest for years. Monthly payment$ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings&Loan/Credit Union ❑ loan carried by seller ❑ Balloon payment$ Due date: _ E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ F. Amount,if any,of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased:❑Through real estate broker.Broker name: Phone number:( ) Direct from seller ❑ From a family member-Relationship ❑ Other. Please explain: H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑Single-family residence ❑Co-op/Own-your-own ❑Manufactured home Multiple-family residence. Number of units: ❑Condominium ❑Unimproved lot OK Ot er.Description:(i.e.,timber,mineral,water rights,etc.) ❑Timeshare ❑Commercial/Industrial B. ❑YES yNO Per nal/business property,or incentives,provided by seller to buyer are included in the purchase price. Examples of personal property are furniture,farm equipment,machinery,etc.Examples of incentives are club memberships,etc. Attach list if available. If YES,enter the value If the personalfbusiness property: $ C. ❑YES XNO A manufactured home is included in the purchase price. IF YES,enter the value attributed to the manufactured home: $ ❑YES NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ❑YES TXNO The property produces rental or other income. If YES,the income is from: ❑Lease/rent ❑Contract ❑Mineral rights ❑Other: E. The condition of the property at the time of sale was: ❑Good // Average ❑Fair ❑Poor CERTIFICATION I certify(or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief I SIGNATURE OF BUYER/TRANSFEREE OR CDR O R DATE TELEPHONE NAME YER?RANSFEREFILEGAL REPRESENT CORPORATE OFFICER(PLEASE TITL E.. IL ADDR S CKs r ' kt ef of I (J I AXKISTIfice may contact you for add' ional information regarding this transaction. ✓✓✓/ APPROVED BY CITY MANAGER 1 ity Clerkj`'� y OF RILE kJ'°E. PETER ALDANA Recorder 51 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)486-700D Website:%"w.riversideacr.com °tom 'crr4" DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AV OIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBHCr TO PROSECUTION FORSUCH OFFENSE. ASSESSOR'S PARC$L NO.�Q --c)93 C- i2-' I declare that the docurpentary transfer tax for this .Q.� Property Address: f�f transaction is: $ - E/Y1/ If this transaction is exempt from Documentary Transfer Tax,the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other". 1. Section 11911. The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor. 2. Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. 3. Section 11921. The conveyance was given to secure a debt. 4. ;ection 11922. The conveyance is to a governmental entity or political subdivision. 5. Section 11925. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held. 6. Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 7. Section 11927. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption.This form may be used for that purpose.) 8. Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies,including the Internal Revenue Service. Also,certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases,the Transferor(donor/grantor)may be required to file Form 709(Federal Gift Tax Return)with the Internal Revenue Service. 9. Section 8. The easement is agLperpetual,permanent,or for life. 10. Section 9. The document is a lease for a term of lgaLthan(35)years(including written options.) it. Other (Include explanation and legal authority) I DECLARE UN ER Zdj: NALTY OF P RJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executedthi f (� 24)-at RIVFRSIDF CAI IFORNIA City State .IOF I ARDIFRI Sign of A is Printed Name of Affiant 3480 VINE STRFFT# 00 RIVERSIDE, CA 92507 Na of F' if a plicable) Address of Affiant(including City,State,and Zip Code) 9.51 774.0825 Telephone Number of Affiant(including area code) This form is subject to the California Public Records Act(Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521(Rev,11/2014) Available in Alternate Formats Escrow Division i M LawyersTitle' 777 E. Tahquitz Canyon Way Suite 200-31 •- Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! ACCEPTANCE ESCROW INSTRUCTIONS Date: March 08, 2016 Escrow No.: PSL10516-LT140-KR THE ESCROW HOLDER IS Lawyers Title Company, WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE Lawyers Title Company is in receipt of that certain Temporary Construction Easement Agreement, (hereinafter referred to as Agreement), dated August 17, 2016 by and Between Palm Springs Motorsports, LLC, a California Limited Liability Company (hereinafter referred as seller(s)), and City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as buyer(s)), and hereby agrees to: A. Accept the herein above referenced Agreement under our escrow no PSL10516 be escrow holder under said instructions; and B. Be bound by said instructions in the performance of its duties as escrow holder; provided, however, the undersigned shall have no obligations, liability or responsibility under any amendment to said instructions unless and until the same be accepted by the undersigned in writing; and C. THIS ACCEPTANCE OF ANY AGENCY AS ESCROW HOLDER IS FURTHER CONDITIONED ON THE FOLLOWING: 1. Escrow holder's General Provisions and Addendum(s) to Escrow Instructions - Handling of Funds, are incorporated herein by this reference; 2. Escrow holder reserves the right to require mutual instructions in the event this escrow is terminated, and upon any such termination title and/or escrow charges for services rendered may be due; 3. Escrow holder reserves the right to require mutual disbursement instructions in the event such disbursement is to be made pursuant to termination of escrow or liquidated damage provision contained in said Agreement; 4. Escrow holder reserves the right to require the parties to deliver written approval, satisfaction or waiver of all conditions precedent to (A) any release of funds and/or (B) close of this escrow; 5. Any provision for release (payment) of funds prior to the close of escrow is made with knowledge of the condition(s) of escrow and title to the property that is the subject of this escrow. The escrow holder shall have no responsibility or liability except compliance with any such release (payment) instructions and any payment so made is without recourse upon Lawyers Title Company. PLEASE INITIAL (D BUYER(S): SELLER(S) 6-C ' / Page 1 � e' Escrow Division M LawyersTitl 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com 6. All parties understand that Lawyers Title Company may not be able to provide underwriting approval with regard to issuance of policy(ies) of title insurance requested within a reasonable period of time to review all requirements and documentation supporting same, MINIMUM OF THREE (3) BUSINESS DAYS. Copies of draft documentation will be accepted to commence underwriting approval process; 7. For purposes of clarification only: a. Escrow holder shall NOT be concerned with the following items of the Agreement: 4 & 5. D. All Parties hereto acknowledge that the buyer is a public entity and exempt from payment of any real property taxes. There will be no proration of taxes through escrow. Seller will be responsible for payment of any real property taxes due prior to close of escrow. In the event any real property taxes are due and unpaid at the close of escrow, Escrow Holder is hereby authorized and instructed to pay