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HomeMy WebLinkAboutA5531 - DILLON WIND LLC ENCROACHMENT LICENSECertificate No: 570107253446 City of Palm Springs P.O. Box 2743 Palm Springs CA 92263 USA Monday, July 15, 2024 To whom it may concern: RECEIVED JUL 2 2 2024 OFFICE OF THE CITY CLERK SON Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570107253446) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 1"_i■I3*mi' n IN AEI RO CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYYY) am s/zaza THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER AOn Risk Services Northeast, Inc. Providence RT Office RECEIVED CONTACT NAME. WC. No. EXD: (866) 283-7122 AIC. No.: (800) 363-0105 EMAIL ADDRESS: 100 Westminster street, 10th Floor Providence RI 02903-2393 USA INSURERS) AFFORDING COVERAGE NAICN JUL 22 2024 INSURED INSURER A: Zurich American II1s Co 16535 Dillon Wind LLC 2701 NW Vaughn st, Ste 3000FFICE OF THE CITY CLERK Portland OR 97210 USA INSURER B: INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570107253446 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested lmbH LTR TYPE OF INSUflANCE INSD Writ) NUMBER All MM/OD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE PREMISES Ea occurrence ff:1— MED EXP (Any one person) PERSONAL& ADV INJURY GEN'L AGGREGATE LIMITAPPLIES PER: POLICY ❑JECPRO T ❑LOC OTHER. GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY COMBINED SINGLE LIMIT i n BODILY INJURY ( Per person) BODILY INJURY (Per accdenl) PROPERTY DAMAGE Per accident UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE DED RETENTION A WORKERS COMPENSATIONANO EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER: EXECUTIVE Y/N OFF CER/MEMBER EXCLUDED' FIN�NIA (Mandatory In NH) K yes, describe under DESCRIPTION OF OPERATIONS below WEI 4 14 O6 Ol 4 6 1 20 $ X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE EA EMPLOYEE $1, 000, 000 E.L. DISEASE -POLICY LIMIT $1,000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ADDED 101, Additional Remarks Schedule, may Ue attached it more space is required) O Z d) W U ry U CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE P.D. Box 2743 Palm Springs CA 92263 USA 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE °ATo`6o "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, car certificate does not confer rights to the certificate holder in lieu of such endorsem PRODUCER - - Aon Risk services Northeast, Inc. Providence RI office 100 Westminster street, 10th Floor Providence RI 02903-2393 USA CONTACT NAME: (AC. No. Er E-MAIL ADDRESS: INSURED Dillon Wind LLC 2701 Nw Vaughn St, Ste 300 Portland OR 97210 USA INSURER A; INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: may require an INSURERS) AFFORDING COVERAGE rich American Ins cc �s or be enaorsea. N A statement on this NAIC If THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE: AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN. REDUCED BY PAID CLAIMS. .Limits shown are as, requested LTR TYPE OFINSURANCE INSO WVD POLICY NUMBER MNVODIYYY MMODN"In LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACHOCCURRENCE NiLu PREMISES Ea occurrence MED EXP (Any one person) PERSONAL a ADV INJURY GEMLAGGREGATE LIMITAPPLIES PER: POLICY �JERCT �LOC OTHER: GENERALAGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANYAVTO OWNED PSCHEDULED AUTOS HIREDA ONLY NON -OWNED ONLY AUTOS ONLY '. COMBINED SINGLE LIMIT (Ea acadenn BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTYDAMAGE Perac6denl . UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED I IRETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 0Y PROPIETOREXCLUDEpTEXECUIVE EN (Mandatory in NH) Dyyet describe under— - — ESdRIPTIONOFOPERATiONSbelow N/A -- - wc134581403 - - - 0 O1 024 0 O1 025 - - X PERSTATUTE I I ETRH- E.L. EACHACCIDENT $1,000,000 E.L DISEASE -EA EMPLOYEE $1,000,000 E.L DISEASE -POLICY LIMB $1, 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IT more apace Is required) This insurance is primary and non-contributory over any insurance or self-insurance the city may have. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. . city Of Palm springs AUTHORIZED REPRESENTATIVE P.O. Box 2743 Palm springs CA 92263 USA v .c v `a a 0 2 ©1988-2015 ACORD.CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570106418340 City of Palm Springs P.O. Box 2743 Palm Springs CA 92263 USA RECEIVED JUN 2 4 2024 Tuesday, June 18, 2024 AON OFFICE OF THE CITY CLERK To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570106418340) for future renewals: - Visit aon.com/e-cert; or - Utilize the OR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 ■ eb_ M 0 DOC # 2008-0021574 01/15/2008 08:00p Fee:NC Page 1 of 35 Recorded in Offyeiai Records County of Riverside Larry W. Ward FREE RECORDING REQUESTED BY assessor, County Clerk d Recorder AND WHEN RECORDED MAIL 70: 1111111111111CITY OF PALM SPRINGS 111111111111111111111111111111111111111111111111111� P.O. Box 2743 S R U PAGE SIZE DA MISC LONG RFO COPY Palm Springs, California 92263-2743 Attn: City Clerk and Public Works and Engineering11 M A L 1 465 1 426 PCOR NCOR SMF NCH 'm G( G gg 1 Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) ENCROACHMENT LICENSE W k (ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES) 801 THIS ENCROACHMENT LICENSE (the "License") is entered into this ;L.9 day of bbYeAl 8 2007, by and between Dillon Wind LLC, an Oregon Limited Liability Company ("Licensee") and the CITY OF PALM SPRINGS, a California charter city ("City"). RECITALS: A. Licensee is the Lessee of various real properties located in the City of Palm Springs, County of Riverside, State of California identified by Assessor's Parcel Number (APN) 668-280-005 & (APN) 668-270-010, by that certain Land Lease dated AA recorded as Document No. 11q_ 327 recorded on records of Riverside County, attached hereto as Exhibit "A" and incorporated h rein by reference ("Licensee Property"). B. City is the owner of certain fee and/or easement interests in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Applicant Property and more particularly described and shown on Exhibit "B" ("City Property"). C. Licensee desires to construct approximately 1600 lineal feet of underground direct burial high voltage conductors in a slurry trench backfill, hereinafter referred to as "Encroachment", which will encroach on the City property in the location described and shown on Exhibit "C", attached hereto and incorporated herein by reference (the "Encroachment Area")- D. City has agreed to grant to Licensee an encroachment permit ("Permit") for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee executes this License. NOW THEREFORE, the parties hereto agree as follows: 1 1.0 License, The City hereby grants a License to Licensee to construct the Encroachment within the Encroachment Area upon all of the terms and conditions of the Permit and this License. 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time, in no event to exceed ninety (90) days following the execution date of this License. Before beginning any physical work on the Encroachment, Licensee shall notify City that construction of Encroachment will be commenced, at least twenty-four(24) hours prior to commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. Encroachment within Diablo Road from Dillon Road south to the Wintec Energy substation will consist of slurry backfill as per SLURRY TRENCH DETAIL shown as Exhibit"C", sheet 3 of 4. Encoachment crossing Dillon Road and crossing Diablo Road between 16th Avenue and Dillon road will be bored as per BORE SLEEVE DETAIL, shown as Exhibit "C, sheet 4 of 4. The bore sleeve will be stainless steel per specifications. