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HomeMy WebLinkAbout05879 - 1995 I-10 INDIAN AVENUE PARTNERS LP R/W ACQUISITION FOR I-10 INTCHG DOC # 2013-0119029 03/12/2013 09:19A Fee:NC 19 RECORDING REQUESTED BY Page 1 of Recorded in official Records Attn: James Thompson County of Riverside City Clerk Larry W. Ward OF PALM Assessor, County Clerk & Recorde.- Pa E.Springs CA 92262 way I IIIIII IIIIIII IP 111111111111111111011111ril 1111 FREE RECORDING S R U I PAGE I SIZE I DA I MISC I LONG RFD I COPY This instrument is for the benefit of the CITY OF PALM SPRINGS, and is entitled to be recorded without fee. M A L 465 426 PCOR NCOR SMF CH /M (Govt. Code 6103) ,,r� ,� � T: CTY UNI lJ SS:ra\11613\001 PG\15.621 (Space above this line reserved for Recorder's use) PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-19 APN: 666-330-059 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, CITY OF PALM SPRINGS, a municipal corporation, ("Grantor" herein), Does hereby remise, release and forever quitclaim to 19951-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP ("Grantee" herein), all right, title, and interest Grantor has in the real property located in Riverside County, California, described in the Temporary construction Easement Deed recorded on 12/4/2009 as Document#2009-0625860, records of said County attached here to and made a pare hereto. PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-10 APN: 666-330-059 Dated: )0 CITY OF PALM SPRINGS, a municipal corporation David H. Ready, City Mg er AS Tt1 ruKlV� ATTEST: �MRISTINI� S 6iw, City Atto -rney By: ames Thompson, City C erk Cate —'4�/3 LAPPROVED BY CITY COUNCIL(/�f !Sq to of California ) ) Ss County of ) On before me, a Notary Public in and for said County and personally appeared who proved to me on the basis of satis evidence to be the rson(s) whose name(s) is/are subscribed to the within instrument and ow ledged me that he/she/they executed the same in his/her/their authorized capacity(ies), at by his/her/their signature(s) on the instrument the person(s), or the entity upon b If hich the person(s) acted, executed the instrument. I certify under PENALTY OF RJURY under the laws of the tate of California that the foregoing paragraph is tr nd correct. WITNESS my d and official seal. Sign e [SEAL] III II IIIIIII III IIII II IIII IIII IIIII I I IIIII III III a �izi 2 £leR�9 4F ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On March 6, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 6th day of March, 2013: �OfpPLM Sp4 iy c U N �o .S x C'p</FORN�p• Signature: MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5879 Document Date: March 6, 2013 IIIIIIIIIIIIIIIF111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0./10130 £1f ISA ASSESSOR'S PARCEL NO. 666-330-059 Exhibit "A" PARCEL CI-19 A temporary easement for construction purposes in and to that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 5; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13,411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 25.645 meters; thence (2) leaving said Northeasterly Right-of-Way line N.13°50'52"E., 2.400 meters; thence (3) N.76008'20"W., 15.122 meters; thence (4) N.13050'52"E., 1.500 meters; thence (5) S.76008'20"E., 15.135 meters; thence (6) S.31009'12"E., 1.273 meters; thence (7) S.76°08'20"E., 24.732 meters to a point in the Southeasterly line of said Parcel 5; thence (8) along said Southeasterly line S.13051'40"W., 3.000 meters to the POINT OF BEGINNING. Page 1 of 2 IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 2914© £I 19 es��sR f The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200, Area = 100.035 sq. meters, 0.0100 hectares �Q\,AN D j A. Michael A. Havener, PLS 7354 Date Exp. 12-31-09 ' INVrA N No.7354 Q 9TFDF CA��F���� Page 2 of 2 II IIII III III IIII I II II IIII III IIII III IN ©a i0150 f 1999s >>v-r1-1-1b Tr r �o EXHIBIT » B » T�J �r (CS MAP 204-483) i��tri J APN 666-330-059 L� 5 P.O.B. S.E. COR. -0- F C\ PAR. 5 h F L1 .� o F lOt P fR Mom' P LOT 82/78��3 P / � "�" � PM GqR Et A PA/1 162118- 3 VENlit, DETAIL 'A' NOT TO SCALE PA J PA J PA if APN 666-330-059 TABULATED LINE DATA LINE BEARING_ LENGTH L1 N 76'08'20' W 25.645 m L2 N 13'50'52' E 2.400 m L3 N 76'08'20' W 15.122 m L4 N 13'50'527 E 1.500 m L5 S 76'08'20' E 15.135 m F *AN L6 S 11M'12' E 1.273 m SEE DETAIL A L7 S 76'08'20' E 24.732 m n R/Iy P \LB S 13'51'40' W 3.000 m 182/18-2.3 M F COT ^ • v F/ Cf-19 GARNETR pk A 162 23 "l F �'N� 1 n 18.288lOT E. PER o PER BK 21290) R/ �23 W / R PM 162118 REC, AUG 6 195? 0 4,�gE�` A. VR`c^ LEGEND TEMPORARY CONSTRUC11ON EASEMENT (TCE) EXP. 31 DEC 09 AREA = 100.0 SQ. METERS (0.0100 HECTARES) it P.O.B. POINT OF BEGINNING �TgTF 7354 OF CAL EOQa`P CI CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-19 OTHERWSE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE: 3-27-09 SHEET 1 OF 1 SHEET (IIIII IIIIIII(III IIII IIIIIII(IIII IIIII III Hill IIII IIII 9 l 1 E0.1 9295R COPY of Document Recorded RECORDING REQUESTED BY Stewart rue on ��a��_as No. � WHEN RECORDED RETURN T0: has not been compared with original. '. Attn. James Thompson City Clerk County Recorder CITY OF PALM SPRINGS RIVERSIDE COUNTY, CALIFORNIA 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 S R U PAGE SIZE DA MISC LONG RFD COPY Exempt from recording charges under Government Code§6103 M A L 465 426 PCOR NCOR SMF NCHG ExAM 12.xxx\050509k001PG\COiw T: CTY UNI PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-19 APN: 666-330-059 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 665-330-059, referenced as Parcel CI-19 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subiect to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately one thousand seventy-seven (1,077) square feet referenced as Parcel CI-19 and described on Exhibits "A" and "B" attached hereto and made a part hereof ("Easement Area"). 2. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted terminate on the earlier of: i) twenty four (24) months from the thirty (30) day written notice, or ii) until completion of said project, or iii) four (4) years from the effective date of this Deed, at which time this Deed shall be deemed null and void. 1 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. esrs ,.l I IIIII IIIIII II III I Iil IIII II IIII III III eanel 2 £100295F 3. 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 Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee 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 City's Work) the Premises will remain accessible for Grantor's ingress and egress. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 7. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 8. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: 1995 1-10 INDIAN AVENUE PARTNERS, L.P. c/o Ocean View Partners 3787 East 11th Street Long Beach, CA 90804 Attention: Howard Chapman Phone Number: (562)434-9988 i !I With a Copy To: Anthony Ciasulli, Esq. Morgan, Lewis & Bockius, LLP 300 South Grand Avenue, 22nd Floor Los Angeles, CA 90071-3132 Phone Number: (213) 612-1324 Fax: (213)612-2501 E-mail address: aciasulli@morganlewis.com j If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue j Riverside, California 92507 Attention: Craig Olsen Real Property Agent Phone Number: (951) 955-4840 Fax: (951) 955-4837 E-mail address: CAOlsen@rivcoeda.org 2 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. - 651833.1 IIIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIIII�II IIII 03201 / 01f1015 9213F With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10, Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. . i 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated Oo}�bf� l�r goo q , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 3 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 65 s.;' 1111111111111 IN 1111111111111111111111111111111111111 03l�21 201£3 15c33F I i 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16: Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable �court t cost. Dated: GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENE LPARTNER BY: Howard an, Managing Member CITY OF PALM SPRINGS, a municipal corporation By: David H. Ready, City Manager ATTEST: By. James Thompson, City Clerk APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART By: Douglas C. Holland, Esq., City Attorney 4 ROW: 1-10 and Indian Interchange 1995 1-10Indian Avenue Partners, L.P. 651313.1 IIIIII IIIIIII III IIII IIIIIII IIIII IIIII III IIIIII III IIII 03�12.20 3f095199R i I 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between i the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees .and other reasonable expenses in connection with such action or proceeding in addition to its recoverable courtcost. q (,Dated: GRANTOR: �lf�� \\CJ 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP I BY: OCEAN VIEW PARTNERS, L,6C, GENE L PARTN BY: Ho an, Managing Member CITY OF PALM SPRINGS, a municipal corporation 2✓� APPROVED BY CITY COUNCIL j - By:- David H. Ready, ager ATTEST: By: �- Games Thompson, City Clerk APPROVED AS TO FORM: WOZss ,DLIN & SMART i By: nd, Esq., City Attorney 4 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651833.1 IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII III IIIIII III IIII 2R 0.. /310 afR0 3 9A g ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF 55 On 0,0 . /a/d00°/ before me," U fzTbtJ Notary Public, personally appeared — H o W AR 1 3. (! 1+t4 P kj i4A) who proved to me on the basis of satisfactory evidence to be the personapl whose name(�j is/are subscribed to the within instrument and acknowledged to me that he/slX6/tb4y executed the same in his/hjWtpdir authorized capacity(ieA, and that by his1he`r/tl}6ir signatureo on the instrument the personA, or the entity upon behalf of which the persono 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. I WITNESS my hand and official sea[ Signature Cn4 ,(" My Commission Expires: 0 7 —1 3—�DO This area for official notarial sea/ J.m BUNT o NlmON ouyPsron M 1886388 MpN s C0eb Cou Yr pomm Fi ins Jo113,28t2 �V f II ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. ll esix,..i III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ra.2013211f©0y9sa I Exhibit "A" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: i I i i i i I ROW: 1-10 and Indian Interchange 1995 1-10Indian Avenue Partners, L.P. 651813.1 I IIII I IIIIII IIII IIII IIIIIII(IIII IIIII III IIIII III IIII eJ 2013-01£©q G�aR I ASSESSOR'S PARCEL NO. 666-330-059 Exhibit "A" PARCEL CI-19 A temporary easement for construction purposes in and to that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 5; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from i centerline) N.76008'20"W., 25.645 meters; thence (2) leaving said Northeasterly Right-of-Way line N.13050'52"E., 2.400 meters; thence (3) N.76008'20"W., 15.122 meters; thence (4) N.13°50'52"E., 1.500 meters; thence (5) j i S.76008'20"E., 15.135 meters; thence(6) 5.31009'12"E., 1.273 meters; thence (7) S.76°08'20"E., 24.732 meters to a point in the Southeasterly line of said i Parcel 5; thence (8) along said Southeasterly line S.13°51'40"W„ 3.000 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on the last day of the 24th month follaong the giving of notice, or four (4) years from the effective date of this agreement, or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. I I Page 1 of 2 III I IIIIIII IIII IIII IIIIIII II II 11111111 HIM 1111111 0;.2At 14 of 1995� i The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 100.035 sq. meters, 0,0100 hectares ���LAND SU n/,n.0✓(��("li.✓.w:iv�l �!- v2- G9 c�',Z,P��"A' kq�F' �F< Michael A. Havener, PLS 7354 Date U �� Exp. 12-31-09 aw•tv3voy N� No.7354 I I III l Page 2 of 2 i 15 IIIIII IIII IIIII III IIIIII III IIIII I IIIIII II III ea 213©il f0 19 029sa Exhibit "B" DEPICTION OF THE EASEMENT AREA I I i i i ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 65IS, 1 IIIIIII IIIIIIIIIII IIII IIIIIIIIIIII IIIII IIIIIIIII III III W/12/ ��116 08 o= 9 (CS MAP 204-463) APN 666-330-059 LC, L5 <� CC' -19 P.O.B. S.E. COR. L3 PAR. 5 T L co 1 o v 's 10T ^f-. PER P 1 h _ £R PM 162/18_ GqRA/Er ¢ NOT TO SCALE f r'1fr'f. �J' J" r1Jr'�. J �AR, 4 APN 666-330-059 TABULATED LINE DATA LINE BEARING LENGTH Lt N 76'08'20" W 25.645 m L2 N 13'50'52" E 2.400 m L3 N 76'08'20" W 15.122 m L4 N 13'50'50 E 1.500 m L5 S 7n8'20" E 15.135 m E L6 S 31'09'12" E 1a2m SEE DETAIL °A' L7 S 7o"D8'20" E 2LB13'51'40" W 3. 162118-21 M E \\ � ff CI-19 GqR� p£R pM 162 o M� ��U23 t F E 18.288 m LOT f. PER P o R£� AUg.�g195�/Q _ M 162/18,23 /R. �t' E� ANDHS�, P F 91 LEGEND h TEMPORARY CONSTRUCTION EASEMENT (TCE) EXP, 31 D 09 AREA = 100.0 SQ. METERS (0.0100 HECTARES) it tr S P.0.8. POINT OF BEGINNING TgrF OF Cl CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-19 OTHERWSE NOTED. MULTIPLY DISTANCES BY 1.OD002594 TO OBTAIN GROUND PREPARED 2Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 SHEET 1 OF 1 SHEET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03: e P of F 93 I O� 4ALM S - N city of Palm Springs * Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 C'9<I FO R4\P Tel: (760) 323-8204 • Fax:(760) 322-8332 • Web: www.pilmsprinos-ci.gov A5879 j CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN: 666-330-059 dated: October 12, 2009, from, 19951-10 Indian Avenue Partners, L.P., a California Partnership 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 28th day of October, 2009, 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 28th day of October, 2009. III AMESTHOMPSON City Clerk 11111111 HIM III IIII oVi 2013&9y19R Post Office Box 2743 Palm Springs, California 92263-2743 PENALTY OF PER.TORY FOR NOTARY SEAS. GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that. the Notary Seal on the document Co which this statement is attached reads as fallow NAME OF NOTARY DATE COt45ISSI0N FIRES J In-M (Sflon U G ) I PLACE OF EXECUTION u DATE: 2 3 " Cam_____ - (Signature) NORM BURDICK, V.P. TITLE OF CALIFORNIA INC. Inland Em ire Division, a Ca. Corp- gTEy�p,RT (Firm Dame—if any) I it IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII eJr201 013£0091 gF DOC # 2009-0625860 12/04/2009 08:00A Fae:NC Page 1 of 13 RECORDING REQUESTED BY Recorded in Official Records County of Riverside Stewart Title --Z�V,tiw q Larry W. Ward Assessor, County Clerk & Recorder II Attn: N Oam sThompsonTURNTO: II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIAII City Clerk CITY OF PALM SPRINGS -- -- 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 S R U PAGE I SIZE DA MISC LONG RFD I COPY Exempt from recording charges under Government Code§6103 M A L 1 465 1 426 1 PCOR NCOR SMF 05 NC C �(EXAM 12.xxx\0509\001PG\COjw T CTY UNI U� 1 PROJECT: 1110 — Indian Avenue Interchange PARCEL: CI-19 APN: 666-330-059 Ali 6Y(. ITO y TEMPORARY CONSTRUCTION EASEMENT DEED r tv FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INUTAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP ("Grantor' herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Numbers 666-330-059, referenced as Parcel CI-19 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately one thousand seventy-seven (1,077) square feet referenced as Parcel CI-19 and described on Exhibits "A" and "B" attached hereto and made a part hereof ("Easement Area"). 2. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted terminate on the earlier of: i) twenty four (24) months from the thirty (30) day written notice, or ii) until completion of said project, or iii) four (4) years from the effective date of this Deed, at which time this Deed shall be deemed null and void. 1 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651Sii 1 3. 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 Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee 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 City's Work) the Premises will remain accessible for Grantor's ingress and egress. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6 Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 7. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 8. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows.- If to Grantor: 1995 1-10 INDIAN AVENUE PARTNERS, L.P. c/o Ocean View Partners 3787 East 11 th Street Long Beach, CA 90804 Attention: Howard Chapman Phone Number: (562)434-9988 With a Copy To: Anthony Ciasulli, Esq, Morgan, Lewis & Bockius, LLP 300 South Grand Avenue, 22"d Floor Los Angeles, CA 90071-3132 Phone Number. (213) 612-1324 Fax: (213) 612-2501 E-mail address: aciasulli@morganlewis.com If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: Craig Olsen Real Property Agent Phone Number: (951) 955-4840 Fax: (951) 955-4837 E-mail address. CAOIsen@rivcoeda.org 2 ROW 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. G51;{ll I With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax- (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mall, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated 0&�pef- t,;r goo % , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13, If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 3 ROW: 1-10 and Indian Interchange 1995 1.10 Indian Avenue Partners, L.P, 6519,31 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. Dated: C9 c�c,, /Y G / GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENER LPARTNER BY. Howard p)Ran, Managing Member CITY OF PALM SPRINGS, a municipal corporation By: David H. Ready, City Manager ATTEST: By: James Thompson, City Clerk APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART By. Douglas C. Holland, Esq., City Attorney 4 ROW 1-10 and Indian Interchange 19951-10 Indian Avenue Partners, L P. 65I S33 1 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. Dated. C9 GRANTOR: 1995 1-10 INDIAN AVENUE. PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY. OCEAN VIEW PARTNERS, GENERALPARTN BY: ZM Ho an, Managing Member CITY OF PALM SPRINGS, a municipal corporation By: APPROVED BY CITY COUNC1 David H. Ready, ager �r Q.t4, aa3� �0•,6.08 _I ATTEST: By. .t'ames Thompson, City Clerk APPROVED AS TO FORM: WOODRU KAOLIN & SMART By ; Douglas . Holland, Esq., City Attorney 4 ROW, I-10 and Indian Interchange 19951-10 Indian Avenue Partners, L.P, 651933.1 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF kj On OP). Q,J00'/ before me,- .J L7 IZ bJ1l Notary Public, personally appeared — H o w A R D B. 0. i}t l P/Ul ig&Z who proved to me on the basis of satisfactory evidence to be the person(whose name(sl Wad subscribed to the within instrument and acknowledged to me that he/slye/tb6y executed the same in his/hg(r/tbcir authorized capacity(ie4, and that by his/holr/tl}6ir signature(f on the instrument the personN, 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 of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: 0 7 - 3-,70 I This area for official notarial seal J.BURTCN Commission#15MM Natm Public-Coulonds Los AWNS CON* Cam, sJW13 2C12 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651633 1 Exhibit "A" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. ROW- 1-10 and Indian Interchange 1995 1.10 Indian Avenue Partners, L.P 6518331 ASSESSOR'S PARCEL NO 666-330-059 Exhibit "A" PARCEL Cl-19 A temporary easement for construction purposes in and to that portion of Parcel 5 of Parcel Map 2192.1 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows; BEGINNING at the Southeast corner of said Parcel 5; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 25.645 meters; thence (2) leaving said Northeasterly Right-of-Way line N.13650'52"E., 2.400 meters; thence (3) N.76908'20"W , 15,122 meters; thence (4) N.13°50'52"E., 1.500 meters; thence (5) 5.76006'20"E., 15.135 meters; thence (6) 8.31°09'12"E., 1.273 meters; thence (7) S.76°08'20"E., 24.732 meters to a point in the Southeasterly line of said Parcel 5; thence (8) along said Southeasterly line S.13051'40"W„ 3.000 meters to the POINT" OF BEGINNING. The above-described easement is temporary and shall expire on the last day of the 24th month following the giving of notice, ar four (4) years frm the effective date of this agreement, or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Page 1 of 2 The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Lone e. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Area = 100.035 9q. meters, 0.0100 hectares �p LANd SO Z-1. Os- o �c�S�QFLA. HgF�G�f Michael A. Havener, PLS 7354 Date j g Exp. 12-31-09 ap.1fl31loq No.7354 `Q 9�F0F CAL����r Page 2 of 2 Exhibit"B" DEPICTION OF THE EASEMENT AREA ROW, 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 65I S33 I ��r, E X � i B I T B CS MAP �04-483) (� APN 666-330-059 CI; CI-19 P.O.B. e S.E. COR. 13 PAR. 5 n 1pT PER PM 162/ig M L07 ° 23J y f' DER PM i621 1 8_23UE �y RETAIL "A° NOT TO SCALE PAn J FAT ---i J i AR, it APN 666-330-059 TABULATED UNE DATA LINE I BEARING LENGTH Lt N 76'08'20' W 25,645 m L2 N 13'50'52' E 2.400 m 1-3 N 76'08'20" W 15.122 m L4 N 13'50'52' E 1.500 m L5 S 76'06'20" E 15.135 m E7 SEE DETAIL Wax> L6 5 31'09'12" E 1.273 m L7 S 70'08'20" E 24.732 m �^ R/W DER �LS 5 13'S1'40" W 3.000 m 162/18`23 M COT Fry p l n � CI^79 PM162 18,288 m `-�(� 10P PER p PER 6K 29 Rlly 162/18- � REC. AUG•.