such taxes from proceeds due the Seller at the close of escrow. During either installment period, the Seller must pay the full installment amount. Seller understands that the Tax Collector will not accept partial payment of an installment of the real property taxes due at the close of escrow. At the close of escrow, the Buyer will file any necessary documentation with the County Tax Collector/Assessor for the property tax exemption. Any adjustments and/or prorated amounts will be calculated and refunded to the Seller from the County of Riverside Tax Assessors Office and Escrow Holder shall have no liability and/or responsibility in connection therewith. We appreciate this opportunity to serve you. Please notify us immediately in the event there are changes in terms, documentation or time periods set forth. Sincerely, Is/Kimberly Rogers Kimberly Rogers Escrow Officer THE DUTIES AND RESPONSIBILITIES OF THE ESCROW HOLDER HEREUNDER COMMENCE ONLY UPON RECEIPT OF COPIES OF THIS LETTER SIGNED BY ALL PARTIES. The undersigned do(es) hereby acknowledge receipt, and agreement with the conditions of acceptance of the escrow agency as set forth above. PLEASE INITIAL ID BUYER(S): 6 SELLER(S) L' / Page 2 Esc I M LCI.YY Yel s Titles 777 E. Tah U�q iui ion 777 E. tz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com BUYERS SELLERS City of Palm Springs, a California charter city and Palm Spri gs Motorsports, LLC, a California limited ---wma rat orpcion liaq c ►�s By: David H. Ready By: Lalith Chandrasena V City Manager Sole Member Jame mpson City le I By. ou a C. Holland, eq. City Att rney ��APPROVED BY CITY WA;;, _.. orL PLEASE INITIAL ® BUYER(S): SELLER(S) L' C'� / Page 3 Escrow No.: PSLI0516 - LT140 - KR LAWYERS TITLE COMPANY GENERAL PROVISIONS Please read this important information (Re Ised March,2016) 1. DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only cash or wire-transferred funds can be given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Parties are aware and understand the California Insurance Code Section 12413.1 (also known as"Good Funds"). Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Notice of Opportunity to Open Interest Bearing Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing account. All disbursements shall be made by check of Lawyers Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3. GENERAL/SPECIAL PROPERTY TAXES, SUPPLEMENTAL TAX BILLS, BONDS AND ASSESSMENTS General/Special Property Taxes: Escrow holder shall prorate general and special taxes for the current fiscal year, based on the most recent and available tax bill from the County Assessor's for this subject property. Supplemental Taxes: Buyer is advised the County Tax Assessor will revalue property which changes ownership or contains new construction, and this revaluation may result in a supplemental assessment. The supplemental taxes will be assessed from the date of the change in ownership or completion of construction. In addition, a lien of supplemental taxes for the current fiscal year, if any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of the California Revenue and Taxation Code will be prorated at the close of escrow. Bonds and Assessments:All existing unpaid bonds and assessments levied or assessed prior to the date of the close of escrow shall be prorated, based upon the latest available public information. Any assessments made by the Tax Assessor prior to closing but not part of the public records and not disclosed by the Seller in writing to escrow holder, including but not limited to: weed abatement and code violations, shall not be the responsibility of escrow holder and will not be included in any prorations at closing. The parties agree to make any adjustments outside of escrow. Refunds: Any tax refunds issued to Seller outside of this escrow by the Tax Collectors office which are not of public record and are not disclosed in writing to escrow holder prior to the close of escrow, shall not be the responsibility of escrow holder in the proration calculations used for the closing of this transaction. The parties are to make any adjustments OUTSIDE OF THIS ESCROW and agree the escrow holder shall have no responsibility regarding same. It is the sole responsibility of the Seller to disclose to the Buyer if such a refund is received. Any tax bills, supplemental tax bills, bonds and assessments issued, levied or adjusted after the close of this transaction shall be handled directly between Buyer and Seller, outside of escrow. 4. UTILITIES/POSSESSION PLEASE INITIAL © BUYER(S) ASELLER(S) L C / Page 4 Escrow No.: PSL10516 - LT140 - KR Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. S. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6. SPECIAL RECORDING; LATE CONFIRMATION OF RECORDING Seller's proceeds may not be available, and encumbrances may not be paid off, until the first business day following the day of recording if 1) documents recorded at close of escrow are recorded later in the day than 8:00 a.m. (which is called a "special recording") or if 2) the County Recorder does not provide confirmation of recording within sufficient time to allow same-day disbursement of funds by wire or check. 7. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate/Mortgage Broker(s) and Lender(s) named in this escrow. Any requests for duplicate copies of the file or any documentation within the file, after the close of escrow, is subject to an additional work charge of$25.00. S. FEES PAID IN ADVANCE: Escrow holder is instructed to use Buyer's funds deposited into escrow to pay any advanced fees required prior to close of escrow for such items as, but not limited to, charges by a Homeowners Association or their designated management company for ordering documents, lender's charges for a payoff statement, or city's charge for city reports or inspections related thereto. You are authorized, at the close of escrow, to charge the appropriate party for any fees advanced. In the event escrow should cancel, Buyer and Seller agree to handle the exchange of any documents, inspections, reports and/or funds advanced, outside of this escrow. Escrow holder shall not be held liable or responsible for the reimbursement of funds advanced or the return of any documentation provided to Buyer. 9. FEES, CHARGES AND MESSENGER FEES Escrow, Title and Overnight Fees are to be charged to the principals'accounts in accordance with the posted rates filed with the Department of Insurance. The charges which the Company will make for sending documents and/or checks via overnight services shall be the amount actually billed providing a bill is secured by escrow holder. Special messenger fees will be charged at the actual cost of the messenger service. Recording charges are to be charged to the principals'accounts in accordance with customary practices in this County, unless Escrow Holder is instructed to do otherwise in writing. 10. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH MAILING, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. 11. