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HomeMy WebLinkAboutA6193 - WINTEC ENERGY LTD PRIVATE UTILITY ENCROACHMENT LIC DOC # 2012-0068586 02/15/2012 09:21A Fee:NC Page 1 of 20 Recorded in Official Records County of Riverside Larry W. Ward FREE RECORDING REQUESTED BY Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: I IIIII IIIIIII IIII IIII IIIIIII IIIII IIIII I IIIII III IIII CITY OF PALM SPRINGS P.O. Box 2743 S R U I PAGE I SIZE I DA MISC I LONGa Palm Springs, California 92263-2743 Attn: City Clerk and Public Works 12-1 and Engineering M Ann/r L 465 426 PCOR NCOR SMF7��li � T: CTY EL 11 01 P�J I ing Fee Exempt Per Government Code 6103 (ror Kecoraers use cmiy) r -{�- PRIVATE UTILITY ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE (the "License") is entered into this day of 2012, by and between Wintec Energy LTD, a California Corporation ("Licensee" nd the CITY OF PALM SPRINGS, a California charter city ("City"). RECITALS: A. Licensee is the owner of real property located in the City of Palm Springs, County of Riverside, State of California, identified by Assessor's Parcel Number (APN) 666-320-026 by that certain Grant Deed recorded as Document No. 2009-0552479, recorded on October 27, 2009, Official Records of Riverside County, attached hereto as Exhibit "A" and incorporated herein by reference ("Licensee Property"), and; B. City is the owner of certain fee and/or easement interests in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Licensee's Property, and more particularly described and shown on Exhibit "B" ("City Property"). C. Licensee desires to construct and maintain six (6) 35 kV buried high voltage cable conduits extending across 19th Avenue(as further specified in Section 3.0 of this License), hereinafter referred to as the"Encroachment", shown on Exhibit"C", which will encroach within the City Property as described and shown as Exhibit "D", attached hereto and incorporated herein by reference (the "Encroachment Area"). D. City has agreed to grant to Licensee an encroachment permit("Permit") for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee executes this License. NOW THEREFORE, the parties hereto agree as follows: 1.0 License. The City hereby grants a License to Licensee to construct the Encroachment within the Encroachment Area upon all of the terms and conditions of the Permit and this License. This license does not cover anyjurisdiction other than the City of Palm Springs public rights-of-way. 1 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time, in no event to exceed ninety(90)days following the execution date of this License. Before beginning any physical work on the Encroachment, Licensee shall notify City that construction of Encroachment will be commenced, at least twenty-four(24)hours priorto commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. The Encroachment shall consist of six(6) 35kV buried high voltage cable conduits with a bare coppertrench ground wire, enclosed in a Fluidized Thermal Backfill (TFB) and compacted backfill, with a minimum depth of 54 inches from top of grade to the top of the conduits, as shown on Exhibit "C". A cable marking tape shall be installed in the center of the trench for magnetic location purposes. The Encroachment shall be perpendicular to the public right-of-way. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Public Works & Engineering and Department of Building & Safety, before Licensee commences construction of Encroachment within the Encroachment Area, or commences construction of any work on Licensee Property. 4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the Encroachment Area in a neat, clean, first class condition and in good order and repair,free of trash and debris at all times. As the Encroachment Area consists of public street rights- of-way,the Licensee shall ensure that any excavations,trenches, and backfill and repaving of trenches excavated by Licensee for the Encroachment are maintained as required by the City, in accordance with applicable City standards or as directed by the City Engineer. Licensee hereby agrees to perform such additional repairs and/or maintenance work in the Encroachment Area within fifteen (15)days notice from City. Licensee shall have access across the City Property at all times while the License is in effect solely for the purposes as noted in Section 3. In the event that Licensee does not maintain the Encroachment as required herein, the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice, to make such repairs or perform such maintenance as is required. If City performs the required repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the repairs and/or maintenance work performed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty(30)days notice from City shall automatically terminate the License herein granted. 