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2017-0216631
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Recorded in Official Records
RECORDING REQUESTED BY AND County A f Riverside
Peter WHEN RECORDED MAIL TO: Assessor-County Clerk-Recorder
CITY OF CATHEDRAL CITY 'I f 1�"�x�e r'', ^' '' Imo't��"'� I)
68700 Avenida Lalo Guerrero I53'' R A Exam: q
Cathedral City,California 92234 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
Attn: Bill Simons, P.E. I
Senior Engineer
SIZE NCOR SMF NCHG T: NCR_! C. C.
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 27383
D77
AGREEMENT FOR GRANT OF EASEMENT
This Agreement for Grant of Easement("Agreement")is by and between the CITY
OF CATHEDRAL CITY, a California municipal corporation and general law city ("C ") and
ESCENA COMMUNITY ASSOCIATION, a California Community Association ("Owner").
The City and Owner may be referred to individually as a"Party"or collectively as the"Parties."
RECITALS
A. Owner owns that certain parcel of real property located within the City of
Cathedral City, State of California,commonly known as Assessor's Parcel Number 677-260-048,
and more particularly described as:
Lot"V"as shown on Tract Map No. 32233-1 per Book 381 pages 59-67, records
of Riverside County.
("Property").
B. Owner desires to grant City a certain easement as set forth in this Agreement
to accommodate the construction, maintenance and use of a paved pathway and related
improvements intended for public use by pedestrians and bicycles,which may constitute a portion
of a lengthier pathway to be known as CVLink all as more particularly described herein.
NOW, THEREFORE, in consideration of the above recitals, and the mutual
covenants,terms,conditions, and restrictions contained herein,the Parties agree as follows:
OPERATIVE PROVISIONS
1. Grant of Easement. Owner hereby grants to the City an easement ( Pathway
Easement") over specific portions of Property, as more particularly described and depicted on
Exhibit A attached hereto and incorporated herein by reference("Easement Area").
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RIV#4830.8743.9159 vI
2. Exclusive Easement. The Easement Area shall be an exclusive easement, except
as specified below, and free of obstacles. Owner shall not construct or place or allow to be
constructed or placed any structure or building,fence,retaining wall,street light,power pole,yard
light, mail box, sign or trash receptacle,temporary or permanent,or plant any shrub,tree, woody
plant or nursery stock, on any part of the Easement Area. Any structure or building, fence,
retaining wall,street light,power pole,yard light,mail box,sign or trash receptacle,temporary or
permanent, or plant any shrub, tree, woody plant or nursery stock, of any kind situated on the
Easement Area,may be removed by the City without liability for damages arising therefrom. No
other easements shall be created or effective over the Easement Area, except for the easements
previously recorded by the Coachella Valley Water District, Riverside County Flood Control
District, and Desert Water Agency or any other easement recorded prior to the execution of this
Agreement,true and correct copies of which are recorded with Riverside County,which easements
shall remain in full force and effect.
3. Permitted Uses. City shall have the right to use the Easement Area for
construction,maintenance,and use as a public pathway allowing public ingress,egress,and access
on,over and along the Pathway for pedestrians and bicyclists.City may allow motorized vehicles
of City and other public agencies and utilities ingress, egress and access on, over and along the
Easement Area as reasonably necessary for construction and maintenance of the Pathway or for
emergency and public health and safety purposes. . City shall further have the right to use the
Easement Area to construct, install,maintain and repair the Pathway and any ancillary structures,
landscaping,irrigation,lighting,necessary utilities,and similar improvements within the Easement
Area. The Pathway may, at City's sole discretion, be constructed as a paved pathway. The City
may also grant access to the Easement Area to other public agencies as reasonably necessary for
such agencies to fulfill their governmental function. The City shall maintain the right to determine
and designate which public uses,if any,are permissible on any portion of the Easement Area.
4. Construction and Maintenance. City shall be solely responsible for construction,
reconstruction, installation, improvement, repair, inspection, expansion, and maintenance of the
Pathway. City shall maintain or cause to be maintained the Pathway and the Easement Area, in
good and safe condition, at City's sole cost and expense. Maintenance may include, but is not
limited to, maintaining, repairing and reconstructing the pathway surface, ancillary structures,
landscaping,irrigation,lighting,necessary utilities,and similar improvements. City shall have the
right to abate, mitigate or otherwise remedy any conditions within the Easement Area that, in
City's reasonable determination pose a safety risk to Pathway users or otherwise interfere with the
use of the Pathway. City, in its sole discretion,has the right to close the Pathway,for any duration
and at any time City determines that closure is warranted in order to protect the public health,
safety or welfare, including without limitation times of high flood danger, or presence of wild
animals, and at times other segments of connecting public pathways are closed. Owner and its
successors and assigns will have no obligation to maintain the Pathway.