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 12. HAZARD INSURANCE POLICIES Buyer shall obtain Fire/Hazard Insurance coverage, if applicable, on the subject property prior to the close of escrow, as per requirements of the new lender. If Buyer has not paid policy premium prior to close of escrow, Escrow Holder is authorized and instructed to debit Buyer's account with the cost of the annual premium and pay such premium to the insurance agent and/or company, at the close of escrow, from funds deposited by Buyer. Escrow Holder is instructed to request that the insurance company deliver the original policy and copies, as required, to all necessary parties. In the event the property is covered by a blanket insurance policy, Buyer shall provide Escrow Holder with a Certificate of Insurance. FAILURE TO PROVIDE FIRE/HAZARD INSURANCE WILL DELAY THE CLOSE OF ESCROW. Escrow Holder has no obligation to obtain fire or other insurance in the absence of a written instruction to do so. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow. 13. ACTION IN INTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 14. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, PLEASE INITIAL ID BUYER(S): 'd SELLER(S) ` ` / Page 5 Escrow No.: PSLI0516 - LT140 - KR whether it be at the request of any of the principals or otherwise, the fees and charges due Lawyers Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 15. CONFLICTING INSTRUCTIONS/DISPUTES Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow (subject to sections 10, 11, and 13 above). No notice, demand or change of instruction shall be of any effect in this escrow unless given in writing by all parties affected thereby. In the event a demand for funds and/or documents deposited with Escrow Holder in connection with this escrow is made and which is not concurred in by all parties hereto, Escrow Holder, notwithstanding which party made such demand, may elect to do any of the following: (i) Take no further action in connection with this escrow and continue to hold such funds and/or documents until receipt of mutual concurring instructions from all parties to this escrow as to the disposition of such funds and/or documents; (ii)Commence an action in interpleader and obtain an order from the court allowing Escrow Holder to deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow; or (iii)In the event that any party commences an action against any other party with respect to this escrow, deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow. In the event Escrow Holder interpleads any funds and/or documents with any court pursuant to either subparagraphs (n) or (iii) above, Escrow Holder shall be entitled to reimbursement of its reasonable attorneys' fees and expenses of litigation in connection with such action and any cancellation or work charges incurred during the transaction. 16. DELIVERY/RECEIPT Delivery to principals as used in these instructions, unless otherwise stated, shall be by personal delivery to the principal, regular mail, email or fax to any of the contact information, provided by the principals or their representatives, to escrow holder. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information provided. All notices, change of instructions, communications and documents, addressed to Escrow Holder, are to be delivered in writing to the office of Lawyers Title Company at the address as set forth in these instructions. 17. STATE/FEDERAL CODE NOTIFICATIONS 1099 Reoortina: According to Federal Law, the Seller, when applicable, will be required to furnish escrow holder with sufficient information in order to file a 1099 statement to the Internal Revenue Service. PCOR FORM: Prior to the close of escrow, Buyer may hand Escrow Holder a fully completed and executed "Preliminary Change of Ownership Report" (PCOR) pursuant to the requirements of California Revenue and Taxation Code Section 480.3. Buyer may elect not to complete and execute said form prior to the close of escrow. Should Buyer choose not to execute the PCOR or should the County Recorder's office reject the PCOR for any reason, Buyer is aware that a $20.00 charge will be assessed by the County Recorder's office and Escrow Holder will charge the account of Buyer accordingly. In the event the PCOR has not been filed at the time the documents record OR the County Tax Assessors office determines that the form has not been properly completed, Buyer will be responsible for obtaining and completing a new PCOR and any additional documents that may be required by the Assessor's office. Failure to file a proper PCOR will result in additional penalties in accordance with Section 480 of the California Revenue and Taxation Code. Escrow Holder's sole duty shall be the delivery of the PCOR to the County Recorder at the time of recordation of transfer documents, if it is provided to Escrow Holder. Escrow Holder assumes no liability or responsibility regarding the proper completion of the POOR. PTb L.0 PLEASE INITIAL ® BUYER(S): SELLER(S) / Page 6 Escrow No.: PSLI0516 - LT140 - KR NON-RESIDENT ALIEN (FIRPTA); The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Lawyers Title Company will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction, nor act as a qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Lawyers Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Lawyers Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Lawyers Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Lawyers Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Lawyers Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. CALIFORNIA WITHHOLDING: In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price or the amount that is specified in a written certificate executed by the transferor in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust, or estate or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California real property. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place of business in California, OR 3. The seller, who is an individual, trust, estate or a corporation without a permanent place of business in California executes a written certificate, under the penalty of perjury, of any of the following: A. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code). B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code. C. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code. D. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. E. The California real property transaction will result in a loss or a net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities. Buyer understands that in no event will Escrow Holder undertake to advise Buyer and/or Buyer's representative on the possible application of the above code sections to this specific transaction. Unless expressly instructed by Seller and Buyer herein, Buyer understands that Escrow Holder will NOT assist in obtaining a waiver from withholding from the Franchise Tax Board. Should Buyer and Seller herein direct Escrow Holder to undertake any activities pursuant to the withholding provisions under California law, Buyer and Seller agree to cooperate fully in providing necessary information to Escrow Holder. Buyer and Seller agree to indemnify and hold Escrow Holder harmless in the event of noncompliance resulting from information supplied by either Buyer and/or Seller. For additional information concerning the withholding provisions under the code sections referenced above, please contact the Franchise Tax Board-Withhold-at-Source Unit at (888) 792-4900, P.O. Box 651, Sacramento, CA 95812-0651. Web address: www,ftb,ca.gov PLEASE INITIAL 0BUYER(5): Y& SELLER(S) Page 7 Escrow No.: PSLI0516 - LT140 - KR 18. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them. 19. ENVIRONMENTAL ISSUES Escrow Holder has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow. Escrow Holder is released of any responsibility and/or liability in connection therewith. 20. USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 21. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 22. FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. Electronic signatures are not acceptable on recordable documents. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 23. CLARIFICATION OF DUTIES Legal Advice: Lawyers Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Sufficiency/Correctness: Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. Executed Instructions The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. No Duty To Notify As To Other Transaction: Escrow Holder shall have no duty or responsibility to notify any party to this escrow of any sale, resale, loan, exchange or other transaction involving the property which is the subject of this escrow or any profit realized by any person or entity in connection therewith, notwithstanding that Escrow Holder may act as escrow holder for such transaction(s) in this or another escrow(s). Record Retention: After the closing or cancellation of this escrow, Escrow Holder shall retain the escrow file(s) pertaining to this escrow for a minimum of five (5) years, after which time Escrow Holder is authorized to destroy or otherwise dispose of such file(s) without notice or liability to the parties hereto. Disclosure Reports, Escrow Holder is not to be concerned with disclosures made by the parties to each other. In the event Escrow Holder receives any disclosure reports requiring signatures or approval by a party, Escrow Holder's only responsibility will be to forward the report to the appropriate party. 24. FAILURE TO CLOSE TIMELY If the conditions for closing this escrow have not occurred at the time set forth herein for closing, Escrow Holder is nevertheless to continue to act hereunder and to close this escrow as soon thereafter as such conditions (except as to time) shall have been met, unless any party shall have made a written demand on Escrow Holder for cancellation of this escrow and/or for the return of any funds and/or documents deposited by such party. 25. FUNDS HELD IN ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of $25.00 that is to be charged against the funds held by the Company. Any funds remaining in the file or principals failure to negotiate funds issued by escrow holder may result in the funds being escheated to the State of California's Unclaimed Property. This process includes a due diligence period through our local and corporate offices. Any refunds requested during this process may take up to 6 months. Refunds requested through the State of California are not controlled by escrow holder. For more information about the State of California Unclaimed property visit: www.sco.ca.gov. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER PLEASE INITIAL ® BUYER(S): da SELLER(S) L.�G / Page 8 Escrow No.: PSL10516 - LT140 - KR INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Lawyers Title Company conducts escrow business under Certificate of Authority No. 281 issued by the California Department of Insurance. BUYERS SELLERS City of Palm Springs, a Califonria charter city and Palm S ri s otorsports, LLC, a California limited corporation liabity iopa Y� By: David H. Ready By: Lali h Chandrasena Wr City Manager Sole Member James T son City Cie k By: D ugla Holland, Esq. City Attorn APPROVED BY CITY MANAGER +nkQ, n aq .1° Nhsgt, PLEASE INITIAL © BUYER(S): IA& SELLER(S) Page 9 HOE-502-A(PI)REV.12 (05-13) Escrow No.: PSL10516-140-KR - Title No.:616670028 PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by transferee(buyer)prior to a transfer of subject property. in accordance with Section 480.3 of the Revenue and Taxation Cade. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary correction to the prinled name and,uuhug addrerrJ City of Palm Springs,a California charter city and municipal corporation ASSESSOR'S PARCEL NUMBER 3200 E.Tahquitz Canyon Way Alm:City Clerk 669-093-012-6 Palm Springs,CA 92262 SELLERrITANSFEROR Palm Springs Motorsports LLC a California limited liability company BUYER'S DAYTIME TELEPHONE NUMBER BUYER'S EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 6550 North Indian Canyon Drive Palm Springs,CA 92264 MAIL PROPERTY TAX INFORMATION TO(NAME) City of Palm Springs,a California charter city and municipal corporation ADDRESS ❑YES XNO This property is intended as my principal residence. If YES,please indicate the dale of occupancy MO DAY YEAR orintended occupancy. PART : TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES � ❑ J�tQ}F A. This transfer is solely between spouses(addition or removal of a spouse,death of a spouse,divorce settlement,etc.). ❑ B. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition or removal of a parrner, death of a partner, termination settlement,etc.). ❑ * C. This is a transfer: ❑between parent(s)and child(ren) ❑ from grandparent(s)to grandehild(ren). ❑ * D. This transfer is the result of a cotenanfs death. Date of death ❑ * E. This transaction is to replace a principal residence by a person 55 years of age or older. -J Within the same county? ❑YES ❑NO ❑ `4! * F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? ❑YES ❑NO ❑ Y G. This transaction is only a correction of the name(s)of the person(s)holding title to the property(e.g.,a name change upon marriage). If YES,please explain: ❑ / H. The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ 1. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g.,cosigner). If YES,please explain: ❑ J. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. K. This is a transfer of property: ❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑the transferor,and/or ❑the transferor's spouse ❑registered domestic partner. ❑ qy, 2, to/from a trust that may be revoked by the creator/grantor/Wstor who is also ajoint tenant,and which names the otherjoint tenant(s)as beneficiaries when the creator/grantor/trustor dies. ❑ NX 3, to/from an irrevocable trust for the benefit of the ❑cremodgrantor/castor and/or ❑grantor's/trustor's spouse ❑grantor's/trustor's registered domestic partner. ❑ L. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ 14 M. This is a transfer between parties in which proportional interests of the transferor(s)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. ❑ N This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. ❑ * O. This transfer is to the first purchaser of a new building containing an active solar energy system. *Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P2)REV,12 (05-13) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer,if other than recording date: B. TTYyF of transfer: ,_i Purchase ❑Foreclosure ❑Gift El Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOE-100-B) ❑ Contract of sale. Date of contract: ❑Inheritance. Date of death: ❑ Sale/leaseback ❑Creation of a lease ❑Assignment of a lease ❑Termination of a lease.Date lease began: Original term in years(inclu g written options): Remaining term in years(including written options): Other. Please explain: S C. Only a partial interest in the property was transferred.AYA O If YES,indice a the percentage transfe ed: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. B. Cash down payment or value of trade or exchange excluding closing costs Amount $Jlp_f a�7v7 C. First deed of trust Q %interest for years. Monthly payment$ Amount ❑ FHA(_Discount Points) ❑ Cal-Vet ❑ VA( Discount Points) ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings&Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment$ Due date: D. Second deed of trust ac %interest for years. Monthly payment$ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings&Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment$ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ F. Amount,if any,of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: ❑Through real estate broker.Broker name: Phone number:( 1 'Direct from seller ❑ From a mily member-Relationship /❑` fa Other. Pleaseexplain: H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑Single-family residence ❑Co-op/Own-your-own ❑Manufactured home Multiple-family residence. Number of units: ❑Condominium ❑Unimproved lot Other.--Description:(i.e.,timber,mineral,(water rights,etc.) }. ❑Timeshare ElCommercial/Indusaial hYrA AO(r'A r1fw (x'1�15 W141{M B. ❑YES KNO Per nal/business property,or incentives,provided by seller to buyer arc included in the purchase price. Examples of personal property are furniture,farm equipment,machinery,etc.Examples of incentives are club memberships,etc. Attach list if available. If YES,enter the value If the personallbusiness properly: $ C. ❑YES XO A manufactured home is included in the purchase price. If YES,enter the value attributed to the manufactured home: $ ❑YES ,,��//NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ❑YES /1{N0 The property produces rental or other income. If YES,the income is from: ❑Lease/rent ❑Contract ❑Mineral rights ❑Other: E. The condition of the property at the time of sale was: ❑Good XAverage ❑Fair ❑Poor CERTIFICATION 1 cerl fy(or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belie SIGNATURE OF BUYEWfaANSFEREE OR CO O R DATE TELEPHONE NA 113 RANSFEREEn.EGAL REPRESENT CORPORATE OFFICER(PLEASE TIT L EA IL ADD S ►M�1� ,'J , Cam r t !,j 4 of PkI Wk (1, H( K9ESTCl1ce may contact you for addi ional information regarding this transaction. '•v� -.1 ✓✓ .�PPROVEQBY CITY MANAGER 1 ityGlerk tkee � ayg�T wAb BOE-502-A(P3)REV.12 (05-13) ADDITIONAL INFORMATION Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20). NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter Assessor's Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical location of the real property. NOTE: Your telephone number and/or email address is very important. If there is a question or a problem, the Assessor needs to be able to contact you. MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should be mailed. This must be a valid mailing address. PRINCIPAL RESIDENCE: To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home address on your automobile registration, and (3) where you normally return after work. If after considering these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as your principal residence, and indicate the date of occupancy or intended occupancy. PART 1: TRANSFER INFORMATION If you check YES to any of these statements,the Assessor may ask for supporting documentation. C, D, E, F: If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your property's previous tax base. A claim form must be filed and all requirements met in order to obtain any of these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be subject to federal gift tax. You make a gift if you give property (including money), the use of property, or the right to receive income from property without expecting to receive something of at least equal value in return. The transferor (donor) may be required to file Form 709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount. G. Check YES if the reason for recording is to correct a name already on title (e.g., Mary Jones, who acquired title as Mary J. Smith, is granting to Mary Jones). This is not for use when a name is being removed from title. H: Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial interest in the property. "Beneficial interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell, mortgage, or lease the property to another. A beneficial interest can be held by the beneficiary of a trust, while legal control of the trust is held by the trustee. I: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an agreement with the lender stating that if the borrower fails to repay the loan, the cosigner will assume legal liability for it. M: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies. Check YES only if the interest held in each and every parcel being transferred remains exactly the same. N. Check YES only if property is subject to subsidized low-income housing requirements with governmentally imposed restrictions; property may qualify for a restricted valuation method (i.e. may result in lower taxes). O. If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all requirements met in order to obtain the exclusion. Contact the Assessor for a claim form. PART 2: OTHER TRANSFER INFORMATION A: The date of recording is rebuttably presumed to be the date of transfer. If you believe the date of transfer was a different date (e.g., the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer date. If it is not the date of recording, the Assessor may ask you for supporting documentation. B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a separate sheet if necessary. BOE-502-A(Pa)REV.12 (05-13) PART 3: PURCHASE PRICE AND TERMS OF SALE It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors in determining the assessed value of the property, which is used to calculate your property tax bill. Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes. A. Enter the total purchase price, not including closing costs or mortgage insurance. "Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a private mortgage insurer. B. Enter the amount of the down payment, whether paid in cash or by an exchange. If through an exchange, exclude the closing costs. "Closing costs" are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which include title searches, lawyer's fees, survey charges, and document recording fees. C. Enter the amount of the First Deed of Trust, if any. Check all the applicable boxes, and complete the information requested. A "balloon payment" is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment. D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested. E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance, and mark the applicable box. An "improvement bond or other public financing" is a lien against real property due to property-specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds, etc. Amounts for repayment of contractual assessments are included with the annual property tax bill. F. Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price. G. If the property was purchased through a real estate broker, check that box and enter the broker's name and phone number. If the property was purchased directly from the seller (who is not a family member of one of the parties purchasing the property), check the "Direct from seller" box. If the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the "From a family member" box and indicate the relationship of the family member (e.g., father, aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the internet, at auction, etc.), check the "OTHER" box and provide a detailed description (attach a separate sheet if necessary). H. Describe any special terms (e.g., seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions (e.g., seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller), financing, buyer paid commissions, and any other information that will assist the Assessor in determining the value of the property. PART 4: PROPERTY INFORMATION A. Indicate the property type or property right transferred. Property rights may include water, timber, mineral rights, etc. B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc.), ski lift tickets, homeowners' dues, etc. Attach a list of items and their purchase price allocation. An adjustment will not be made if a detailed list is not provided. C. Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes, check NO and enter the decal number. D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-occupied. E. Provide your opinion of the condition of the property at the time of purchase. If the property is in "fair" or "poor" condition, include a brief description of repair needed. TO: Lawyers Title Company Re: 6550 North Indian Canyon Drive, Palm Springs, CA 92264 Escrow No.: PSL10516-140-KR Disbursement Instructions for Proceeds/Refunds You are authorized and instructed to disburse my proceeds or refund due me, as indicated below. Important: If you do not have a bank account in the same name as you hold title, it is advised you secure such an account prior to the close of escrow. Contact your Escrow Officer with any questions. *Please make sure the information youprovide is accurate complete and legible. Name of person authorized to pick up your check: -�0/Hold Check for Pick Up ?4ail Check To Address: iL2ZV t Ytl.i W ote—Escrow is not responsible for timely ✓ f� T delivery of the U.S.Mail ❑ Delivery by Overnight Service Address: (Standard/Weekday within the US Only) Expedited or outside the US requires an additional fee charged at closing. ❑ Delivery by Courier Service Address: Courier service is to a business only within our delivery area. Expedited or out of area deliveries will be billed as charged. Transfer: ❑ Proceeds ❑ $ ❑ Transfer Funds to another Name of Company/Reference Number: Escrow Transaction If this option is selected, additional instructions must be prepared and Contact Name/Phone/Email: sicned by you prior to the close of escrow. ❑ Wire Transfer Funds By making this selection and signing this document (pages 1 and 2), you are agreeing to the additional information which appears on page Please complete & sign two of this document entitled: "Important Information about Wire Page (2) Two Transfers'and agree to be bound by same. You shall indemnify and hold harmless Lawyers Title Company, its successors or assigns, from any loss, liability and cost incurred as a result of any incorrect information supplied. Lawyers Title Company shall not be liable for any special, consequential, Indirect or Incidental damages, regardless of whether any claim is based on contract or tort whether the likelihood of such damage was known to Lawyers Title Company. Attention Seller: Proceeds due o at the close of escrow will only be payable to the exact you Y ' Y name(s) in which title is currently held. Attention Buyer/Borrower: Any refunds due you at the close of escrow will be payable ONLY to the exact name(s) in which you have taken title to this property. Dated: VCPrint Your Name: r / Print Your Name: x x Print Your Name: Print Your Name: APPROVED BY CITY MANAGER ATTEST: h� k 1'I Sal 12 AbS6 ter,,, TO: Lawyers Title Company Re: 6550 North Indian Canyon Drive, Palm Springs, CA 92264 Escrow No.: PSLI0516-140-KR Disbursement Instructions for Proceeds/Refunds (Page Two) :)Only complete and sign if you are requesting your funds be WIREDC Important Information about Wire Transfers Due to the potential fraudulent activity regarding hacked emails and bank accounts, if you are asking for a wire transfer of your funds at closing, s Iplease pay particular attention to the following notices and procedures. ( r We hope you understand these are put in place to protect your funds in this transaction. Please be sure your wiring information is clear and legible. 1. Provided the funds are wire transferred in accordance with these instructions, Lawyers Title Company shall not be liable for any act or omission of any financial institution or any other person, nor shall Lawyers Title Company have any liability for loss of funds or interest thereon. In no event will damages exceed interest at a rate equal to Federal Funds rate, adjusted daily, for the number of days that such funds are unavailable. 2. The information provided by you below cannot be changed or altered during the course of this transaction unless the following is complied with: o All parties entitled to the funds will be required to come into the office and meet with our staff. You will be asked to provide proper identification and sign a new wire transfer instruction. o If you are unable to come into our office, all parties will be required to sign a new wire instruction form and the document will require notarization by a company approved notary. o Updates to your wire information received in an email will NOT BE HONORED. You will have to submit a new instruction form as outlined above and a phone call verification may be required. o Changes cannot be made by any persons other than those entitled to the funds. Escrow holder is instructed to wire funds to the following institution at the close of escrow: Name of Receiving Bank: Address of Bank: Phone Number: Contact Person at the Bank: ABA Routing Number*: *Note: it is strongly advised you contact your financial institution when completing this information. The number that appears on checks or on deposit tickets is not always the correct routing number for wire transfers Account Number: Name on Account: Important: If you do not have a bank account in the same name as you hold title, it is advised you secure such an account prior to the close of escrow. Contact your Escrow Officer with any questions. Your Signature below indicates your review and approval of all information contained on page (1) and above. Dated: X X Print Your Name: Print Your Name: X X Print Your Name: Print Your Name: American Land Title Association Combined ALTA Settlement Statement-Estimated Page: 1 Adopted 0 510112 01 5 Escrow No.: PSL10516-KR Print Date&Time: 11/17/2016 2:00:42 PM Lawyers Title Company (� Lawyers Title Escrow Officer: Kimberly Rogers 777 E.Tahqultz Canyon Way Suite 200J1 Palm T ,a�7 y Springs CA 92262 �' --_"—J..................