4.1 Construction by Others within Encroachment Area. Licensee hereby acknowledges that the License herein granted by City is non-exclusive, and that City may grant subsequent encroachments within the Encroachment Area to other parties, including public utility companies, other governmental agencies, and private parties. Licensee hereby agrees to join and maintain membership with United Service Alert of Southern California (Dig Alert) for the entire term of this License, or until the Encroachment is removed, whichever occurs first. Licensee shall be required, pursuant to this provision of the License granted by City, to monitor notifications from USA/Dig Alert(1-800-227-2600) of excavations or other work within the Encroachment Area by public agencies or private 2 IIIIIIIIIIIIIIIII IIIIII II IIIIIIIII IIIIII e22F�12 of 086 iR parties that may directly affect Licensee's Encroachment. It shall be the Licensee's sole responsibility to adequately mark, identify, and locate its Encroachment within the Encroachment Area for any and all public agencies or private parties who have duly notified USA/Dig Alert of excavations or other work within the Encroachment Area. Failure of Licensee to timely and/or correctly mark, identify, and locate its Encroachment within the Encroachment Area shall be the responsibility of the Licensee. Licensee shall indemnify, hold harmless, and release City from all damages of any kind, due to damages incurred to its Encroachment within the Encroachment Area, including complete loss of the use and/or value of the Encroachment due to excavations or otherwork within the Encroachment Area by public utility companies, other governmental agencies, and private parties, including the City, who have duly notified USA/Dig Alert of their intention to excavate or perform other work within the Encroachment Area. Licensee acknowledges that this provision of the License granted by City releases City of any financial or other obligations to maintain the Encroachment within the Encroachment Area, and that Licensee shall be solely responsible for ensuring that its Encroachment is adequately protected for the entire term of this License. Licensee further acknowledges its Encroachment consists of a privately owned, underground, high-voltage electrical system, and its responsibility to ensure the Encroachment is identified and appropriately marked within the Encroachment Area to ensure future work within the Encroachment area does not result in injury or loss of life. Licensee hereby indemnifies the City from any and all liability, in accordance with Section 6 of this License, for any injuries or loss of life resulting from Licensee's failure to comply with the requirements of maintaining the Encroachment and ensuring its identification within the Encroachment Area through membership in USA/Dig Alert. 4.2 Relocation of Encroachment within City Right-of-Way. In the event of a conflict with an underground utility proposed by any public agency or private party whose proposed utility is approved for installation by City within the Encroachment Area, Licensee hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessary to remove any such conflict with an underground utility proposed by any public agency or private party. Licensee shall prepare relocation plans forthe Encroachment and submit to the City Engineer, as well as the affected public agency or private party, for review and comment within thirty (30) days notice from City of the underground utility conflict. Licensee shall relocate the Encroachment, as directed by the City, pursuant to Sections 2, 3, and 5 of this License, except, however, that relocation of the Encroachment, as approved by City, shall commence no later than thirty (30) days approval of relocation plans for the Encroachment by City. 5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, install, and maintain