�6 �957 aGR9 � � - t 23 LAND�q��L�� LEGEND TEMPORARY CONSTRUCTION EASEMENT (TCE) ExP. 31 DEC D9 AREA = 1010 SO, METERS (0.0100 HECTARES) s P.O.B. POINT OF BEGINNING or CAL FO�� CI CITY OF PALM SPRINGS PAR. NO, DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR, NO. : CI-19 OTHERVASE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY, KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. I-10/1NDIAN AVENUE INTERCHANGE SCALE; NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE. 3-27-09 SHEET 1 OF 1 SHEET OF PALM Sp =='N City of Palm Springs Office of the City Clerk CpF`vpRAiip`9, * 3200 F,T2hquirz Ctlyot] Way ' ?ad l Spnn,,s, CahforN6 92262 Cq<!Fp@NOP Tcl: (760) 12,-8204 • F•re (760) i27-9332 ' Web: www.p1Ir115princ;y-c% Gov A5879 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described. Land described in Exhibit "A" APN: 666-330-059 dated: October 12, 2009, from, 1995 1-10 Indian Avenue Partners, L.P., a California Partnership 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 28th day of October, 2009, 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 28th day of October, 2009. AMES THOMPSON City Clerk Post Office Box 2743 0 Palm Springs, California 9226'-2743 PENALTY OF PELTUR'Y FOR NOTARY SEAL GOVERiRSENT CO➢E 27C61.7 I terrify under the penal Cy of perjury thaC the Notary Seal ❑❑ the document to which this sratemea•t is attached reads as follo,as: NAME OF NOTARY ➢ATE CombiISSlON ETPIRES JJ� �v�✓�' '� '1 /,Sf/U'1 ��'��-'O PLACE OF EX.CUTION 7J DATE: /2 --3--- 0 7 _ ,44 (Signature) NORM BURDICK, V.P. STEWART TITLE OF CALIFORNTA, INC� ,r Inland Empire DiyisiOR, a Ca. corP. (Firm name—iE any) DOG # 2009-0625859 1 12/04/2009 08:00l; Pee:NC Pagc 1 of a Recorded inoffficial fzccords county RECORDING REQUESTED BY Larry W. Ward Stewart Title Allw-sde. As5,ssor, County cicrk & Recorder WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII Attn- James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way S ZRU PAGE S¢e CA MiSC LONG RFo COPY Palm Springs, CA 92262ExnM ML 4G5 42G PCCR NCOR SMF NCIi 12.375\120408\001PG\COjw Ot T. CTY UNI �- d Exempt from recording changes under Government Code§6103 O QUITCLAIM DEED 029 � N A N: 666-330-059 and 666-330-060 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922 THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereby REMISES, RELEASES AND QUITCLAIMS to. CITY OF PALM SPRINGS, a municipal corporation, the following property in the County of Riverside, State of California, described as: See Exhibit "A" and "B" attached hereto and made a part hereof TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. 651533 1 SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: � � ` i � �" GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENERAL45 TNER� BY: / _' — e- � Ho. and Clkphan, Managing Member ACKNOWLEDGEMENT STATE OF CALIFORNIA ) C'510" I QUITCLAIM Exhibit W (Adjoining APN'S 666-330-059, & 666-330-060) Lot"G"and that portion of Lot"F" dedicated for public street purposes per Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California,,.as shown by map on file in Book 162 Pages 16-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the Northwest corner of said Lot "F'-, thence along the Northeasterly line of said Lot and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured of right angles from centerline) S.76008'20"Ew , 27.756 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Northeasterly line S.13050'52"W., 0.457 meters to a point on the Southwesterly line of said Lot"F" (12.954 meters Northeasterly, as measured at right angles from centerline); thence (2) along said Southwesterly line and continuing along the Southwesterly line of said Lot"G" N.76'08'20'VV., 137,513 meters to the Southwest comer of said Lot"G", thence (3) along the Westerly line of said Lot "G" N.13051'40"E., 0,457 meters to the Northwest corner of said Lot "G" and a point in said Northeasterly Right-of-Way line; thence (4) along said Northeasterly Right-of-Way line and the Northeasterly line of Lot "G" and continuing along the Northeasterly fine of Lot "F" S.76008'20"E., 137.513 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1963, Zone S. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 Area W 62.843 sq. meters, 0.0063 hectares ��GANp sU c-U-c.�.✓l �l - OZ�D '`�' ��.1vsva9 Michael A. Havener, PLS 7354 Date Exp. 12-31-09 N� lF pF CAG�F�� Page 2 of 2 EXHIBIT 9pB j` w 66G-330-060 `a v P !, ,. r 1'1� =0 666-330-059 LOT x S 76-08*2ph E n N.W000R. 10 G PER PM1621.18 7�0&2 p LOT 'F' r H` PER $�6f 87 23 W R/w PER PM 2 A pp 7375r3 Jn PMB 162/18-23 AR/Vg-r �37 T.P.D,B, 593 m r -'27756 got d r J J'1 s�0, "1 5 � � � � ��—�U�� �' PIER FM@ t62�18_ m� - Sam, _ 8�r' -175 auc 2729 G�39S7 re9 R c 7 N 4 22 r 31 El) r) fI 2- LAND SG LEGEND .PIc QUITCLAIM AREA EXP, 31 DEC 09 AREA = 62.8 SQ. METERS (0,0063 HECTARES) s Q. 19 No. P.O.C. POINT OF COMMENCEMENT F 0E CAU1F0 T,P.O.B. TRUE POINT OF BEGINNING DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS FAR. NO, ; OTHERWISE NOTED, MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U,S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, OAT-: 4-1-09 BHEET 1 OF 1 SHEET 57A7� o� CA,L=F-o4V-T--A COUNTY OF I-05 AAiGEL�s ) ss. On �L' � before me, -�J- �U �TCJ Notary Public, personally app a0 rc ed��' [3, _ yl y(r� who proved to me on the basis of satisfactory evidench to be the personVwhose name(} is/are subscribed to the within instrument and acknowledged to me that he/sveltb6y executed the same in his/126r/tkir authorized c2pacity(iq6), and that by his/hgr/lfeir signature($') on the instrument the person($), or the entity upon behalf of which the person(K 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 Wgand ai d official seal. Signature My Commission Expires: This area for official notarial seal q1F �. VION mow"r 1I1w 1 NNW�C w11113121 of PALM sp - c City ®f Palm Springs F* Office of the Ciry Clerk 3200 E.lahgmr7 Canyon Way • Pahn Springs, California 92262 Cg41f7c) �P Tcl: (760) 323.8204 • bye: (76O) 322-8332 ' We6. www.p:lmSprin,gs-ca.gov A5879 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by QUITCLAIM DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-330-059 and 666-330-060 dated: October 12, 2009, from, 1995 1-10 Indian Avenue Partners, L.P., a California Partnership 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 28th day of October, 2009, 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 28th day of October, 2009. AMES THOMP5ON City Clerk Post Office Box 2743 1 Palm Springs, California 92263-2743 PENALTY OF PEP.TCRY FOR NOTARY SEAT, GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that the Notary Seal an the document zo which chin scatemeot is attached reads as follows: NAME OF NOTARY \ _ . J v(� DATE CO243ZSSION E%Y IRE 0/t, l PLACE OF E%ECETION DATE: CSi.gnatura) NORM $MICK, V.P. 5 EWART TITLE OF CALIFORNIA_ INC. , Inland Empire Division, a Ca. corp- (Fim name—if any) DOC # 2009-0625858 12/04/2009 08:00R Fee-NC Page 1 of 7 RECORDING RE$IUEST�D BY Recorded in Official Records Stewart Title County of Riverside Larry W, Ward Cler WHEN RECORDED RETURN TO: I Assessor, Irll County tl III I IIII III II II I I III Attn: James Thompson I III I City Clerk --- -- -- --- — CITY OF PALM SPRINGS S R U PAGE SIZE I OA I MISC I LONG RFC I COPY 3200 E Tahqultz Canyon Way Palm Springs, CA 92262 M A L 465 426 1 PCOR NOOR SMF aNCW �7�xnM 12.375\120408\001PG\COjw T: CTY UNI Exempt from recording changes under Government Code §5103 U SLOPE EASEMENT DEED A Ns: 666-330-059 NThis transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, a perpetual slope easement over, under, including, but not limited to, maintenance, construction, operation, reconstruction, including ingress and egress for the real property in the County of Riverside, State of California, described as: See Exhibit "A" and "B" attached hereto and made a part hereof TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. 651 Y3) 1 SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. �c ---J' 2°p-� Date. '� GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENERA PARTNER Howard Chapfnaging Member ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. 651533 I ASSESSOR'S PARCEL NO. 666-330-059 Exhibit "A" PARCEL CI-2 For Slope Easement purposes, that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map an file in Book 152 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the Southwest corner of said Parcel 5; thence along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) S.76008'20"E., 27.756 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southwesterly line and said Northeasterly Right-of-Way fine NA3°50'52"E.,2.400 meters; thence (2) S.76008'20"E., 15.122 meters; thence (3) S.13060'52"W_, 2.400 meters to a point on said Northeasterly Right-of- Way line;thence (4) along said Northeasterly Right-ef-Way line N.7690820"W., 15.122 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 36.293 sq. meters, 0,0036 hectares A. X �/�n/Ltru✓l �! ✓`r+ _.17- 0 2-G`( No.7364 Michae�er, PLS 7354 pate Exp. 12-31-09 CA C� Page 1 of 1 JJIJTZ� ) �_ ��T �� E X Y I r B I T g9 B A7 tJJ �r (CS MAP 204-483) CL) F A.R 1 05 P.O.C. APN 666-330-059 S.W. COR. D- PAR 5 ` N CI-2 � A LOT •G" P ��\ 3 ti - PM 1E2/76-23 - T.P.O.B. COT PM 162 18_23 Er I$ 7- !1 E -PA A' J PAR, 5 �-' n NOT T�AA E APN 666-330-059 PAR, 4 TABULATED LINE DATA LINE BEARING LENGTH SEE DETAIL "A" L1 S 76'OB'20" E 27.756 m L2 N 13-50'52' E 2400 m F L3 S 76'08'20' E 15.122 m i L4 S 13'50'52' W 2400 m o js w pEl? Pv \ L5 N 76'08'20" W 15.122 m I 2/1843 E \\ `L07- °G p CI-2 � PZR BK 162/18�23� REc AOC 629, p. a 09 N 0 LAND S- LEGEND 79$ R A. Hq Fyfio SLOPE EASEMENT AREA = 36.3 SO. METERS (0.0036 HECTARES) EXP- 31 DEC 09 P.O.C. POINT OF COMMENCEMENT -k T.P.O.B. TRUE POINT OF BEGINNING sT9jE o 7A�`FOE``�\� CI CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS C{n' OF PALM SPRINGS PAR. NO, CI-2 OTHERWISE NOTEO. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY, KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT_ I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 SHEET I OF 1 SHEET r jTi�r-r OF C (1 �� ra�ltl74) COUNTY OF 4mj /Ai0q.e&jQ ) On before me, 8 I,(J T-PAI Notary Public, personally appeared — Ha i )A 1: �i. �� ffl�f?/tA ��Al who proved to me on the basis of satisfactory evidence to be the person( ' whose namgw is/pelssubscribed to the within instrument and acknowledged to me that he/sWfty- executed the same in histhe-r7tteir authorized capacityCie< and that by his/Wr/tbe�r signaturefWon the instrument the person(s), 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 of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Z-�I I L= — Signature My Commission Expires! 0-7-13 'c1OI This area for official notarial seal - - - - - - - - - - - - - - - - - - - J.BURTON Caawahubli M 16063 60 xiury Public-California Lai MINIM Cauaty 0 R Ceram.DgrasJu113 2012 GSIYI:I I of PALM � ( S10��Z u - ) City of Palm Springs ry " Office of the City Clerk 3200 E.Tahqui¢Canyon Way • Palm Springs, Cildornm 92262 C-1Z ro N\P Tel: (76O) 323-6204 • raz (760) 322-5332 • Wcb www.palmsprings-ca.gov A5879 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by SLOPE EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-330-059 dated: October 12, 2009, from, 1995 1-10 Indian Avenue Partners, L.P., a California Partnership 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 28th day of October, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20265 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 28th day of October, 2009. AMES THOMPSON City Clerk Post Office Box 2743 0 Pa(m SIDMI-S, California 92263-2743 PENPL= OF PEP- DRY FOR NOTARY SEAL GOVERT-ZNT CODE 27361,7 I certify under the penalty of perjury chat the Notary Seal an the document to which this sratemenr is attached reads as follows: '1 NAME OF NOTARY /n 'PATE C6Y.�ISSION EEpIRES iJJ(/ ZUI✓�-- '/� /SS/ OD6o .� PLACE OF E:EC'CTION 9,J i 1)ATE: (Signature) NORM BURDIct, V.P. S'TYWART TITLE OF CALIFORNIA, INC_ , Inland Empire Division, a Ca. carp. (Firm name-if auy) Doc # 2009-0525857 12/04/2 P09ee08'00RI of1Fee:NC RECORDING REQUEST D BY Recorded in official Records Country of Riverside Stewart Title —fiw&-51de Larry W. Ward WHEN RECORDED RETURN TO: Rssesscll�IIIIII IIIIII I�II�I�II�IIIl 1IIII IIIIIIII Attn: James Thompson III�III^IIII� - City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way S R U PAGE SIZE DA MISC LONG RFD COPY Palm Springs, CA 92262 M A L 465 426 PCOR,INC,qSMF fNCH6 E% M T CTY UNI Exempt from recording changes under Government Code§6103 GRANT DEED 7A f hF APN: 666-330-059, 666330-060, 666-33D-068, 666-330-069 7 q iThis transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. ' N THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereinafter called "Grantor' hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said 651 SM'.1 highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record- Date.. �� � � �'— �� GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENERAL-P RTNER BY: oward 1 kapn n, Managing Member G51Nli I ASSESSOR'S PARCEL NO.'S 666-330-059, 666-330-060, Exhibit"A" 666-330-068, & 666-330-069 PARCEL 21502-1 For State Highway purposes, that portion of Parcels 5 and 6 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 6; thence (1) along the Northerly line of said Parcels 5 and 6, and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10. on file in the Riverside County Surveyor's office as filed map number 204-483, 5.84644'56"E„ 98A 95 meters to the beginning of a tangent 595.580 meter radius curve to the right; thence (2) continuing along said Northerly line of Parcel 5, and said Right-of-Way line, along said curve,through a central angle of 5°41'36", an arc length of 59.181 meters; thence (3) leaving said Northerly line and said Right- of-way line from a tangent which bears N.71°40'42"E., Southwesterly along a 57,000 meter radius curve to the left, through a central angle of 78035'42", an arc length of 78.189 meters; thence (4) 5.06°55'00"E., 59.169 meters; thence (5) 5.69050'09"E., 31.579 meters, thence (6) 5.13050'52"W., 7,966 meters to a point in the Southwesterly line of said Parcel 5, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13 411 meters Northeasterly, as measured at right angles from centerline) S 76008'20" E, 27.756 meters from the Southwest corner of said Parcel 5; thence (7) along said Southwesterly line Page 1 of 3 of said Parcels 5 and 6, and said Northeasterly Right-of-Way line N.7600820"W., 137.513 meters to the Southwest comer of said Parcel 6; thence (8) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 6 N.13051'40"E., 6,064 meters to an angle point therein; thence (9) N. 09°56'51" W 0.242 meters; thence (10) leaving said Westerly line S.76009'08"E., 28.860 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (11) along said curve, through a central angle of 115019'56", an arc length of 30.194 meters; thence (12) N.11°29'04"W„ 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (13) along said curve, through a central angle of 73012'33", an arc length of 80.498 meters to a point in the Westerly line of said Parcel 6; thence (14) along said Westerly line N.09'56'51"W., 17.638 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Area = 10,598 sq, meters, 1.0598 hectares PARCEL 21502.01-01 Together with that portion of said Parcel 6, more particularly described as follows; BEGINNING at the Northwest corner of said Parcel 6; thence along the Westerly line of said Parcel S.0915651"E., 17.638 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Westerly line S.09056'51"E., 100.725 meters; thence (2) leaving said Westerly line S.76009'08"E., 28.860 Page 2 of 3 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (3) along said curve, through a central angle of 115'19'56", an arc length of 30.194 meters; thence (4) N,11029'04"W., 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (5) along said curve, through a central angle of 73012'33", an arc length of 80 498 meters io the TRUE POINT OF BEGINNING. Area = 4,337 sq. meters, 0.4337 hectares The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3133711200, l/V IiWil-a.. I J"('F7J�'}--ram'+-"i 47'-/S"o9 ��LANC7 SUS Michael A. Havener, PLS 7354 Datey��FyGFo Exp. 12-31-09 �y v, No.7354 e Z 9rFOF CAL�F�¢ Page 3 of 3 EXHIBIT " B " rE"DI' LINE 11\1 RS rA 1 Y r 10 (CS MAP 204-483) APPROXIMATE LOCATION OF W LINE AS SHOWN ON ASSESSOR PREVIOUS CALTRANS R do ACCESS CONTROL / SHEET 666-33 215tl2-1 666-330-069 cc �T '.1/1 162/ -18-2=; PArR, J n/� L PAR,R, F p 11�1 / � 666 33D O68 r PAR, 5 REMNANT666--330— 060 666-3 03 0 9s�502-01-01 NEW J , CALTRAN5 � (J R/W k — ACCESS CONTROL LEGEND STATE RIGHT-OF-WAY ACQUISITION AREA = 10,598 SQ_ METERS (1.0598 HECTARES) �AN 1- ��- I--� Q - - -�- tu H L'f'L I l i T ACCESS PROHIBITED A y��p�- yr �t^P PRE14CUS ACCESS CONTROL P.O.B. POINT OF BEGINNING EXP. 31 DEC 09 {= Yt T.P.O.B. TRUE POINT OF BEGINNING �f Ma, 735k R/W RIGHT—OF—WAY F OF CAL'- :v DISTANCES ARE IN METERS UNLESS C{� �F ��� 5� � GS PAR. NO.! 21502-1 k 21 5 0 2-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1--10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE;4-15-09 SHEET 1 OF 3 SHEETS I PAR_ 6 (CS MAP 204-483) 1/ Ig wll��, S 84'44'56" 21502-1 E 98.195 m III, Ill/o rT,P.O.B, REMNANT PREVIOUS CALTRANS R/W Cl z Ilz \ r PARCEL & ACCESS CONTROL � 20.670 m �I NEW CALTRANS R/W � C4 I+ & ACCESS CONTROL Z 666-330-069 P.(1��, 1�91�1F'�r�34 of Z a I c V�v 666-330-068 I� APPRO%IMATES' CL, LOCATION OF PAR, O y UNE AS SHOWN 666-330-060 ON ASSESSOR E 65- SHEET 666-33 78'30'56�r 4 PAR f N 1 REMNANT J-� S 83D50D" W (R) 21 5 02-01-01 lr \- �7 AREA = 4337 SQ. METERS (0.4357 HECTARES) rn 1^, w crn m cf+ 566p r-330-059 SHEET T 3SEE DETAIL 'B4 /1� N 783pJ56�cR) �� 3 m P 'r 11 1 1q _! NEW CALTRANS R/W / & ACCESS CONTROL i S28ti9orf 1 `1 0 8sp rn l I SEE DETAIL 'A" 1 R/W PER PM g SHEET .3 CJ• 182/18-23 y n I N H" P R P4y 1��1g�230, W 709,757 N 20"ot?" , �, Lq �h m pp? BK 212g PR/W 1-1L07 •p. PER I pM 1 0762 `, 36 y h REC. AUG 6 19$j O 23nLpr PER P �162 o VAR ET g8U3! C h NOTE: FOR TABULATED UNE AND CURVE DATA SEE SHEET 3. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRING PAR. N0. 21502-1 & 21 5 02-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY, KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. OATE:4--15-09 FHEET 2 OF 3 SHEE,5 TABULATED CURVE DATA TABULATED LINE DATA CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH .1 C1 5'41'36" 595.580 m 5981 m 1-1 N 9.56'51" W 1 17.638 m C2 78.35'42" 57.000 m 78.189 m 1-2 N 9'56'51" W 1100.725 m C3 11519'56" 15.000 m 30.194 m 1-3 S 69'50'09" E 31.579 m C4- 013'25' 595.560 m 2.326 m L4 S 69'5Tor E 31.475 m C5 73-12'33" 63.000 m 80.498 m 15 5 06'55'00" E 59.169 m L6 N t3'51'4D" E 6.190 m 1 REMNANT r 21502-•O7—Ot .86 Np . � N o p L N a r kr 1� J a �. $ ro n r Co. PAR, , r� 0.346 m $° v r r1 J � ,mac � 21502-1 N 6g3�'91w L4 v �3 .a 1375j3� `x LOT •LOr 'H"NpF plj Iy G PER P t 2/7"', 23 NOT TO SCALE (7 AIFT L °B• LPROJECT: NOT TO SCALE DISTANCES ARE IN METERS UNLESSCITYOF P�I� SPRINGS PAR NO•:11502•-1 k 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES 13Y 1,OD002594 TO OBTAIN GROUND PREPARLJ 9Y: KA/LIH LEVEL DISTANCES. TO CONVERT METERS -10/INDIAN AVENUE INTERCHANGE SCALE- NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. oATE:A-1`r09 EE7 3 OF 3 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) f ) ss. COUNTY OF C'� ) On 00' p('�w /dfdno4 , before me, --JJ64k w Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(;) whose name( is/ar,6 subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/h4r/tFkir authorized capacity(i,�'s), and that by his/her/tVeir signaturev) on the instrument the person, or the entity upon behalf of which the personO 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 mmyhand and official seal. Signature My Commission Expires: This area for official notarial seal 16UNTON commissloo 01/06310 Notary PuMe-Cd0ornll Los Anplss County Lou%Corren.Fa rss Jut 13.2012 651933 1 PALM Sp City ®f Palm Springs V � v Office of the City Clerk °ronm ° 3200 t;. Taliquirc Canyon Wav - Palm Spnn{s, California 92262 CAS Fp �P Tel. (760) 2,-.8204 • rw (760) 322-8312 • Wvh wwwpalmsprmgs-ra gnv A5879 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEE❑ Real property in the City of Palm Springs, County of Riverside, State of California, as described- Land described in Exhibit "A" APN: 666-330-059, 666-330-060, 666-330-068, and 666-330-069 dated: October 12, 2009, from, 1995 1-10 Indian Avenue Partners, L.P., a California Partnership 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 28th day of October, 2009, 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 28th day of October, 2009. r AMES THOMPSON City Clerk Post Office Box 2743 0 Palm Sprin,-s, California 92263-2743 • PENALTY OF FEFLTM FOR NOTARY SEAL GOVERNMENT CODE 27361.7 I certify under the penalty of perjury tliat the Notary Seal op the document to which this statement is attached reads as follows: NAME OF NOTARZ f Jf% 7a DATE COL1tlS55SON EKI'XRE5 / J!/ PLACE OF E%ECIITION J L c DATE.: (Signature) NoRm Buptfck, V_p. 5T$WART TITLE OF CALIFORNIA,_ TNC. , Inland Empire division, a Ca, core. (Firm name—if any) 1 CITY OF PALM SPRINGS (Herein referred to as "City"), and 2 3 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP (Herein referred to as "Grantor") n PROJECT: 1-10 / Indian Ave Interchange 5 PARCEL. CI-19 APN: 666-330-059 6 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 8 1. The right is hereby granted City to enter upon and use the land of Grantor in the City of Palm Springs, County of Riverside, State of California, described as a portion of 9 Assessor's Parcel Number 666-330-059, depicted on the plat map attached hereto ("Premises"), and made a part hereof, for all purposes necessary to facilitate and accomplish 10 the construction and installation of Indian Avenue and 1-10 interchange, 11 2. The temporary construction easement, used during construction of the project consists of approximately one thousand seventy-seven (1,077) square feet as designated on 12 the attached legal description, referenced as Exhibit "A", and plat map, referenced as Exhibit "B" ("Easement Area"). 13 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights 1fl herein granted. The rights herein granted terminate on the earlier of: i) twenty four (24) months from the thirty (30) day written notice, or ii) until completion of said project, or iii) four (4) years 15 from the effective date of this agreement, at which time this agreement shall be deemed null and void. 16 4. The rights granted herein include the right to enter upon and to pass and repass 17 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 18 persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. City agrees not to damage 19 Grantor's property in the process of performing such activities. At all times during the term of this agreement (and during City's Work) the Premises will remain accessible for Grantor's 20 ingress and egress. 21 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 22 be graded and left in a neat condition. 23 6. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 24 7. Grantor hereby warrants that they are the owners of the property described 25 above and that they have the right to grant City permission to enter upon and use the land. 1 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 6s i Sil I I 8. This agreement, together with the recorded Temporary Construction Easement 2 Deed ("Deed"), is the result of negotiations between the parties hereto. This agreement and the Deed are intended by the parties as a final expression of their understanding with respect to s the matters herein and therein and is a complete and exclusive statement of the terms and conditions thereof, 4 9. This agreement shall not be changed, modified, or amended except upon the s written consent of the parties hereto. 6 10. This agreement and the Deed supersede any and all other prior agreements or understandings, oral or written, in connection therewith. 7 11. Grantor, their assigns and successors in interest, shall be bound by all the terms 8 and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. 9 12. City agrees to pay Grantor for the right to enter upon and use Grantor's land in 10 accordance with the terms hereof. 11 13. City shall pay to the order of Grantor the sum of One Thousand Four Hundred Dollars ($1,400) for the right to enter upon and use Grantor's land 1n accordance with the terms 12 hereof. Payment shall be made on the Close of Escrow date by and through the escrow as set forth in the Purchase and Sale Agreement entered into by and between the parties hereto of 13 even date herewith. 14 Dated: ! 2009 is 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP 16 BY: OCEAN VIEW PARTNERS, LLC, 17 GENERPL PARTNER 1s BY: l� owalll�chapm n, Managing M-e'mber 7.9 \ CITY OF PALM SPRINGS, a municipal corporation 20 21 By-z-:z David H. Ready, ger 22 ATTEST: APPRO S TO FOR - yf� -24 mes Thompson, City Clerk Dougl s C. Holland, City Attorney 25 APPIMEC 6Y CI1Y COUNCIL ROW: I-10 and Indian Interchange 1995 1.10 Indian Avenue Partners, L.P 651833 1 ASSESSOR'S PARCEL NO 666-330-059 Exhibit "A" PARCEL C1 19 A temporary easement for construction purposes in and to that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 5; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) N.76008'20"W., 25.645 meters; thence (2) leaving said Northeasterly Right-of-Way line N.13050'52"E , 2.400 meters; thence (3) N.76c08'20"W , 15.122 meters; thence (4) N.13050'52"E., 1.500 meters; thence (5) 5.76008'20"E., 15.135 meters; thence(6) 5.31°09'12"E., 1.273 meters; thence (7) S16°0820"E., 24.732 meters to a point in the Southeasterly line of said Parcel 5; thence (a) along said Southeasterly line 5.13051'40"W., 3.000 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on the last day of t1m 24th rmnth foiick fig the giving of notice, or four (4) years from the effective date of this agneient, or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Page t of 2 The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200 Area = 100,035 sq. meters, 0,0100 hectares LANO S(i LI- y-4 D9 ^�.?��pF.UA, Michael A. Havener, PLS 7354 Date g p Exp. 12-31-09 123t�oy 7364 OF CAO (� Page 2 of 2 EXHIBIT B (CS MAP 204-483 ��1f�1. APN 666-330-059 L(, S.E. COR. L3 PAR. 5 o L 0T F" PER pM � p�R pM 1621T8�2.? NLIE NOT TO SCALE PAT'i, J r1ri. if APN 666-330-059 TABULATED LINE DATA LINE BEARING LENGTH L1 N 76'08'20" W 25,645 m L2 N 13'50'52" E 2.400 m 13 N 76'08'20" W 15.122 m L4 N 13'50'52' E 1.500 m L5 S 76'08'20" E 15.735 m iF SEE DETAIL qAozm> L6 S 31'0992" E 1.273 m L7 S 7c08'20" E 24.732 m "/N✓p p L$ 5 13'51'40" W 3.000 m as 162/1a M-23 \\ LOT u CI-19 c�R �r Pk 162 7B-23 a � LOT � a PER aX"' (60) R/ly �� PAR pM 762/78 0 / REC. AUG262979$7 R9 _ �/ F�ypv4 ANDygUR�F� LEGEND fF TEMPORARY CONSTRUCTION EASEMENT (TCE) ExP. 31 DEC O9 AREA = 100.0 S4. METERS (0,0100 HECTARES) 7 P.0_B. POINT OF BEGINNING �qTe OA Cl CITY OF PALM SPRINGS PAR. NO, DISTANCES ARE IN METERS UNLESS CI pF PALE1i9 SPRINGS PAR. NO. : CI-19 OTHERWISE NOTED. MULTIPLY DISTANCES PAR- NO,o aY KA BY 1.00002594 TO OBTAIN GROUND /MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE. NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES SY 3937/1200. DATE: 3-27-09 SHEET 1 OF 1 SHEET '�^ �p� ''. Stewart Title of California, Inc �s`e V art 3070 Main Street, Suite 250 title of callfornia, inc- Irvine,CA 92614 (949)476-0777 Phone (714)242-9886 Fax To Stewart Title of California.,Inc. Date November 11,2009 Escrow Officer Grace Kim Escrow Number 261881 Property Address APN.666-330-059. 060. 068,069 Palm Springs,California CONTRACT AGREEMENT ESCROW INSTRUCTIONS STEWART TITLE OF CALIrORNIA,INC. IS LICENSED BY THE STATE OF CALIFORNIA UNDER TIIE DEPARTMENT OF INSURANCE LICENSE NO.388 In accordance with the provisions of that certain " Agreement for Acquisition of Real Property and Escrow Instructions" (hereinafter referred to as the Agreement) dated October 12, 2009 by and betweenl995 I-10 Indian Avenue Partners, L.P., a California Partnership, as Seller(s) and the City of Palm Springs, a municipal corporation, as Buyer and Escrow Holder aclmowledges receipt of a fully executed copy of said Agreement and agrees to act as Escrow Holder as described in Section 2.1 of the Agreement and subject to the terms of Escrow Holder's General Provisions. Each party signing these instructions has read. understands, and accepts the General Provisions attached hereto as Exhibit"I". Seller(s): 1995 i-10 Indian Avenue Partners, L-P-. a California Partnership By: Ocean View Partners, LLC, Its: General Partner By: _ APPROVED BY CITY COUNCIL Name: Howard Chapman Its: Managing Members aa�65 toad U� l 6 �40 Buyer(s): PPROVED AS TO RM City of Palm Springs,a municipal corporation - v By: _ -a2 Namc: David H.Ready ltr Cit) Manager Page I oC 7 EXHMIT I GENERAL PROVXSXONS I. DEPOSIT Or FUNDS,OPPORTUNITY TO EARN INTEREST AND PROBATIONS All funds received in this escrow shall be deposited with other escrow funds into one or more non-interest bearing escrow accounts at a financial institution selected by Escrow Agent. Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited are not available for immediate withdrawal as a matter of right pursuant to California Insurance Code Section 12413.1 et. seq. Funds deposited in the financial institution are insured only to the limit provided by the Federal Deposit Insurance Corporation. Escrow Holder shall not be held responsible for loss of any amount over the FDIC insured limit due to bank failure or 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 regards to placement of wires. You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender) If you elect to earn interest, there is an additional fee in the amount of$50.00 For establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Should you not elect to earn interest on your deposit, your funds will be deposited in our General Escrow Account at a financial institution insured by the FDIC. This is a non-interest bearing account; however, Stewart Title of California; Inc, may receive certain financial benefits from that financial institution because of the General Escrow Account and its on-30ina banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc. and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Stewart Title of California. Inc- Any such benefits shall be deemed additional compensation of Stewart Title of California, Inc. for its services in connection with the escrow. All proration and/or adjustments called for in this escrow shail be made on the basis of a 30 day month or 360 day year, unless othenvlse instructed in writing. Proration of real property taxes including supplemental real property taxes,will be made on the basis ofthe latest available figures provided to Escrow Holder. The phrase close of escrow(COE)as used herein means the date on which instruments/documents are recorded. Disbursements from this escrow will be made by check OF Escrow Holder. Unless otherwise instructed in writing,cheeps will be issued jointly to the parties designated as payees. Signatures (including initials) of principals or their duly authorized agents on any documents/in5tmment and/or instruction pertaining to this escrow indicate approval of same. 2. SPECIAL RECORDINGS If a"SPECIAL RECORDING"is arranged and completed,meaning recording the documents called for in this escrow,at any time other than the standard recording time for title companies, then all parties hereto represent and warrant that during the period of time between the standard recording time and the time the documents are actually recorded pursuant to the "SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the title whether involuntary or voluntary,of any kind or nature will attach to or be recorded against the subject property,nor will the subject property be otherwise transferred or conveyed. All parties hereby expressly agree to indemnify and hold Escrow Holder harmless from all claims, losses or damages and attorney's fees resulting from any such additional liens,encumbrances,exceptions to title,transfers Or conveyances. ��.Allll ,m,ni.cam.,'AF­L,L�'tex 1&1 Page 2 of 3. AUTHORIZATION TO DELIVER If it is necessary, proper or convenient for the consummation of this escrow, Escrow Holder is authorized to deposit or have deposited funds or documents, or both, handed to Escrow Holder under these escrow instructions with any duly authorized sub-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title company,savings and loan association,or licensed escrow agent,at or before close of escrow in connection with closing- this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. d. AUTHORIZATION TO FURNISH COPIES Furnishing copies of any/all escrow instructions, amendments, supplements, preliminary reports, notices of cancellation and closing statements in this escrow to the real estate broker(s),lenders and/or attorney's representing principals to this escrow is authorized. Escrow holder shall not incur any liability to the parties for delivery of said copies_ 5. TIME AND WRITTEN NOTIFICATION Time is of the essence. In the event the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted, though not required, to complete the same at the earliest possible date thereafter. No notice, demand or change of instructions shall be of any effect to alter, amend, supplement, or vary the terms of these instructions unless given in writing and signed by all parties affected thereby. 6. CANCELLATION PROVISIONS Any principal instructing Escrow Holder to cancel escrow shall file notice of cancellation in Escrow Holder's office in writing and so state the reason for cancellation. Upon receipt of same, Escrow Holder shall prepare cancellation instructions for signatures of the principals and shall Forward same to the principals. Upon receipt of mutually agreeable cancellation instructions signed by all principals and after payment of Escrow Holder's cancellation charges, Escrow Holder is authorized to comply with such instructions and cancel the escrow. 7. ACTION IN INTERPLEADER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has the absolute right, at its election, to rile an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves;and Escrow Holder is authorized to deposit with the clerk of die court, all documents, instruments and funds held in escrow. In the event such action is filed, the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable attorney's fees it is required to expend or incur in such imerpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon Fling of such action, Escrow Holder is Thereupon fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. S. PERSONAL PROPERTY TAX Escrow Holder is not responsible for any personal property tax which may be assessed to any former owner of the property that is die subject of this escrow, nor for the corporation or license tax of any corporation as a former owner. No examination or insurance as to the amount of payment of personal taxes is required unless specifically requested. 9. LIMITATION ON DUTY TO INFORM It is agreed by the parties hereto,that so far as Escrow Holder's rights and liabilities are involved, the transaction is an escrow and not any other legal relation and Stewart Title of California, Inc. is an Escrow Holder only on the within expressed terms, and Escrow Holder shall have no responsibility for notifying any of the parties of this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of the profit realized by any person, firm or corporation (broker, agent and parties to this and/or other escrow included), in connection therewith, regardless of the fact that such vansaction(s)may be handled concurrently by Escrow Holder in this escrow or in another escrow. IU. LEGAL ADVICE The parties acknowledge and understand that Escrow Holder is not authorized to practice law,nor give Financial advice. The parties are hereby advised to seek legal and financial counsel and advice conceming the effect of these escrow instructions. The parties acknowledge that no representations are made by Escrow Holder about the legal sufficiency, legal consequences, financial effect or tax consequences of the within escrow,instructions. � ewiu, Nt"I.cam,>l Aanav um1.,m" Paec 3 of 7 11. DISCLOSURE OF CONDITIONS PRECEDENT The parties to this escrow, by execution thereof, acknowledge their duty to Escrow Holder of full disclosure of those matters,which shall effect the transfer of subject property and conditions of title(inclusive of real personal and intangible property,which matters may result in a lien against subject property). Disclosure shall include, but not limited to: water, stock, owners association or maintenance dues, contractual obligations not automatically terminated upon sale, notes, deeds of trust and vendors liens. 12. STATE/FEDERAL CODE NOTIFICATION According to Federal law,the Seller(s),when applicable,will be required to complete a 1099-S Worksheet that will be utilized to generate a 109P reporting statement to the Internal Revenue Service. You are released from and shall have no liability, obligations or responsibility with respect to (a)withholding of funds pursuant to Section 1445 of the Internal Revenue Cade of 1984, "Foreign Investors in Real Property Act"(FIRPTA), as amended (b) advising of requirements, (c)determining whether the seller is a Foreign person,under such Section,or(d) obtaining a non-foreign affidavit at other exemption from withholding under such Section nor otherwise making any inquiry concerning compliance with such Section by any party to this transaction. IN ACCORDANCE WITH SECTION 19662 AND 18668 OF THE REVENUE AND TAXATION CODE. A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF THE SALES PRICE IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST,BY EITHER; 1) A SELLER WHO IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCEEDS TO BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR 2) A CORPORATE SELLER THAT HAS NO PERMANENT PLACE OF BUSINESS 1N CALIFORNIA. FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO PENALTY EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500.00). 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 HUNDRL•DTHOUSANDDOLLARS (SI00,600.00),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, EXECUTES A WRITTEN CERTIFICATE UNDER THE PENALTY OF PERJURY,OF ANY OF THE FOLLOWING: A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT 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'f0 THE EXTENT OF THE AMOUNT OF GAIN NOT REQUIRED TO BE RECOGNIZED FOR CALIFORNIA INCOME TAX PURPOSES. C) THAT 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. D) THAT THE CALIFORNIA REAL PROPERTY TRANSACTION WILL RESULT IN A LOSS FOR CALIFORNIA INCOME TAX PURPOSES. THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITFII•IOLDING REQUIREMENT. Ll-- N-1-11-Ce .All.rc.,[tin um Peet d of 7 13, NO ACTIVITY If there is no written activity by a principal to this escrow within any sir-month period after the time limit date as set forth, in the escrow instructions or written extension thereof, Escrow Holder's obligation shall terminate at Escrow Holder's option. All documents, monies or other items deposited with Escrow Holder shall be resumed to the respective parties entitled thereto,less fees and charges herein provided. 1.1_ CAPTIONS AND COUNTERPARTS Captions in these escrow instructions are inserted for convenience of reference only and do not define, describe or limit the scope of the intent of these instructions or any of the terms hereof These instructions may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,and said counterparts together shall constitute one and the same instrument. 15, BINDING All terms of these escrow instructions shall be binding upon, inure to the benefit and be enforceable by the parties hereto and there respective legal representatives,successors and assigns. In the event any term,covenant,condition, provision or agreement herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement herein contained. tb. USURY Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released ofany liability or responsibility therefore. 17. CONFLICTING DEMANDS/INTERPLEADER No notice, demand or change of instructions shall be of any effect in this escrow unless given in writing by all parties affected thereby_ 1£conflicting demands are made in connection with this escrow,Escrow Holder shall have the absolute right to either withhold and slop all proceedings, or file suit in the intetpleader and obtain an order from the court requiring the parties to interplead their several claims and rights amongst themselves. IS. FACSIMILE AND ELECTRONIC MAIL All parties acknowledge that documents and instructions may be transmitted via facsimile(FAX)and/or electronic mail (e-mail). In the event the principals of this transaction,their agents, or assigns,utilize "facsimile (FAX)"transmitted instructions,Escrow Holder may rely and act upon such instructions in the same manner as if original signed instructions were in the possession of Escrow Holder. 19. DISCRETIONARY TERMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow relationship with the principals to the escrow_ Funds and documents will be returned upon mutual instructions of the appropriate parties. 20. PURC14ASE AGREEMENT If any form of Purchase agreement or amendment or supplement(collectively"Purchase Agreement') is deposited to this escrow, it is understood that such document shall be effuctive only as between the parties signing the Purchase Agreement. Escrow Holder's only duty is to comply with the instructions set forth in the escrow instructions and shall not be responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based. Escrow Holder shall not rely on any knowledge or understanding Escrow Holder may have of any such Purchase Agreement in ascertaining or performing the duties of Escrow Holder. In connection with any loan transaction, Escrow Holder is authorized to deliver a copy of any purchase agreement and a copy of all escrow instructions,supplements or amendments to the Lender_ 21. ENVIRONMENTAL DISCLOSURE Notwithstanding any actual or other knowledge on the part of Escrow Holder, the parties agree to release Escrow Holder from any and all liability of any kind or nature and to indemnify Escrow Holder of any loss,damages,claims,judgments or casts of any kind or nature resultinn from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law,in excess of any stale and Federal standards,permit requirements andfor disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The rug.ni.wn::rrvsi.ca„wn.,,.,ero,��m.m� Pam 5 of 7 parties are advised to seek independent legal and technical environmental expert advice in assessing the risk associated with potential hazardous or toxic wastes_ 22. ADDITIONAL DOCUMENTS HANDED TO ESCROW HOLDER Parties agree to hand Escrow Holder applicable documentation to establish their authority to act. Those documents may include,but shall not be limited to rho following: 1) If an individual: Statement of Information 2) If a corporation: A Corporate resolution signed by the Secretary of the Corporation, authorizing the acquisition, encumbrancing(if applicable),or sale of the subject property,and designating the authorized signatories on behalf of the corporation,together with a copy of the Articles of Incorporation&By-Laws. 3) If a Trust: copy of the Trust Agreement,any amendments thereto and/or a Certificate of Trust. 4) IF a General Partnership: An original Statement of Partnership, in recordable Form (if nor already recorded) to be recorded in the County in which the subject property is located. A copy of the partnership agreement is also requested. 5) If Limited Partnership: The LP-1 form,certified by the Secretary of Stoic to record(ifnat already recorded) in the county in which the subject property is located. A copy of the partnership agreement is also requested. 6) If a Joint Ventre: The requirements specified 1,2,and 3 herein will be applicable as it relates to the entities which comprise the Joint Venture. 7) If a Limited Liability Company (LLC): The LLCI certified by the Secretary of State to record (if not already recorded) in the county in which the subject property is located. The LLCI must reflect an expiration date. One person must be named an the LLCI as managing the LLC, or all members must sign. A copy of the operating agreement is required. The parties further acknowledge [hat in the event the partners of a partnership are individuals, it may be required that each such partner submit a completed and executed Statement of Information. If the Principals have any questions regarding the disposition of Unclaimed Funds, in excess of$30,00, the Principals should contact the Controller or successor agency for the State oFCalifornia. 23. DESTRUCTION OF RECORDS Escrow Holder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of seven(7)years from the close of escrow or cancellation thereof. 24. GOOD FUNDS California Insurance Cade Section 12113.