__-__._... Settlement Location: 777 E.Tahquitz Canyon Way Suite 200-31, Phone: (760)327-6523 Palm Springs,CA 92262 Fax: (760)327-6748 Property: 6550 North Indian Canyon Drive,Palm Springs,CA 92264 Buyer: City of Palm Springs,a Califonria charter city and municipal corporation Seller: Palm Springs Molomports,LLC,a California limited liability company Lender: (Loan#:) Settlement Date: 121212016 Disbursement Date: 12/2/2016 Additional dates per state requirements: Seller Description Borrower/Buyer Debits Credits Debits Credits Financial $16.505.00 Purchase Price $16,505.00 Title Charges&Escrow/Settlement Charges Owner's Coverage CLTA for Temp Easement to Lawyers Title Co $396.00 Escrow Fees $700.00 Government Recording&Transfer Charges County Transfer Taxes $18.70 Recording Fees $100.00 Other Buyer Funds Held for Final Accounting $100.00 Seller BorruweriBuyer Debits Credits Debits Credits $0.00 $16,505.00 Subtotals $17,819.70 $0.00 Due From Buyer $17,819.70 $16.505.00 Due To Seller $16,505.00 $16,505.00 Totals $17,819.70 $17,819.70 Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement.Well authorize Lawyers Title Company to cause the funds to be disbursed in accordance with this statement. gs,* alifonria charter c m eipal e o By:David H.Ready Cagaar ` APPROVED BY GIiY MANAGER ame T son 1 i51q 10 Alb Cle By:Do glas C olland,Esq. City Attorney Pal of sports,LLC, alifornia limited liability company y: ndrasena Sole ember ( 0 A scm O cer:kClWrly Rogers This is an estimated closing statement and is subject to changes,corrections or additions at the time of final closing. Escrow Division i t.h. Lawyers Title 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com Escrow Number: PSL10516 - LT140 - KR Date: November 21, 2016 Property Address: 6550 North Indian Canyon Drive, Palm Springs CA, 92264 Escrow Officer: Kimberly Rogers For Credit To: City of Palm Springs, a California charter city and municipal corporation WIRE TRANSFER INSTRUCTIONS The following information is provided to you, per your request, in order to send a WIRE TRANSFER to Lawyers Title Company Bank Name/Address: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 BANK ROUTING Number: 122000496 CREDIT TO: Lawyers Title Company Branch / Account Number: 9101081413 For Further Credit to Escrow No: PSL10516 - LT140 - KR Attention: Kimberly Rogers All information must be EXACT or a delay in your wired funds may occur, which may also delay the closing of your escrow transaction. Funds required for closing are to be sent in the form of a wire transfer ONLY. Any electronic funds attempted to be sent via Automated Clearing House ("ACH") will be rejected and sent back to the originators account. The process of rejecting an ACH may take anywhere from 5-10 days, which will result in the delay of your closing. Neither Lawyers Title Company, or the bank mentioned above, will assume any liability for delays in your wire due to incorrect information or the return of an ACH transfer. If there are any questions regarding the wire transfer of your funds, please do not hesitate to contact our office our bank named above. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: Indian Canyon Drive Widening and Bridge Replacement (a) UPRR Federal Project No. BRLO-5282(017) City Project No. 01-11 APN(s): 669-093-012 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this �A day of 20_�,, by and between the City of Palm Springs, a California charter cit nd municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the "City" and/or "Grantee", Palm Springs Motorsports, LLC, a California Limited Liability Company, hereinafter designated as the "Grantor". City/Grantee and Grantor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. Grantor 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) 669-093-012, (referred to as the "Property"). B. Grantee desires to obtain from Grantor a temporary construction easement over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its assignees, including its contractor(s), to enter, for a limited duration and term subject to the conditions herein this Agreement, a portion of the Property as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B", (the "Easement Area"), which are attached hereto and incorporated herein by reference. C. The Parties desire by this Agreement to provide the terms and conditions for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as defined below, over the Easement Area. AGREEMENT NOW, THEREFORE, in consideration of performance by the Parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grantor hereby grants to City and its assignees, including its contractor(s), the right to enter upon and use Grantor's Property in the City of Palm Springs, Riverside County, State of California, described as Assessor's Parcel Number(s) 669-093-012 for all purposes necessary to facilitate and accomplish the Temporary Construction Easement Agreement Page 1 of 5 r construction and installation of various public street improvements ("Temporary Construction Easement") associated with the Indian Canyon Drive Widening and Bridge Replacement @ UPRR, Federal Project No. BRLO-5282 (017), City Project No. 01-11 ("Project"). 2. The Temporary Construction Easement, used during construction of the Project consists of approximately 3,301 square feet as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B° (hereinafter the "Easement Area"). 3. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Easement Area by the Grantee, including the right to remove and dispose of improvements, shall commence on October 15, 2016 or the close of escrow controlling this transaction, whichever occurs first, and the amount shown in Section 14 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. Temporary Construction Easement will expire on October 15, 2021. Upon the City's recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office, the Temporary Construction Easement granted herein shall be automatically surrendered by Grantee, and Grantee's interests thereto shall be automatically reverted to Grantor as if quitclaimed by Grantee, and shall no longer represent any title interest of or to Grantor's Property. Nevertheless, if requested by Grantor following such termination, City will execute a quitclaim deed confirming such termination. 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of completing the Project in accordance with applicable laws. The City's activities may involve surveying, staking, excavation, grading, and other related uses that are reasonably required to construct the Project. City agrees not to damage Grantor's property in the process of performing such activities. At all times during the term of this Agreement (and during construction of the Project), Grantor's property will remain accessible for Grantor's ingress and egress. 5. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded, if applicable, and left in a neat condition. 6. Grantee, or Grantee's Contractors, will relocate, if necessary, the sign located within the Temporary Construction Easement to a mutually agreed upon location. Grantee agrees to relocate sign at their expense. Temporary Construction Easement Agreement Page 2 of 5 r 7. Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: If to Grantee, 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 Grantor, to: Palm Sorinas Motorsoorts, LLC 6550 N. Indian Canyon Dr. Palm Sorinos, CA 92262-1614 8. To the extent permitted by law, City (or its contractor) shall indemnify, defend and hold harmless Grantor from all losses, liabilities, costs, damages, expenses, causes of action, suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims") arising directly out of or in connection with any act or omission of City, its employees, representatives, agents, suppliers or subcontractors, pursuant to this Agreement or otherwise, provided, however, that the foregoing duty to defend, indemnify and hold harmless the Grantor from and against any Claims shall not apply to any Claims arising from the negligence or intentional misconduct of Grantor. 