such lights, barriers, warning signs or other safety provisions as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safety provisions are not being provided by Licensee, the City may, after two(2)days notice from City to Licensee, provide, install and maintain such safety provisions. If the City provides the safety provisions pursuant to this Section 5, City shall submit an invoice to Licensee for payment of the safety provisions installed by City, including administrative fees, and Licensee shall pay such invoice 3 II IIII IIIIIIIIIII IIIII 01e 0s�0e iR IIIIIIIII III 3f received within thirty (30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days shall automatically terminate the License herein granted. 6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its officers, agents and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) Licensee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless there from; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 7.0 Covenants Running With the Land. The covenants and restrictions by Licensee set forth in this License: (a) are made for the direct benefit of the City Property; (b) will constitute covenants running with the land and equitable servitudes; (c) will bind Licensee and every person having any fee, leasehold or other interest in any portion of the Licensee Property at any time or from time to time; and (d) will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at any time or from time to time. 8.0 Insurance. Licensee shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this License, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Licensee's use of the Encroachment within the Encroachment Area under this License. Insurance shall be kept in full force and effect during the term of this License, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insured by original endorsement shall be delivered to and approved by City prior to City's approval of this License. The procuring of such insurance and the delivery of policies, certificates, and endorsements 4 III IIIIIIIIIII IIIIIII IIIII 111111111111111111111 02�5'2010E 09:21A 4 of 20 evidencing the same shall not be construed as a limitation of Licensee's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 8.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least Two Million Dollars ($2,000,000) combined single limit coverage per occurrence. For any claims related to this License, Licensee's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers,employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Licensee's insurance and shall not contribute with it. 8.2 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VIII, or better, unless otherwise acceptable to the City. 8.3 Verification of Coverage. Licensee shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this License. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before approval of this License. City reserves the right to require Licensee's insurers to provide complete, certified copies of all required insurance policies at any time. Verification of Insurance Coverage may be provided by: (1) an approved General Endorsement Form for the City of Palm Springs or(2)an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects Encroachment License No.11-01" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as respects Encroachment License No. 11-01"may be included in this statement). 3. "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavorto" mail and"butfailure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. 5 IIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIII IIIIIIIIIIII ee20150 20 221A All certificates and endorsements are to be received and approved by the City before this License is approved. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS*WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." 8.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, or volunteers; or, Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 8.5 Severability of Interests (Separation of Insured). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 8.6 Insurance Increase. Not more frequently than one (1)time every three (3) years, if, in the opinion of the City, the amount of public liability and property damage insurance coverage at that time is not adequate, the City may require modifications to the required insurance coverage in this Section 8. City shall notify Licensee, and Licensee hereby agrees to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)notice from City. Failure of Licensee to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)days shall automatically terminate the License herein granted. 