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Public Works and Engineer and Department of Building and Safety, before Licensee commences construction of Encroachment within the Encroachment Area, or commences construction of any work on Licensee Property, 4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the Encroachment Area in a neat, clean, first class condition and in good order and repair, free of trash and debris at all times. As the Encroachment Area consists of public street rights-of-way, the Licensee shall ensure that any excavations, trenches, and backfill and repaving of trenches excavated by Licensee for the Encroachment are maintained as required by the City, in accordance with applicable City standards or as directed by the City Engineer. Licensee hereby agrees to perform such additional repairs and/or maintenance work in the Encroachment Area within fifteen (15) days notice from City. Licensee shall have access across the City Property at all times while the License is in effect solely for the purposes as noted in Section 3. In the event that Licensee does not maintain the Encroachment as required herein, the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice,to make such repairs or perform such maintenance as is required. If City performs the required repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the repairs and/or maintenance work performed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days notice from City shall automatically terminate the License herein granted. 2 IIII II I IIII III (IIII IIIIII III III IIIII IIII III 01 29t?8 eee es 00P 2 0£ 35 4.1 Construction by Others within Encroachment Area. Licensee hereby acknowledges that the License herein granted by City is non-exclusive, and that City may grant subsequent encroachments within the Encroachment Area to other parties, including public utility companies, other governmental agencies, and private parties. Licensee hereby agrees to join and maintain membership with United Service Alert of Southern California (Dig Alert) for the entire term of this License, or until the Encroachment is removed, whichever occurs first. Licensee shall be required, pursuant to this provision of the License granted by City, to monitor notifications from USA/Dig Alert (1-800-227-2600) of excavations or other work within the Encroachment Area by public agencies or private parties that may directly affect Licensee's Encroachment. It shall be the Licensee's sole responsibility to adequately mark, identify, and locate its Encroachment within the Encroachment Area for any and all public agencies or private parties who have duly notified USA/Dig Alert of excavations or other work within the Encroachment Area. Failure of Licensee to timely and/or correctly mark, identify, and locate its Encroachment within the Encroachment Area shall be the responsibility of the Licensee. Licensee shall indemnify, hold harmless, and release City from all damages of any kind, due to damages incurred to its Encroachment within the Encroachment Area, including complete loss of the use and/or value of the Encroachment due to excavations or other work within the Encroachment Area by public utility companies, other governmental agencies, and private parties, including the City, who have duly notified USA/Dig Alert of their intention to excavate or perform other work within the Encroachment Area. Licensee acknowledges that this provision of the License granted by City releases City of any financial or other obligations to maintain the Encroachment within the Encroachment Area, and that Licensee shall be solely responsible for ensuring that its Encroachment is adequately protected for the entire term of this License. Licensee further acknowledges its Encroachment consists of a privately owned, underground, high-voltage electrical system, and its responsibility to ensure the Encroachment is identified and appropriately marked within the Encroachment Area to ensure future work within the Encroachment area does not result in injury or loss of life. Licensee hereby indemnifies the City from any and all liability, in accordance with Section 6 of this License, for any injuries or loss of life resulting from Licensee's failure to comply with the requirements of maintaining the Encroachment and ensuring its identification within the Encroachment Area through membership in USA/Dig Alert. 4.2 Relocation of Encroachment within City Right-of-Way. In the event of a conflict with an underground utility proposed by any public agency or private party whose proposed utility is approved for installation by City within the Encroachment Area, Licensee hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessary to remove any such conflict with an underground utility proposed by any public agency or private party. Licensee shall prepare relocation plans for the Encroachment and submit to the City Engineer, as well as the affected public agency or private party, for review and comment within thirty (30) days notice from City of the underground utility conflict. Licensee shall relocate the Encroachment, as directed by the City, pursuant to Sections 2, 3, and 5 of this 3 IIII�I IIIIIII IIII IIII I II III�III IIIII III II 11 IIII IIA ei 2008 eoe es eea 3 e� 35 License, except, however, that relocation of the Encroachment, as approved by City, shall commence no laterthan thirty(30)days approval of relocation plans forthe Encroachment by City. 5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, install, and maintain such lights, barriers, warning signs or other safety provisions as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safety provisions are not being provided by Licensee, the City may, after two (2) days notice from City to Licensee, provide, install and maintain such safety provisions. If the City provides the safety provisions pursuant to this Section 5, City shall submit an invoice to Licensee for payment of the safety provisions installed by City, including administrative fees, and Licensee shall pay such invoice received within thirty (30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days shall automatically terminate the License herein granted.. 6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its officers, agents and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) Licensee will defend any action or actions filed in connection with any of said claims or liabilities and will' pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless there from; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or otherclaims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred bythe City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys fees. 7.0 Covenants Running With the Land. The covenants and restrictions by Licensee set forth in this License: (a) are made for the direct benefit of the City Property; (b) 4 II II II I I II I IIII I II I III IIIII III IIIII IIII III 01 06 2 3 00R 4 a£ 6 will constitute covenants running with the land and equitable servitudes; (c)will bind Licensee and every person having any fee, leasehold or other interest in any portion of the Licensee Property at any time or from time to time; and (d)will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at anytime orfrom time to time. 8.0 Insurance. Licensee shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this License, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Licensee's use of the Encroachment within the Encroachment Area under this License. Insurance shall be kept in full force and effect during the term of this License, and shall not be cancelable without thirty(30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to City's approval of this License_ The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Licensee's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers_ 8.