9. Grantor hereby warrants that they are the owners of the Property described above and that they have the right to grant City, its successors or assigns, permission to enter upon and use the Easement Area. 10. This Agreement is the result of negotiations between the Parties hereto. This Agreement is intended by the Parties as a final expression of their understanding with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. 11. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 12. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 13. Grantor, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be Temporary Construction Easement Agreement Page 3 of 5 jointly and severally liable thereunder in accordance with Civil Code Section 1468. 14. City shall pay to Grantor the total sum of Sixteen Thousand Five Hundred Five dollars and no cents ($16,505), (the "Rental Price"), for the right to enter upon and use Grantor's land in accordance with the terms hereof. Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits, other than for payment of the Rental Price, it being understood that the Rental 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 Temporary Construction Easement or any other rights granted under this Agreement. Payment shall be made within thirty (30) days after execution of this Agreement, or pursuant to the terms of and through the close of escrow if acquisition of the Temporary Construction Easement is associated with the City's acquisition from Grantor of permanent right-of-way over a portion of the Property. Grantor hereby acknowledges that it has been advised by its attorney and is familiar with the provisions of California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." By signing below, Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect, except as set forth in this Section 14. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GRANTEE: GRANTOR: CITY OF PALM SPRINGS, a California charter city and municipal corporation Palm Springs Motorsports, LLC, a California Limited Liability Company 1 �. By: ' B . S'oc MsM/3Gsz David H. Ready, City Mara r Ualih Chandrasena, Sole Member ATTEST: ' APPROOV1EDD BY CITY MANAGER By. mes Thompson, City Clerk �� lab�lb APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART eo Not to Exceed $ Without The Express Written Authorization Of The City By: Manager Douglas t. Holland, Esq., City Attorney Exhibit List Exhibit A Legal Description of the Easement Area Exhibit B Depiction of Easement Area Temporary Construction Easement Agreement Page 5 of 5 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "A" EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. COC 11- 01, RECORDED FEBRUARY 28, 2012 AS DOCUMENT NO. 2012-0086272 OF OFFICIAL RECORDS, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG THE CENTER LINE OF SAID INDIAN CANYON DRIVE NORTH 00019'08" EAST 1136.57 FEET TO AN ANGLE POINT THEREIN, SAID POINT BEING THE ONE- SIXTEENTH SECTION CORNER OF SAID SECTION; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 00019'24" EAST 693.92 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 'A' PER CERTIFICATE OF COMPLIANCE NO. COC 11-01; THENCE LEAVING SAID CENTER LINE ALONG SAID WESTERLY PROLONGATION NORTH 88050'44" EAST 50.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'A', BEING A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING, 1. THENCE ALONG SAID PARALLEL LINE NORTH 00019'24" EAST 118.85 FEET TO THE SOUTHERLY CORNER OF AN EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES RECORDED JUNE 05, 2009 AS DOCUMENT NO. 2009-0286237 OF OFFICIAL RECORDS; 2. THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT NORTH 7047'26" EAST 38.47 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00019'24" EAST 155.89 FEET TO THE BEGINNING OF A TANGENT 32.81-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45057'25" A DISTANCE OF 26.32 FEET, 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 00019'24" WEST 200.78 FEET; 6. THENCE NORTH 89°40'50"WEST 5.00 FEET; 7. THENCE SOUTH 00019'24" WEST 135.43 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 'A; 8. THENCE ALONG SAID SOUTHERLY LINE SOUTH 88050'44"WEST 10.00 TO THE TRUE POINT OF BEGINNING. AREA = 3,301 SQUARE FEET, MORE OR LESS Page 1 of 2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-093-012 SEE EXHIBIT"B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. LMD SIGNATURE ^ ` I7 t�q'^r^ "Z 5-29-2015 MICHAEL A. HAVENER DATE PLS 7354 * No. 7354 .r CIS CA- 1 Page 2 of 2 Exhibit "B" DEPICTION OF THE EASEMENT AREA Temporary Construction Easement Agreement Exhibit "B" EXHIBIT " B " caRN Er NON-PLOTTABLE EASEMENTS _A RIGHT-OF-WAY FOR PIPES OR AQUEDUCTS REC. 3/23/1912 IN PUBLIC ROAD, DRAINAGE, BK. 347, PG. 127 OF DEEDS AND AND UTILITY EASEMENT 4/6/1942 IN BK. 533, PG. 588 O.R. I REC. 6/5/2009 AS INST. r' NO. 2009-286237 O.R. POWER LINE EASEMENT LINE TABLE 00 o REC. 8/12/1914 IN BK. LINE BEARING LENGTH I 9 a 400. PG. 253 OF DEEDS L1 N 89'40'S0' W 5.00' APN 669-093-012 L2 S 8850'44• W 10.00' S5' p0Pl, J\JW, J/fir W _ CURVE TABLE cry N N ,� )�J�N J/4 CURVE I DELTA I RADIUS I LENGTH ci d S-c, 23 Cl 45-57.25" 32.81' 26.32' '` g o r � �; 4z I c _ POLE LINE EASEMENT REC. 2/26/1938 IN BK. 364, PG. 494 O.R. MULTIPLY DISTANCE BY 1.OD002570 Q w L1 AND REC. 10/8/1943 TO OBTAIN GROUND DISTANCES a IN BK. 601 PG. 66 O.R. AND REC. 10/8/1943 Q a a IN BK. 596 PG. 515 O.R. r. V z POLE LINE EASEMENT 0 30 60 120 Z Z50' 7 REC. 1/18/1949 IN Q W w BK. WIDTH PG.GIVEN. 1. O.R. LAND 3U `vim NO WIDTH GIVEN. q ' A. 4L� Z o r ro r rl fn1 r'1 p �� o g � (CERT. OF COMPLIANCE CDC 11-01 REC. 2/28/12 AS DOC. NO. 2012-0086272 O.R.) No. 7354 ,p �Q N 00'19'24" E L2 T.P.O.B. q OF CA1-1F 693.92' SW COR. R'J, 41e6140 PAR. 'A', pp ) LEGEND COC 11-01 r�-'rlrr'1, J w TEMPORARY CONSTRUCTION EASEMENT (TCE) co P.O.C. L/1J AREA = 3,301 SO, FT., MORE OR LESS LQ INT. OF THE CENTER LINE OF T INDIAN CANYON DR. (INDIAN AVE.) T.P.O.B. TRUE POINT OF BEGINNING I� AND SOUTHERN PACIFIC RAILROAD \ z � P.O.C. POINT OF COMMENCEMENT AS SHOWN ON ROS 18/2 SHEET 1 OF 1 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE 1" = 60' DRAWN BY: KA DATE:5-5-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:5-29-15 APN 669-093-012 APPROVED BY: DATE: PALM SPRINGS MOTORSPORTS, LC DWG. N0. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF l -t r]JZ 2A/IA- ) ) ss. COUNTYOF ai✓X40f ) 11 // On 1 , before me, VQ,yt,of.SG1 M n, Zjy22W , Notary Public, personally appeared 1 j d'j j who proved to me on basis of satisfactory evidence to be the person(A whose nameA&are subscribed to the within instrument and acknowledged to me that g/she/they executed the same in 6�/her/their authorized capacitypet), and that by (9/her/their signature) on the instrument the personjas), or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. °. VANESSA M.COTHRANi WITNESS my hand and official seal. U COMM.M2149408 0 .� NOTARY PUBLIC•CAUFORNIAQ SACRAMENTO COUNTY n x CCMM.EXPIRES APRIL 17.2020 Signature My Commission Expires: Q.oYr ; 1 � This area for official notarial seal Temporary Construction Easement Agreement