9.0 Termination. The License is terminable with or without cause by City at any time. Licensee shall remove the Encroachment and restore the Encroachment Area on the City Property to its former condition, at Licensee's sole cost and expense, within thirty(30) days notice from City. In the event Licensee fails to remove the Encroachment and restore the Encroachment Area on the City Property within thirty (30) days notice from City, City shall have the right to do so without notice to Licensee. Licensee shall immediately reimburse the City for all expenses incurred by City in the removal of the Encroachment and restoration of the Encroachment Area on the City Property. Said amounts shall accrue interest from the date the expenses were incurred by City at the maximum non-usurious interest rate permitted by law. 6 III II IIIIIIIIIIIII III III�IIIIII11111IIIII ez2016 of e052086 R 10.0 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: To City: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Clerk With Copy to: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Attorney Licensee: Wintec Energy, LTD 1090 N. Palm Canyon Drive — Suite A Palm Springs, CA 92262 Attn: Frederick W. Noble Either party may change its address from time to time by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this Section 10. 11.0 Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, or in connection with the License or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys'fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 12.0 Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the Licensee Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right, title and interest in the Licensee Property. 13.0 Amendment or Modification. This License may not be modified or amended except by written agreement executed by the then-owner of the Licensee Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 14.0 Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. 15.0 Severability. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect 7 IIII IIIIIII IIII II I Ilil I II II III II III 0c 15 ee 0609:21A the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances. 16.0 Recordation. This License shall be recorded in the Office of the County Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Licensee or City that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. 17.0 Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original. (SIGNATURES ON FOLLOWING PAGE) 8 III IIII I I II IIII IIII Iilll III1111111111111111 @� $,8 of 2 $�1R 8 of 9 IN WITNESS WHEREOF, the City and the Licensee have caused this License to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CIT' OF ALM SPRINGS me rttoMPso�{ va��� N KEADY By 61/ City Clerk City Man Date: oz ' 131 Zo1� Date:�2 �— �Avl By ss U City Engineer Date: /L APPROVE TO FORM: APPROVED BY CITY COUNCIL: By Date: Agreement No. City Attorney Date: 157V o i 2 APPROVED BY CITY COUNCIL LICENSEE WINTEC ENERGY LTD, a California corporation By: Cp M'Aw By: Wr11111611 nature (notarized) 8ig6ature (notarized) .T Name.-3P-R;-e,r/ S• k/6 I&J Name: %Ol�✓eacE Title: o® eAl or- V12 Title: �Oj ya i 9 III III I IIII I I III III II III III III 6z 2019 of 09seG1F or 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L� �l F I^ l � On VI r ��-r-�--��before rite, VL w ''nn '' ,ra emc ara rnam� personally appeared .__- VUt . ranati m sgs�.h who proved to me on the basi sail ry evidence to be the perso r�s whose ram subscribed to the within ' untent and a nowledged,lQQ��me that tref'sherhey,amiculted the same I eritLinh ai dfhorized capaci les), and that hisft . hh signaiur s on the AMI RITTER instrument the perso or the entity upon Tiehaff of Commission # 1787248 which the perso (s)acted,executed the instrument. z -® Notary Public -California = Riverside County £ I certify under PENALTY OF PERJURY under the laws MyComm.&plresJon 12,2012 of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. 