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least Two Million Dollars ($2,000,000) combined single limit coverage per occurrence. For any claims related to this License, Licensee's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Licensee's insurance and shall not contribute with it. 8.2 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class Vill, or better, unless otherwise acceptable to the City. 8.3 Verification of Coverage. Licensee shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this License. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before approval of this License. City reserves the right to require Licensee's insurers to provide complete, certified copies of all required insurance 5 III III II IIII IIIII I III 11111111111111111111 I 01 20?s5 of 0e 14 3557 5 00R policies at any time. Verification of Insurance Coverage may be provided by: (1) an approved General Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. 'The City of Palm Springs, its officials, employees and agents are named as an additional insured"("as respects Encroachment License No. 07-03" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have"("as respects Encroachment License No. 07-03" may be included in this statement). 3. "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before this License is approved. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS"WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." 8.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim 6 IIAIIII�IIIIIIIIIIIIAIII�llllllllllull111lull�lllllll 2AA6 sO R faWR administration, and defense expenses. 8.5 Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 8.6 Insurance Increase. Not more frequently than one (1) time every three (3) years, if, in the opinion of the City, the amount of public liability and property damage insurance coverage at that time is not adequate, the City may require modifications to the required insurance coverage in this Section 8. City shall notify Licensee, and Licensee hereby agrees to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30) notice from City. Failure of Licensee to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)days shall automatically terminate the License herein granted. 9.0 Termination. The License is terminable with or without cause by City at any time. Licensee shall remove the Encroachment and restore the Encroachment Area on the City Property to its former condition, at Licensee's sole cost and expense, within thirty (30) days notice from City. In the event Licensee fails to remove the Encroachment and restore the Encroachment Area on the City Property within thirty (30) days notice from City, City shall have the right to do so without notice to Licensee. Licensee shall immediately reimburse the City for all expenses incurred by City in the removal of the Encroachment and restoration of the Encroachment Area on the City Property. Said amounts shall accrue interest from the date the expenses were incurred by City at the maximum non-usurious interest rate permitted by law. 10.0 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Public Works and Engineering Department With Copy to: City Attorney, City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Douglas Holland 7 III III II IN III 010a a 8�06'00R 7 0f 6 Licensee: Dillon Wind LLC 1125 NW Couch, Ste. 700 Portland, Oregon 97209-4129 Attn: Ty Daul, Vice President Either party may change its address from time to time by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this Section 10. 11.0 Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, or in connection with the License or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 12.0 Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the Licensee Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right,title and interest in the Licensee Property. 13.0 Amendment or Modification. This License may not be modified or amended except by written agreement executed by the then-owner of the Licensee Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 14.0 Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. 15.0 Severability. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof orthe same provision when applied to another party or to a different set of circumstances. 16.0 Recordation. This License shall be recorded in the Office of the County Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Licensee or City that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. 17.0 Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original- 8 III II IIII II I I I II I I I II IIII I1111012005 0of a8'aeA soeas N WITNESS WHEREOF, the parties have executed this Agreement as of the date first set faith above. "LICENSEE" r)ILLON WIND, LLG an-OF6gon Limited Liability Company Approved es tgtn- . Ty Daul ITS: VICE PRESIDENT (Licensee shall have signature notarized)�� ATTEST: CITY OF PALM SPRINGS, aCaliforniia charter city � Jam s T ompson - City Clerk David H. Ready- Cify er °ca : �i 7-6oC APPROVIKeh AS TO FORM: APPROVLD BY CITY COUNCIL P\0� Douglas o land - City Attorney APPROVED BY CITY COUNCIL Minute Order No. Date: Agreement No.: 9 I IIIIII IIIIII IIII IIII IIIII IIIIII IIIII III IIIII IIII IIII 81�0�9 88 36�00R STATE OF Cr'—LiJ(,(', �) ' t SS. COUNTY OF a On before me, 23r;A LIZ .1 /A 161�` Notary Public, Me personally appeared TTy �ra u UPI'personally known to me OR ❑ proved ed to me on the basis of satisfactory evidence to be the persons) whose name(4@Vare subscribed to the ! within instrument and acknowledged to me that Ii orFlciA�sen� he/they executed the same in is her/their authorized BRIAN p,WAl sli capacity4ieslj and that by 1s her/their signature on the `•� NDTARY PUBLIC-pREGON instrument the person ar the entity upon behalf of CON1Ni155iDN N0.381999 which the ersonsO acted, executed the instrument. MY COMAgISSlpN E%AI!tES JUNE 22,2008 p Witness my hand and official seal. Signature of Notary STATE OF ) SS. COUNTY OF ) On before me, Notary Public date personally appeared IJ personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the persons(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 persons(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 10 IIIIII IIIIIII IIII IIII IIIII IIIII�I IIIII III IIIIII III IN ei 200819 a eof 25eea L v ur k,1',x• LARRY'W. WARD Recorder COUNTY OF RIVERSIDE P.O.Box 751 * ASSESSOR-COUNTY CLERK-RECORDER Riverside,CA 92502-0751 a o -lnitVTY CLEA•F°-` NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: _�3 r-Layj,6_LLa I Commission #: Place of Execution: _/t4 L +110 yM6k Y I CU() Ju (-22,Fzi-n I Date Commission Expires: O Date: d Signature: c Printed Name: E L r 111111111111IN 0 20011 of 8 i> er _s RECORDING REQUESTED BY: E)(JH i OS'T "Alp IANDAMERICA COMMERICAL SERVICES _ HOC # 2007-0719359 11/29/2007 08:00A Fee-52.Oe Page 1 of 17 D:Icument prepared by Page 1.+ Offlclal Records and After Recording County of Riverside Larry W. Ward R�Lam [G: Assessor, County Clerk d Recorder r c T 11111111111111 IN 1111111111111111111111111111111111111 ❑.,-ri....a QA_a nnn toGa J t r'Nt E-"e- Y fl�A5 N j w 0—ty lti7,q,5�-�;�"�- 7oD T"Or-HF`,jt,/ W 5 R U PAGE SIZE DA µ15C LONG RFO COPY A L 465 426 PCOft NCOR SMF NCNG T: CTY UNI �3 (Space above this line for Recorder's use onI3�) T •T•Sx: :: :tx:TY-S-Yt#r;1y.^rr;r`Yy: :x:l:8:x::F•CMx:t�#x:TM:`-�N:•F�: '::t:I::k.:�:;:::x.T:k;:Y!%::l:.x.x:mr Yr::LLx::I:�+Y. 010 Documsnt "Title: h4elnorandum of Rind Energy Lease Aa eement s:r.x:mx:::b:a:a:�:x:,.:n:;xa:�x:n:x:x.