HomeMy WebLinkAboutA6234 - PSUSD RIGHT OF WAY AGREEMENT
AS TO GRANT OF RIGHT-OF-WAY
AND FUTURE REIMBURSEMENT
PALM SPRINGS TENNIS CENTER
THIS AGREEMENT is made by and between the City of Palm Springs, a
Califomia charter city ("City"), and the Palm Springs Unified School Distrct, a public
school district of the state of Califomia ("District'), effective this l day of
2012.
RECITALS
A. District is the owner of a parcel of land in the City of Palm Springs (the "Property"),
which is approximately 9.22 acres, identified by Assessor's Parcel Number 508-100-
024, and more particularly described in Exhibit A attached hereto and incorporated
herein.
B. City and District entered into a Lease and Agreement on or about August 7, 1974,
(the "Lease") which granted City a leasehold interest over approximately 7 acres of
the Property for recreational purposes. A copy of the Lease is included as Exhibit B
attached hereto and incorporated herein.
C. City and District have extended the Lease through the end of its original term of 36
years, to June 30, 2010, in accordance with the provisions therein.
D. City and District executed Amendment No. 1 to the Lease on January 12, 2010,
extending the term of the Lease an additional 2 years to June 30, 2012.
E. City and District have approved Amendment No. 2 to the Lease, extending the term
of the Lease an additional 3 years to June 30, 2015.
F. Section 7 of the Lease states:
The City may require the construction of portions of three streets for its use of this
property. If the City makes such a determination, the City agrees to construct the
portions of the streets at Its sole expense. The District agrees to grant necessary
street rights of way in the event the street construction is required by the City, as
follows.
j (a)A width of 30 feet along the length of the Westerly property line.
(b)A width of 40 feet along the length of the Southerly property line.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
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(c) A width of 40 feet along the length of the Northerly property line.
G. At all times relevant to the Lease and its extensions, the provisions of Section 7 of
the Lease have applied.
H. City has developed and operated the leased area of the Property as a public tennis
complex consistent with the terms of the Lease, and in 1975 completed construction
of street improvements on Baristo Road adjacent to the Southerly property line at its
sole expense to facilitate operation of the public tennis complex in accordance with
the terms of the Lease.
I. City has determined it requires the construction of street improvements on Hermosa
Drive adjacent to the Westerly property line, and has initiated a capital improvement
project to extend Hermosa Drive between Arenas Road and Baristo Road consistent
with its General Plan.
J. in accordance with Section 7 of the Lease, by letter dated October 27, 2010, City
requested District to grant necessary street rights of way along the Westerly and
Southerly property lines to accommodate the planned street improvements on
Hermosa Drive and the existing street improvements on Baristo Road. A copy of
City's letter is included as Exhibit C attached hereto and incorporated herein.
K. District, by letter dated January 10, 2011, responded to City's request by requiring
City to obtain an appraisal and to offer District fair market value for the requested
street rights of way. A copy of District's letter is included as Exhibit D attached
hereto and incorporated herein.
L. City has asserted that Section 7 of the Lease requires District to grant the requested
street rights of way and excludes any requirement for City to compensate District.
M. District has asserted that Section 7 of the Lease does not explicitly state that District
shall grant the requested street rights of way without payment of just compensation.
l N. City has completed an appraisal of the District's Property, dated November 29,
I 2011, prepared by Raymond L. Dozier, MAI, (the "Appraisal"). The Appraisal has
determined a fair market value of the District's Property of$8.26 per square foot.
O. The area of right of way required to formalize the existing street improvements on
Baristo Road is approximately 10,768 square feet. The area of right of way required
to dedicate the proposed street improvements on Hermosa Drive is approximately
21,333 square feet.
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P. The Parties acknowledge and agree that any future development or intensification of
j use of the Property would require the dedication and improvement of street rights-of-
way on Baristo Road and Hermosa Drive contemplated in this agreement.
Dedication of these rights-of-way and installation of street improvement prior to such
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Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
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development or intensification of use confers a substantial benefit for any
subsequent developer of the Property. It is the desire of the Parties, to the
maximum extent permitted under the law, to provide a mechanism by which costs
associated with or deffered as a result of such dedication and Improvement can be
recovered or recouped.
Q. The Parties are amenable to working together to resolve their differences regarding
granting of the requested street rights of way while allowing City to move forward
With its capital improvement project which directly benefits District's Property.
NOW THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the Parties agree as follows:
1. District agrees that the existing street improvements on Baristo Road are long
established and have perpetuated the City's enjoyment and use of District's Property
consistent with the terms of the Lease, and that the fair market value of the right of
way to formalize Baristo Road is $0.
2. District agrees to the current fair market value of$8.26 per square foot determined
by City's Appraisal, and that as of the effective date of this Agreement, the just
compensation for the dedication of right of way for Hermosa Drive is $176,210.58.