7� Paoe Noah em1amrra Signature rea WfttY OPTIONAL Though the m1brmarioh belhw is not ragrdred by law,ft may prove valuabtu to persons reflrmy on the document artd c Ldd pnmffM haudtdent+removal and reathachnrerrt of this team to another docnrrterrt Descriptionolype of Attached Df�curr�1 Title or'ivpe of Document: -I,1�)y��J Document©ate: __Number of Pages: Signer(s)Other Than Named Above: Capacity(lies)Claimed by Signer(s) Signer's Name w ........ .._------- Signer's Name: Individual Individual 7 Corporate Officer—Title(s): '`Corporate Officer—Title(s): J Partner—❑Lim4ed U General Partner—U Limited U General U Attorney in Fact -I Attorney in Fact tI Trustee rcp of mumb he.m _',Trustee tap or a rns he. U Guardian or Conservator Guardian or Coneervator I ❑ Other..__..._.....___ '_Other: ' Signer Is Representing: I Signer Is Represenfing: �xra,wua�i rrwn Ar�P.essu oa sew a.�..ro. zaca.a,� n.cn s,siaza�. .a�caw oteyag ken W.&01 nittyder.CeW7d4FrectdS687RtM2T I III IIIIIIIIII IIIIIII II III III III III ez 9129 of a&sdt LARRY W. WARD Recorder P.O.Box 751 _ COUNTY OF RIVERSIDE Riverside,CA 92502-0751 - ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 " www.riversideacr.com NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: AMI RITTER Commission #: 1787248 Place of Execution: RIVFRSIDF GOLINTY CA Date Commission Expires: January 12, 2012 Date: / 1 /Z 6 ( 2 Signature: Print Name: ELIP PRIMERA ACR 186P-AS4RE0(Rev.09/2006) Available in Allemate Formats 15)1 11111 III HIM III 1111 az 1�f0 z©6'R EXHIBIT "A" DOC # 2009-0552479 10/27/2009 08:00p Fee:25.00 Page I of 3 Recorded in Official Records RECORDING-. EQUESTED BY: County of Riverside Stewart Titled4Califomia Larry U. Ward WHENRECORDED MAIL TO Assessor, County Clerk 8 Recorder NTS TO: Wmtec Energy L D,aCaliffornaCorporation IIIIIIIIIIIIIIIIIIII Illlllllllllllllllllllllllllllll p 5 R U PAGE I SIZE DA MISC LONG RFD COPY T�� �'pr/ngs,C.4 9ot�6 Z TITLE ORDER NO. 2794-196277 M A L 1 465 1 426 OR NCOR SMF NCHG r ECM ESCROW NO. 2795-196277 APN. 666.320-005-0&666-320-026-9 T:rf)WCTY UNI i N) THE UNDERSIGNED(3RANTORS)DECLARE(S): LT DOCUMENTARY TRANSFER TAX is: $0.00 CITY TAX is: Monument Preservation Fee is: © computed on full value of property conveyed,or NO consideration ❑ computed on full value less value of liens and encumbrances remaining at time of sale. ❑ Unincorporated area: ® City of Palm Springs, and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Palm Energy Properties,a California General Partnership hereby GRANT(S)to W intec Energy LTD,a California Corporation City of Palm Springs the following described real property in the/,County of Riverside,Slate o California: FOR LEGAL DESCRIPTION,SEE- EXHIBIT A-ATTACHED HERETO AND MADE A PART HEREOF. "R&T Code 1191 l:No Documentary Transfer Tax is due as this deed is given on real property without consideration." Dated: September 17,2009 Palm Energy Properties,a California General Partnership By: Wintec Energy, LTD, general STATE OF CALIFORNIA 1.partner . By: SIGNED IN COUNTERPART COUNTY OF LOS An!yLs-0 ' F der ck W. Nob , President --� By: On }crv\'QLr O .q before me, Rap W4. Engri General Partner I -2&W\orq a Notary Public, personally appeared h who proved to me on the basis of satisfactory evidence to be the OE9i ZAMORA person(95,whose named)is/pfe subscribed to the within instrument and Commission• 181159, acknowledged to me that he/gtfeldrg executed the same in hisfkft/heir N i.os M brit.California authorized capacity(fe4) and that by histtmhWr signature(�oon the M Comm. pales County instrument the personfp'f or the entity upon behalf of which the persortf�} E,Aires Sep 1 t,p0}p acted,executed th instrument. I certify under P ALTY OF PERJURY under the laws of the State of Califomia that the fo g ng paragraph is true and correct. WITNESS my hand fficial s Signature 72k� — (Sea) MAiL TAX STATEMENTS AS DIRECTED ABOVE IIIIIIIIIIIIIIII IIIIIIIII II IIIIIIIIIII IliIIII 0220112 of 2021R EXHIBIT "N' RECORDINGAEQUESTED BY: Stewart Title of California WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Wintec Energy LTD,a California Corporation 90 N, A/ ye„ Lti- �alr» ngs e'4 Ada-/ TITLE ORDER NO. 2794-196277 ESCROW NO. 2795-196277 APN. 666-320-005-0&666-320-026-9 SPACE ABOVE THIS LWE FOR RECORDER'S USE T.eR d//-- OS% GP,4N ' DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S): DOCUMENTARY TRANSFER TAX is: $0.00 CITY TAX is: Monument Preservation Fee is: 19 computed on full value of property conveyed,or ❑ computed on full