^x:x::kx:x:n:z:x::ea�ez-d:z:xa:z:a:x:x:x:r:;.rx�=,=:z:r-r.;::,--x.x:::x:x:a::s:az a:r,.x:r::•=�,z:.r. Landowner: SOUT,IMRN CALIFORNIA EDISON COMPANY. a California coiporazion t^fia={:a=Y•'L•:qx:�:;=*;r�T}y:1x-x:1:1:Y::k:Fx:J:Y::1:9::C ti.4 x:�x:m::,:x:f,:S#Y:YY:.a:a::k:C-::'x:;::k x::k*�•�:_:x:Xf�::%.::Y 1:�: Lessee: DELLON WND LLC. in Oregon limiled liability company x x:;:=;:::•*�x:r..rx+�:,z:cx:si:rx:x,:r;,a:x:rr:x,x:m�.:•r-•_:cwx::;.a::�:r.•+.Twer�:rs;:::��-::::I::F a:r;=�-a'z,ry-,= Assessor's Property Tax Parcel Account Numbers: 668-1I0-003: 668-110-013; 668-110-002; 668-100-004; 668-090-003; 668-100-003: 668-090-004;668-100-005;portions of 668-100405_ 668-290-005: 666-320-021; a portion of 664-230-032; 666-0^_0-001; 666-030-00^•_: 666-030-003; 666.030-004: 668-400-007 xx=arx:rx:xx:�x:x:x:x�w+x::Fx:mx:x:x:r�xx=xxesez:ssi=:ra::r.x:a:+kx:r-tz-•r.is:;"-z=xxa:::r.::4 xx:Wxxz;�x:�:,r;:w THI5 INSTRUMENT FILED FOR RECORD BY COMMOFIWR:AITH LAND TITLE COMPANY AS AN ACCOMMODATION ONLY,I7 MA3 NO 3EIN EXAMINED AS TO IFS E;ECUnoN OR A5 TO RS EFFECT UPON THE TITLE. IIIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIII III 00z a O1 o8 35 2 of 35 MEMORANDUM OF V INTI)ENERGY LEASE AGREEMENT This MEMORANDUM OF WIND ENERGY LEASE AGREEMENT (this "Memorandum") is made, effective as of March a. 2007, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation ("Landowner"), whose address is: Attention: Corporate Real Estate, 14799 Chestnut Street, Westminster, California 92653, and DILLON WIND LLC, an Oregon limited liability company ("Lessee"), whose address is: C/o PPM Energy, Inc., attention: Contracts Administration, 1125 NW Couch. Suite 700,Portland, Oregon 97209, in light of the following facts and circumstances: Landowner and Lessee entered in that certain Wind Energy Lease Agreement, of even date herewith (the "Lease Agreement"), pursuant to which Landowner has leased to Lessee the real property (the '`Property) of Landowner consisting of approximately 1.500.50 gross acres. located in Riverside County, State of California ("State"), that is described in Exhibit A attached hereto and incorporated herein by this reference and is depicted on the survey attached as Exhibit B hereto (the "Survey"), exempting from the Property any areas designated as Existing Transmission Corridors or Future Transmission Corridors (approximately 221.36 gross acres) on Exhibit B, and which Lease Agreement and said Exhibit A and Exhibit B are hereby incorporated herein as if fully set forth in this Memorandum_ Landowner and Lessee have executed and acknowledged this Memorandum for the purpose of providing constructive notice of the Lease .Agreement. Capitalized terms not otherwise defined in this Memorandum shall have the meanings provided in the Lease AYreement. In the event of any conflict or inconsistency between the provisions of this b�Iemorandum and the provisions of the Lease .Agreement, the provisions of the Lease Agreement shall control. Nothing in this Memorandum shall be deemed to amend, modify, change, alter, amplify, limit. interpret or supersede any provision of the Lease Agreement or otherwise limit or expand the rights and obligations of the parties under the Lease Agreement and the Lease Agreement shall control over this Memorandum in all events. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Landowner and Lessee hereby agree as follows: 1. Lease of Property. Landowner leases the Property to Lessee on the terms. covenants and conditions stated in the Lease Agreement. The lease created by the Lease Agreement is solely and exclusively for the construction, operation and maintenance of Generating Facilities and related wind energy purposes, as defined in the Lease Agreement, and Lessee shall have the sole and exclusive rizht to use the Property for wind energy purposes and to convert all of the wind resources of the Property, together with certain related access and easement rights and other rights related to the Property as more fully described in the Lease Agreement. Reference is hereby made to the Lease Agreement for a complete description of the respective rights and obligations of the parties regarding the Property and the covenants, conditions, restrictions and easements affecting the Property pursuant to the Lease Agrecment- 1 IIIIII IIIIIII II II IIII IIIII IIIIIII IIIII III IIIIII III IIII 01 2AAH 00£OB 500E 2. Term. Lessee's rights under the Lease Agreement shall cotmnence on the Effective Date and continue initially throughout the Development Period. The Lease Agreement shall automatically be extended on the Selected Date for an Extended Term of thirty (30) years. 3. Successors and Assigns. The Lease. Agreement and any casement or rights granted Lessee therein shall burden the Property and shall run with the land. The Lease Agreement shall inure to the benefit of and be binding upon Landowner and Lessee and, to the extent provided in any Transfer under Section 13 of the Lease Agreement, any Transferee and their respective heirs.transferees, successors and assigns, and all persons claiming under them. 4. Multiple Counterparts, This Memorandum may be executed by different parries on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument, S. Governing Law. This Memorandum and the Lease Agreement shall be governed by and interpreted in accordance with the laws of the State of California. IN WITNESS WHEREOF, Landowner and Lessee have caused this Memorandum to be executed and delivered by their duly authorized representatives as of the date first written above. LANDOWNER: SOUTBERN CALIFOMA EDISON COWANY, a California co oration BY: Prime me: YM PRE"MT Title: nmaPw)ci myeffOEEM LESSEE: DILLON VVrM LLC, �j an Oregon limited liability company BY: Printed Name: 'T Title - 2 I�IIII IIIIIII IIII IIIIIII IIIIIIIII� 1111111111111 @3 16 2 9898z GOA STATE.OF California ) ss. count of!-Ia9 iS ) On Ye� lr �,07 of e c, � � �C IAtinOu� Notary Public, person ly appeared st 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon be of which the person(s) acted, executed the instrument. WITNESS hand an ficial seal. JOY RIOENOl1R Commission.#1696213 Notary Public.California Los Angeles County Not Pub i Ky Comm.iqutr ttpumler 26,2010 STATE OF OREGON ) ) ss. COUNTY OF Multnomah ) r The foregoing instrument.w�s acknowledged before e this day of 2007 by of Dillon Wind LLC, an Oregon limited liability company. on its behalf. orxlctuseAt = BRWN D.WALSH Notary Public for Orebon Nonwrruuuc oReooN My commission expires- Commission No-: 3 IIIIII IIIII�I IIII IIII IIIII IIIIIII IIIII III IIIII III IIII 01 �0A 2 00R 0of0 35 E XHTRIT A Description orlhe Property All that certain real property situated in the County of Riverside.State of California, described as follows: AWA1: PARCEL A= The West half of the East half of the West half of Government Lot 2 in the Northwest quarter of Section 4,Township 3 South, Range 4 East, San Bernardino Meridian. Assessor Parcel No-: 669-110-003 PARCEL B: The West half of the West half of the West half of Government Lot 2, in the Northwest quarter of Section 4,Township 3 South, Range 4 East, San Bernardino Meridian. EXCEPTING THEREFROM all oil, gas, petroleum, and other mineral or hydrocarbon substances in and under or which may be produced from said land,together with the right to use that portion only of said land which underlies a plane parallel to and five hundred(500) feet below the present surface of said land, for the purpose of prospecting for developing and/or extracting said oil, gas,petroleum and other mineral or hydrocarbon substances from said land by means of wells drilled into said subsurface of said land from drill sites located on other land, it being expressly understood and agreed that said parties.their heirs or assigns.shall have no 6911, to enter upon the surface of said land. or to use said land