3. Upon execution of this Agreement, District agrees to execute a Grant of Right-of-
Way conveying to City the rights of way for Hermosa Drive and Baristo Road,
included as Exhibit E attached hereto and incorporated herein, under the following
conditions:
a. This Agreement shall be recorded with the Riverside County Recorder to
sufficiently encumber the obligations outlined herein upon successors and
assigns of District's Property.
b. At such time as District conveys the Property to a third party (the "Future
Owner"), and the Future Owner (or its agent) applies for discretionary
entitlements from City for development of the Property, the City shall include
therein City's ordinary and reasonable conditions of approval an obligation to
reimburse the District the then current fair market value for the dedication of right
of way, for Hermosa Drive, as determined by a certified appraiser mutually
agreeable to the District and Future Owner and which amount shall be no less
than $176,210.58 ("Reimbursement Amount:").
c. Upon the Future Owner's satisfaction of City's obligation to reimburse the District,
the City shall coordinate with the Future Owner to make payment of the
Reimbursement Amount to the District as a condition precedent to receiving final
City approvals related to a discretionary entitlement granted to the Future Owner
for the Property.
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Agreement as to Dedication of Rightof-Way—Palm Springs Tennis Center
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4. This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such county, and the Parties
agree to submit to the personal jurisdiction of such court in the event of such action.
5. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654) that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
6. Any notice, demand, request, consent, approval, or communication that either party
desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the
address set forth below. Notice shall be deemed communicated seventy-two (72)
hours from the time of mailing if mailed as provided in this Section. Either party may
change its address by notifying the other party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To District: Palm Springs Unified School District
Attention: Superintendent
980 E. Tahquitz Canyon Way
Palm Springs, California 92262
7. No amendments or other modifications of this Agreement shall be binding unless
through written agreement by all Parties.
8. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. In the event that any one
or more of the phrases, sentences, clauses, paragraphs, or sections contained in
this Agreement shall be declared invalid or unenforceable by valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections
of this Agreement, which shall be interpreted to carry out the intent of the parties.
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9. Except as may be expressly provided for in this Agreement, nothing contained in this
Agreement is intended to confer, nor shall this Agreement be construed as
conferring, any rights, including, without limitation, any rights as a third-party
I beneficiary or otherwise, upon any entity or person not a party to this Agreement.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
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10.District shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employes from any claim, action, or proceeding against the City
of Palm Springs or Its agents, officers, or employees to attack, set aside, void, or
annul any action of the City to implement the provisions of this Agreement including
without limitation any imposition of conditions of approval of any entitlement on the
Project as required under the terms of this Agrement.
11. Nothing in this Agreement shall be construed or interpreted as limiting the ability or
the right of the District and any subsequent owner of the Property from negotiating a
waiver or release of the provisions of this Agreement.
12. District shall disclose the terms of this Agreement to any purchaser of the Property
prior to the sale of the Property.
13.The above-referenced Recitals are hereby incorporated into the Agreement as
though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
14.The persons executing this Agreement on behalf of the Parties warrant that they are
duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this
Agreement.
SIGNATURES ON NEXT PAGE
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Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
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IN WITNESS WHER
EOF, the Parties have executed this Agreement as of the dates
stated below.
«clrr,
City of Palm Springs/
Date: APPRDVEDBYCRYCDUNCIL
By:
David H.
City Manager
APPROVED AS TO FORM: ATTEST
By: By.
Douglas C. Holland, James Thompson,
City Attomey City Clerk o-,5 y f 2 t Z
"DISTRICT"
Palm Springs Unified School District
Date:
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Christin . Anderson
Superintendent
APPROVED AS TO FORM: ATTEST
By: By:
Clarissa Canady,
Special Counsel
Dannis Woliver Kelly
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
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EXHIBIT "A"
Legal Description of Property
That certain real property in the City of Palm Springs, County of Riverside, State of
California, more particularly described as follows:
The Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section
14, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm
Springs, County of Riverside, State of California.
Excluding therefrom that portion of said Southwest Quarter of the Northeast Quarter of
the Southeast Quarter of Section 14, described as follows:
Beginning at the Southeast comer of said Southwest Quarter of the Northeast Quarter
of the Southeast Quarter thence Northerly along the Easterly line thereof, a distance of
461.00 feet; thence Westerly, parallel with the South line of said Southwest Quarter of
the Northeast Quarter of the Southeast Quarter, a distance of 220.00 feet; thence
Southerly, parallel with the Easterly line of said Southwest Quarter of the Northeast
Quarter of the Southeast Quarter, a distance of 461.00 feet to the Southerly line of said
Southwest Quarter of the Northeast Quarter of the Southeast Quarter, thence Easterly,
along said Southerly line, a distance of 220.00 feet to the Point of Beginning.
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Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Exhibit A
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EXHIBIT "B"
Lease Agreement
The City and District Lease Agreement follows this page.
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Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Exhibit B
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P.S. Nnified School lease 7 acres
to City for Tennis Complsx
AGREEMENT #1079 (Original 8-7-74)
MO #2236, 8-7-74
LEASE AND AGREEMENT
PARS SPRINGS UNIFIED SCHOOL DISTRICT of RDERSIDE COUNTY hereby
leases to the CLTY OF PALM SP
RINGS the real e de
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scribed r hereinafter de
ty
j scribed upon the following terms and conditions:
J 1, The real property herein leased consists of approximately
seven (7) acres of unimproved land in the City of Palm Springs, County
of Riverside, State of California, described as follows:
The Southwest Quarter of the Northeast Quarter of the
Southeast Quarter of Section 14, T.4S2 R,413, S.B.B. E M.,
in the City of Palm Springs, County of Riverside, State
of California.