5. Indemnification. City has the sole responsibility for liability,operation, upkeep,
and maintenance of the Pathway and the Easement Area. City agrees to indemnify, defend, and
hold harmless Owner, its officers, agents, and employees from any and all liabilities, claims,
demands, damages, or costs whatsoever, including without limitation, claims by any person for
property damage,personal injury or death of any person,whether public or private, arising from,
or in any way related,to use of the Pathway or the Easement Area, or the condition, installation,
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RIV H4830-8743-9159 vI
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construction, operation, maintenance, or lack of maintenance of the Pathway or related
improvements, or the Easement Area by any person,except to the extent that any such liabilities
are the solely result of the gross negligence or willful misconduct of Owner,its officers,agents,or
employees. The duty of the City to indemnify and save harmless includes the duty to defend as
set forth in Civil Code section 2778. Nothing in this Easement limits the ability of Owner and the
City to avail themselves of the protections offered by any applicable law affording immunity to
Owner and the City.
6. Disputes and Remedies. Disputes between the Parties regarding nonperformance
or default of the Agreement and/or the actual or threatened nonpermitted, encroachment, or
damage to the Easement Area or the Pathway ("Default") shall be resolved in accordance with
this Section.
(a) Notice and Conference. If a dispute as contemplated above arises between
the Parties,the aggrieved Party will provide,except as expressly provided for herein,written notice
to the other Party of the alleged Default describing it with particularity and include a request for
corrective action sufficient to cure the alleged Default and providing the Party with thirty (30)
days'notice from the date of delivery of the notice to effect cure. Failure to provide written notice
shall not be considered to be a waiver of the Default. The Parties shall meet and confer in good
faith at least once during the thirty (30) day cure period with regard to resolving the alleged
Default. In the event that physical damage to, or substantial interference with the use of, the
Pathway is imminent or has occurred,City shall have the right to take such reasonable actions to
repair the damage and restore use of the Pathway as City deems reasonably necessary. In such
event,City will provide written notice to Owner as soon as reasonably possible of the Default,the
actions undertaken by City,and City's demands upon Owner for reimbursement or other corrective
action to be undertaken within thirty(30)days.
(b) Corrective Action Corrective action may include, without limitation; (i)
cessation of any nonpermitted use of the Easement Area; (ii) revocation or removal of any
inconsistent easement, license, or right to use granted that impacts the rights afforded under this
Agreement; (iii) removal of any actual or threatened encroachment to the Easement Area or
Pathway;(iv)repair and or restoration of the Easement Area and/or Pathway;and/or(v)any other
action that will reasonably correct the alleged Default, including the payment of damages and/or
reimbursement of actual expended.
(c) Relief. If the Party receiving notice under this Section fails to cure the
alleged violation within 30 days after receipt of notice from the other Party,or under circumstances
where the alleged violation cannot reasonably be cured within a 30-day period,fails to begin curing
such alleged violation within the 30-day period and/or to continue diligently to cure such alleged
violation until finally cured, the noticing Party may bring an action at law or in equity in a court
of competent jurisdiction seeking to enforce the terms of this Agreement or to enjoin the
continuance of the Default,by temporary or permanent injunction.
(d) Forbearance. Enforcement of the terms of this Agreement are at the
discretion of the noticing Party, and any forbearance by the noticing Party to exercise its rights
under this Agreement in the event of any breach of any term of this Agreement by the other Party
will not be deemed or construed to be a waiver by the noticing Party of such term or of any
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RIV#4830-8743-9159 vl
subsequent breach of the same or any other term of the Agreement or of any of the noticing Party's
rights under the Agreement. No delay or omission by the noticing Party in the exercise of any
right or remedy upon any breach by the other Party will impair such right or remedy or be construed
as a waiver.
(e) Acts Beyond a Party's Control. Nothing contained in this Agreement may
be construed to entitle a Party to bring any action against the other Party for any injury to or change
in the Easement Area hereunder resulting from causes not involving any affirmative acts or
negligence by such Party, or causes beyond such Party's reasonable control, including without
limitation,trespassers, fire, flood, storm, and earth movement or other Acts of God, or from any
prudent action taken by such Party under emergency conditions to prevent, abate, or mitigate
significant injury to the Easement Area resulting from such causes.
7. Entire Agreement. The Parties agree that this Agreement contains all of the
agreements, promises and understandings between them related to the subject matter of this
Agreement. No verbal or oral agreements,promises or understandings will be binding upon either
Party in any dispute,controversy or proceeding at law. Any addition,variation or modification to
this Agreement will be void and ineffective unless made in writing and signed by the Parties hereto.
8. Construction of Document. The Parties acknowledge that this document may not
be construed in favor of or against the drafter.
9. Applicable Law. This Agreement is to be liberally construed in order to effectuate
its purposes. This Agreement and the performance thereof will be governed,interpreted,construed
and regulated by the laws of the State of California. The Parties agree that the venue for any
litigation regarding this Agreement will be in Riverside County.
10. Partial Invalidity. If any term of this Agreement is found to be void or invalid,
then such invalidity will not affect the remaining terms of this Agreement,which will continue in
full force and effect.
11. Successors and Assigns. This Agreement is binding on the successors and assigns
of the Parties and constitutes a covenant running with the land that binds the heirs, personal
representatives, successors and assigns of the Parties. Owner acknowledges and agrees that City
may assign the maintenance obligations for the Pathway;provided,however,that City will remain
responsible for ensuring the overall condition and maintenance of the Pathway.