or any portion thereof to said depth of live hundred(500) feet, for any purpose whatsoever, by deed recorded August 6, 1970, as Instrument No. 77269, Official Records, Assessor Parcel No.: 668-110-013 PARCEL C: The East half of the West half of the Northwest quarter of the Northwest quarter of Section 4. Township 3 South, Range 4 East, San Bernardino Meridian. EXCEPTING THEREFROM all uranium. thorium and other fissionable materials, all oil, gas, petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinbefore described land,together with the right to use Exhibit A,Page 1 of 9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII II IN �11A0z ao£08500R that portion only of said land which underlies a plane parallel in and five hundred (500) feet below the present surface of said land, for the purpose of prospecting for, developing and/or extracting said uranium, thorium and other fissionable materials, oil. gas, petroleum. asphaltum and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern Surplus Realty Co., its successors and/or assigns, shall have no right to enter upon the surface of said land, or to use said land or any portion thereof of said depth of five hundred(500) feet, for any purpose whatsoever,by deed recorded February 14, 1977, as Instrument No. 23779, of Official Records_ Assessor Parcel No.: 668-110-002 PARCEL D: That portion of Section 5,Township 3 South, Range 4 East, San Bernardino Meridian, lying Southerly and Southeasterly of the following described line: Beginning at the intersection of the East line of said Section 5, with a line that is parallel with and 880 feet Northerly, measured at right angles, from the South line of said Section 5; Thence along said parallel line, North 89'57'16"West, 1423.14 feet; Thence South 2W02'40"West, 936.47 feet to a point in said South line of Section 5. said point being North 89057'16"West, 1737.93 feet, measured along said South line, from a found 11/ inch iron pipe set at the Southeast comer of said Section 5_ said point also being South 89057'16"East, 892,70 feet, more or less, measured along said South line, from a found a/ inch iron pipe with metal tag marked "R.E. 6284"set at the South 1/comer of said Section 5. EXCEPTING THEREFROM those portions lying within the land described and designated as Parcels 1 and 2 in the grant deed from Mono Power Company, a Corporation. to Southern California Edison Company, a Corporation recorded January 5. 1971 as Instrument No. 542. of Official Records. EXCEPTING THEREFROM all uranium,thorium and other fissionable materials, all oil,gas, Petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinbefore described land, together with the right to use that portion only of said land which underlies a plane parallel to and five hundred (500)feet below the present surface of said land, for the purpose of prospecting for, developing and/or extracting said uranium, thorium and other fissionable materials. oil,gas. petroleum, asphaltum and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern Surplus Realty Co., its successors and/or assigns, shall have no right to enter upon the surface of said land, or to use said land or any portion thereof, to said depth of five hundred (500)feet, for any purpose whatsoever, as reserved in the deed from Southern Surplus Really Co., by deed recorded September 14, 1976. as Instrument No. 136419, of Official Records. Assessor Parcel No.: 668-100-004 Exhibit A,Page 2 of 9 IIIII IIIIIII III IIII III I �I�I IIII IIII II II e1n0�1?s 'eea 17 o of 35 PARCEL E: Fractional Section 5.Township 3 South_ Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof_ EXCEPT that portion lying West of the East line of that portion of said Fractional Section 5, conveyed to the State of California by deed recorded February 19, 1964, in Book 3614,Page 206,of Official Records, in the Off-ice of the County Recorder of Riverside County. ALSO EXCEPT that portion of Section 5, Township 3 South, Range 4 East. San Bernardino Meridian, described as follows: Beginning at a found 1%z inch iron pipe set at the Southeast comer of said Section 5. said found lh iron pipe being South 00'09'51"West. 5.314.19 feet, measured along the East Iine, of said Section S. from a found'/ inch iron pipe with tag stamped "R.E. 2767"set at the Northeast of said Section 5; Thence along the East line of said Section 5, North 00°08'51" East,3,969.02 feet to the Northwest comer of Government Lot 1, in the Northwest quarter of Section 4.Township 3 South,Range 4 East, San Bernardino Meridian; Thence along the Westerly prolongation of the North line of said Government Lot 1, South 8V25'20"West, 520.04 feet to a line that is parallel with and 520.00 feet Westerly, measured at right angles,from the East line of said Section 5; Thence along said parallel line, South 00'09'51" West. 3,965.52 feet to the South line of said Section 5; Thence along said South line,North 89'48'26"East, 520.01 feet to the point of beginning_ ALSO EXCEPT that portion of Section 5.Township 3 South,Range 4 East, San Bernardino Meridian, described as follows: Beginning at the intersection of the South line of said Section 5, with a line parallel with and 520.00 feet Westerly. measured at right angles from the East line of said Section 5, Thence along said parallel line, North 00008'5 1" East,549.47 feet; Thence leaving said parallel line, South 8904218"West, 4,745.98 feet to a point in the West line of said Section 5, said point being North 00°21'04" West, 541.00 feet, measured along said West line. from a found 4-inch by flinch by 5.00 foot stake in rock, mound set at the Southwest comer of said Section 5.said point also being South 00'21'04" East, 2,099.51 feet, measured along said West line, from a found Califonia Division of Highway's 2-inch brass cap in concrete stamped `replaces one-inch steel rod, tagged R.E. 1229 per R.S. 17/44" set at the West quarter comer of said Section 5: Exhibit A, Page 3 of 9 III II II II I I III IIIIIII IIII II II III IIII at�ees18 0of' 3500R Thence along said Vilest line South 00°21'04" East, 541.00 feet to said Southwest corner of Section 5: Thence along the South line of said Section 5, North 89048'26'" East,4,741.22 feet to the point of begginning. ALSO EXCEPT that portion of Section 5, Township 3 South, Range 4 East, San Bernardino Meridian,lying Southerly and Southeasterly of the following described line:beginning at the intersection of the East line of said Section 5, with a lute that is parallel with and 980.00 feet Northerly, measured at right angles, from the South line of said Section 5; Thence along said parallel line, North 89'57'16" West, 1,423.14 feet: Thence South 20002'44"West, 936.47 feet to a point in said South line of Section 5_ said point beint North 89057'16"West, 1,737.93 feet, measured along said South line_ from a found 1%x inch iron pipe set at the Southeast comer of said Scction 5, said point also being South 89'57'16" East, 892.70 feet; more or less. measured along said South line, from a found 3/ inch iron pipe with metal tag marked "R.E. 6284"set at the South quarter comer of said Section 5. EXCEPT those portions lying within the lands described and designated as Parcels 1 and 2, in the Grant Deed from Mono Power Company. a Corporation, to Southern California Edison Company, a Corporation,recorded January 5, 1971 as Instrument No. 542, of Official Records. in the Office of the County Recorder of Riverside County. EXCEPTING THEREFROM all uranium, thorium and other fissionable materials, all oil, gas, petroleum_ asphaltum and other hydrocarbon substances and other minerals and rnianeral ores of every kind and character, whether similar to these herein specified or not.within or underlying_ or