value less value of liens and encwnbranow remaining at time of sale. ❑ Unincorporated area: ® City of,Palm Springs, and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Palm Energy Properties,it California general partnership hereby GRANT(S)to Wintec Energy LTD,a California Corporation CCity of Palm Springs the following described real property in the ,County of Riverside,State of California: FOR LEGAL DESCRIPTION,SEE- EXHIBIT A-ATTACHED HERETO AND MADE A PART HEREOF. "R&T Code 11911:No Documentary Transfer Tax is due as this deed is given on real property without consideration." Dated: September 17,2009 Palm Energy Properties,a California&neral eartnership By: Wintec Energy, LTD, general STATE OF CALIFORNIA ';wrtner By: COUNTY OF l�i:�leXS�t? Fr de ick oble, President By: SIGNED IN COUNTERPART On GC;6be r 01 t 20Cf i before me, Ralph`Wt:. Engh, a General Partner o- i r� Anrt '8.�-l-�: L U a Notary Public, personally appeared Fr CA ex i L_ to . M e b l c who proved to me an the basis of satisfactory evidence to be the person(*),whose name(*)Wwa subscribed to the within instrument and KAHN AN BUTTINELU acknowledged to me that he/sh%4key executed the same in hisibedfheir Calm Ulon•1600137 authorized capacity(in),and that by histhwAheis signature(*)on the Nowry instrument the person(e)or the entity upon behalf of which the personlr) so owns"ft ��18 acted,executed the instrument Mcong I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my and — offici Signature (Seel) MAIL TAX STATEtrrOWn AS DIRECM ABOVE 111111111111111111111111111111111111111111111111111111 az 1112 8068586rR EXHIBIT "A" EXITIBIT-A- LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: LOT 1 OF TRACT NO.20335,AS PER MAP RECORDED IN BOOK 163,PAGES 95 AND 96 OF TRACT MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA, IIIIII II III IIII IIIIII I II III III IIII I II III ez 29114©sas 14 0£ :G EXHIBIT "B" 19th AVENUE That portion of the North half of 19th Avenue, shown as Lot"C" on Tract Map No. 20335, per Map Book 163, Pages 95-96, inclusive, official Records of Riverside County, accepted by the County of Riverside on November 25, 1986, and annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. The South half of 19"'Avenue, shown in a Grant of Right-of-Way to the City of Palm Springs (City File Number R 11-09B), and recorded on January 4, 2012, as Doc. No. 2012-0001839, official Records of Riverside County Recorder. IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIIII III IIII ?5115 of 2@12 02P2 621A EXHIBIT licit ummm 19TH AVENUE 2 p Q W D; Y 7RSTgTE 20TH AVENUE .10 V1CICY MAP . `r. �.► eor to SW NORTHERLY SOUTHERLY RIGHT OF WAY LINE 19TH AVENUE RIGHT OF WAY LINE 74' 30' 44' 6� 20' 5.8' F II ( VARIES _ I VARIES # FRAY PAD (1 W(.) 2R MAX. �rRDSO F 1� (MAX.) 54' MIN. 2:1 MAX. SLOPE 35W DIRECT BURIAL CABLE (SEE SHEET 3 OF 3 FOR SECTION) NOT TO SCALE • Engineering • Planning 19TH AVE ENCROACHMENT EXHIBIT BB •Survey • Environmental WINTEC III - KAREN INTERCONNECT The AllumGroup 73-255 El Paseo Drive,Suite 15, Palm Desert,CA 92260 SHEET 1 OF 3 T.760.346.4750 F.760.340.0089 I IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIIII III IIII ezr 01 16 of 2& EXHIBIT "C" WK 5' MIN SEPARATION BETWEEN ONES ` SP od I 0 M APN: 174' 666-320-026 1 30' 44' EXISTING R.O.W. I EXISTING R.O.W. TRACT MAP 20335 DOC. NO. 2012-0001839, BOOK 163, PAGE 95-96 RECORDED JANUARY 4, 2012, o RIVERSIDE COUNTY, O.R. q- / W APN: z 666-330-001 0 ) Q EXISTING R.O.W. DOC. NO. 2012-0001840, RECORDED JANUARY 4, 2012, �— I RIVERSIDE COUNTY, O.R. scaE -- -- a� KAREN AVENUE 19TH AVE ENCROACHMENT EXHIBIT WINTEC III - KAREN INTERCONNECT SHEET 2 OF 3 IIIIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2012-0068586 f 201R EXHIBIT '°C" 30' WIDE ENCROACHMENT ivr I UNDISTURBED I i TOPSOIL I ~III ilE111al ! ilr . ' I - i ,l ! I lCI i i to it l�i COMPACT �, I E311 ,TOPSOIL ILA 3 I I_1IES I z 0 Lo � 6 CABLE COMPACTED MAR KI G a0 BACKFILL TAPE �TYP.) 4 t (3)35KV CABLE n *SHADE CONDUITS — (6 TOTAL WITHIN ENCROACHMENT) FLUIDIZED THERMAL CONSTRUCTION LL (FTB) PER CONSTRUCTION BARE COPPER i SPECIFICATIONS WWIIREC("T1'P.jOUND / f *SHADE r V MIN.— 9' MAX. T VARIES ,5 MIN VARIES T V MIN.