12. Construction of Agreement. The captions preceding the Sections of this
Agreement are intended only for convenience of reference and in no way define,limit or describe
the scope of this Agreement or the intent of any provision hereof. Whenever the singular is used,
the same includes the plural and vice versa and words of any gender include the other gender. As
used herein, "including"means"including,without limitation."
13. Further Assurances. Each Party agrees to execute any documents and instruments
which any Party deems reasonably necessary or appropriate to carry out the purposes of this
Agreement.
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14. Notices. Any notice, demand, request, consent, approval, or communication that
either Party desires or is required to give to the other shall be in writing and either served personally
or sent by first class mail,postage prepaid,addressed as follows:
To Owner: Escena Community Association
c/o DESERT RESORT MANAGEMENT
42-635 Melanie Place,Ste. 103
Palm Desert,CA 92211
To City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City,California 92234
Attn: City Engineer
or to such other address as either Party from time to time designate by written notice to the other
Party.
15. Recordation. This instrument will be recorded by City in the Official Records of
the County of Riverside, California. Either Party may re-record this Agreement whenever re-
recording is required to preserve such Party's rights hereunder.
16. No Third-Party Rights. This instrument is made and entered into for the sole
benefit and protection of Owner and City and their respective heirs, grantees, successors, and
assigns. No person or entity other than the Parties hereto and their respective heirs, grantees,
successors,and assigns will have any right of action under the Agreement or any right to enforce
the terms and provisions of this Agreement.
17. Authority to Sign. Each of the Parties executing this Agreement represent that
they have authority and power to sign this Agreement on behalf of Owner and City,respectively.
18. Incorporation of Recitals. Each of the Parties acknowledges that the statements
contained in the Recitals are true and correct as of the date of this Agreement. The Recitals are
hereby incorporated into this Agreement as if set forth fully herein.
[Signatures on the following page.]
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R1V 114830-8743-9159 vl
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF OWNER AND CITY
have executed this Agreement as of the date below.
City of Cathedral City: Escena Community Association:
By: (t-t- , —'' By: L
y•
harles P. McClendon J n Edgco b,
City Manager
its: ireStcler�"�
ATTEST:
By: r►4411M _
Gary F. owell, Ci Clerk
APPROVED AS TO FORM:
By: i�� —
r
Eric S. ail, City Attorney
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R1V#4830-8743-9159 vl
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness,accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ()rang {✓ )
On May ICI , 2017 before me, 5u .rztin 6 W(Girl (lei &1-1 1Vok1Yy 171,1 C/
(insert name and title of the officer),
personally appeared John Edgcomb, who proved to me on the basis of satisfactory evidence to be
the person(s) whose names is/ape subscribed to the within instrument and acknowledged to me
that he/sly/they executed the same in his/Jker/their authorized capacity(ie';), and that by
his/b /the1r signature(s) on the instrument the person(*),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: ,( 1 1�I
[Seal]
SUZANNE MARIE GINIECZKI
�rt► Commission#F 2136490
•4 • 1 Notary Public-California I
• -n) Orange County
M Comm.Ex free Dec 12,2019
7
RIV#4830-8743-9159 v
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness,accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF RI vt-61(.1�. )
On r' fl\ i 1 ,2017 before me, h(G4(` .' R U vii YIC2 Nc V Pl�ibt Ir __
(insert nac�ce and title of the officer),
personally appeared 1,`yi ill-- P. 'YiC01-c4'1ilL#i who proved to me on the ,
basis of satisfactory evidence to be the person whose name(O is/ar4ubscribed to the within
instrument and acknowledged to me that he/sl /the/executed the same in his/hpp/tl}tir
authorized capacity and that by his/hq(r/thicr signature(syon the instrument the persons ,or
the entity upon behalf of which the person(p5 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.
9
Signatu
�Ljl
■
•
[Seal] I.
i
EXHIBIT A
DEPICTION OF EASEMENT
(attached)
Exhibit A— I
RIV#4830-8743-9159 vI
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement,
dated April 3, 2017 from ESCENA COMMUNITY ASSOCIATION, A CALIFORNIA
COMMUNITY ASSOCIATION, GRANTOR, HEREBY GRANTS TO THE CITY OF
CATHEDRAL CITY , A MUNICIPAL CORPORATION, GRANTEE, a certain easement
to accommodate the construction, maintenance and use of a paved pathway and
related improvements intended for public use by pedestrians and bicycles, which may
constitute a portion of a lengthier pathway to be known as CVLink, is hereby accepted
by the Deputy City Clerk of said Municipal Corporation, this 25th day of April, 2017,
pursuant to authority granted by the City Council of said City, by Resolution No. 82-13
made on the 3rd day of February, 1982, and the Grantee consents to recordation
thereof by said Deputy City Clerk, its duly-authorized officer.
Dated at Cathedral City, California, this 25th day of April, 2017
1
Tracey Ma Inez, CM 46
Deputy City Clerk
City of Cathedral City
APN No. 677-260-048
Lot "v" as shown on Tract Map No. 32233-1 per Book 381 pages 59-67, records of
Riverside County.
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