Excepting therefrom that portion of said Southwest Quarter
of the Northeast Quarter of the Southeast Quarter of
Sec-tion 14, described as follows:
.Beginning at the Southeast corner of said Southwest Quarter
of the Northeast Quarter of the Southeast Quarter; thence
Northerly along the Easterly line thereof, a distance of
461.00 feet; thence Westerly, parallel with the South Line
Of said Southwest Quarter of the Northeast Quarter of the
Southeast Quarter, a distance of 220,00 feet; thence
Southerly, parallel with the Easterly line of said South-
wet Quarter of the Northeast Quarter of the Southeast
Quarter, a distance of 461,00 feet to the Southerly line
Of said. Southwest Quarter of the Northeast Quarter of the
Southeast Quarter; thence Easterly, along said Southerly
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line, adistance of 220.00 feet to the Point of Beginning,
2, The term of this lease shall be three (3) years commencing on
July 1, 1974. The City shall have the option to renew said lease for an
additional term of three (3) years, which shall be deemed automatically
exercised upon the payment of the rent for the last year of the original
term, unless concurrently therewith the City shall notify the District
in writing that it does not desire to renew, The City shall have the
! option in like manner to renew far successive periods of three (3) years,
but this lease shall not continue past a total of thirty-aix (36) years.
All renewals shall be upon the Same terms and conditions as the original
term.
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3. The rent for the leased premises shall be at the annual rate
of One Hundred Fifty Dollars ($150.00), payment to be made on or about
December 15 of each year.
4. The premises leased shall be used exclusively for recreational
purposes. The City shall have the right to construct and maintain
buildings on the premises, which shall at all times belong to the City.
Such buildings may he removed by the City on the expiration of this
lease or the term of the last renewal, and if not so removed within 90
days of the expiration date, shall become the property of the District.
Such buildings and any other facilities installed by the City shall be
for recreational purposes. Any improvements made by City shall conform
to City standards and requirements of law. They shall be maintained in
a safe and sightly condition consistent with other buildings owned by
the City.
5. City shall hold the District harmless from all liability for
personal injury or property damage arising out of the use or possession
of the premises by the City. In addition, the City shall have the
District named as an additional insured on its public liability policy
for liability claims arising from use of the premises herein demised.
6. It is understood that the City intends to use the property as
a public tennis complex, possibly including enclosed handball courts.
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1 The City may enter into concession or other similar agreements with
other individuals to manage the operations of the complex.
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7. The City may require the construction of portions of three
streets for its use of this property. If the City mattes such a deter-
mination, the City agrees to construct the portions of the streets at
its sole expense. The District agrees to grant necessary street rights
of way in the event the street construction is required by the City,
as follows:
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(a) A width of 30 feet along the length of the Westerly
property line.
(b) A width of 40 feet along the length of the Southerly
property line.
i (c) A width of 40 feet along the length of the Northerly
property line.
S. District will cooperate with the City in the providing of
necessary easements as may be required by utility companies to service
their lime and equipment which may be located on the site.
I 9. Except as herein provided, the District shall have no other
responsibility to City except to insure to the City the quiet enjoyment
of the premises.
10. This lease shall inure to the benefit of and be binding upon
the lawful successors and assigns of the respective parties.
EXECUTED AT Palm Springs, California on Lw .r�..d 7 , 1974.
I ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Deputy City Clerk city Mimagef
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REVIEWED & APPROVED
PALM SPRINGS UNIFIED SCHOOL DISTRICT
OF RIVERSIDE COUNTY
APPROVED BY THEaTYCOUNCIL
BY&Eg.NO.1v_ Superfnrandentochools
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Amend 1 to A1079
AMENDMENT NO. 1 TO LEASE AND AGREEMENT BETWEEN PALM SPRINGS
UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS
This Amendment ("Amendment"} to the Lease acid Agreement ("Agreement") by and
between Palm Springs Unified School District("District") and the Ci_ry of Palm Springs("City")
dated August 7, 1974 is hereby made and entered into as of this U day of W ?010 and
shall become effective as of the 1'x day of July,2010("Effective Date l as follows:
WHEREAS, the District and City entered into the Agreement for purposes of allowing
the City to lease the District's property located on Baristo Road, Palm Springs, CA("Property'7;
and
WHEREAS,the City desires to extend the term of the Agreement;and
WHEREAS, the District is willing to allow for such extension, subjeci to certain terms
and conditions set forth in this Amendment.
j NOW,THEREFORE,DISTRICT AND CfIY HEREBY AGREE AS FOLLOWS;
1. Lease and Asreement The District and. City represent and warrant that the
aforementioned Agreement is the hue correct and complete Agreement and that there have been
no written or oral amendment(s) to the Agreement, All capitalized terms not otherwise defined
herein shall have the meanings given in the Agreement A copy of the Agreement is attached
and incorporated as Exhibit"A."
2. Term. The term of the Agreement is extended for two (2) additional years from the
expiration oft he current renewal term. The Agreement shall terminate on June 30,2012 unless
the parties mutually agree to extend the Agreement. After the first year, the District or City may
terminate the Agreement upon ninety(90)days written notice to the other party.