which may be produced from the hereinbefore described land. together with the right to use that portion only of said land which underlies a plane parallel to and five hundred (500) feet below the present surface of said land, for the purpose of prospecting for, developing and/or extracting said uranium, thorium and other fissionable materials, ol gas,petroleum, asphaltum and other mincral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern Surplus Realty Co_, its successors and/or assigns, shall have no right to enter upon the surface of said land.or to use said land or any portion thereof to said depth of five hundred (500) feet, for any purpose whatsoever. Assessor Parcel No.: 668-090-003 and 668-100-003 PARCEL F_ That portion of Section 5, Township 3 South, Range 4 East, San Bernardino Meridian, described as follows: Begintring at a found 1'/z of inch iron pipe set ai the Southeast comer of said Section 5, said found 1Yz iron pipe being South 0108'51" West. 5314,19 feet, measured along the East line of Exhibit A,Page 4 of 9 III II II I III I I IIII I IIII 11111111111111111111111 01 15/ 0es�ee 099 9 0£ 35 JJLJJ d s said Section 5, from a found 114 iron pipe with tag stamped "R-E 2767" set at the Northeast corner of said Section 5; Thence along the East lint said Section 5. North 0°08'51" East. 3969.02 feet to the Northwest comer of Government Lot 1 in the Northwest quarter of Section 4, Township 3 South, Rangc 4 East.San Bernardino Meridian; Thence along the Westerly prolongation of the North line of said Government Lot 1, South 89°25'20"West. 520.04 feet to a line that is parallel with and 520.00 feet Westerly, measured at right angles, from the East lute of said Section 5; Thence along said parallel line, South 0°08'51" West. 3965.52 feet to the South line of said Section 5; Thence along said South line, North 89°48'26" East, 520.01 feet to the point of beginning. Assessor Parcel No.: 668-090-004 and a portion of 669-100-005 PARCEL G: That portion of Section 5,Township 3 South, Range 4 East. San Bernardino Meridian, described as follows: Beguuting at the intersection of the South line of said Section 5, with a line that is parallel with and 520.00 feet Westerly, measured at right angles, from the East line of said Section 5: Thence along the parallel line, North 0°08'51"East, 549.47 feet; Thence leaving said parallel line, South 89'42'18"West,4745.98 feet to a point in the West line of said Section 5,said point being North 0°21'04"West. 541.00 feet,measured along said West line,from a found 4 inch by 4 inch by 5 foot stake in rock mound set at the Southwest quarter of said Section 5, said point also being South 0°21'04"East, 2099.51 feet,measured along said West line, from a found California Division of Highway's 2 inch Brass Cap in concrete stamped "replaces one inch steel rod, tagged R.E. 1229 per R.S. 17/44" set at the west quarter comer of said Section 5: Thence along said West line, South 0°21'04"fast, 541.00 feet to said Southwest comer of Section 5; Thence along the South line of said Section 5,North 89°48'26" East,4741.22 feet to the point of beginning. EXCEPTING FROM said Parcels 3 and 4 all uranium,thorium and other fissionable materials, all oil,gas,petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying. or which may be produced from said, it being expressly understood and agreed that Mono Power Company, its successors and/or assigns, shall have no right to enter upon the surface of said land, or to use said land or any portion thereof to said depth of five hundred (500) feet, for any purpose whatsoever. as reserved by Mono Power Company, a Corporation. in Deed recorded January 5, 1971 as Instrument No. 542, of Official Records. Assessor Parcel No.: a portion of 668-100-005 Exhibit A,Page 5 of 9 IIIIIIIIIIIIIIIIIIII IIIII1II 1IIIIIIIIIIIIIIIIIIIII 012 5 02 safes eeR PARCEL H: That portion of the West one-half of the Northeast onc-quaver of the Northeast one-quancr of the Northwest one-quarter of Section 8,Township 3 South, Range 4.EasL, San Bernardino Meridian, lying Northerly of a line parallel with and two hundred thirty(230) feet Southerly, measured at right angles,from the surveyed reference line which is described as follows Beginning at the intersection of the Easterly line of the Northwest one-quancr of said Section 8 with a line parallel with and 144 feet Southerly, measured al right angles from the Northerly lint of the Northeast one-quarter of said Section 8,said intersection being South 00°08'35"West, 144.00 feet, more or less, measured along said Easterly line from a found 3/4 inch iron pipe with metal tag marked"R.E" 6284,"set at the North one-quancr comer of said Section 8, said intersection also being North 00°08'35" East, 2474"03 feet, more or less, measured along said Easterly line from a found nail and tin in hole with 4 nail and tin ties,set at the center of said Section 8; Thence along the Westerly prolongation of said parallel line North 89°57'16"West, 75.00 feet; Thence South 85053'06"West, 2264.97 feet; Thence North 86045.13"West,294.91 feet, more or less, to a point in the Westerly line of said Section 8: said point being South 00*17'02" West, 254,92 feet; measured along said Westerly line from a found 4 inch x 4 inch stake, 5 feet high, in rock mound, set at the Northwest comer of said Section 8, said point also being North 00*17'02"East, 5025.91 feet,mare or less,measured along a Westerly line from a found 2 inch brass cap monument marked "Calif. Div. of Hwys". set at the Southwest corner of said Section 8, EXCEPTING THEREFROM all oil and qas in said lands and the right to prospect for,mine, and remove such deposits from the same upon compliance with the conditions and subject to the provisions and limitations of the Act of July 17, 1914 as set out in Patent from The United States of America to Jean Shafer, a widow,recorded on February 6, 1948 in Book 995 Page 4 of Official Records, in the Office of the County Recorder of said County. Assessor Parcel No: a portion of 668-100-005 AREA 3: PARCEL O: That portion of the Southwest quarter of the Southwest quarter of Section 34, Township 2 South. Range 4 East. San Bernardino Meridian, in the County of Riverside, State of California, shown as Parcel 38 on a map Filed in Book 24, Page 38 of Record of Surveys, in the Office of the County Recorder of said County. EXCEPT an undivided one-half interest in and to all oil, gas and minerals, and all oil, gas and mineral rights upon and under the herein described property, as reserved in deed from Leland A. Crow, et al., recorded November 21, 1955 as Instrument No" 73673, of Official Records, Exhibit A,Page 6 of 9 IIIII II III I I II I I III III III I II 61 2 562 P S 0 nGOP 23 a85 Assessor Parcel No: Portion of 664-230-032 PARCEL P: That portion of the Southwest quarter of the Southwest quarter of Section 34, Township 2 South. Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California. shown as Parcel 39, on a map filed in Book 24. Pa2C 38 of Record of Surveys. in the Office of the County Recorder of said County. EXCEPT an undivided one-half interest in and to all oil, Las and minerals, and all oil- tras and mineral rights upon and under the herein described property, as reserved in deed from Leland A. Crow,et al.,recorded November 21, 1955. as Instrument No. 73673, of Official Records Assessor Parcel No: Portion of 664-230-032 PA RCEI : That portion of the South half of the Southwest quarter of Section 34, Township 2 South. Range 4 East, San Bernardino Meridian. in the County of Riverside, State of California, shown as Parcels 43.44,45, 52, 33 and 54 on a map filed in Book 24-Page 38 of Record of Surveys. in the Office of the County Recorder of said County- EXCEPT an undivided one-half interest in and to all oil, gas and minerals, and all oil. gas and mineral rights upon and under the herein described property, as reserved in deed from Leland A. Crow, et al. to Albert Burton and Evelyn Burton, husband and wife, filed for record November 21. 