— 9' MAX. TR� DERAILS t NOT TO SCALE *SMALL ROCK OR SAND AS LEVELING COMPONENT 19TH AVE ENCROACHMENT EXHIBIT WINTEC III - KAREN INTERCONNECT SHEET 3 OF 3 IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III II III III IN ez 01 is 06 of 20 1s EXHIBIT "D" TRANSMISSION & COMMUNICATIONS ENCROACHMENT LOCATION EL 11-01 AREA A: THE SOUTHERLY 30.00 FEET OF THE EASTERLY 30.00 FEET OF THE WESTERLY 430.00 FEET OF THE NORTHWEST ONE QUARTER OF SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALSO BEING ACROSS A PORTION OF A 30.00 FOOT RIGHT-OF-WAY OF 19TH AVENUE AS SHOWN ON TRACT MAP NO. 20335, FILED IN MAP BOOK 163, PAGES 95 AND 96, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY; DESCRIBED PARCEL CONTAINS 900 SQUARE FEET, MORE OR LESS AND AS SHOWN ON THE ATTACHED PLAT, BY THIS REFERENCE BEING MADE A PART HEREOF, ALONG WITH THE FOLLOWING PARCEL; AREA B: THE NORTHERLY 44.00 FEET OF THE EASTERLY 30.00 FEET OF THE WESTERLY 430.00 FEET OF THE SOUTHWEST ONE QUARTER OF SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALSO BEING ACROSS A PORTION OF A 44.00 FOOT RIGHT-OF-WAY OF 19TH AVENUE AS SHOWN ON A DEED RECORDED JANUARY 4, 2012, AS DOCUMENT NUMBER 2012-0001839, OFFICIAL RECORDS OF RIVERSIDE COUNTY; DESCRIBED PARCEL CONTAINS 1,320 SQUARE FEET, MORE OR LESS AS SHOWN ON THE ATTACHED PLAT, BY THIS REFERENCE BEING MADE A PART HEREOF. Prepared under the supervision of: /V(� aoYa4 Date: 14 2012 �o`�P� sP�S& Michael A. Spurkosky, 73 ��0�� P Uq�o L�< Expires 12/31/11 4 Z o THE ALTUM GROUP i Q t40.8278 i w 73-255 El Pasco Drive, Suite 15 12 31 l3 Palm Desert,CA 92260 * EXP (760)346-4750 L Wmjects%C1059 19thAveExhibitsABLsumeyWasementsLcxA TransCommEsmtdoc Page 1 of 1 1111111111 III 11111111111 ee. 9129 0 f 2& A EXHIBIT "D" SHEET 1 OF 1 TRANSMISSION & COMMUNICATIONS ENCROACHMENT LOCATION EL 11-01 Go' WEST 9s SEC7701V LINE \'$ TRACT MAP NO. 20335 \�O M.B. 163/95-96 '9Q 30' N W7/4 COR SEC. 15 m 19TH AVENUE AREA A: 900 SO. FT. ti PER DOC. NO. 2012-0001839, -- �= 19TH AVENUE a47ED ✓AN, 4. 2012, `+ AREA B.• 1,320 SO. FT. do __ RIVERSIDE COUNTY, O.R. WESTERLY 430.00 FEET 30 15. _ w >i �N\NO�R�S Q g �301 Z w \OtkNL LAivo 5`' �P.SPV9�GgG O a No.$273 a * Ex 12 31 11 * SCALE: P sT�TFOF CAL1FOa��P PREPARED UNDER THE Engineering • Planning SUPERVISION OF.- • Survey • Environmental EMS �/ The Altura Group Vt 2 73-255 El Paseo Drive,Suite 15,Palm Desert,CA 92260 MICHAEL A. SPURKO KY, P.L.S. NO. 82 3 DATE t.760.346.4750 TheAltumGroup.com f.760.340.0089 ASSOCIATE MEMBER AGREEMENT 7L [t THIS AGREEMENT, made and entered into this/0 day of N01le 9�( , 20dL, by and between the UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA (Hereinafter referred to as "USA-SC') and �✓�ATtC ;n/e Iri i, 17-d. (Hereinafter referred to as "Associate Member"). �r WITNESSETH: WHEREAS, USA-SC is a nonprofit mutual benefit corporation organized under the laws of the State of Califomia which operates a regional notification center to facilitate notice to members with underground facilities of proposed excavation; and WHEREAS, Associate Member desires to become a member of USA-SC and -USA-SC desires to accept Associate Member as a member. NOW, THEREFORE, the parties hereto agree as follows: 1. Associate Member has reviewed the USA-SC Articles of Incorporation, By-Laws and Operating Procedures and hereby accepts and agrees to be bound by the terms and conditions thereof. 2. Associate Member agrees to pay dues and assessments as established by the USA-SC Board of Directors from time to time. 3. This Agreement shall become effective on the day and year above first written and shall continue in effect until Associate Members membership is terminated pursuant to Article 11, Section 5 of the USA-SC By-Laws. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. Wii) fec ASSOCIATE MEMBER/ D� r BY TITLE UNDERGROUND SERVICE ALERT OF SOUTHER CALIFORNIA BY TITLE 33 Underground Service Alert of Southern California Grid Notifications For WINTERNRG tote Copnty -- - - Gar d -. _ - CA RIVERSIDE 0725GO21 0725GO22 0725GO23 0725GO24 0725HO21 0725HO22 0725HO23 0725H024 0725HO31 0725HO32 0725HO33 0725HO34 0725J011 0725JO12 0725JO13 0725JO14 0725JO21 0725JO22 0725JO23 0725JO24 0725JO31 0725JO32 0725JO33 0725JO34 0725JO41 0725JO42 0725JO43 0725JO44 0726A011 0726AO12 0726AO13 0726AO14 0726AO21 0726AO22 0726AO23 0726AO24 0726AO31 0726AO32 0726AO33 0726AO34 0726AO41 0726AO42 0726AO43 0726AO44 0726BO31 0726BO32 0726BO33 0726BO34 0726BO41 0726BO42 0726BO43 0726BO44 0726CO31 0726CO32 0726CO33 0726CO34 0726CO41 0726CO42 0726CO43 0726CO44 12/2/2011 5:44:25 AM Page 1