3. Rent Section 3 of the Agreement is revised as follows;
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The rent for the leased premises shall be at the annual rate of Forty
Six Thousand Five Hundred and Two Dollars ($46,502.00),
payment to be made on or before July 1st of each year.
j 4. A.ssizament or Sublease. The City may assign or sublet this Agreement or any right or
privilege the City might have under this Agreement,so long as it obtains the prior written
consent of District, which consent may be withhold and/or conditioned at the discretion of the
District. In lieu of the termination or expiration of the Agreement, City shall assign this
agreement to a third party, at District's discretion.
5. Nuill E Effect; Par dal Invalidity, This Amendment shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assign. if any provision of
this Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Amendment or
the Agreement.
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G. Full Force and Effect_ No Other Amendments. The Agreement is hereby modified
with respect to the terms set forth heroin, and any other portion thereof as necessary to
implement the foregoing. Except as specifically set forth in this Amendment,the language of the
Agreement shall remain unmodified and in fall force and cffoct as executed by the parties.
( I Counterparts. This Amendment may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original and all
of which shall constitute one and the same instrument-
S. Inconsistencies. In the event of any inconsistency between the terms of this Amendment
and those of the Agreement,the terms of this Amendment shall control.
(SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the pasties have, by their duly authorized representatives,
executed this Amendment, in duplicate, as of the Effective Date set fartit above, and agree that
this Amendment shall constitute binding modifications to the Lone.
PALM SPRINGS UNIFIED SCHOOL DISTRICT
By awl i
Name: amen Novak
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Its: Assij#Superintendent of Business Services
CITY OF PALM SPRINGS
Name:Mr.David H. Ready-EST.-,Ph.D.
its: City Manager
ATTEST: APPROVED BY(MY COUNCIL
E� lb 0�1 �� P�10'1t1
James Thompson
City Clerk
APPR AAS TO FORM:
By:
N : Dougl . H Esq.
Its: Cily homey
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P.s. bnifled schou( leA.;e 9 acres
Le City for Ten^;c Caaple
AGREEMENT #1079 (Original 8-7-74)
MD #2236, 8-7-Ili
i.EfSN AW AGRREMSM
PAIN. SPRINGS U;IF= SCUDOL MTRIGT of RIVERSIDE COUNTY hereby
losses to the CITY OF PALM SPRIMS the real property hereinafter de-
scribed upon the following terms and conditions:
I. The seal property herein leased consists of approximately
sevao (7) acres of unimproved land in the City of Palm Springs, Connty
of Riverside, State of California, described as follows:
The Southwest Quactcr of the Northeast Quarter of the
Southeast Quarter of Section 14, 7.4h, R.4E, S.B.R. @ M.,
in the City of palm Sprisba, Coanty of Riverside, State
of Oalifornia.
Rseapting therefrom that portion of said Southwest Quarter
of the Northeast Quarter of the Southeast Quarter of See-
tiou 14, described as follows:
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Beginning at the Southeast earner of said Southwest Quarter
Of the Northeast Quarter of the Southeast Quarter; chance
Northerly along the Easterly line thereof, a distance of
461.00 feet; thence westerly, parallel with the South line of said Southwest Quarter of the Northeast Quarter of the
Southeast Quarter, a distance of 220.00 fast; tbence
Southerly, para1101 with the Rast:arly lice of said South-
wast Quarter of the Northeast Quarter of the Southeast .
Quarter, a distance of 461.00 fast to the Southerly line
! of said Southwest Quart= of the Northeast Quarter of the
Southeast Quarter; thence Easterly, along said Southerly
j lino, a distance of 220.00 feet to the Point of Beginning.
2. The twat of this lease shall be three (3) yeara commencing on
July 1, 1974. 7he City shall have the option to renew said lease for an
additional term of three (3) years, which shall be deemed automatically
ozeroiced upon the papaent of the rant for the last year of the original
' term, unless Bona rrontly therewith the City shall oatig3, the District
In writing that It does not desire to renew. The City Abell have the
Option in like Mannar to renew for successive poriods of three (3) years,
but this tease shall not continua past a total of thirty-six (36) years.
All Mnewala shall be upon the same terms and conditions as the original
term.
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EXHIBIT A
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3. The rent for the leased premisos shall be at the amual rate
of One Hundred Fifty Dollars ($150.00), payment to be made on or about
December 15 of each year.
4. The promise% laugad ahail be uwd exclusively for rccrcatienal
purposes. The City shall have the right to construct and maintain
buildings on the promisys, which shall at all times belong to the City.
Such buildings may be removed by the City on the expiration of this
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Lease or the term of the last renewal, and if mr so ramoved within 90
days of the expiration date, shall become the property of the District.
Such buildings and any other facilities installed by the City shall be
for recreational purposes. Any irgrrovements made by City shall conform
to City standards and requiremants of law. They shall be maintained in
a safe and sightly condition ceasiacaut with other buildings ovaed by
the city.
S. City shall bold the District harmless from all liability for
personal injury or property dweaga arising out of the use or poesossioa
of the premiaes by the City. In addition, the City shall have the
District aamcd as ma additional insured oa its public liability polity .
for liability claims arising from use of the premivw,na herein demigod.