1955.as Instrument No. 73673, of Official Records Assessor Parcel No: Portion of 664-230-032 PARCEL R: Section 3, Township 3 South, Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. EXCEPTING THEREFROM all uranium, thorium and other fissionable materials. all oil, gas, petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not. within or underlying, or which may be produced from the hereinbefore described land, together with the right to use that portion only of said land which underlies a plane parallel to and five hundred (500) feet below the present surface of said land, for the purpose of prospecting for, developin.- and/or extracting said uranium, rhorium and other fissionable materials. oil, gas, petroleum, asphaltum and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern Surplus Realty Co., its successors and/or assigns, shall have no right to enter upon the surface of said land, or to use said land or any portion thereof to said depth of five hundred (500) feet, or any purpose whatsoever. Assessors Parcel No.: 666-020-001 and 666-030-002, 003, and 004 Exhibit A. Page 7 of 9 (IIIII I�IIIII IIII IIII(IIII IIIIIII IIIII III IIIIIII II 1111 er 2t082 of 35BOfl .4JZE4 A a: PARCEL X: The South half of the South half of Section 9. Township 3 South,Range 4 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof; EXCEPT the West 2,929.00 feet. ALSO EXCEPT all uranium, thorium and other fissionable materials, all oil,gas, petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinbefore described land. together with the tight to use That portion only of said land which underlies a plane parallel to and five hundred (500.00) feet below the present surface of said land,for the purpose of prospecting for, developing and/or extracting said uranium, thorium and other fissionable materials, oil, gas, petroleum, asphaltum and other mineral or hydrocarbon substances from said land.by deed from Southern Surplus Really Co., a California Corporation,recorded September 30, 1981, of Official Records. Assessor Parcel No.: 668-280-005 PARCEL Y: Parcel 1 of Parcel Map No. 12722. in the County of Riverside, State of California, as per map recorded in Book 89, page(s) 36 and 37, of Parcel Maps, in the office of the County Recorder of said County- EXCEPTING AND RESERVING unto Southern Surplus Realty Co.: its successors and/or assigns, all uranium, thorium and other fissionable materials, all oil,gas,petroleum, asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specified or not, within or underlying, or which may be produced from the hereinbefore described land, together with the right to use that portion only of said land which underlies a plane parallel to and 500.00 feet below the present surface of said land. for the purpose of prospecting for, developing and/ar extracting said uranium, thorium and other fissionable materials, oil,gas, petroleum, asphaltum and other mineral or hydrocarbon substances from said land, it being expressly understood and agreed that said Southern Surplus Realty Co., its successors and/or assigns, shall have no right to enter upon the surface of said land,or to use said land or any portion thereof to said depth of 500.00 feel, for any purposes whatsoever. Assessor Parcel No.: 666-320-021 PARCEL z: Exhibit A,Page 8 of 9 IIIII II I 1 IIII IIII IIIII IIII II IIII II IIIIIII I III a ? 02 es£ ae' see aa That portion of the Northeast one-quarter of Section 16, Township 3 South, Rangc 4 Fast, San Bernardino Meridian,lying Northerly of the Northerly line of that certain land conveyed to the Riverside Count),Flood Control and Water Conservation District by deed recorded April 22, 1969 as Instrument No. 39294, of Official Records- EXCEPTING FROM all uranium, thorium and other fissionable materials, all oil, gas. petroleum,asphaltum and other hydrocarbon substances and other minerals and mineral ores of every kind and character, whether similar to these herein specif ed or not, within or underlying, or which may be produced from said land. together with the right to use that portion ortly of said land which underlies a plane parallel to and five hundred (500) feet below the present surface of said land,for the purpose of prospecting for; developing and/or extracting said uranium. thorium and other fissionable materials; oil, gas, petroleum, asphaltum and other mineral or hydrocarbon substances from said land as excepted by Southern Surplus Realty Co. by Grand Deed recorded June 28, 1982 as Instrument No. 110207, of said Official Records. Assessor Parcel No.-, 668-400-007 Exhibit A, Page 9 of 9 20f� 01 0af'03500R EXHIBIT S Survey [SEE ATTACHED) Exhibit B, 'Page 1 of 6 II I II I II IIII I I II I I I III III IA IAI 11 II ei 200 zees es eea 25 0£ 35 w 1f4 uolcOpvOpATm TFP My aM TIE COurnT OF n1VOM36E LTATC W 0rJ.aOn10/. SHEET I OF I ENCUMBRANCE M.AP EXHIRIT-AREA I m1C A Sli1:Y P A rtnmv MSM1Td'(5 A L re,wVr']sA'/rX S9/ �o g` �� >'b � E.94 •�iy '+. �� r A �'+� I� K.TP YL• l ,as - � n; m r mrss aw szwlw ra /s mk rurrx •r Mt AG J Tp.Yt.lalSt G,^,JLw[u ry Y Ma+'YK nY+m /s vaat 4t' K,vN.H M n/• Ta _ rrs aJnr• sKtrvr ranJr lermrr ]crz.r F•r+ rrrvrsrr rm x' T� L g i[ ?rmfCJC./mm• a A+.•u.ar ,y }. Yq Ir re+am�aur9Gr SC nu:/tfP' TT� �y a H�ib.°�s a rK�TY1I N.SItvK'K 2/a]' p� y I � �I tl �� aC•.IY'Yw�fy, I �Af•Ste(/YIN/ �I 8� y �bi o 4 ST 45�. 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LS�Jf� L11'0.I' w!/f 5=J MYPx Sues G1P, SlNRTD,LS SAOM FUR 1�4 F lo7F � u zuo 0 nv �uuc osrAA>:e � b Lf A}1TS] E ]7}.QI' Lx lmr�.snew J]o.rr L] NJ!'JAtlrf fr9�' A ' $ 1/1 SEL J A'WWW'w STS&09' Sw PN S'�L' J aw 5!L J RCS ar!✓V; $Iu(Fm fD, SIT SALQ' li[tL/Elt AS ShTf11AC [p OS' T,^ N!E SYN/PID "LS J6](Y, w A]' ' sla IvrAT L5 N25 +n ® FkWM FRAefYut£STM!IX,W+¢NY1 LLnHC 1MNLSIMINOW CLINGY! mom, SGILE: t" — soo ,w•zarscs]+_as sTAl+rtc CON LnNgML. !Y/f L0G{ ffl LWFE 'lACIII E�SFLF]IT ]]•]]]FRM WMMG PUS La//AY/AS 9AM1f FpdAt: RK R•1d'P/56 K SWE,� 7F2••E781C,q PMPSCYI.ITJGr1PY WAS ffSiA PAW UZU,CA MW 11 f$HrtiOC ]60]AA.VBY ,�"a I�IIII��I�II�I��I II I IIIII�II�III II��I�II��I�II�III II 01 1AB 227 al' 35@BR N il1E uolFAprbfUTm TOIRfTIXiT T!C CNMn' of fnVOl49C. o'twTE fX cAt>FoprtlA SHE£( i OF 1 ENCUMBRANCE MAP EXHIBIT- AREA LC3tC A SiRlfl( A/wlxx'[a'.YClJPV D. Js AYl r4 �J=T AnC. ]( .. / fSY."rWL rauxlaiPav CWWAYiPA2Fw-rrm.�C rv+iHE "' lYNM0.7lwr1F.l:lrY Ac N[TARfA'lN.l4FL CS Ifl6 SE>' f6 N 331r8]sl rN S]fd9fA � S 1/i6 SfG / f le *I (FCf M AnM-1CW T- 4 �p 3 S3:E turfivE11 fAANSu65IGtl cow i ti M1 i LYJC 5' 0 f0I f/A1E IN L]VIF1L Pv 0.6' EL 4 M9'/65Tw 1 fD. TAY IRA N LTM^•NEl� sauram•es uu', av rr 10 06 �ttl rb.( AC rd !/!3.`L" !6 � f//63EC. if L N 2276139 A / R� C 1/4 gL 06 r1M AYbHK E w W/A N- Av TAG 6V 0.3' ® DMM rRu6NlA7CN c2N/dCc1P ® � JN.• 20160534.as fr17C,PE]rtINSLSigV(xw'Ctg7 SF'JI F• 1' • 407 �+ S1rA11>f:c conslnnlAc II+C W33 FA W/-l)•1G DONE wa Im M M MMU,CA 92M 5laMG ]6q.1Ab,96AA IIIIII IIIIIII IIII IIII IIII I�I II I II III IIIIIII II III 01 2 s98 ee8 08?E5R 22 .f 3S EXHIBIT "B" DIABLO ROAD A portion of Diablo Road, between 16th Avenue and Dillon Road, as found in Instrument 157809, recorded September 13, 1982, and Instrument No. 201776, recorded November 9, 1982 and accepted by the County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. A portion of Diablo Road (formerly Oasis Avenue), between Dillon Road and 18th Avenue, as found in Instrument 134886, recorded June 22, 1984 and Instrument No_ 243732, recorded November 9, 1984 and accepted by the County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. D/LLON ROAD A portion of Dillon Road, near Diablo Road, as found in Instrument 70659, recorded June 9, 1964, and Instrument No. 59449, recorded June 8, 1966 and accepted by the County of Riverside, and annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. 