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed oil the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement maybe delayed. Stewart Title of California,Inc.shall not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. If any check submitted is dishonored upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. 25. CHANGE IN OWNERSHIP REPORT All parties are aware that a"Preliminary Change in Ownership Form"is to be filed with the office of the County Assessor upon recordation of all transfer documents involving real property. As an accommodation only, Escrow Holder shall provide necessary forms to the purchaser herein and in the event the completed Form is deposited into escrow prior to close, Escrow Holder shall deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. nue�xms..2 x,-C..i+."..- iw, Panes 6 of 7 26. APPLICATION OF PAYOFF FUNDS Should a check or wire be deemed unacceptable by lenders, creditors, lien holders or beneficiaries of Deeds of Trust, Escrow Holder is authorized to act on our behalf in requesting the funds, as well as any balance in an impound account, be applied towards the balance due. 77. INDEMNITY FOR ATTORNEY'S FEES AND COSTS In the event suit is brought by any party or parties to this escrow, includin.- Stewart Title of California, Inc., as against each other or others, including, Stewart Title of California, Inc. which results in a dismissal of or judgment in favor of Stewart Title of California, Inc., the parties hereto agree to hold harmless, reimburse and indemnify Stewart Title of California,Inc., its officers and employees,from any loss,expenses,costs and attorney's fees incurred. 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 THS SINGULAR NUMBER 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/OUR INITIAL (S) HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN T141S AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I/WE HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. INITIAL: / �V o.�oi,nimen.a i.xi.nn.en..n=een rumaw Paso 7 of 7 STG Privacy Notice I (Rev 01126/09) Stewart Title Companies WHAT Il0 TH) ST> WART TITI> COMPANIES I]O WITH YOUR PI ItSONAL INX±ORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law ! I regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to i understand how we use your personal information-This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies),pursuant to Title V of tic Gramm-Leach-Bliley Act(GX.BA). IThe types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies,need to share customers'personal information to run their everyday { business—to process transactions and maintain customer accounts. In the section below, we list the reasons that w•e can share j i customers'personal information;the reasons that we choose to share;and whether you can limit this sharing. ��.x• .+Ti:ur�L - yi r,i�.�'r-,`l''i�rv":-'i7.. V,:i"r �i.:r"ii J,P, .i . ur., - r�.- ...ea. _s.b.�u�..-s�.4J� J, �•L,' ....�;,yy .�^i'd.rF 6f�J.r, .?�:'Ufa,1;',:M:C�--`3m ,:;.t:��..; 4dr'`„;np:, •:y,'�nFi•`�'i����ea5nn531 •eICAfI: ,! =if't ,.I'.„!,Fr4_J,i.Wil�Sv.,� �},i' i,l q.,: J 'sf J `sllarc�;yoliF;';'persongX�nnturmatron��p.:!�'^+Y.�:t;�er':_,Ir. -�,:r�:'^+•�+r:.lt�J�',;:-D.o;}t�es�iitce.+ 5iCaft° .o'u',Xiiinit,flus3shiiim ?3 .�.::�s.kW�..:.r.",.�J!L:s..�,:.. For our everyday business purposes—to process Your transactionsand maintain n I� your account.This may include running the business and managing customer Yes i No accounts,such as processing transactions,mailing,and auditing services,and I responding to court orders and legal investigations, 'For on r marketing purposes—to offer our products and services to you. I Yes �^ lT No For joint marketing with other financial companies _ — y No I ^We don't share I For our affiliates'everyday business purposes—inforniation about your W I transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and nonfinancial companies.Our Yes No affiliates rnm+inelmda eompmrrer with a S/eu'arr Home;frnaneinl companies,such as Sren'gr!Title Carnpmry j For our, afPliatrs'everyday basinasspurposes—in Form alien about your Na I We don't share For our affiliates to market to you Yes No For nanafrliates to market to you.Nmnaftilia[es companies. No i m__....•._.....W.•.___..__.__.__ are companies not related by ' We don't share common ownership or control-They can be financial and nonfinancial p We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliarc,such as a third party insurance company,we will disclose your personal information to that nonaffiliare-[We do not control their subsequent use of information,and suggest you refer to their privacy notices.] ,3Y�'p: ':iryv-`7:F"SV"l,L:!^ ^;,,i¢" p.rJi.' .pam:.�,rwl,rxrr .e;,.o.r�• "rvv. ,cap., =r:.,_ rol .. t 'iilG L:II,,��tit;ii7.,,.,�;Y.,..-: uora�..:r rlrr�a.:,:Lr.�,l ad"1�; «;cif.:r..1•`1:,01�'r-s - :d f,�,r�!^o,. i; - ...�,�.,., ,:r� 7� a,e,•��.F , � �w �J..��;•' , fib,.;n„`:� . mra�r.,,..,.�d:.rr,r'.,,—..1•-,..'.Srz .i- ?rrn r.,,�.,�r„ �7 oi9n,r.. !F A.ri:',L�xw?.::Gr;µM,r�1k.;:.:y ,}I,,,V;h:,e,tf'ii'!"Y.:�:-.: an! I_ .J:YL.>•.p Flow often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,Iva use security protect my personal information? measures that comply with federal and state law. These measures include computer, file,and building safeguards. FHow do the Stewart Title Companies We collect your personal information,for example,when you colleet my personal information? • request insurance-related services • provide such information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., apt out) in certain instances,we do no[share your personal information in those instances. If you have an questions;about this privacy notice, lease contact us at:Stewart Title Guaranty y any P Y p )' i"r`•'�'t' �''%'"'r" "'r�:..rr L _Y, 4 s Oak Blvd. Ply Officer,Houston,Texas 77056 "Cont an 18l1 Ao t File No.:261351 AFFILIATED BUSINESS ARRANGEMENT DISCLQSLM-E STATEMENT Date: November 11,2009 To APN 666-330-059, 060.068, 069 Property: Palm Springs, California From: Stewart Title of California, Inc. This is to give you notice that Stewart Title of California, Inc.("Stewart Title")has a business relationship with Stewart Solutions, LLC, DBA—Stewart Specialty Insurance Services, LLC(`'Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship,this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges For the settlement services listed. You are NOT required to use the listed provider(s)as a condition for purchase,sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Sen*e Charge Cr range of charges Hazard Insurance $400.00 to S6,500.00 Home Warmnity S255.00 lc$ 780.00 Natural Hazard Disclosure Report $ 42,50 to 149.50 ACKNOWLEDGMENT I/we have read this disclosure form,and understand that Stewart Title is referring me/us to purchase the above-described settlement service(s)and may receive a financial or other benefit as the result of this referral. Signature i g ature PPR 0 AS 0 FORM APPROVED BY CITY COUINCI LL.e Bnn,W& areal.nun Viwlnwe Shcd lR /- ' `�- �!� Page lofl 130E-502-A(FRONT)REV. 10(8-07) FOR RECORDER'S USE ONLY PRELIMINARY CHANGE OF OWNERSHIP REPORT [To be completed by transferee(buyer)prior to transfer of subject properly in accordance with Section 480.3 of the Revenue and Taxation Code.] A Preliminary Change of Ownership Report must be riled with each conveyance in the County Recorder's office for the county where the property is located,this particular farm may be used in all 58 counties of Califomia TINS REPORT 18 NOT A PUBLIC DOCUMENT SELLER/FRANSFEROM 0951-10 Indian Avenue Partners,L.P.,it California partnership BUYERM NSFEREC: City of Palm Springs,a municipal corporation ASSESSOR'$PARCEL NUMBER(S): 666-330.059,060,068.,069 PROPCRTY ADDRESS OR LOCATION: APN 666-330.059.060.058,069,Palm Springs,California MAIL T.LC IN170R41IrlTION TO: Name: City of Palm Springs,a municipal corporation Address: 3200 E.Taltquitz Canyon Way Palm Sprina5,CA 97269 NOTICE: A Ilea for properly tn'MS applies to your property an January i of each year for the taxes awing in the following Fiscal year, July 1 through June 30, One-half of these la.Nes is due November I,and one.half is due February L The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November I to the owner of record. You may be responsible for the current or upcoming property lases even ifyou do not receive the tax bill.. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Riverside County Assessor. For further information on your supplemental roll obligation,please call the Riverside County Assessor. PART I: TRANSFER INFORMATION (please arimper allquestions) YES NO ❑ X A. Is this transfer solely between husband and wife(addition of a spouse.death of a spouse,divorce settlement,01c.)? ❑ X p, Is this transaction only a correction of the namc(s) or the person(s) holding title to the property(for cNample, a name change upon marriage)? Please explain ❑ X C. Is this document recorded to create-terminate or reconvey a lender's interest in the property? ❑ X D. is this transaction recorded only as a requirement for financing purposes or to create,terminate,or mconvey a security interest(e.g.casigncr)? Please explain ❑ X E. Is this document recorded to substitute a trustee of a trust,mortgage or other similar document? ❑ X F. Did this transfer result in the creation of a joint tenancy in which the seller(lntnsfcrer) remains as one on the joint tenants? ❑ X G. Does this transfer return property to the person who created thejoint tenancy(original transferor)? 1.1. Is this transfer of properly: ❑ X 1, to a revocable trust that may be revoked by the transferor and is for the benefit of the❑transferor❑transferor's spouse? ❑ X 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant, and which names the other joint tenam(s)as beneficiaries when ilia Creator/Grantor dies? ❑ X 3. to ap irrevocable trust for the benefit of the ❑ Creator/Grantor and)or ❑ Grantor's spouse? ❑ X 4. to an irrevocable trust from which ilia propenv reverts to ilia Creator/Grantor within 13 years? ❑ X 1. If this prapery is subject to a lease,is the remaining lease term 35 years or more including written options? ❑ X •J. Is this transfer between ❑ parent(s)and child(ren)? Q or from grandparcnl(s)to grandchild(rcn)? ❑ X *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? 0 Yes ❑ No ❑ X •L. Is this transaction to replace a principal residcnco by a person who is severely disabled as defined by Revenue and Ta:%at)on Cade section 69.5? 1Vdhin the same county? ❑ Yes Q No ❑ X M. Is this transfer solely between domestic partner currently registered with the California Secretary of Stale? *If you checked yes to 1,K,or L,you may qualify far a property tag reassessment exclusion,which may result in lower lasts on your properly. If you do not file a claim,your property.will be reassessed, Please provide any other information that will help the Assessor to understand the nature of the Transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code far any reason other than those listed above,set forth the specific exclusions clnimcd: Please answer all questions in each section. Ito question does not apply.indicate with"N/A." Sign and date at bottom orsecond page. PART If: OTHER TRANSFER INFORMATION A. Dale oflransfer if other than recording data B, Type of transfer (please check appropriate box); X Purchase ❑ Foreclosure ❑ CIA ❑ Trade or Exchanec ❑ Merger,Stock or partnership Acquisition ❑ Contract of Sale-Date of Contract ❑ Inheritance-Date of Death Q Other(phase esplaw). Q Creation of Lcasc ❑ Assignment of a Lcasc Q Termination of a Lease ❑ Sale/Leaseback, ❑ Date lease began ❑ Original term in years(including written options) Q Remaining tern in years(including written options) Monthly Pay mcnl Remaining Term C, Was only a partial interest in die property transferred? 0 Yes X No 11 yes,indicate the percentage transferred °l°. BOE-502-A(BACK)REV, 10(5.07) Please uniteassessor's ParcellWanber(r). Please wswr,to Tile hest a(your knowledge,all applicable questions,Brun sign and date,If a questron does not apply,indicate ivial"N/A." PART III: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR value Of trade or exchange(excluding closing costs) Amount S 0. FIRST DEED OF TRUST %interest Ibr ycars. Pyinls/Mo=S (Pan.rz In only) Amounl S— ❑ FFIA(_Discount Points) ❑ Fixed rate 0 Ncw loan ❑ Conventional ❑ Varmblc rate ❑ Assumed existing loan balance ❑ VA L Discount Points) ❑ All inclusive D.T.($ Wrapped) Cl Bank or savings&,loan 4 Cal-Vct ❑ Loan tamed by seller ❑ Finance company Balloon payment 0 Yes ❑ No Due Date Amount S C. SECOND DEED OF TRUST rt, °/n interest For----years. PymLs/Mo=S (Prin.&Int.only) Amount S ❑ Bank or savings&loan ❑ Fixed ralc ❑ New loan ❑ Loan carried by sollcr ❑ Variable rate IC Assumed cxislinq loan balance Balloon payment ❑ Yes ❑ No Duc Date Amoun($ D. OTHER FINANCING: Is other financing involved not covered in(b)or(c)above? ❑ Yes ❑No Amount$ Type 0 %interest for, .�cars, Pymts./NIo=S (Prin,&Inl only) ❑ Bank Or savings S loan ❑ Fixcd rate' q New loan ❑ Loan muffed by seller M Variable rate ❑ Assumed axisling loan balance Balloon payincnt ❑ Yrs ❑ No Due Date Amount S E WAS AN IMPROVEMENT BOND ASSUMED BY TI IC BUYER? ❑ Yes ❑ No Outstanding Baltolca: Amount S F TOTAL PURCHASE PRICE(bracquisirion priea.lfimcled cr exchanged,arctide rep!esram pommission I(paid-) Total hems A ihrutild,E I S G. PROPERTY PURCHASED ❑ Through a broker ❑ Dimcl from seller❑ From a family member ❑Other(please explain): If purchased LhrouC)a broker,provide broker's Mime and phone number. Plcasc explain any special temr5,5cllcr concessions or fnencine and any other information that would help the Assessor understand the purchase price and terms orsalc PART IV: PROPERTY INFORMATION A- TYPE OF PROPERTY TRANSFERRED ❑ Singlc-familyresidence ❑ Ar icultural ❑ 'timeshare ❑ Multiple-familyresidence(no.ofunits: 1 ❑ cooploan-youroen ❑ Manufactured home ❑ CemmcreialRndustrial ❑ Condominium 17 Unimproved JUL ❑ Oiler(Ocscriplion-i c„limber,mineral,water ri;hts,etc. 1 B- IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE?❑ Yes ❑ No Iry cs,enter date oroccupancy 1 20 or Intended occupancy / 20 wwh) !t,) 4vpr) puandd (dnyl 6-0 C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture,farm equipment,machinery,etc.) (other than a martuficlurcd Home subject to local property tax)? ❑ Yes ❑ No lryes,enter the value of Tire per5onal/businc5s property included in the purchase price S (wimch ileiueed llsi). D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No Ifyes,hmv much of Tire purchase price is allocated to the manufactured home? S Is me manufactured home subject to local property lax? Cl Yes ❑ No What is die decal number? E. DOES THE PROPERTY PRODUCE INCOME? El Yes ❑ No Dyes,is the income fmrrr: ❑ Lease/Rent ❑ Contract ❑ Mineral Rights ❑ Olhcr(please explain): F. WHATWASTHECONDITIONOFTHE PROPERTYATTHETIMEOPSALM ❑ Good ❑ Avcraee 0 Fair ❑ Poor Ploase explain the physical eondidan of the property and provide any odor information(such as restrienons,etc,) that would assist the Assessor in determining the value of die pmpnny. CERTIFICATION OIVNERSI•IIP TYPE(X) Proprietorship ❑ I cerlrf),that 1Ge foregoing is triia,tomcat and coinplei d to the Lest of nr)l kaamledge arrd beffef. Partnership El This declaration is biadirrg oil each and every co-owner and/arpatdreen Corporation ❑ Other ❑ NAME OF NEW OWNER/CORPORATE OFFICER TITLE SIGNATURE OF NEW OWNER)CORPORATE OFFICER DATE NAME OF ENTITY(typed orprinted) FEDERAL EMPLOYER It)NUMBER ADDRESS(typed or printed) PHONE NUMBER(e am —5 p.m.) EMAIL ADDRESS(oplionel (Note: Tile Assessor may contact you for Further information) If a document evidencing a ebangc of ownership is presented to the recorder for recordation without the concurrent filing ofa preliminary change of ownership rcpor4 the retarder may charge an additional recording fee of twenty dolLam(S20). ' . Stewart Title of California,Inc �stewart 2010 Main Street,Suite 260 title of california, inc. Irvine,CA 926I4 (949)476-0777 Phone (714)242-9886 Fax i Date November 11,2009 Escrow Officer Grace Kim Escrow Number 261981 Title Order No. 261881 Property Address APN 666-330-059, 060,068, 069, Palm Springs, CA PRELTMTNARY REPORT APPROVAL The undersigned Buyer hereby acknowledges receipt of a copy of the Preliminary Report issued by Stewart Title of California, Inc, under Order No. 261881, dated 11/2/2009 and approve the legal description of subject property shown on Schedule A of the report. Buyer Approval: Buyer herein hereby approves Items ~� of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. I have received a copy oFthese instructions as evidenced by my signature below. Buyer(s): City oFPahn S r'ngs,a municipal corporation By: - � fg L Name: David H. Ready Its: City/Manager Date: PROVED AS TO FORM APPROVED BY CITY COUNCIL. Page 1 of I Buyer's Estimated Closing statement 11117Ja9 9 23 AM File 261 Sat Stewart Title of California, Inc.(949) 476-0777 Buyees Estimated Closing Statement Buyers) Clly e(Palm springs,a municipal corporation Seller(s) 19951.10 Indian Avenue Partners,L.P.,a California Partnership Lender Property APN 666.330.059,060.065,069,Palm Springs,CA Closing date None Proration date None bank ORGUBC-Union Bank of California 13-100573 Escrow Unit 2857-Se-Grace Km Escrow Officer Grace IUm Debit Credit ContractSales Price --........................................ ............................................................................. 1,696,600.00 other Adjustments: Termpomiy Construction Easement.................... .................................................... ........................ 1,400.00 Title Charges: Settlement or closing fee to Stewart Title of California,Inc..................................... .............. 2,800.00 Title Insurance to Stewart Title of Caldoaria,Inc.S3,245.00..................................... Owner's coverage to stewad Tide of California,Inc, Liability amount$1,693,e0o.ao........................................................................................................... 3,245,00 Wire processing fee$17 each to Stewart Title of California,Inc................................................................ 17.00 CourieNpelivery processing fee to Stewart Title of California,Inc................... ..................................... 20-00 Additional Charges: Refundable Pad to HOLD....................................................................................................................... 1,000.01) Subtotal: 1,707,08200 Balance due from Buyer. 1,707,082.00 Totals: 1,707,082.00 1,707,082-0o The parties herein have been advised that the foregoing amounts are estimates only. We therefore,authorize the above captioned Escrow Molder to change estimated amounts to final amounts owing,to satisfy the items authorized,and to close escrow. City of Palm Springs,a municipal corporation 7 By: I y ROVED A TO FORM APPROVED BY CITY COUNCIL Nh_a� l,ta lwAA k%1, Page 1 Jim G��i.for% //l7•vy ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: 01 STEVVART TITLE BY: Name: Its: GS C.ra aEel c&- 4i11�3S r' Stewart Title of California, Inc f rt V-stew c 7065 Indiana Avenue, Suite 100 title of california, !no. Riverside, CA 92506 (951)276-2700 Phone Fax PRELIMINARY REPORT Order Number 261381 Title Unit Number 2794 Buyer/Borrower Name: City of Palm Springs.a municipal corporation Seller Nante: 1995 1-10 Indian Avenue Partners. L.P.,a California Partnership In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc_ hcroby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or politics are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a.policy of title insurance a binder or commitment should be requested. Dated as of:November 2,2009 at 7:30 a.m. Norm Burdick,Title Officer When replying,please contact Norm Burdick,Title Officer File Number: 2618V Page 1 or8 PRELIMINARY REPORT The force of Policy of Title Insurance contemplated by this report is: 19 California Land Title Association Standard Coverage Policy ❑American Land Title Association Owners Policy ❑ American Land Title Association Residential Title Insurance Policy ❑ American Land Title Association Loan Policy ❑ California Land Title Association Notiteowners Policy • ALTA Short Form Residential Loan Policy(06116107) ❑ 2006 ALTA Loan Policy SCHEDULE A The estate or interest in tite land hereinafter described or referred to covered by this report!S- pec Title to said estate or interest it the date hereof is vested in: 1995 1-10 Indian Avenue Partners,L.P., a California partnership File Number: 261881 Paec 2 vrs LEGAL DESCRIPTION The land referred to Herein is situated in the State of California,County of Riverside,City of Palm Springs,and described as follows: Parcel(s) 5 and 6 of Parcel Map 21921,as shown by map on File in Book 162 Page(s) 18-23 inclusive,of Parcel Maps,Records of Riverside County,California. (End of Legal Description) File Number: 261881 Page 3 of SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with tales;for the Fiscal year 2009-2010: 1"Installment: $1,89224open 2"d Installment: S1,89224 open Parcel No.: 666-330'059-0 Code Area: 011096 (Affects portion Parcel 5) B. General and Special City and/or County taxes, includin.a any personal property taus and any assessments collected with taxes, for the fiscal year 2009-2010: 1" Installment: S1,848.06 open 2"d Installment: $1,848.06 open Parcel No.: 666-330-068-8 Code Area: 011093 (Affects portion Parcel 5) C. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes,;for the fiscal year 2009-2010: I"Installment: $2,800.55 open 2"d Installment: $2,800.53 open Parcel No.: 666-330-060-0 Code Area: 011096 (Affects portion Parcel 6) D_ General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009-2010: 1"Installment: $1,489.54 open 2"dInstallment: $1,489.54 open Parcel No.: 666-330 069-9 Code Area: 011095 (Affects portion Parcel 6) C. Assessments, i Fany, For Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. F. I'll(,- lien of supplemental taxes, if any,assessed pursuant to the provisions or Chapter 3.5 (commencing with Section 75)of the Revenue and Taiation Code of the State of California. File Number: M 1881 Page 4 of 8 Exceptions: 1- Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land,said rights having been relinquished to the State of California by deed recorded July 19, 1956 in Book 1945, Page(s)492 of Official Records. 3. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land,said rights having been relinquished to the State of California by deed recorded Suptenrber 21, 1955 as Instrument No. 60956 of Official Records- 4. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land,said rights having been relinquished to the State of California by deed recorded October 13, 1972 as Instrument No. 137341 of Official Records. 5, The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land,such rights having been relinquished or severed by the map of said Tract,which affects as said document is described therein. 6. An easement or otter provisions for the purpose of access,and rights incidental thereto as shown on the recorded map no. PM 21921,which affects as said document is described therein. 7. Reservations and exceptions in the Patent recorded November 23, 1921 in Rook S. Page(s)204 of Patents. 8. An easement for public utilities,and rights incidental thereto in favor of California Electric Power Company,as set forth in a document recorded November 4, 1949 in Book 1121.Page(s)496 of Official Records, affects as said document is described therein, 9. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land,said rights having been relinquished to the State of California by deed recorded January 10, 1952 as instrument No. 1445 of Official Records. 10. The effect of a Record of Survey oil file in Book 14 Page 20,of Records of Survey,which purports to show the herein described property. 1 1. The fact that the ownership of said land does not include any rights of ingress or egress to or From the Freeway adjacent to said land,said rights having been relinquished to the State of California by deed recorded October 19, 1965 as Instrument No. 119312 of Official Records. 12. The fact that the ownership of said land does not include any rights of ingress or egress to or from the freeway adjacent to said land,said rights having boon relinquished to the State of California by deed recorded January 21, 1966 as Instrument No. 7576 of Official Records, 13. An easement for public utilities,and rights incidental thereto in favor of General Telephone Company of California, a Corporation,as set forth in a document recorded September 1, 1987 as Instrument No. 253356 of Official Records, affects as said document is described therein. File Number: 261881 Paee 5 Qrs 14. The effect of a Declaration of Dedication as shown by the owners certificate on said map,purporting to irrevocably dedicate in perpetuity for public road purposes, including public utility and public service uses,the property described therein- 15. An easement or other provisions for the purpose of drainage purposes, and rights incidental thereto as shown on the recorded map no. PM 21921,which affects as said document is described therein. 16- An easement or other provisions for the purpose of landscape purposes,and rights incidental thereto as shown on the recorded map no. PM 21921,which affects as said document is described therein. 17, The effect of a recital on said map stipulating that the areas designated as drainage easements must be kept free of all dwelling units, obstructions and encroachments by land fill. 18. The effect of a recital on the map of said Tract, which states: Environmental Constraint Sheet affecting this map is on file in the office of the Riverside County Surveyor in E.C.S. Book 18 Page 8, affecting as said document is described therein. 19. Covenants, Conditions,and Restrictions as set forth in an instrument, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion,sex- familialstatus,national origin, handicap, sexual orientation. marital status, ancestry,source of income, disability,medical condition,or other unlawful basis. Recorded: June 18, 1990 as Instrument No.224537 of Official Records 70. The matters contained in an instrument entitled"Restrictive Covenant Agreement" upon the terms therein provided recorded May 27, 1993 as Instrument No. 199197 of Official Records- 21_ Any defect in the title to the herein described property due to the fact that the Owner's vesting deed contains a faulty legal description and should be re-recorded in order to perfect the record. 22- The requirement that there be filed in the Office of the Secretary of State, a certificate of limited partnership in compliance with provisions of The California Revised Limited Partnership Act, Section 15611 et. seq.,Corporation Code and that a Certified Copy thereof be recorded: Name of Limited Partnership: 1995 1-10 Indian Avenue Partners 23, The requirement that a copy of the partnership agreement of 1995-1-10 Indian Avenue Partners and any amendments or modifications thereto be furnished to the company. (End of Exceptions) rile Numbcr: 261881 Page 6 of 8 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the nest business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a faancial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of Ate deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title or California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California. Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc, for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored ,upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. Wire Instructions If you anticipate having funds wired to Stewart Title of California,Inc., our wiring information is as follows: Additional Note: Direct wire transfers to`. Union Bank of California 1980 Saturn Street Monterey Park, CA 91755 Routing Number: 122000496 Credit to Stewart Title of California, Inc. Sub-Escrow Trust Account Account Number: 9120050750 Reference Order Number: 261881 Title Unit Number: 2794 Title Officer Name: Torun Burdick When instructing the financial institution to wire funds, it is very important that you reference Stewart Title of California, Inc.'s order number. Should you have any questions in this regard please contact your title officer immediately. File Number: 261881 Page 3 or Order No.26 1881 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification,there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. Order Number:261991 Available Discounts Disclosure SWlemepl CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company EXHIBIT A(Revised 11-17-04) CLTA PRELIMINARY REPORT FORM(Revised 11-17-061 SCHEDULE B CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1990 EXCLUSIONS FROM COVERAGE The following matters are c�pressly excluded from uic'col crtgc ar this policy and the Company will not pay loss or damage,costs,attorneys' fees or npenscs nhich arise by reason Of, L (a) Artv law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)restricting, regulating,prohibiting or relating(i)the occupancy,use, or enjoyment of Elie land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(in) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to ihe'extent That a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)An) governmental police patter not excluded by(a)above,except to the extent that a notice of Ehc exercise thereof or notice ore dcfcer,lien or encumbrance resulting from a violmion or alleged viol Lion aniccting the land has been recorded in the public records at Data of policy, I [tights of emment domain unless notice of ilic been recorded in the public records at Date oC policy,but not c%cluding from covcra_gc any jolting nluchc has occurred prior to Date of policy nhich could be binding an the rishls urn purchaser for value willmut kaonlcdgc 3 Dcfcels,liens,encumbrances,adverse claims or other matters (a) nyhedicr or not recorded in Elie public records at Dau: of Pnlie), but created, suffered, assumed or agmct Eo b)•the insured claimant; (b)not kaolin to Elie Company, not recorded in Elie public records nt Date of Policy, but known to the insured Claimant and cool disclosed in nritin�m the Company by the insured claimant prior to the dale the insured ch imam became an insured under dill PDlmy; (c)resulting in no loss or damage to the insured Claimant: (d)auaching or created subsequent co Dale Elf-Policy;or te)rusulumg in loss or damage witch mould not have been sustained if Elie insured claimant had paid value for die insured morlga_e or for die estate or interest insured by this policy. 3. Uncthl'orccability,ofthe hen or he insured mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure army subsequent onncr of the indebtedness, to comply ntth the applicable donna business Ian's of Elie state In nlhicb the land is situated. d. Invaliduy or unenforeeabilay of the hen of Elie insured mortgage,or claim thereof,nhich arises out of the transaction evhdenttd by the insured nIOMugc and is based upon usury of Inn)consumer credit protection of truth in Icndmg lag' G, Any claim, n-0lieh arises out of the transaction vesting in the insured Ehe cscnc of interest Insured b) this policy or die trnnsuetiun creating the interest of Elie insured lender,b)reason of die operation or hbdcral bankruptcy,state insolvency or similar creditors'rights Ions EXCEPTIONS FROM COVERAGE-SCHEDULE B,PART I This potty does not insprc ag hinsE Inss or damage(and the Company%vill not pay cost,,attnmc)s,fees or e\p¢nscs)nhich arise by reason of 1. Taus or assessmicn5 nhich are not shoran as cvisting liens by file records area) Ewing authority Aral levies taws or as,a51i110t16 on real property or by the public records, Proeeudings by a public aserley nhich cony result in taxes or assbs'fnienjs,or nonce,of such proceedings,nvb4lier or not shorn by the records of such agency or by the public record;. 2 Any facts,riJns,inicresls,or claims whmll ere not shorn b) the public me0rd5 but nhich could be aiecflnincd by an inspection or Elio hind or nhich may be assent by persons in possession thereof 3. Casements,hens or enetunbraoccs,or claims thereof,Ulrich are not shoran b)ilia pubbc records. Rev. 11-7-04 Page 1 0177 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Compahy a Discrepancies,conflicts in boundary lines,54or[age in area,cmeroachmants,or any mhcr facts which a correct survey mould disclose, and Which we not shown by the public records 5 (a) Unpalemed mining claims: (b)reservations or exceptions in paacn6 or in Acts authorizing the issuance thereof, (c)1vaier nv_hls, claims or title to water,nhelher Or not the matters excepled under(a),(b)or(c)arc showm by ilia public records. The follow in-matters are expressly excluded from the era craric of this policy and the company will not pay lass or dvma-c,ca515,anomcy 5' fees,or expen5a5,wllich arise by reason of; CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule 8,You arc not insured against loss,costs,nttomeyg'fees,and expenses resulting front: I Governmental police power,and the existence or violation of any law of governmom regulation. This includes ordinances,laws and ragulaliom Concerning; a.budding b.zoning e.Land use d.Improvements on the Land c Land division r environmental protection This Exclusion does not apply to violations or die euforeeouem of these matters if notice of die violation or enforcement appears in tic Public Records at the Policy Dale, Tlhig Exclusion does not limit ncc coverage described in Covered Risk la,15, 16, 17 or 2.1 21 The failure of Your existing structures,or any pan of them,to be constructed m accordance with applmabto building codes. "Phis Ceelusmn does not apply to violations of buildm=codes if notice of the violation appears in Ile Public Regards at Hie Policy Date 3. The right to take ilia Land bl condemning it,mIcs5; a.a notice of exercising tie right appears in the Public Records at the Policy Date,or b.tie Lakin.happened before the Policy Dale and is bmdmg on You if You bought the Land without Knowing of tile taking. 4, Risks: a,1112L are created,allowed,or agreed to by You,whether or not they appear in Ile Public Records, b,that arc Kii to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Pahel Date, c.that result in no loss to You;or d.that first occur oiler the Policy Date-6u5 does not limit the cot time described in Covered R7sk 7,8 d,22,23,2.1 or 25 5. Failure to pay value for Your Title. 6. Lack al'a right; a,to any Land outside die area specifically described and referred to in paragraph 3 nfselhedule A;and b,in sticets,alleys,or tt awn.ays ilia[much the Lord. This Cxclas'ion does not limit the coverage described in Covered Risk I I or I S. LIMITATIONS ON COVERED RISKS Your insurance for tie Iollmt m.Cot clad Risk is limited on the Owner's Coverage Statemem as I'ollovis, For Covered Risk It,15,16 and 18,Your Deductible Amount and Our N[nximum Dollar Limit ol'Liabtily shorn in Schedule A. 'File deductible anhoums and maximum dollar limits shorn on Schedule A arc as l'ollam Your Deductible Amount Our Maximum Dollar Limit of Liabhlty Cos cred Risk 66 1%of Policy Amount or S2,500.00 S10,000.00 (wM1hichevcr is less) Cowred Risk 15. I%of Policy Amoum or $5,000,00 $25,000.00 (whichever is less) Covered Risk 16. 1'/.of Policy Amount or S5,000.00 1251000.00 (ehichcvcr is less) Covered Risk 18: 1`/.of Policy Amount or S2,500.00 S5,UDD.01) (tthichcvcr is less) AMERICAN LAND TITLE ASSOCIATION RE,SWENTLAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the[aceplions;in schedule 0,you are not insured an-oinst loss,costs,channels'fats,and expenses resulting from; Rev. 11-7-04 Page 2 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 1. Governmental police po%ar,and the existence or violation of any la%v or govcmmcnl regulation. This Includes building and zoning ordinances and also laws and regulations contenting: • land use • improvements on the land r land division environmental protection Tbi5 exclusion does not apply to violations or din enforcement of these matters Winch appear in die public records at Policy Data- This exclusion does not limit die zoning coverage described in Items 12 and 13 efCo%ered Tine Risks. 2. The right to lake the land by condemning it,unless • a notice afcxcrcisine the right appears in the public records • an die Policy Date i the taking happened prior to the Policy Data and is binding on you iFyou bouadn ilia land%vithout Imoi ing of @c taking 31 Title Risks; • that are crated,allm%cd,or agreed to by you • that are knmen to you,but not to us,on die Polley Date-.unless dhey appeared in the public records • Chat result in no lee,to you • dmL first affect your tide after the Policy Data—this does not limit the labor and material lion coverage in hero 5 of Covered Tide Risks 4. Failure to pay value for your title. I,ack of a rudit. • many land outside the area specifically described and referred Ia in Item 3 of Schedule A OR • al streets,alloys,or waterways that much)our land This cxclasion does not limit Clio access co'eragc in hem d of Covarcd Title Risks AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORtR4I 1 COVERAGE The following m guars ara expressly cxchldad from the aIacruec of this policy and Litt company will not pay loss or damage,costs,anomay's fats or axpcnscs which arise by racoon of; I. (a)Any Inv,ordinance or goiarnmemal regulation(including but not limited to building and zonin-Imes,ordinances,or regulations) restricting, eptllamne, prohibiting or relating to(i)the Occupancy,use,or enjoyment of ilia land;(ii)Ole character,dimensions or location of any improvement rims'or hUcaflcr erected on ilia land:(iii)a separation in ownership or a change in the dimensions or area of die land or ally parcel of which the land is or s%as a part;or(iv)environmental protection,or the effect of any violation OI' these Imes,ordinances or governmental regulations,except to the e<luln Chat it notice of 41C enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or ollavcd violation aircla ing ilia load[ins been recorded in die public records at date of policy. (b)Any gm'emtnclital police pmvei net excluded by(a)above,o\Ccpl to the extent Ihal a notice Df the Cxl'rci5e IhemOf nr a nntlee of a defect.lien or encumbrance msultlng from a violation or alleged violation affecting the land has bean recorded in the public records at date ofpollcy. 2, RiJns of eminent domain unless hmlice Oflthe a%crcisc Ihcreof has lieen recorded in ilia public records at onto of policy,but not excluding From eoverlpc any'taking Thigh Iw occurred prior to dale of policy'%%hich could bit binding on Ole fights or o purchaser for value ivitboul kno%Nedge. 3. Defects,liens,encumbrances,adiersc claims or odor maucrs. (n}cremcd,sulTcred,assumed or agreed is by the insured clolmanL; (b)Not known to ilia company, not recorded in the public records at date of policy, but knolva to die insured claimant and not disclosed in %%citing to Clio cmnpariy by[be insured cloufiant prior to the date Elie insured claimant become an insured under this policy: (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to dale of polio)(except to the extenl that olis policy insures die pnonty of the hen of ilia inwred Mortgage over an),statutory lien far services,labor or matenal or to ilia a%lent insurance Is anorded heroin us to the a55es5nte1115 for street impmcani under Construction or co llplalcd at date of policy),or (a)resulting in loss or damage,which i%ouldinot Iwo been sustained Coic insured Claimant had paid value for the msuo.d mongate. 4. Unenl'orecalnlity of Cie hen of Pie insured mononac because of the inability or failure of die insured ai dine of policy,or the inability or lailure of any Subsequent o•aer of etc indebtedness,to comply with applicable doing business Ia vs ardte slue in ehich die land its situated $, Invalidity or unenparecabilily of die lien of the insured morl laic,or claim hereof,i%hich arises out or Clio transaction evidenced by the insured mortgage and is Eased upon usury or any consumer credit protection or writ in lending In%% 6. Any statutory hen Ivor Services,labor or malerlals(or ilia claim of priority of any statutory liLn for services,labor or nituerials over the lien of the insured monga,c) orisinn fmm an iinproicmcnC or work related to die hand ivhith is contracted Ivor and comnhcnced subsequent to date of policy,rod is not financed in tOiole or in part by proceeds of the indebtedness saeumd by die insured mortg;lpe uhheh al date of policy the insured]ins not anted or is obligated to advance. Rev. 11-7-04 Pagc3 of7 CLTA PRELIMINARY REPORT FORM Stewart Tide Guaranty ComparE3, 7. fifty claim,which arises out of ilia transaction emitting Lire interest of rile nlongagce insured by this policy,by wason of the operation of federal bankruptcy,state insolvent},or similar crcditors'righis laps,that Is based on L The transaction creating the interest of Insured rnongagee being deemed a fraudulent conveyance or finedulent transfer' or H- The subordination of die interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination;or III The transaction creating ale interest of die insured mortgagee being deemed a picfc emial tran51cr cwcpt whcra the preferential wmsfcr results from die failure: (a) to timely recorded dre inswment of tr•'m5rer;or (b) of5ueh recordation to Impart notice to a purchser for value or ajudgmeni or lien creditor. The above policy fonts may be issued to afford either standard covemac or emended coverage. In addition to Elie above exclusions from coverage,dig a\captions from Coverage In a standard oolerage policy trill include Lite folloii ing General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and die company will not pay costs,auome)s'fees or expcnss)which arise by reason of: I Tuxes or assessments which are not shown as exisung liens by the records crany taxing authority,that levies taxes or assessments on real property or by the public records- Proceedings by a public agency which may result in tares or ssessmenls of notices of such proceedings,mbemer arnot 5110wn by the records of such agency or by Elie public records. 2 Any facts,rights,fnlcre lI;or claims which are not shown by Lite public records hutnihich could be ascmained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or cncumb rotas,or claims dicreor,which arc nor shown by Elie public records. 4. Discrepancies,eondfet5 in boundary lines,5hunagc In area,cricroaehments,cr any other facts which a correct survey 1l ould disclose, and which are not shown by the public records 3 (a)unpmented mining claims;(b)reservations or ucecplhnns in patents or in acts auLhormng the 355aanee traq'Or,(c)wolcr rights, claims or title to water,whether or net die matters excepted under(a),(b)or(e)arc shown by die public records. 