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6. Tt is understood that the City intends to use the property sa
a publin teanis complex, possibly including enoloeed handball courts.
The City
may enter into concession or other similar egxnnsnara with
Other individualx to manage the operations of the complex.
7. The city may require the construction of porticas of three
streets for its use of this property. If the City makes such a deter-
- - miastion, the City agrees to construct the portions of the streets at
Its sole expense. The Discrict agrees to grant necessary street rights
o£ way in the event the %treat construction is required by the.City,
as follows:
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(a) A width of 30 kept along the length of thm Waaterly
property line.
(b) A width of 40 4mot along the length of the Southerly
property Line.
(c) A width of 40 feet along the length of the Northerly
property live.
8. District will cooperate with the City in the providing of
necessary aaseuents as may be required by utility coupanies to service
their linos and equipaient which may be located on the site.
9. Sxcept as herein provided, the District shell have no Other
responsibility to City except to insure to the City the quiet enjoyment
of the premiaea.
10.' This lease shall Laura tc the benefit of and be binding upon
the lafful successors and assigns of the respective parties.
MMCU= AT Palm Springs, California on c:.._ 1974.
ATTBST< CITY OF PAIR SPRIDCS, CALL MMA
By -, rlhAuLr�J sy
Deputy City Clerk City Nanase,
RKVX6WED 6 APfROVSD
PAIR SERINCS UNUIED SCHOOL DISTRICT
Or RIVERSIDE COMM
APPROVED BY THE CITY COUNCIL By.
BYRE".NO._ a p g_ J^Ar Superintendent 0006001s
I 07.0.
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PALM SPRINGS UNIFIED SCHOOL DISTRICT
AMENDMENT No. 2
TO LEASE AND AGREEMENT No A1079
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This Amendment No.2 dated September 02.2011 to Lease and Agreement No.A1079 between the Palm
Springs Unified School District and City of Palm Springs herewith attached and incorporated to the terms
and conditions of the original agreement and any previous amendment(s).
[x] This amendment represents a change to services described as follows:
Amendment No. 1-Item 2"Term„
The Lease and Agreement shall terminate on June 30,2015 unless the parties mutually agree to
extend the Agreement.
[x]This amendment represwu a change in compensation described as follows:
No Change to compensation
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT AND ANY PREVIOUS
AMENDMENT(S)SHALL REMAIN THE SAME:
City of Palm Springs Palm Springs Unified School District
Signature Date Date
David H.Ready,Esa Ph D- Um manager -
Print Name and Title Christine J.Anderson,UD.,Superintendent
760-322-8350 ten 27 2011
Phone Date of Board of Education Approval
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APPRO S TO FORM:
City Att y Date
ATTEST: APPROVED BY CITY COUNCIL
D9121 f 11 �d04%
G
am-- -- r�r��fxor! W. Pr1a`19
Clerk Date
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Awndmm1No210 A107
EXHIBIT"C"
City Letter Requesting Right of Way
A copy of the City's letter follows this page.
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Agreement as to Dedication of Rfghtof-Way—Palm Springs Tennis Center
Exhibit C
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O a
"N City of Palm Springs
* Department of Public Works and Engineering
3200 East Tahquitz Canyon Way•Palm Springs,California 92262
Cq<rFORN�P Tel:(760)323-8253-Fax:(760)322-8325-Web:www.palmspringsca.gov
October 27, 2010
Ms. Julie Arthur
Executive Director
Facilities Planning and Development
Palm Springs Unified School District
980 East Tahquitz Canyon Way, Suite 202
Palm Springs, California 92262
Re: Dedication of Right-of-Way for Barlsto Road and Hermosa Drive
Palm Springs Tennis Center;APN 608-100.024
Dear Ms. Arthur,
The City of Palm Springs ("City") and the Palm Springs Unified School District ("District")
entered into an .agreement on August 7, 1974, for the purposes of the City leasing a certain
parcel of District owned land for recreational purposes (as a public tennis complex). A copy of
the lease agreement and Its amendment are enclosed for your reference.
Section 7 of the lease agreement states:
The City may require the construction of portions of three streets for its use of this property. If
the City makes such a determination, the City agrees to construct the portions of the streets at
its sole expense. The District agrees to grant necessary street rights of way in the event the
street construction is required by the City, as follows:
(a) A width of 30 feet along the length of the Westerly property line.
(b) A width of 40 feet along the length of the Southerly property line.
(c) A width of 40 feet along the length of the Northerly property line.
The City has amended the Circulation Element of its General Plan and eliminated Arenas Road
which previously extended along the Northerly property line of the District's property. Therefore,
there is no plans, now or in the future, to extend Arenas Road requiring 40 feet of right-of-way
from the District.
However, the City previousfy constructed street improvements on Baristo Road, which were
completed sometime in 1975 according to plans on file in our Department. As can be seen on
the enclosed color aerial photo, the street improvements for the full width of Baristo Road
extend across the District's property, and it is necessary for the District to grant the required 40
feet of right-of-way for Baristo Road across the Southerly property line, pursuant to the terms of
the lease agreement.