12 11 1111111111111111111 IIII111111111111111111111111 III 31 1002 BAi 3500R EXHIBIT 69c LEGAL DESCRIPTION DIABLO ROAD (SOUTH Oia' 16IH AVENUE) THAT PORTION OF THE, WESTERLY 2929 FEET OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 14.00 FELT 1N WIDTH, BEING 7.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE,- COMMENCING AT THE NORTH WEST ONE QUARTER CORNER OF SAID SECTION 9; THENCE SOUTH 00010'33" EAST 611.23 FEET ALONG THE WEST SECTION LINE OF SAID SECTION 9 TO THE POINT OF BEGINNING; THENCE NORTH 89056'55" EAST 50.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF DIABLO ROAD AS DESCRIBED IN DEED RECORDED SEPTEMBER 13, 1982 AS INSTRUMENT NO. 157809, OFFICTAJ RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ALSO BEING THE POINT OF TERMINUS. DIABLO ROAD (NEAR DILLON) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 9 AND PORTION OF SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP I A STRIP OF LAND 14.00 FEET IN WIDTII, TIIE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 9; T14ENCE NORTII 00010'33" WEST 62-I0 FEET ALONG TIIE WEST SECTION LINE OF SAID SECTION 9; THENCE NORTH 89049'27" LAST 64.73 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF DIABLO ROAD AS DESCRIBED IN DEED RECORDED SEPTEMBER 13, 1982 AS INSTRUMENT NO. 157809, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ALSO BEING THE POINT OF BEGINNING; 0•\200_017101\200_01710100\druw7ncs\sur cy\ENCROACHMENT LEGAL DESC clot Page 1 of 2 (IIIII IIIIIII IIII III IIIII IIIIIII IIII III INIIIII IIII 01 15 2 Sa oa EXHIBIT "G" LEGAL DESCRIPTION THENCE SOUTH 20039'01" WEST 129.50 FEET TO A POINT THAT IS PARALLEL WITH AND 19.00 FEET EAST OF THE WEST LINE OF SAID SECTION 9; TITENCE SOUTH 00007'30" WEST 1314.64 FEET ALONG SAID PARALLEL LINE TO A POINT HEREINAFTER REFERRED TO AS POINT "A", ALSO BEING THE POINT OF TERMINUS- STRIP 2 A STRIP OF LAND 26.00 FEET IN WTDTH, THE NORTHERLY LINE OF WHICH TS DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 89034'28" EAST 25.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF DIABLO ROAD AS DESCRIBED IN DEED RECORDED ,TUNE 22, 1982 AS INSTRUMENT NO. 134866, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89034'28" WEST 88.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF DIABLO ROAD AS DESCRIBED IN DEED RECORDED NOVEM13ER 9, 1984 AS INSTRUMENT NO. 243732, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ALSO BEING THE POINT OF BEGINNING; Prepared under the supervision of 1 • 1 p r �irr'``�-LAfJDL=m.i�ly Date: R E I, -F dZ.J 11 ,ril Angela>r.�l]orf,P.L.S. #8011'0 �` ' ��- Expires 12/31/08 i 11a. J010 n STANTEC CONSULTING INC. .1 t 7 k✓,v,' 73-733 Fred Waring Dr., Suite 100 v A/nE Palm Desert, CA 92260 (760) 346-9844 lI ' OF ONw�Nr' 0\200,017101\200_01710100\drawings\sii vcy\ENCROACHMENT LL•GAL UHSC dvc I III I I I Page 2 of 2 IIIIIIII IAl1AI IIII IIII IIIIIIIIIIIIIIIIII(IIIIIIII si 15/ 002 aseea IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIIII IIII INAr 2008-002157 15/320c�02500R EXHIBIT 73 a SHEET 1 OF 4 ENCROACHMENT LICENSE FOR DIABLO ROAD (SOUTH OF 16TH AVENUE) Poc NW CDR. SEC. 9 T 35, R4E (N89-4771'E) T' / 16THA VENUE 0 m y � ❑ a O � N O 4 Q I LINE DATA �.1 I NO. HEARING DISTANCE L11 N8936 5.5E 50.00' Qf EASEMENT FOR COUNTY OF R/✓FRS/O£ RECORDED j SFPT£MHER 73, 1982 AS INSTRUMENT NO 157809, O.R. `—/•(/� ( � RECORD DATA PER EASEMENT RECORDED 9/73/1982 AS INSTRUMENT NO. >57809, O.R. M N W a I o I m Q 50, SED LAND E. G� No. 8010 Exp. 12/31/08 SCALE 1"=60' TE OF CNQ\ PREPARED UNDER THE SUPERVISION OF.- JN.20000171.00 STANTEC CONSULTING INC. E ^ 73-733 FRED WARING DRIVE SUITE 100 ANGEL,j E. DORF, P.L.S. 8010 DATE --- PALM DESERT,CA 92260 $ ntCC 760,346 98A4 +Mmecmm 84021574 III 111111111111111111111Al 11111111111111111111111111 II R zap3 0ol03500F 14\ 71 L 50 Fae EXHIBIT " C„ SHEET 2 OF 4 - 2 \ h /L1 h O/LLONROA� ENCROACHMENT LICENSE FOR DIABLO ROAD (NEAR DILLON ROAD) rn Q \ ti In 514• STRIP 7 c.l / L2— AAB \ QI EAS£MCNT FOR COUNTY OF RIVERSIDE 1R RECORDE8D86JUN0£R22, 1984 AS INSTRUMENT I I I ^ V EASEMENT FOR COUNTY OF RIVERSIDE RECORDED NOVEMBER 9, 1984 AS INSTRUMENT NO, 243"2, D.R. NON—EXCLUSI✓£ CASEMENTS FOR WILDFLOWER \ ENERGY LP RECORDED MAY 7, 2001 AS Q, \ / INSTRUMENT NO- 2001-18571 1, O-R EASEMENT FOR COUNTY OF RIVERSIDE RECORDED SEPT£MBER 13, 1982 AS p l0 I 91 INSTRUMENT N0. 157809, O.R. Im ^I POR OF5� S0MC r W f 5 14' \ p /S V76 Rz \\ C / o� / 44' co STRIP 1 I _ Aor 44•—'-I I 7 I v POINT iA~ r — �— — — In C31 S 2 Poc r } STRIP 2 N L4 STRIP 2 /l / Por PW / 44. 44, � SCALE 1"=200' Por\a — O / LINE DATA \ X o NO. 8EARINC DISTANCE L7 N00'1033~W 62.10' L2 N89"49277E 64-73' L3 N893428~E 25-00, 44 589 34 28"W 88.00' I I STANTEC CONSULTING INC. pR 73-733 FREE WARINO DRIVE ! suITE l00 PALM DESERT,CA 92260 S1anteC 760,346.9$44 IIIIIIIIIIIIII IIII IIIIIIIII IIIIIII IIIII III IIIII IIII IIII 01 l0e30 of 13 3590F EXHIBIT " C)► SHEET 3 OF 4 ENCROACHMENT LICENSE 14' ENCROACHMENT LICENSE UNDISTURBED COMPACTED TOPSOIL TOPSOIL II 1 II II 1 II I j\\11=1 I ICI I I III—III- \j ODjl l 1I-1 I— I -1 =11 i \I II I I I I II I II I I I ICI I I I I II I \i W �\ I=1 I I-11 I I IaiI I I \� ❑U 1—I1I- 11-1�-1 BUR/EO CABLE I—III—III=III MARKING TAPE o II-III =111- 2 Z Z COMPACTED N L BACKFILL v t� O p 7-3 34.5 KV I' POWER CABLES �O I N 12" 4/D BARE COPPER TRENCH FLUID/ZED GROUND WIRE THERMAL BACKFILL (FTB) PER CONSTRUCTION SPECIFICATIONS SLURRY TRENCH DETAIL 1' = 70' STANTEC CONSULTING INC. 73-733 FRED WARING DRIVE n��l SUIT[ 100 PALM DESERT,CA 92260 $ IItEC 760,3,16.984,1 mnrec<om EXHIBIT $2C3, SHEET 4 OF 4 ENCROACHMENT LICENSE 14' ENCROACHMENT LICENSE UNOI57URBED TOPSOIL\ \/ 911 \ UNOISTURB£O , \/\\/ TOPSOIL f C I&ES G410 ROUNOR COPPER 8" NOPE BORE SLEEVE PER CONSTRUCTION RE SPECIFICATIONS BORE SLEEVE DETAIL 1" = 10' STANT73-733 R D WAKING DR INC. 73-733 FRED WAKING DRIVE 5UFTE 100 PALM DESERT,CA 92260 $NnWC 760.346.98A4 mm�cm IIIIII IIIIIII IIII IIII IIIII IIIIIII IIIII III IIIII III III 01/1 5e 2008 03790F A- 5752 A�Ro� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/07/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk services Northeast, Inc. Providence RI Office CONTACT NAME' PHONE AX (NC. No. Ezt): (866) 283-7122 (a . No.): (800) 363-0105 E-MAIL ADDRESS: 100 Westminster Street, loth Floor Providence RI 02903-2393 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Ins Co 16535 Dillon wind LLC 2701 NW Vaughn St, Ste 300 INSURER B: INSURER C: Portland OR 97210 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106269559 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY ( Per person) ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PRO Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE ❑ OFFICER'MEMBER EXCLUDED? (Mandatory in NH) N / A wC134581403 06/01 2024 06101 2025 X I PER STATUTE I OTH- ER E.L. EACH ACCIDENT 51, 000, 000 E.L. DISEASE -EA EMPLOYEE S1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its officials, employees and agents are an Additional insured. This insurance is primary and non-contributory over any insurance or self-insurance the City may have. RECEIVED JUN 17 2024 CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 181 City of Palm Springs AUTHORIZED REPRESENTATIVE P.O. Box 2743 Palm Springs CA 92263 USA +tt c/%e�/na % � � c.YJ'ass ii:�E �iLt�taael0 �i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD `m c m a m -a 0 S rn LO UD m 0 0 In O Z d i0 O d U