2006 ALTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and die Company hull not pay loss or damage,costs-altome)s' fees,or expenses that arise by reason of. I. (a)Any law,ordinance,pemrit,or govemmental regulation(including those relating to bueldin,and inning)rustneting,mgulaling, pmhibning,or relating to ' (i) Elie occupancy,use,or enjoyment of die Land; (n) the character,dlmen5was,or location of any Iniproiement erected on the land; (iii) die subdivision of land;or (Iv) cnvhrcnmcrnal protection; or the effect or any violation orlhesc laces,ordinances,or governmental regulations, This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any goi ummental police power.This Exclusion 1(b)does not modify or limit the Coverage provided under Covered Risk 6. ?. Rights orendaenl domain This flyelusion does net modify Of limit the coverage provided under Covered Risk 7 or 8 3 17e11eas,liens,enalmbrances,adverse claims,or other mowers (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records At Date of Polley,but Known to die Insured Claimant mid not disclosed in writing to the Company by the Insured Claimant prior to Elie dale dic Insured Chumant became an Insured under Ih's policy, (a)resulting in lip loss or darnage to the Insured Claimant, d) mticbine or cfenEed subsequent to haw of Policy(however,this does not modify or limit tfre coicmgc provided under Ciliated Risk I L 13,or 14),or (a)resulhne in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage- 4. Onenforceubilit)of the lien of die Insured Nioriga_ge because of the inability or I llure of on Insured to comply•vide applicable doing- business Imes or die stare where the Lund is situated 5. invalidity or uncnforceabilLLy,in whole or in part of Ehe licit of rite IIISUVed Nlorlgage that arises out argue transaction cadenced by the insured Mortgage and is based upon usury many consumer credit protection or tiulh-in-lending law, 6 Any claim,by reason of the operation of federal bankruptcy,scale insolvency or similar creditors'rights laws,that the transaction creating the lien of the Insured Mongagc,is (a)a fraudulent conveyance or fnudulcm transfer,or Rev. 1 1-7-04 Page 4 of 7 CLTA PRELIMINARY IIREPORT FORM Stewart Title Guaranty Company (b)a prerereraial transfer for any rcnson not stated in Covered Risk 13(b)ON) Policy 7 Any Ion on the Tithe for real estate taxes or assessments imposed by govemmemal authority and created or attaching between Doc of Policy and the dote of recording of the blsurcd Morigage in the Public Records. This reclusion does not modify or limit die coverage provided under Covered Risk'I I(b) AMERICAN LAND TITLE.ASSOCIATION OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly tuludcd from the coverage of Ibis policy and dn:company will not pay loss or damage,toll,MOMeys'fees or expenses,Which arise by reason Of: I. (a)Any law',ordinance or got cmmenial regulation(including but not limited to holding and zoning Inns,ordiminees,Or regulations) restncumi,reguladnt prohibiting or rclaung to(h)i the occupancy,use,or atljoyinent critic land;(u)ilia character,dimensions or loeolion orally improvement now or horcafter erected of the land;(iii)a scicaralion in onnership or a change in the dimensions or area of die land or any parcel of milieh lh'.land is or was is pan;or(iv)em imnnlental protection,or the ellbcl of any violation or(bc5e laws,ordinances Or govemmunell regulations„except to ilia extent that a notice of site enforcement thereof or a notice of a dofeci,lien re encumbrance resulting from a hiolation or allcecd violation alrecting the land has been recorded In ilia public records at dale of policy.(B)any go%cmincotal police power not excluded by(a)above,exuepl to the extent that a notice of site exercise thereof or a notice of a defect,has or encumbrance resulting front u violation or alleged violation affeejing the land has been recorded in the public records at date of policy. I Rights of eminent domain unless notice of dte exercise tbcreor has been recorded in the public records at dale ur policy, but not excluding from Coverage any Taking which has occurred prior to irate of policy which would be binding on rise rights of it pureihaer I•or value without knowledge. 3. Defects,liens,encumbrances,adverse claims or Other matters. (A) Craned,suffered,assumed or agreed to by the Insured clamant; (5) Not known to ilia company,not recorded in the public records at data of policy,but known to the insured claimant and not disclosed in writinc to the company by ihehnsured claimant prior to Ilia dale ilia insured claimant became an iasorcd under this policy; (C) Resulting in Ma loss or danaec to die insured claimant; (D) Atmchine or created subsequent to dalclol'policy;or (E) Reselling in less or damage, Which voold not hove been suslainod if ilia insured claimant had paid value for the,estate or interest insured by illis policy. ' d Any,claim,nlhich arises cut of die IransaciiOn vesting In the Insured the estate or interest insured by this policy,by reason of ilia operation oFfederal bankrupley,suite in5nlvency,orsimilar creditors rights laws,that is based on: 1. The transaction creating ilia eslnte or interest insured by this policy being deemed a fraudulent comayanee or fraudulent mnsfar;or ' 11 The Irdnsselion ercaling the estate or interest insured by this policy being deemed a preferential transfer except Chore the preferential trrmsfcr results front the failure: (A) To timely record die instrument of transfer,or (13) of such recordation to impart notice to a Purchaser for value or njud7ni or lien creditor. The above policy forms may be issued to alTord either standard coverage or extended coverage In addition-to the above exclusions from coychige,Ilia cncapt ions from nth era^e in it Standard covcrngc POI lo,•n Ill inch tide Ilia follmh ina general exceptions EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and din company will not Pay costs,attorneys'leas or expanses)which arise by re;rson of. 1. Tatts or assas5menis wlmh are lot shown as existing liens b) ilia records of any taxing authority that levies ev\c5 or assessments on real propun) or by the public records proceedings by a public agency which may result in taxes or asscssmenLS,Or nol=5 of such proceedings,whether or nol shown by die records OFsualh agency or by ilia public records. Ally fiats,righL5,interests or taints whielh are not shohm b)ilia public records but which could be asettdnined by no inspection of din land or by making inquiry cf persons in possession thereof 3. Gusemenis,liens or encumbrances,or claims mcmar,which are not sitow•n by the public records. a. Dncrupaneio,conflicts in boundary lines,shortage in area,enemaehnhenls of any other focts ehich a correct 5urwey would disclose. and which are not shown by the public records. 5. (a) unpatentod mina(;claims,(b)reservations or exceptions in palents or in acts amlhoritlng the issuance ttctcol}(a)comer nghis, claims or tithe to water,whether or not the Matters excepted under(a),(b)or(e)are shown by die public records 2006 ALTA OWNER'S POLICY (06-17-06) Rev. 1 1-7-04 Page 5 of CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company EXCLUSIONS.FROM COVERAGE Tote following maucrs are expressly excluded lion,the coverage of this poly,and die Company xrill not pay loss or damage,costs,attorneys' fees,or cxpcn5cs that arise by reason of: I- (a)Any lain,ordmanm,Pcnnit or govemmen ld regulation(including those rchninn 10 buildinu and zoning)restricting,re-ultuda---, prohibiting,or relating to (i) the occupancy,use,or enjoyment of Ilia Land, (i) the mums ter,dimensions,or location of any improvement erected on the Land; (ill) the subdivision orland;or (iv) Cnx'nOnmClfml protection; or die effect of any violation of those halls,ordinances,or govurnmenlal regulations. 'Phis Exclusion I(a)does not modiy or lima(thc coverage provided under Covered Risk 5. (b)An)governmental police p %scr. This Exclusion I(b)duos not modify or limit the coverage provided under Covered RI5k G. 2. RiJits of cirri domain. This Exclusion does not modify or limit the coverage provided under Coveed Risk 7 or 8. 3. Defects,liens,cln umbuanees,adverse claims,or other matters (a)created,suffered,assumed,or arced to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in i ni mg to[he Company by the Insured Claimam prior to Elie date die Insured Claimant became an Insured under this policy, (C)rasulunr in no loss or danhage to the Insured Claimant; (d)auaehmg or created subsequent to Dale of Policy(homer,this does not modify or limit Elie coverage Provided under Covcrcd Risk 9 and 10);or (a)reselling In loss or dmntlge that.nould not have been sustained if the Insured Claimant had paid value for the Title 4. An7 claim,by nnson of the operation of federal bankruptcy,5(aic insolvency,or similar creditors'rights laws,that lilt transaction vesting the ThIC as shown in Schedule A,is (a)a fraudulent cam'c3 mcc or fraudulent lmnsfur,or (b)a preferential transfer for any reason not stated in Covered R15L 9 OFthis policy. 5. Any lien on the Tide for real estate taxes or asScssmems imposed by governmental authority and created or anaclimg between Dale of Policy and the dalC of rCCCrding of the deed or other instrument of Imnsner in the Public Records that vests Title as shown in Schedule A. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) EXCLUSIONS FROM COVERAGE The @honing mutters are expressly excluded from the covera_e of this policy and the Company hill not pay loss or damage,costs, anomeys fees or axpm cs which arise by reason of I. (a)Any lap,ordimmca or governmental regulation(Including but not limited to building and zoning laps,ordinances,or rcgululions) restricting-,regulating-,prohibiting cr rclalins to(i)the OccnpNUCy,use,or enjoyment of the Land;(it)the character.dimensions or location of any improvement non or lhereaher erected on the Land;(ih)a separation in 0%,ner917ip Ora change in the dimensions or areas of the Land or any parcel of nhich the Land is or oas a part;or(iv)cm irnnmmuil protection,or the effect orany violation of dhesc laws,ordinances or govcmmcnml regulations "Cepl to the extent that 5 notice critic enforcement thcrcoror 2 notice of a defect,lien or encumbrance resulting from a violation or alle-ed violation affecting Ilia Land has been recorded in(tic Public Records it Date Or Policy This exclusion doc5 nor limit the coverage provided under Covered Risks 12. 13, 14,and 16 of this policy. (b)Any goi cmmenial polies paver not ncludcd by(a)above,cNcept to the extent the(a notice of the exercise thcrcafor a nolme of u defect,lien or encumbrance resulting from it violation or alleged violation affecting Ilia Land has been recorded in the Public Records at Date or Policy.This exclusion does not limit the eouranc provided under Covered Risks 12.13. 14,and 16 orthls policy. 2. Rielus of eminent domain 1m1o55 notice or the exercise thereof has been recorded in the Public Records at Dale OR Policy,but not exeludma loom cut crane any takma nhich has occurred prior to Date of Policy uhheh+%ould be binding on the lights of a purchaser for ialuc without Knowledge. 3. Defocis liens,encumbrances,adverse claims or other matters: (a)crcaled,suffartd,assumed or agreed m by the Insured Claimant, (b)not Known to the Company',not recorded In Ilia Public Records at Dale Of Policy,but Knossn to the Insured Claimant and not disclosed in writing to the Company by the Insured Ckaimam prior to Elie dale the Insured Claimam became an Insured under this policy; (C)resulting In no loss or damage to tic Insured Claimant; (d)attaching or created subsequent to Dine of Policy(thus paragraph does not Imut the covera_e provided under Co Bred Risks 8, 16, 18,19,20,21,22,23,24,25 and 26);or (e)resulting in loss ur damage 111dCh+weld not have been sustained if Rile Insured Claimant had paid value nor the Insured hlortgago 4. Unenforccabdily of tic lien of Elie Insured Morgme bccau5c of the inability or failure of the insured at Date or Policy,or tic imbility or failure crony subsequent owner of the Indebtedness,to comply pith applicable doing business laws orthc slate in much the Lund is shouted. 5, hwandity or uncnforccability of die lien of die Insured Mortgage,or claim thereof.sxhich arises out of the transaction evidenced by Ilia Insured Mongagc and is based upon usury,except as provided in Covered Risk 27,or any consumer credit protection or iruill in lending tau 6. Real property taxes or a55e55mem5 of any governmental authority which become a hen on Ilse Land subsequent to Date of Policy. This exclusion does not limit Ilia eo+erigc provided under Covered Risks 7,S(c)and 26. Rev. 11-7-04 Page 6 of 7 CLTA PRGLIMiNARY REPORT FORM Stewart Title Guaranty Company 7 An}claim of invalidity,unenforecablhty,or Iacl,of pronly of the lien ofthe Insured Mortgage as to advances or modification made after the Insured has Knoddedge dial the vesicc shown in Sehcdale A is no Ion^--er the owner of the estate or interest covered by this policy.This cecIosion does not limit the coveraee provided in Covered Risk d. S. Lack of priority of the lien of the Insured Mongagc as to each and every advance made alter Date of Policy,and all interest chnrgcd thereon.over Irons,encumbrances and other masers affecting the title,di cvatcnce of which are Kno10 to the Insured at (a)The time of me advance;or (b)The lima a modification is made to the terms of the Insured Mortgage which changes di me of interest charecd,if die rate of Interest is greater as a result cf ti modification din it would have been before the modificarion. This seclusion does not limit the co%cragc provided in Covered Risk S. 1 91 The failure of the residualial smieture, or any portion thereof ro have been con 0cled before, on or after Dale of Policy in accordance with applicable building codes. This"clusion does not apply to violations of building codes if nouce ofthc r iolauon appears in di Public Records at Date of Policy. Rev. 11-7-04 Page 7 of 7 11;7CI BIT "A" LEGAL DESCRIPTION ORDER NO.: 261881 ESCROW NO.: The land referred to herein is situated in the State of California County of Riverside,City of Palm Springs,and described as follows: Parcel(s) 5 and 6 of Parcel Map 21921, as shown by map on file in Book 162 Page(s) 18-23 inclusive,of Parcel Maps,Records of Riverside County,California. vnc nv�e�arnwi a umim ie.a on.�iponnoe Pa-le I Or 1 4 4STG Privacy Notice I (Rev 01/26/09)Stewart Title Companies i WHAT DO THE STEWART TITLE COMTANIES DO WITH YOUR PERSONAL INFORMATION? i Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable sire law regulations also require us to tell you how n'e collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information-This privacy notice is distributed on behalf of the Stewart:Title Guaranty Company and its affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA)- The types of personal information we collect and share depend on the product or service that you have sough[ through us. This information can include social security numbers and driver's license number. j All financial companies, such as the Stewart Title Companies, need to share customers'personal information to run their everyday ' business—to process transactions and maintain customer accounts- In the section below, we list the reasons that we can share i customers'personal information_the reasons that we choose to share;and whether you can limit_this sharing. ,-r', , r7 �"', :cL•� - ..q—Y r�t.'li,�; - [d r.,r r'�9'i�l:.l..p ~r::.- i.n �.,i- `;a.'—",i T ,.�,;T r 'I r'thisslyd'nin -? ?IRi;'SlsoNtsilveaap"sh'ii,te:.yofir:'p"ersona�anfvcma[ioui:'��:r!:k.,l,r's•,w�,„a,�t, .�.�r('('i;l` r.%,��• .,d., R<Y . �^ g! ya r accown da businn purp tn8 ~ 'roc our[ransagc,no wand mr Y tam :,— �. w �,...a>r. .....--•-_ ._ ,,cry y es uses•--fop ess}' am � u t.This may i c ude runt' the business and mans t s[otne yes No accounts,such as processing transactions,matting,and audrtmg services,and responding to tour[orders and legal investigations. , 'For our ng purposes— -For joint marke to ting with other ancial companies Noes services to you, "•—I- _— No o I-- •^,Wed don't share For our affiliates' everyday business purposes—irilbrmation about your transactions and experiences.Affiliates arc companies related by common ownership or control.They can be financial and nonfinancial companies-Our Yes No q lliaies nwt'include compmoies wllh a Stewart naxre:faronclal cantpames,such as Srehvarr Tide compay, For our affiliates'everyday business purposes—information about your No We don't share creditworthiness. j For our affiliates to market to you Yes No For nonnffiliates to market to you.Nonaffiliates are companies not related by No We don'[share T .common ownership or control.They can be financial and nonfinancial companies. �.._..^, —___• "^-"^,-_----- We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. Ifyou request a transaction with a nonaffiliate,such as a third parry insurance company,we will disclose your personal information to that nonaffiliate.[We do not control their subsequent use of information,and suggest you refer to their privacy notices.] .rug .i �i,,;,v,ra� r tF�_;• ;'-k'i..j hp !,)b'S'1+" (,j r:r19. i nl..i:.''r ?.I 1,ir' .r.n.. JR�'. " .;');•'i "i'i: l:n: ,nG. l iIp - :'.rv:', %'1- ,ila;-; , 7 „_��� ,.n .4..f�;fl I ,l'' p., .,q • ' up(r� i,il r 8r:'1"..1): u, �F$ ,;li r,�,. ' .:•,� y�- 'r 4w :..ii Ji�:• -�i':�,,:, 'i'r.'� Now often do the SlcwartTitle Companies We must notify you about our sharing practices when you request aJtransaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file,and buildin,-safe��uards. 1-low do the Stewart Title Companies We,collect your personal information, for example,when you collect my personal informatiwo? v request insurance-related services provide such information to us We also collect your personal information from others,such as die real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other I companies, r IY What sharing can I limit? Although federal and state law give you die right to limit sharing (e.g., apt out) in certain instances,we do nor share your personal information in those instances. IFyou have any questions about this privacy notice,please contact us at:Stewart Title Guaranty Company, 1980 Post Oak Blvd,,Privacy Officer,f-[ouston,Texas 771156 File No.:2G 1881 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: November 9,2009 To: APN 666-330-059,060,066,069 Property: Palm Springs,California From; Stewart Title of California, Inc. This is to give you notice that Stewart Title of California, Inc. ("Stewart Title")has a business relationship with Stewart Solutions, LLC, DBA—Stewart Specialty Insurance Services, LLC("Stewart Insurance"), Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California, Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s)as a condition for purchase,sale,or refinance of the subject Properly. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. sfewarr Itrsrrrarrce selfleerrerrl Service Charge or rmr ue of char es Hazard Insurance $400.00 to S6,500.00 Home Warranty -- - $255.00 to$ 780.00 Natural Hazard Disclosure Report S 42.50 to 149.50 ACKNOWLEDGMENT ]/we have read this disclosure form,and understand that Stewart Title is referring me/us to purchase the above-described settlement service(s) and may receive a Financial or other benefit as the result of This referral. Signature Signature omn:.em ,vv..eia.e -.wa o,aa:w.nne Page 1 of I o Ey • >t m am m n nq 24-39-2 APR 22 gol TRA on.WA oil.0.45011-R47 m o 66 3 oil•cas,olr osn,wlo9r 52 SEC15 Por. SEC. 22 , T.3S R.4E rNx wr m rM OR•093,011-094,0I-095 0 oN-096,011-097,o11-o- • .l-SE6AEA'r PV.a4' i 0. 011-099, ow-rot,011-103, 32 I , w�-1o4,os-eos ' H nrn cxoAs I i 4 Q m ® v IA Y i �.. ISBSSC c S +a ff E � I i� I n ; �(Qj�✓j� C E b 1- 4W' rm.:14 p1-0BI T 9I011.f �e 4 H O i { � 668 L i s r?aw.r it is urrr .� 9 W Fh >•, � a/e zo ... - - - - - - I.wr.u.- -'� -o-r±. :..s.��� f 12 Ylll - RlY - 10 60-70.99 layerslale Freeaa �I$ e 4rR - - - - - - - -- - - - - - - - - - - - - _�.n_ rrer n„, .. - .i�� v _ _ _�G�•ma � � tir a. d�JY .Ye RreiMS�I I_ _ _ fL IXY r0.W[Yir0. L'W M.r' % !� A.r NC J ���]f •O!/.Q�a O4 r'4 .irlry 5.11 9 V.f! jO , •ham mot, 11S/!FC .4R 1 [roc Y9.0 L l�� rxA 0.Y.op6 Ivnl...r •� 16 rer ca.aan >/ . ,'"•� ' '"'r .�rlA .F 4 sr 2I 22 . ...... ..r r �, <:.` • .+.'�� a (n :Y r 14 f IfL1! 'r" +.. r Ph, 31.'I RG-E2i I,JaP iJo, 7636 B3 L PM 110140 + . 15975 >In, P.M 126174,,75 I 16665 152176-18 " " 20600 A rr CE:FF' Rsa. 14 00 C. Rd. Nnyf,Slord ><.,. .I�, TVIS MAP IS FUP,NISHED e. ►saY 0 6 t009 I'AI'1?° S A MATTER 0 = ss zc u:iii: r•r:.n lydl re =r P„, > ..: .> ._. AC%0?4h90DAT10h ONLY.AND NO LIABILITY rS F6f1621132iPurcat Mop No,21921 Q ASSUMED LAY ITS ATTACHMENT TO THE elisr ro ,.v ..rs n�=a POLICY OF TITLE INSURANCE OF ST49 j�1 R'S MAP BK866 P93.3 rr f= T7LEGUARANTy .COL4PANY, 'R'r/E'RSILIF' eW'rrrr, eAe1F rier. o _r,r EPRR r363 on ,:. Gle 1 CITY OF PALM SPRINGS (Herein referred to as"City"), and 2 3 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP (Herein referred to as "Grantor") 4 PROJECT: 1-10/ Indian Ave Interchange s PARCEL: CI-19 APN: 666-330-059 6 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 7 a 1. The right is hereby granted City to enter upon and use the land of Grantor in the City of Palm Springs, County of Riverside, State of California, described as a portion of 9 Assessor's Parcel Number 666-330-059, depicted on the plat map attached hereto ("Premises"), and made a part hereof, for all purposes necessary to facilitate and accomplish 7-0 the construction and installation of Indian Avenue and 1-10 interchange. 11 2. The temporary construction easement, used during construction of the project consists of approximately one thousand seventy-seven (1,077) square feet as designated on 12 the attached legal description, referenced as Exhibit "A", and plat map, referenced as Exhibit "B" ("Easement Area"). I 1s 3. A thirty. (30) day written notice shall be given to Grantor prior to using the rights 14 herein granted. The rights herein granted terminate on the earlier of: i)twenty four(24) months from the thirty (30)day written notice, or ii) until completion of said project, or iii) four (4) years 15 from the effective date of this agreement, at which time this agreement shall be deemed null and void. 16 4. The rights granted herein include the right to enter upon and to pass and repass 17 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 1s persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. City agrees not to damage 19 Grantor's property in the process of performing such activities. At all times during the term of this agreement (and during City's Work) the Premises will remain accessible for Grantor's 20 ingress and egress. 21 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 22 be graded and left in a neat condition. 23 s. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 24 7. Grantor hereby warrants that they are the owners of the property described 25 above and that they have the right to grant City permission to enter upon and use the land. 1 ROW:1-10 and Indian Interchange 1995 I-10 Indian Avenue Partners,L.P. 01933.1 S 1 8. This agreement, together with the recorded Temporary Construction Easement 2 Deed ("Deed"), is the result of negotiations between the parties hereto. This agreement and the Deed are intended by the parties as a final expression of their understanding with respect to 3 the matters herein and therein and is a complete and exclusive statement of the terms and conditions thereof. a 9. This agreement shall not be changed, modified, or amended except upon the 5 written consent of the parties hereto. 