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Julie Arthur
October27, 2010
Page 2
The City is also now pursuing plans to extend Hermosa Drive from Arenas Road to Baristo
Road, consistent with the Circulation Element of the City's General Plan (shown as a 60 feet
i wide Collector). As you may know, the Agua Caliente Cultural Museum ("ACCM") is proposed
on the property located immediately north of the District's property. The City is coordinating with
the ACCM on two federal earmarks granted by Congress to the ACCM related to development
of their site. The City recently released a Request for Proposals ("RFP°) to select a consultant
for the project. A copy of the RFP is enclosed for your reference. Given the City's intentions to
extend Hermosa Drive adjacent to the Westerly property line of the District's property, it is
necessary for the District to grant the required 30 feet of right-of-way for Hermosa Drive
pursuant to the terms of the lease agreement.
I have prepared a Grant of Right-of-Way Deed to facilitate the District's granting of right-of-way
for Baristo Road and Hermosa Drive. I understand the granting of right-of-way will require
action by the District's Board, and appreciate your help facilitating the City's request at this time.
If you have any questions,please feel free to contact me at (760) 323-8253, extension 8744, or
by e-mail at Marcus.Fuller@palmspdngsca.gov.
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Sincerely,
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
enc
cc: NO
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EXHIBIT "D"
District's Letter
A copy of the District's letter follows this page.
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Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Exhibit D
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PALM SPRINGS UNIFIED SCHOOL DISTRICT
980 EAST TANQUITZ CANYON WAY
AN 12 ?t) PALM SPRINGS, CALIFORNIA 922 62-01 1 9
(760) 416-6000
no nePrlrso a1.V1S Y
BOARD OF EDUCATION: JUSTIN BLOKE,President—GARY JEANDRON,Clerk
RICHARD CLAPP,Member—KAREN CORNETT,Member—SHARI STEWART,Member
January 10,2011
{
Mr. Marcus Fuller
Assistant Director of Public Works
Assistant City Engineer
City of Palm Springs
3200 East Tahquitz Canyon Way
Pahn Springs,CA 92262
RE: Dedication of Right-of-Way for Baristo Road and Hermosa Drive
Palm Springs Tennis Center;APN 508-100-024
Dear Mr.Fuller:
The District is in receipt of your letter requesting a dedication of a Right-of-Way for the above mentioned
property. The August 7, 1974 Agreement with the City of Pahn Springs ("City)and the Pahn Springs Unified
School District ("District') does identify the street right-of-way required by the City which will now be used for
the Agua Caliente Cultural Museum Road and Drainage Improvement project. The District's procedure regarding
easements is to pay for its necessary easements or receive payment when granting easements: In order to stay
consistent with our District procedure, please have an appraisal based upon fair market value prepared for just
compensation of the easement area and submit the appraisal with a corresponding offer letter to the District for the
Baristo Road and Hermosa Drive right-of-ways.
Upon receipt of the offer letter, I will do my best to facilitate the granting of the right-of-way as soon as possible.
The California Education Code does outline the process for granting rights-of-way; which requires two board
meetings,one for notice of public hearing with intention to grant a right-of-way and one meeting following which
grants the right-of-way. I can be reached at 760/416-6113 if you have any questions.
Sincerely,
ulie Arthur
Executive Director
Facilities Planning r&Development
JA:dd
cc: James Novak
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EXHIBIT "E"
Grant of Right of Way
The Grant of Right of Way document follows this page.
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Agreement as to Dedication of Rightof-Way—Palm Springs Tennis Center
Exhibit E
Recording
Requested by and
After Recording
Return to:
City Clerk
City of Palm Springs
Box 2743
Palm Sorinas.CA 92263 (FOR RECORDERS USE ONL
PursuanttoGovernment Code Section 6103,ftdocmerdis being remdedasabenefitm the CCyofPalm SOV and recording few shag not apply.
File No.R 10-15 NO DOCUMENTARY STAMPS NEEDED
GRANT OF RIGHT-OF-WAY
For a valuable consideration, receipt of which is hereby acknowledged, Palm Spring's Unified
School District, a public school district of the state of California, GRANTOR, hereby grants to
the City of Palm Springs, a California charter city and municipal corporation, GRANTEE, a right-of-
way for streets, highways, underground sewers, public utility installations and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for
public use, in, on, under, over and across the real property in the City of Palm Springs, County of
Riverside, State of California, described as follows:
Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a
part hereof.