5 10. This agreement and the Deed supersede any and all other prior agreements or understandings, oral or written, in connection therewith- 7 11. Grantor, their 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 jointly and severally liable thereunder. 9 12. City agrees to pay Grantor for the right to enter upon and use Grantor's land in 10 accordance with the terms hereof. 11 13. City shall pay to the order of Grantor the sum of One Thousand Four Hundred Dollars ($1,400)for the right to enter upon and use Grantor's land in accordance with the terms 12 hereof. Payment shall be made on the Close of Escrow date by and through the escrow as set forth in the Purchase and Sale Agreement entered into by and between the parties hereto of 13 even date heerew�ith. 14 Dated: O C �` w . 2009 15 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP 16 BY: OCEAN VIEW PARTNERS, LLC, 17 GENE LPARTNER 18 BY: towar C a �-anaging tember 15 CITY OF PALM SPRINGS, a municipal corporation 20 21 By: David H. Ready, Ci er 22 ATTEST: APPRO E S TO FORM: 23 By: By: zn ,d�6esThompson, City Glerk Doug[ s . Holland, Cif Attorney 25 APPROVED 8Y C9 COUNCIL 2 �3h _ 101�•u$ �6$��1 ROW: I-10 and Indian Interchange 19051-10 Indian Avenue Partners,ILP. h51 Ri3 1 r _ ASSESSOR'S PARCEL NO, 666-330-059 Exhibit"A" PARCEL. CI-19 A iemporary easement for construction purposes in and to that portion of Parcel 5 of Parcel Nap 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Bock 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 5; thence (1) along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way lire of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) 1416°O8'20"W., 25.645 meters; thence (2) leaving said Northeasterly Right-of-Way line N.13050'52"E , 2.400 meters; thence (3) N.76°08'20"W., 15.122 meters;thence (4) N.13050'52"E., 1.500 meters; thence (5) S,76008'20"E., 15.135 meters;thence(6) 5.31°09'12"E., 1.273 meters; thence (7)5.76°08'20"E., 24.732 meters to a point in the Southeasterly line of said Parcel 5; thence (8) along said Southeasterly line 5.13051'40"W„ 3,000 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on the lase day Of tl-24t"month follering the g9.virg of notice, or fors (4) years fran the effective date of this agxegmnt, or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. Page 1 of 2 The bearings and distances used in the above descriptions are on the California Coordinate System of 1988, zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Area = 100.035 sq. meters, 0.0100 hectares �v GHQ SAND gL� do ln..,✓I f-['(�i�w.<�nN� 1-1- U2. 0� 4. Z�' F � Michael A. Havener, PLS 7354 Date a Exp. 12-31-09 Exp•t23tlogp N� No.7354 aq �TFOfi CA��F�¢� Page 2 of 2 Jo EXHiBIT 99B " (CS MAP 204-483) U PAR, t5 APN 666-330-059 L(;, = P,0.8. S.E. CDR. PAR. 5 Lo L7 a M Z r F•PER pM 1 L , 62/ ppr- h pfR P!d 762ha^23 /// DMIL "A2 NOT TO SCALE` APN 666-330-059 TABULATEp LINE DATA L(N!: BEARING LENGTH U N 76'08'20' W 25.645 m L2 N 13'50'52" E 2,400 m L3 N 76'08'20" W 15.122 m L4 N 13'50'52" E 1.500 m 1.5 S 76,DB'20" E 15.135 m E SEE DETAIL Wm> L6 S 31'09'12" E 1.273 m L7 S 76'08'20° E 24� 3 m ro 7G2 PEf� pM �LB S 13'51'40' W 3,010017 LDT p ' ' CI-19 rI A r{/�-�rB_23 a '! 78.288 ` Lot Z"P a I PfR ro (60' � �pld 18 JJJ REC AUG26 9r 5C Q C9 z/78�23 ANO,y LRL�, LEGEND TEMPORARY CONSTRUCTION EASEMENT (TCE) EXP. 31�C 0,9 T9 E...-�........� AREA - 100.0 SQ. METERS (0.0100 HECTARCS) �r r7 P.O.B. POINT OF BEGINNING �T'gTE.N0, 735a O- Op- Cl CITY OF PALM SPRINGS PAR. NO, DISTANCES ARE IN METERS UNLESS CITY' OF PALM SPRINGS PAR. N0. : CI-19 OTHERWSE NOTED. MULTIPLY DISTANCES u BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INOIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937f1200, DATE. 3-27-09 SHEET I OF 1 SHEET CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCELS: 21502-1, 21502-01-01, CI-2 APNs- 666-330-059, 060, 068 and 069 OWNER: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP The CITY OF PALM SPRINGS hereby makes you an offer of One Million six Hundred Ninety Eight Thousand Six Hundred Dollars ($1,698,600) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-330-059, 060, 068, and 069 identified as Parcels 21502-1. 21502-01-01, and CI-2- You are not required to vacate your property until payment of the purchase price has been made available to you. Your signature on the Offer to Purchase is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO PURCHASE, BUT MERELY AN OFFER TO PURCHASE FOR THE AMOUNT INDICATED ABOVE, WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROV Dated: By- David H. Read agerrC Received a copy of the above offer this ` day of ©� 200. 1995 1-10 INDIAN AVENUE PARTNERS, L.P., APPROVED By CITY COUNCII A CALIFORNIA LIMITED PARTNERSHIP p• 7. BY. OCEAN VIEW PARTNERS, LLC, GENER. M� TNER BY: �~ Howard C an, Managing Member ,lL . h ' r;�, Cir:;) wa:aone,r ROW- 1-10 and Indian Interchange 19951-10 Indian Avenue Partners, L.P. Q.gia .�.m,2:v,,:.,�- �. 651933 1 CITY OF PALM SPRINGS OFFER TO RENT PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CI-19 APN: 666-330-059 OWNER: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP The CITY OF PALM SPRINGS hereby makes you an offer of One Thousand Four Hundred Dollars ($1,400) as the rental price for a portion of the land known as Assessor's Parcel Number 666-330-059, identified as Parcel CI-19. You are not required to vacate your property until payment of the rental price has been made available to you. Your signature on the Offer to Rent is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO RENT, BUT MERELY AN OFFER TO RENT FOR THE AMOUNT INDICATED ABOVE, WHICH IS SUBJECT TO THE CITY�COUNCCIIL'S APPROVAL. Dated: B` y;,.v��' David H. R/ea.,dy, nager Received a copy of the above offer this /y7Gr day ofL[ "` 20�T HP MMED BY CITY COUNCIL 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP d BY: OCEAN VIEW PARTNERS, LLC, GENERAL NER BY: Howard Ch anaging Member t'P A3 TO FF03i?I ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P IL ^hry® 6518331 /I /v Date Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-330-069, 060,068 and 069 Parcels: 21502-1, 21502-01-01, CI-2 AGREEMENT FOR ACQUISITION OF REAL. PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of Ucfi)b'r 1�2 , 20a, by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately one hundred sixty-one one hundred fifty-two thousand (161,152) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by CalTrans Parcel Numbers 21502-1, 21502-01- 01, C1-2, which is a portion of Assessor's Parcel Numbers 666-330-059, 060, 068 and 069 more particularly described and depicted on Exhibits A and B attached hereto and collectively referred to as the "Property". B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller the Property, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Property. As used herein the "Property" shall include the real property identified on Exhibit and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half-widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. This conveyance is made for the purpose of a freeway and the Seller hereby releases and relinquishes to the Buyer any and all abutters rights of access appurtenant to Seller's remaining 1 ROW; 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 65181.1 property, in and to said freeway. The Property also includes a slope easement as identified on Exhibit G. 1,2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be One Million Six Hundred Ninety Eight Thousand Six Hundred Dollars ($1,698,600) payable as cash at closing. 2. ESCROW AND CLOSING. 2.1. Opening of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Stewart Title, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2, Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow, including but not limited to, transfer taxes, recording and title costs. 2.3. Closing Date; Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before October 30, 2009 (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed, as provided in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the County. In the event Escrow fails to close for any reason on said date and the parties have not mutually agreed in writing to extend such date, this Agreement shall terminate. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Property are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; and 2 ROW, 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651333 1 (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue in a material respect as of the Close of Escrow; and (d) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Property, subject only to the Permitted Exceptions. 2.32 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Property are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 12 and deposited in Escrow at least one day prior to the Close of Escrow; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4, Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit D. 2.4.2 Seller's Deposits. Seller shall deposit: 3 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651833 1 (a) The Grant Deed in the form of Exhibit C attached hereto: and (b) The Easement Deed in the form of Exhibit G attached hereto and incorporated herein; and (c) The Quitclaim Deed in the form of Exhibit H attached hereto and incorporated herein; and (d) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit E attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (e) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2A.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 2.5. Closing. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Property less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Property as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed in the Office of the County Recorder of the County,(ii) record the Easement Deed (iii) pay any transfer taxes, (iv) instruct the 4 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651833 1 County Recorder to return the Grant Deed to Buyer, (v) instruct the County Recorder to return the Easement Deed to the Buyer, (vi) distribute to Seller the Purchase Price, and (vii) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of Escrow, paid through Escrow proceeds, based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Seller may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as Buyer is a public agency exempt from payment of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary information to the Assessor's office in connection with such request for refund. 2.5.4 Title and Possession, Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions- 2-6- Failure to Close: Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 2.7. As-Is. Buyer represents and warrants to Seller that Buyer has independently and personally inspected the Property and that Buyer has entered into this Agreement based upon such personal examination and inspection, subject to Seller's representations and warranties and covenants under this Agreement. Buyer agrees that it shall accept the Property at Close of Escrow in its then condition AS-IS, WHERE-IS, and WITH ALL FAULTS ACCEPTED, including without limitation, those faults and conditions specifically referenced in this Agreement. Buyer acknowledges that neither Seller nor its agents have made any representation or warranty, except for those set forth in this Agreement, express or implied, written or oral to Buyer or any agent of Buyer with respect to any matters concerning the Property. Buyer acknowledges that except as set forth in this Agreement, any oral or written information supplied by Seller to Buyer in respect to the Property was intended by Seller, and has 5 ROW, 1.10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L P. 651833 1 been used by Buyer, solely as a basis for Buyer to conduct its own investigation and analysis of the Property and Buyer has not relied on any such written or oral information supplied or provided by Seller to Buyer. 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Repo . Within three (3) business days after the Opening of Escrow, Stewart Title (the "Title Company") will furnish Buyer with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". It shall be the sole responsibility of Buyer to work with the Title Company to remove any Disapproved Exceptions, and if unsuccessful shall either purchase the Property subject to the Disapproved Exceptions or terminate the Agreement. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions, At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy", 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such possession and use- 6 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651833 1 3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations, Warranties and Covenants. Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Seller and, upon delivery to and execution by Buyer, shall be a valid and binding Agreement of Seller. 4.1.2 Leases. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.3 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow and shall survive the Close of Escrow for a period of one (1) year therefrom. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow- 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 7 ROW: 1-10 and Indian Interchange 1995 1.10 Indian Avenue Partners, L.P. csisa3.1 4.2.2 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow and shall survive the Close of Escrow for a period of one (1) year therefrom. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.2.3 Environmental Disclosure. Buyer acknowledges receipt of the letter provided by Seller dated October 22, 2001, from Marina Robertson, a California Registered Geologist, to the California Regional Water Quality Control Board regarding petroleum staining at the Property. 4.2.4 Remainder Parcel. A tentative or parcel map is not required for this transaction and acquisition of the Property pursuant to California Government Code § 66428(a)(2). The legal description for Seller's remainder parcel shall be as set forth in Exhibit F attached hereto and incorporated herein which legal description has been certified by an engineer. This remainder Parcel shall be a separate legal parcel with the initial APNs 666-330-068 and 666-330-059, which APNs may be subsequently changed at the discretion of the Riverside County Assessor, 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the City of Palm Springs and/or the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged s ROW; 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 6518131 pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6, BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. GENERAL PROVISIONS. 7.1, Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 7.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 7.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.A. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 9 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651933 1 7.6. Severability- If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby-, provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision, 7.7. Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7,9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall 10 ROW: 1-10 and Indian Interchange 1995 I-10 Indian Avenue Partners, LP, 651833,1 not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson 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 With a copy to: Attn: Craig Olsen Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4840 Telephone No.: (951) 955-4828 If to Seller, to: 1995 1-10 INDIAN AVENUE PARTNERS, L.P. c/o Ocean View Partners 3787 East 11`" Street Long Beach, CA 90804 Attention. Howard Chapman Phone Number: (562)434-9988 Anthony Ciasulli, Esq. Morgan, Lewis & Bockius, LLP 300 South Grand Avenue, 22nd Floor Los Angeles, CA 90071-3132 Phone Number: (213) 612-1324 Fax: (213) 612-2501 E-mail address: aciasulli@morganlewis.com 11 ROW, 1-10 and Indian Interchange 19951-10 Indian Avenue Partners, L.P. 651833 1 If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242-9886 Telephone No.: (949) 224-8606 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 7.14 CRY Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. This provision does not extend the Closing Date. [SIGNATURE PAGE FOLLOWS) 12 ROW: 1-10 and Indian Interchange 19951-10 Indian Avenue Partners, L.P. F$1833� IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER: SELLER: CITY OF PALM SPRINGS, a municipal 1995 1-10 INDIAN AVENUE PARTNERS, corporation, L.P., A CALIFORNIA LIMITED PARTNERSHIP B . David H. Ready, Hager BY: OCEAN VIEW PARTNERS, LLC, GENERALPARTNER ATTEST: BY: By Hdward n, Managing Member /games Thompson, City Cleric AM ROVED BY CITY COUNCIL APPROVED TO FORM: WOODRUF RADlLIN- & SMART �n•� 94 By: W/t Dodgla C. Holland, Esq., City Attorney Exhibit List Exhibit A Legal Description of the Property Exhibit B -- Depiction of Property Exhibit C - Form of Grant Deed Exhibit D Form of Certificate of Acceptance Exhibit E -Affidavit of Non-foreign Taxpayer Status Exhibit F -- Legal Description of Seller's Remainder Parcel Exhibit G -- Form of Easement Deed Exhibit H Form of Quitclaim Deed 13 ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P r5iv„ 1 ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: STEWART TITLE By.- Name: Its- G51833 1 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS- ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 651933 1 ASSESSOR'S PARCEL NO.'S 666-330-059, 666-330-060, Exhibit"A° 666-330-068, & 666-330-069 PARCEL 21502-1 For State Highway purposes, that portion of Parcels 5 and 6 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows; BEGINNING at the Northwest corner of said Parcel 6; thence (1) along the Northerly line of said Parcels 5 and 6, and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, S,84044'56"E., 98 195 meters to the beginning of a tangent 695.580 meter radius curve to the right; thence (2) continuing along said Northerly line of Parcel 5, and said Right-of-Way line, along said curve, through a central angle of 5W'36", an arc length of 59.181 meters; thence (3) leaving said Northerly line and said Right- of-Way line from a tangent which bears N.71040'42"E., Southwesterly along a 57.OD0 meter radius curve to the left, through a central angle of 78°35'42", an arc length of 78,189 meters; thence (4) 3.06055'00"E., 59,169 meters; thence (5) 5.69g50'09"E., 31.579 meters; thence (6) 3,13°50'52"W., 7.966 meters to a point in the Southwesterly line of said Parcel 5, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) S 76°08'20" E, 27.756 meters from the Southwest corner of said Parcel 5; ihence (7) along said Southwesterly line Page 1 of 3 of said Parcels 5 and 6, and said Northeasterly Right-of-Way line N.76008'20"1N-, 137.513 meters to the Southwest corner of said Parcel 6; thence (8) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 6 N.13051'40"E., 6.064 meters to an angle point therein; thence (9) N. 09`56'51" W 0.242 meters; thence (10) leaving said Westerly line 5.76009'08"E., 28.860 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (11) along said curve, through a central angle of 115'19'56°, an arc length of 30.194 meters; thence (12) NA 1029'04"W., 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (13) along said curve, through a central angle of 73°12'33", an arc length of 80.498 meters to a point in the Westerly line of said Parcel 6; thence (14) along said Westerly line N.0905651"W., 17.638 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Area = 10,598 sq. meters, 1.0598 hectares PARCEL 21502-01-01 Together with that portion of said Parcel 6, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 6; thence along the Westerly line of said Parcel S.09°56'51"E., 17.638 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Westerly line S.09056'51"E., 100.725 meters; thence (2) leaving said Westerly line 5.76009'08"E_, 28.860 Page 2 of 3 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (3) along said curve, through a central angle of 115019'56", an arc length of 30.194 meters; thence (4) NA 1°29'04"W., 39.164 meters to the beginning of a tangent 63 000 meter radius curve to the left; thence (5) along said curve, through a central angle of 73112'33", an arc length of 80.498 meters to the TRUE POINT OF BEGINNING. Area = 4,337 sq, meters, 0.4337 hectares The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Nic ael A. Havener, PLS 7354 Date Exp. 12-31-09 U �"p � .... � E+�.17J31/o•/ u, No,7354 ,tiq 9�FOF CAS-`F�� Page 3 of 3 ASSESSOR'S PARCEL NO. 666-330-059 Exhibit "A" PARCEL Cl-2 For Slope Easement purposes, that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of Califomia, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the Southwest corner of said Parcel 5; thence along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) 5.76008'20"E., 27.756 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southwesterly line and said Northeasterly Right-of-Way line N_13°50'52"E., 2.400 meters, thence (2) S.76°08'20"E., 15.122 meters; thence (3) SA3150'52"W.. 2.400 meters to a point on said Northeasterly Right-of- Way line; thence (4) along said Northeasterly Right-of--Way line N.76c08'20"W., 15.122 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the Califomia Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3 93711 2 0 0. Areaa = 36.293 sq, meters, 0.0036 hectares c0 LAND S A Fly GAG � ra Exp,1=1/oT No.7354 Michael A. Havener, PLS 7354 Date y `� Exp. 12-31-09 T4410j� CALF' Page 1 of 1 EXHIBIT B DEPICTION OF PROPERTY Row, 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. rsissa 1 EXHIBIT " B " "Q1" UNE lj\J T ErlS TAT2 JD (CS MAP 204-483) APPROXIMATE LOCAT10H OF UNE AS SHOWN ON ASSESSOR PREVOUS CALTRANS R/W SHEET 666-33 & ACCESS CONTROL 21502-1 j �? 666-330-Ofi9 J 2J 18 2S P ' r 1^rL J n 9 -p �,r) 666-330-068 r t'1, BAR, 6 P�1F1. � /7 666-330- 060 ` REMNANT 666-330-059 �r 21502-01--01 NEW U CALTRANS R/W & ACCESS CONTROL LEGEND STATE RIGHT--OF-WAY ACQUISITION AREA = 10,598 SQ. METERS (1,0598 HECTARES) �p GAll SL T ACCESS PROHIBITED :4��qF A PREVIOUS ACCESS CONTROL 7 p P 0.0. POINT OF BEGINNING EXP. 31 DEC 09 T.P.O.S. TRUE POINT OF BEGINNING R � R/W RIGHT-OF-WAY f aF CA1"1F0 :€ DISTANCES ARE IN METERS UNLESS OTHERWISE NOTED. MULTIPLY DISTANCES CITY OF PALM SPRINGS PAR. NO.: 21502-1 & 21502-01-01 BY 1,00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHA14CE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE4-15-09 SHEET 1 OF 3 SHEETS tCs MAP 483 PA•9 2D4 i 21502�M1 8n l o NW GOP ram• o i 1 r P AR. 6 � 5 84'44'56' E 98.195 m ar ^� � 4 f T,P.0.6.T FRpUS CALTKAOL RfW 2D.670 m ` C4 rt R NAN & A'mss PAR�L s\ w I ! 330-059 y U 666^ apPROXIM OF � LOCATION Q rl S sN s. NE A O �I .. ON 666Q ll � SNEE7 33 z 1 )) EY p 56 1v9 RF)A Y rn 666-330-059 rs NAN r�rI. 21502-01-0M1 rn.; w rr 4337 S0. METERS S, ARE`0.4337 HECTARE') I B y `Rl �' m NENGCESS ONTRO ,•c� [}E{f111. �gp 1's �y y066r� AS :TV-5HEE� � 1N y � p�TA1L 'A> Iq �� I �•IE� 3 3 arc S 76'D9'C8' E "' � 1 If 28,860 m i E \ t f ci RWFER \ J qM i62f18 PM 23 N 2009"t8" W Ld r LOT 'H" PER P N 76.08'20' W c3 109.757 m 6.312 m e�1L6 C3 M 162j18-23 137.513 LOT 'G' PER PM 162j18-23 LOT 'F' P d ,..- -� GARNETPAIVEP�(1E t8.288 m (fi{1') RjW PER SK, 2129, PG• 809 REC, AUG, E 96 6, 7957 O.R. p uNE 00 21502--Oi=01 % NOTE: Fog T U A SEE SHEET 3, n1 pAR• x0.:2T5D2-1 CURVE SPRt�hGS PREPARED BY KA/MH GE SCALE NOY TO sGAIS DISTANCES ARE IN A{E CES UE IN�RCHAN 15-09 �T 2 DP 3 SNEET NOTm• OBTAINOLMPLY GRO NO 10 ND1AN A DATE•A- 01NE 00002594 TOART METERS PROJECT, I- S cL IQ ON OISURVEY F001 uLmI l TO US. 8Y 3437/ DtSTANC-S TABULATED CURVE DATA TABULATED LINE DATA CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH C1 5'41'36' 595.580 m 59.131 m L1 N 9'56'51" W 17.fi36 m C2 78'35'42" 57.000 m 78,189 m L2 N 956'51" W 1DD.725 m C3 11519'56" 15.000 m 30.194 m L3 5 69'50'09" E 31.579 m C4 073'25" 595.580 m 2.326 m L4 S 69'5O'09" E 31,475 m C5 73'12'33" 63.000 m 80.498 m 1-5 S 06'55'W E 59.169 m L6 N 13'51'40" E 6190 m REMNANT r) 21 5 0 2-01-01 f�s�8.6a°g"£ m r o, Np p NV Na .y. 4'ulAj in P o r� �y I-� n r `4� f ryfr'1, pNQ r r' 1JF +J ir- 0.346 m LA r �2 p A.P, 8 N O6'55'00� W �' 6g� 1O104 t L4 009 10 21502-1 Nam_r �� 9.757 fi m� a �13 j53` LOT NN 7s�8Z0;nW�� DETAIL •a• LOT "G• PER po 1 2/I$sz '8 23 NOT TO SCALE NOT TO SCALE DISTANCES ARE IN METERS UNLESS C{T{ OF P� SPR�idGS PAR, No,:21502-1 21502-o1-D1 OTHERWISE NOTED. MULTIPLY DISTANCES 6Y LODO02594 TO OBTAIN GROUND PREPARED 6Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATER 15-09 HEET 3 OF 3 SHELT U�J7�psyATTS EXHIBIT " B " (CS MAP 204-.453) ZL7 Ar{, � E4 P,0,C, APN 666-330-059 S.W. COR. PAR. 5 v CI-2 � A Pu 162/13 ]~ 5 r a Lor , P :R Pdf G� iB2/78-23 .�l�ll Jn`�115�2� >�� �� q �ENU� p r DETAIL `A` �r'Lri. J ri il r� NOT TO SCALE APN 666-330-059 TABULATED LUTE DATA LINE BEARING LENGTH SEE DETAIL °A" L1 S 76'08'20' E 27.75E m ty N 13'50'52' E 2400 m E L3 S 76'08'20" E 15.122 m „`-, ' f7 L4 S 13'50'52" W 2.ADO A: PER L5 N 76'OB'20" W 15.122 m a / 182/18 Pk E \` P M CI-2 Cy�Rkr��fR pU 16zf�T8_23 E PEy P" 162/18_23 cd fso� Rlw / LEGEND2s� LAND ^�RLf SLOPE EASEMENT AREA = 36.3 SQ. METERS (0,0036 HECTARES) EXP. 31 DEC 09 P-O.C, POINT OF COMMENCEMENT TP.O.B. TRUE POINT OF BEGINNINGOF CA 1F0� P Cl CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS COQf PAI�Ui SPRINGS PAR. NO. : CI-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY, KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: (-10/INDIAN AVENUE INTERCHANGE SCALE. NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 3-27-09 SHEET 1 OF 1 SHEET EXHIBIT C FORM OF GRANT DEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 GRANT DEED APN:666-330-059,666-330-060,666-330-068,66-330-069 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereinafter called "Grantor" hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, hereinafter called "Grantee" the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantors remaining property in and to said freeway. ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. 651833 3 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record_ SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered goverr.mental entity, whether or not of record. S. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY; OCEAN VIEW PARTNERS, LLC, GENERAL PARTNER BY: Howard Chapman, Managing Member ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. GSi 3.1 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(1es), and that by his/her/their 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. Signature My Commission Expires: This area for official notarial seal ROW:1-10 and Indian Interchange 1995 1-10Indian Avenue Partners,L.P. G51E3i,1 ASSESSOR'S PARCEL NO.'S 666-330-059, 666-330-060, Exhibit"A" 666-330-068, &666-330-069 PARCEL 21502-1 For State Highway purposes, that portion of Parcels 5 and 6 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwest comer of said Parcel 8; thence (1) along the Northerly line of said Parcels 5 and 6, and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, 5.84044'56"E., 98 195 meters to the beginning of a tangent 595.580 meter radius curve to the right; thence (2) continuing along said Northerly line of Parcel 5, and said Right-of-Way line, along said curve,through a central angle of 5041'36', an arc length of 59,181 meters; thence (3) leaving said Northerly line and said Right- of-Way line from a tangent which bears N.71040'42"E., Southwesterly along a 57.000 meter radius curve to the left, through a central angle of 76035'42", an arc length of 78.189 meters; thence (4) 5.06055'00"E., 59 169 meters; thence (5) 5.69650'09"E., 31.579 meters, thence (6) 5.13°50'52"W„ 7.966 meters to a point in the Southwesterly line of said Parcel 5, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13,411 meters Northeasterly, as measured at right angles from centerline) S 76`08'20" E. 27.756 meters from the Southwest corner of said Parcel 5; thence (7) along said Southwesterly line Page 1 of 3 of said Parcels 5 and 6, and said Northeasterly Right-of-Way line N.76008'20"W., 137.513 meters to the Southwest corner of said Parcel 6; thence (8) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 6 N 13651'40"E„ 6.D64 meters to an angle point therein, thence (9) N. 09'56'51" W 0.242 meters; thence (10) leaving said Westerly line S.76009'08"E., 28,860 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (11) along said curve, through a central angle of 115°19'56", an arc length of 30,194 meters;thence (12) N.11°29'04'W., 39,154 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (13) along said curve, through a central angle of 73012'33", an arc length of 80.498 meters to a point in the Westerly line of said Parcel 6; thence (14) along said Westerly line N.09056'51"W., 17.638 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Area = 10,598 9q. meters, 1.0598 hectares PARCEL 21502-01-01 Together with that portion of said Parcel 6, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 6; thence along the Westerly line of said Parcel S.0905651"E., 17,638 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Westerly line S 09056'51"E., 100,725 meters; thence (2) leaving said Westerly line S.76°09'08"E., 28.860 Page 2 of 3 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (3) along said curve,through a central angle of 115*19'56", an arc length of 30.194 meters; thence (4) N.11°29'04"W , 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (5) along said curve, through a central angle of 73°12'33", an arc length of 60.498 meters to the TRUE POINT OF BEGINNING. Area = 4,337 sq. meters, 0.4337 hectares The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, hone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200, Mictael A. Havener, PLS 7354 Date Exp. 12-31-09 y � ti � F_xp.17J311o') U,� No.7354 Q 9TF�F Page 3 of 3 EXHIBIT " B �9 'D1" LINE— INJ r'-fcii7JAJ r L I� (CS MAP 204--4E3) APPROXIMATE LOCATION OF W SHEET 666-33 LINE AS SHOWN ON ASSESSOR PREVDUS CALTRANS R do ACCESS CONTROL / 21502-1 5fi6-330-069 � t7r'1rri� -PArR a n _ J 666-330-068 666-330- 060 L— mil" REMNANT 666-330-059 21502-01-01 NEW + , CALTRANS U R/W & ACCESS CONTROL -LEGEND STATE RIGHT-OF--WAY ACQUISITION AREA = 10,598 SQ. METERS (1.0598 HECTARES) Ea LAND Sb T ACCESS PROHIBITED �C�` r�4 A .4�.�•o T PREVIOUS ACCESS CONTROL P.O.B. POINT OF BEGINNING EXP. 31 DEC 09 T.P.O.B. TRUE POINT OF BEGINNING sTgy No, 735A p?�� e R/W RIGHT-OF-WAY £OF CAI-14O -g DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR- NO.: 21502-1 & 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY- KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. OATE:4-15-09 SHEET I OF 3 SHEETS NWGOR_ ID W PAR. 6 (CS MAP 204-483) i� Wl1Jw r- S 84-44'56- E i 21502-1 98.195 m n! (a REMNANT PREVIOUS CALTRANS R/W C7 2! 1z ` PARCEL & ACCESS CONTROL 2D,67D NEW CALTRANS R/W �( C4 h ACCESS CONTROL �' P,Ai, -102J 1.� 23 J r1s 666-330-D69 nl y 9� � �ti 666-330-068 ,£\ CE: z I ao C r w APPROXIMATIET �y /� �+ �• LOCATION OF LINE AS SHOWN 666-330-060 ON ASSESSOR N 30.56" SHEET 666-33 REMNANT 21502-01-Ol m w � 4-N AREA = 4337 SO, METERS rn 1 — (0.4337 HECTARES) ' w !� '- 666/-1l-330-059 CS SEE l "B N Tg30>�56��(R) 3 3 q PARIJ 5 NEW CALTRANS R/W S28 ,09Og / & ACCESS CONTROL o r �6p m l �) I SEE DETAIL "A" R/W PER PM SHEET 3 LOT Hr 162/18-23 n ry PER P 7 2/18ro230. W _M 109,757 N 2p 6,10 L4 Vq m 72 m � ? 'E'R 81(21(60) R/W / LOT `G. PER7Pk 21'1 - L36 ^REq AuQ 6 7 j 50g r 2.3 Lgon F•PER `a O.IZ 'C p 7,sz/1B_23� S' h Vr p NOTE: FOR TABULATED LINE AND CURVE DATA SEE SHEET 1 DISTANCES ARE IN METERS UNLESS C�� a� PALMSPRINGSPAR, NC.•21502-7 k 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED 6Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DAZE 4-15-09 HEET 2 DF 3 SHEETS TABULATED CURVE DATA TABULATED LINE DATA CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH C1 5'41'36" 595.560 m 59.181 m L1 N 9'56'51" W 17.63B m C2 78'35'4P" 57-ODD m 78.189 m L2 N 9'56'51` W 100.725 m C3 11519'W 15.000 m 30.104 m L3 S 69'50'09" E 31,579 m C4 013'25' 595.580 m 2.326 m L4 S 69'50'09" E 31,475 m C5 73-12'33' 63.000 m 80.498 m 1_5 5 06'55'00" E 59.169 m L6 N 13'51'40' E 6.19D m REMNANT r 21 50 2--01-01 N z S 8660 F P P NCn, NO ca-S t 0.346 M4 s w, N 06'55'00� I1 x n 21502-1 N6g p10 /1 0 `l 3p0g W Z C4 L3 �ti. 109.752 M S'3 ° IJ7513~ ` Lor N76!og2071VA � DETAIL "A` COr PER PIf M 2h86 78_23 NOT TO SCALE DETAIL 'Bu NOT TO SCALE DISTANCES ARE IN METERS UNLESS (�� a� p1�1 SPRINGS PAR. N0.:21502 1 k 21502-01-Dt OTHERWISE NOTED. MULTIPLY DISTANCES BY I.OD002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-1O/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES 9Y 3937/1200. DATE:4-15-09 MEET 7 OF 3 SHECT EXHIBIT D CERT/F/CA TE OF A CCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed from Grantor, dated , 20 , to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of 20_, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20_ ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. 6'5181l I EXHIBIT E DO NOT RECORD_ TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-1=0REIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) Is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U, S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is C. The Transferor's address is 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4_ The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. 6s1x0.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B, any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in County, State of on Transferor.- By: Title: ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. (51$311 EXHIBIT F LEGAL DESCRIPTION OF SELLER'S REMAINDER PARCEL ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. 651633 1 ASSESSOR'S PARCEL NO.'S 666-330-059, 666-330-068, Exhibit°A" & 666-330 060 REMAINDER PARCEL Those portions of Parcels 5 and 6 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, lying Easterly of a line more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 6; thence along the Northerly line of said Parcels 5 and 6, and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, 5.84044'56"E., 98.195 meters to the beginning of a tangent 595.580 meter radius curve to the right; thence continuing along said Northerly line of Parcel 5, and said Right-of- Way line, along said curve, through a central angle of 5041'36", an arc length of 59.181 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Northerly line and said Right-of-Way line from a tangent which bears N.71°40'42"E., Southwesterly along a 57.000 meter radius curve to the left, through a central angle of 7S°35'42", an arc length of 78.189 meters; thence (2) S.06°55'00"E., 59.169 meters; thence (3) 5.69050'09"E., 31.579 meters; thence (4) S.13°50'52W-, 7.966 meters to a point in the Southwesterly line of said Parcel 5, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline), said point being the POINT OF TERMINATION. Page 1 of 2 Area = 6,942 sq. meters (74,723 sq. ft.), more or less. The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. 1 /o//iLo Michael A. Havener, PLS 7354 Date Exp. 12-31-09 54'�BAN D SG'p A. Hq`fi GFj � a Exp.12/31/01 rz N Np.7354 Q 9TFOF CA4\FQ) Page 2 of 2 P.O.B.NW COR. EXHIBIT " B " PAR. 6 jf\f � r): �r ri r� 1 -Io N 10'56'40' E (R) (C MAP�~ 04- S 844456" E 985195 m2� 483) J _ _ _ _( ) _ T.P.0.8. \ N 1110'05" E R R^595560 m ~ �t 1 4 541;36W 1 \ L=59.181 \ m z� \ w1 �\ 666-330-068 �\ �5t0 GANDA. y GAL \ 4 APPROXIMATE \ LOCATION OF \ LINE AS SHOWN G ~ \ ON ASSESSOR o. EXP. 31 DEC 09 \_ SHEET 666-33 S tr CA0 \\ 666-330-059 PAIR, 4 666-330-060 \\ G p f1 r� J r !"L. \ NEW CALTRANS R/W \ & ACCESS CONTROL m FOR TABULATED LINE AND \ � SEE DETAIL 'A" 3 CURVE DATA SEE SHEET 2. \\ SHEET 2 - , Eo F L w ^7 � rn P.O.T. LEGEND GARNET REMAINDER PARCEL `F a ^ AREA = 6,942 SO. METERSNUr R/w PER (74,723 SO. FT.) C 162/18_2J M T-FT-FTTr ACCESS PROHIBITED i$288 P.O.B. POINT OF BEGINNING PER 8K m (60) R T.P.O.B. TRUE POINT OF BEGINNING REC. AOG�6 91�' 09 � R/W RIGHT--OF-WAY *LINE AND CURVE DATA ARE INFORMATIVE ONLY, AND DO NOT TAKE PRECEDENCE OVER THE P.O.T. POINT OF TERMINATION LOCATION OF FOUND ORIGINAL MONUMENTS DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO.: OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DA1E10--15-09 HEEf 1 OF 2 SHEETS TABULATED CURVE DATA TABULATED IJNE DATA CURVE DELTA RADIUS ILENGTH LINE BEARING LENGTH Cl * 0-13'25" 595.580 m 1 2.326 m L1 S 06'55'00" E 59.169 m C2 78'35'42" 57.000 m 78.189 m L2 S 69'50'09" E 31.579 m L3* S 76'08'20' E 40.767 m L4* N 13'51'40" E 6.096 m �\A P\A \ \ l���rs rrJ �A jr-31 0.346 m 0.104 m* 42 _A \ Vo \ DQAIL W_ NOT TO SCALE LEGEND REMAINDER PARCEL AREA = 6,942 SQ. METERS (74.723 S4. FT.) ACCESS PROHIBITED P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING R/W RIGHT—OF—WAY *LINE AND CURVE DATA ARE INFORMATIVE ONLY, P.O.T. POINT OF TERMINATION AND DO NOT TAKE PRECEDENCE OVER THE LOCATION OF FOUND ORIGINAL MONUMENTS DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR, NO_: OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:10--15-09 HEFT 2 OF 2 SHEETS EXHIBIT G FORM OF EASEMENT DEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 12.375\120408\001PG\COJw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 SLOPE EASEMENT DEED APNs:666.330-059 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, a perpetual slope easement over, under, including, but not limited to, maintenance, construction, operation, reconstruction, including ingress and egress for the real property in the County of Riverside, State of California, described as: See Exhibit"A" and "B" attached hereto and made a part hereof TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and ROW: I-10 and Indian Interchange 1995 1-10 Indian Avenue Partners,L.P. 651X13 1 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant' under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENERALPARTNER BY: Howard Chapman, Managing Member ROW:1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. G51h71 1 ASSESSOR'S PARCEL NO. 666-330-059 Exhibit W PARCEL CI-2 For Slope Easement purposes, that portion of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Khaps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the Southwest corner cf said Parcel 5; thence along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13-4.11 meters Northeasterly, as measured at right angles from centerline) S.76008'20"E., 27-756 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Southwesterly line and said Northeasterly Right-of-Way' line N.13050'52"E., 2.400 meters; thence (2) S.76008'20"E., 15.122 meters; thence (3) S.13050'52"1N., 2.400 meters to a point on said Northeasterly Right-of- Way line, thence (4) along said Northeasterly Right-of-Way line N.76008'20"W., 15.122 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the Califomia Coordinate System of 1983, Zone 6, To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 36293 sq. meters, 0.0036 hectares n G M 0 .✓ fY'` 1�- U�-Oq N Na,7354 Mich el A. Havener, PLS 7354 Date Exp. 12-31-09 Dp F � CAGE 0 s'• Page 1 of 1 rl� � J� EXHIBIT 2$ Bpp (CS MAP 204-463) n7 r�rri. �J P,0,C, APN 666-330-059 ~~� S.W. COR. L PAR. 5 CI-2 LOT =G J� T �JU pM 762/16£23 'z T.P.0.S. _ LOT e pM 76217,23 DETAIL °A° I 4 NOT TO SCALE APN 666-330-059 FAIR,, TABULATED LINE DATA LINE BEARING LENGTH SEE DETAIL `A° L1 S 76"06'20" E 27.75E m f7 L2 N 1330'52" E 2,40D m ar L3 S 76'06'20" E 15.122 m L4 S 13'50'52" W 1400 m L5 N 76'06'20" W 15.122 m COT A� .G P CI-2 M 762 SR p ,q n �T LOT 18.2 M /VV PER ptd 4 p g m (6O} R / 76Z/1g-23� REC AU�2697 5C 09 r �E� 1"ANO SOP SLOPE EASEMENT AREA - 36.3 SO. METERS (0.0036 HECTARES) A XP. 31 OEC 09 P.O.C. POINT OF COMMENCEMENT T_P,O.B. TRUE POINT OF BEGINNING sT9TE of CAl1FOQa`4 a Cl CITY OF PALM SPRINGS PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRING pAR. NO. : CI�-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES_ TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE: 3-27-09 SHEET 1 OF 1 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss_ COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature My Commission Expires: This area for official notarial seal ROW: 1-10 and Indian Interchange 1995 1-10 Indian Avenue Partners, L.P. 65191,1 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Slope Easement Deed from Grantor, dated , 20_, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of 20 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20 ROW: 1.10 and Indian Interchange 1905 1.10 Indian Avenue Partners,L.P. 65 M.1.l EXHIBIT H FORM OF QUITCLAIM IDEED RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 12.3751120408\001 PMCO1w SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 QUITCLAIM DEED APN: 666-330-059 and 666-330-060 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLERS DECLARE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA PARTNERSHIP, hereby REMISES, RELEASES AND QUITCLAIMS to: CITY OF PALM SPRINGS, a municipal corporation, the following property in the County of Riverside, State of California, described as: See Exhibit "A" and "B" attached hereto and made a part hereof TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 01031 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant' under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: GRANTOR: 1995 1-10 INDIAN AVENUE PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: OCEAN VIEW PARTNERS, LLC, GENERALPARTNER BY: Howard Chapman, Managing Member 651$33 I QUITCLAIM Exhibit"A" (Adjoining APN'S 666-330-059, & 666-330-060) Lot "G"and that portion of Lot"F" dedicated for public street purposes per Parcel Map 2-1921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the Northwest corner of sard Lot"F"; thence along the Northeasterly fine of said Lot and the Northeasterly Right-of-Way line of Garnet Avenue (13 411 meters Northeasterly, as measured at right angles from centerline) S 76°08'20"E., 27-756 meters to the TRUE POINT OF BEGINNING; thence (1) leaving said Northeasterly line S.1Y50'52"W., 0-457 meters to a point on the Southwesterly line of said Lot"F" (12.954 meters Northeasterly, as measured at right angles from centerline); thence (2) along said Southwesterly line and continuing along the Southwesterly line of said Lot"G" N.76108'20'"W-, 137.513 meters to the Southwest comer of said Lot "G"; thence (3) along the Westerly line of said Lot"G" N.13°51'40"E., 0.457 meters to the Northwest comer Of said Lot "G"and a point in said Northeasterly Right-of-Way line; thence (4) along said Northeasterly Right-of-Way line and the Northeasterly line of Lot"G" and continuing along the Northeasterly line of Lot 7' S.76'08'20"E., 137.513 meters to the TRUE POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Page 1 of 2 Area = 62-843 sq. meters, 0.0063 hectares GAND JO � FLA, N9W G^ .._. 7 -1�cw-rv�t -- - '-1 • OZ-C9 `' F. .12131/o a Michael A. Havener, PLS 7354 Date Exp- 12-31-09 LPq No,7354 �q T�OF CAL�F�¢ Page 2 of 2 EXHIBIT 99B9! L(, PAS, a 162l18 23 W sss-33o—n6a 0 h� s� PAr i J fiSfi-330-059 S 76.08.2D" E P.O.0 N.W. . LOp •G. P N COR. Lor H. PER, M6 B6 6� 1 82Z3 IVjn7 PAf 8 m R/W PER /'� A(r S 513 PMB 162/18-23 1•� ' vL rn ry 137513 rn ~Z75T.P.0�.6.6 SE-- 1l4 7,rc' __1-6 407 R? A 71 3 IS, R !r r � 1g,288 w r C' AUG. g1 957 OSBDg RAP R 5 5� J r �, J r, is� r T1 1. t�I J ' a J, .IV, AND A. LEGEND QUITCLAIM AREA EXP. 31 DEC 09 AREA = 62.8 SO. METERS (0.0063 HECTARES) s, Y P.O.C. POINT OF COMMENCEMENT T9�C OF CA0F0E�� 0 r� T-P.D_D. TRUE POINT OF BEGINNING �� DISTANCES ARE IN METERS UNLESS GEC, QE P> SPRINGS PAR, N0. OTHERWISE NOTED. MULTIPLY DISTANCES SY 1.00002594 TO OBTAIN GROUND PREPARED SY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 4--1-09 SHEET 1 OF 1 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature My Commission Expires: This area for official notarial seal 451ft.43 I CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Quitclaim Deed from , Grantor, dated , 20 to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of 20 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPIRINGS By: Name: James Thompson Title: City Clerk DATED: 20_ 65183,i 1