Dated: Palm Springs Unified School District, a
public school district of the state of
California
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By
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James Novak, Assistant Superintendent
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ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY SIGNER
County of ❑ INDIVIDUAL(S)
❑ CORPORATE
On before me, OFFICER(S)
Date Name,Title of Officer TITLE(S)
personally appeared
NAME(S)OF SIGNER(S) ❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ who proved to me on the basis of satisfactory evidence to be the person(s) ❑ TRUSTEE(S)
whose name(s) Is/are subscribed to the within instrument and acknowledged to ❑ SUBSCRIBING WITNESS
me that he/she/they executed the same in his/her/their authorized eapacity(fes), ❑ GUARDIAN/CONSERVATOR
and that by hislher/their signatures(s) on the instrument the person(s), or the ❑ OTHER
entity upon behalf of which the person(s)acted, executed the instrument. SIGNER IS REPRESENTING:
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Wftness my hand and offrciaf seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
If
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EXHIBIT "A"
STREET RIGHT-OF-WAY FOR
BARISTO ROAD AND HERMOSA DRIVE
A right-of-way for public streets, highways, underground sewers, public utility
installations and other appurtenant uses located in the West Half (WYZ) of the
Southwest Quarter (SWY4) of the Northeast Quarter (NEY4) of the Southeast
Quarter (SE'/.) of Section 14, Township 4 South, Range 4 East, San Bernardino
Meridian, in the City of Palm Springs, County of Riverside, State of California,
more particularly described as follows:
Beginning at the southwest corner of the West Half (W%) of the Southwest
Quarter (SWY4) of the Northeast Quarter (NEY4) of the Southeast Quarter (SE'/4)
of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, said
point also being the centerline intersection of Baristo Road and Hermosa Drive;
I
Thence, North 00008'42" West, a distance of 656.12 feet along the westerly line
of said West Half(WY:), and along said centerline of Hermosa Drive, to a point at
the centerline intersection of Arenas Road.and Hermosa Drive, said point also
being the northwest corner of said West Half(VP/2);
Thence, North 89'44'20" East, a distance of 30.00 feet along the northerly line of
said West Half(W%);
Thence, South 00008'42" East, parallel with the westerly line of said West Half
(W%), a distance of 586.08 feet;
Thence, South 45014'16" East, a distance of 42.36 feet to a point located 40.00
feet northerly of the southerly line of said West Half(W'/);
Thence, North 89040'10" East, parallel with the southerly line of said West Half
(WY:), a distance of 2439.21 feet to a point on the easterly line of said West Half
(W'/=);
Thence, South WWI East, a distance of 40.00 feet along the easterly line of
said West Half (W%) to the southeast corner of said West Half (WY:), said point
I also being on the centerline of Baristo Road;
Thence, South 89040'10"West, a distance of 329.21 feet along the southerly line
of said West Half (W%) and the centerline of Baristo Road to the southwest
corner of said West Half(W%) and the Point of Beginning.
Subject to existing easements, covenants, rights and rights-of-way of record.
Containing 32,102 square feet or 0.737 acres, more or less.
I
EXHIBIT "A"
(Continued)
STREET RIGHT-OF-WAY FOR
BARISTO ROAD AND HERMOSA DRIVE
Exhibit"B" attached hereto and by this reference made a part hereof.
Prepared by or under the direction of:
SL
D�pa.lANp
Marcus L. Fuller P.L.S. 7987 ° N0
`a f Zj/lO Exp. 12/31/10 *� 8i a
9�OF�A4
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EXHIBIT 'B" N
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t301 I S
' N 89044'20" E - 3Q.00`
ARENAS ROAD - - - �- - -
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1 45'14'16" W
�30 42.36' S 00'08'17" E
I NBV40'10"E - 269,21- - 40.00- - r
BAR/STO ROAD - N89'4010 - 329.21 —
P.0.B.
S.W. COR. A2 I � - - - - - - - - - - -
SV#/4 NEY4 SE4 I RIGHT-OF-WAY
SEC. 14 T.4S. RAE. � TO 9E ACQUIRED
cE p APPROVED: 2 6
} CITY OF PALM SPRINGS DA
r; PUBLIC WORKS & ENGINEERING 7987
DEPARTMENT AST.DIRECTOR OP PUBLIC WORKS/ P.LS
ASST, CITY ENGINEER
HERMOSA DRIVE DESIGN BY: SCALE: FILE NO.
'LEGAL DESCRIPTION: F.U.P. 1" = 150' R 10-15
SEE EXHIBIT "A" CHECKED BY: PROJECT NO. SHEET NO.:
M.L.F. 1 OF 1
P\031 -
DOC # 2012-0324587
07/iv=2 08:43A Fee:NC
Page 1 of 6
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
RRecording
equested byand IIIIII(IIIIII(II(Ilil(1111111((lll(IIIII((IIIIIIIII(I
After Recording
Return to: S R U PAGE I SIZE DA MISC LONG RFD COPY
City Clerk
City of Palm Springs M A L 466 426 PCOR NCOR sMF' CHG K M
Box'2743
Palm Sndnos,CA A2263 NCldIk '� T: CTY UNI 1
Rmra tto Government Code Section 6103,ft document is being recorded as a beneldtothe City of Palm Springs and recording Tees shah not apply.
Apo: 508-1ao D24
File No.R 10.15 NO DOCUMENTARY STAMPS NEEDED
GRANT OF RIGHT-OF-WAY 810
For a valuable consideration, receipt of which :is hereby acknowledged, Palm Springs Unified
School District, a public school district of the state of California, GRANTOR, hereby grants to
the City of Palm Springs, a California charter city and municipal corporation, GRANTEE, a right-of-
way for streets, highways, underground sewers, public utility installations and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for
public use, in, on, under, over and across the real property in the City of Palm Springs, County of
Riverside, State of California,described as follows:
Being over the land described In Exhibit "A" and shown on Exhibit OF attached hereto and made a
part hereof.
Dated: 2 �Z Palm Springs Unified School District, a
public school district of the state of
California
By
Lisa ow Asslstant SuperP htendent
ACKNOWLEDGMENT
State of California
County of Riverside )
On /76 / �— before me, .Libby_L. Garcia, Notaiv.Public
_�r )� (insert name and title of the offtcar)
personally appeared )is a W otot
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies), and that by hts/herttheir signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. LIB
low
Signature (Seal)
I Ii
87 2012-p324587 '
/12/29
aC 6$,43H-i
i EXHIBIT'A"
STREET RIGHT-OF-WAY FOR
BARISTO ROAD AND HERMOSA DRIVE
i
I A right-of-way for public streets, highways, underground sewers, public utility
installations and other appurtenant uses located in the West Half (W%) of the
Southwest Quarter (SW/) of the Northeast Quarter (NEY4) of the Southeast
Quarter(SEY4) of Section 14, Township 4 South, Range 4 East, San Bernardino
i Meridian, in the City of film Springs, County of Riverside, State of California,
j more particulariy described as follows:
j Beginning at the southwest corner of the West Half (W/2) of the Southwest
Quarter (SW°/4) of the Northeast Quarter (NEY44) of the Southeast Quarter(SE*/4)
of Section 14, Townshlp.4 South, Range 4 East, San Bernardino Meridian, said
point also being the centerline intersection of Bartsto Road and Hermosa Drive;
I
Thence, North 00008'42".West, a distance of 656.12 feet along the westerly line
Of said West Half(VVYz), and along said centerline of Hermosa Drive, to a point at
the centerline intersection of Arenas Road.and Hermosa Drive, said point also
being the northwest corner of said West Half(W1);
Thence, North 89044'20" East, a distance of 30.00 feet along the northerly line of
said West Half(WY);
I
I Thence, South 00'08'42" East, parallel with the'westerly line of said West Half
(W12), a distance of 586.08 feet;
Thence, South 45014'16" East, a distance of 42.36 feet to a point located 40.00
feet northerly of the southerly line of said West Half(WW/),
i
Thence, North 89°4b'10" East, parallel with-the southerly line of said West Half
(WW/2); a distance of 289.21 feet to a point on the easterly line of said West Half
W12);
Thence, South 00*08'17"-East, a distance of 40.00 feet along the easterly line of
said West Half (IN%) to the southeast corner of said West Half(Wr4), said point
also being on the centerllne of BaristoRoad;
Thence, South 89°40'10"West, a distance of 329.21 feet along the southerly line
of said West Half (W'/:) and the centedine of Baristo Road to the southwest
comer of said West Half(WW/)and the Point of Beginning.
Subject to existing easements, covenants, rights and rights-of-way of record.
i Containing 32,102 square feet or 0.731 acres, more or less.
2612-M45B7
1����I�'�III�lI1�IlI��IIh���I�III�IAII��II��lllll�ll a�riar�osze'43R
EXHIBIT"A"
(Continued)
STREET RIGHT-OF-WAY FOR
13ARISTO ROAD AND HERMOSA DRIVE
Exhibit"B"attached hereto and by this reference made a part hereof.
Prepared by or under the direction of
LANDS
k�L O�
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Marcus L. Fuller P.L.S. 7987
i'fl��7�lo Exp. 1121M110
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EXHIBIT "B" N
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t
N 89'44'20" E - 30.00'
AREMS ROADco
-- — — -�— — —
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00
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0 0 {^
a - 11p,7987 wJ ° o
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ytic�G.
F 45'14'1$" W
30 42.36' S 00408'17" E
_ N89'40'10"E - 269.gill r40.00'- - -
RL
89'4010 - 329.21 g
ROA
S.W. COR. 'WY
SV64' NEY4 SEY4 I RIGHT-OF-WAY
SEC. 14 T.45. RAE. � TO BE ACQUIRED
CITY OF PALM SPRINGS . APPRO oa v
PUBLIC WORKS & ENGINEERING
DEPARTMENT oiREc R O WBUC WORKS/r P9l S
ASST. air ENOMEER - -
HERMOSA 'DRIVE D SCAM FILE NO.
LEGAL DESCRIPTION: - F.U.P. 1" = 150' R 10-15
SEE EXHIBIT "A" cHECKEo aw PROJECT NO. SHEET NO
M.L.F. 1 OF 1
I II.III�II�ISM IIIII I��II I�III III II �II I�l�III 97, y8 2�8 143R _
��ep`MSA�-2 City of Palm Springs
Office of the City Clerk
3200 E.Tahquitz Canyon Way • Palm Springs,CA 92262
*•Damao Tel:(760)323-8204 • Fax:(760)322-8332 TDD:(760)864-9527 • Web:wmvpalmspringsca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GRANT OF RIGHT-OF-WAY - R10-15
Dated: June 28, 2012
from,
Palm Springs Unified School District,
a public school district of the state of California
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 11th day of July,
2012, pursuant to authority granted by the City Council of said City, by Resolution No.
M
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
�aw I
M D
R-% Dated at Palm Springs, California, this 11th day of July, 2012.
m
ames Thompson
City Clerk
C Post Office Box 2743 • Palm Springs, California 92263-2743