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HomeMy WebLinkAboutRecorded Doc 2017-332 • 2017-332 2017-0216632 05/31/2017 03:15 PM Fee: $ 0.00 Page 1 of 12 RECORDING REQUESTED BY AND Recorded In official Records Q County of Riverside WHEN RECORDED MAIL TO: Peter Aldana Assessor-County Clerk-Recorder CITY OF CATHEDRAL CITY , �IL�'1�'I � I 68700 Avenida Lalo Guerrero / R A Exam: C' h Cathedral City, California 92234 Attn: Bill Simons, P.E. Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC Senior Engineer 19 I ID SIZE NCOR SMF NCHG T: C -G_C SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 27383 r-2-7 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 NEW VALLEY PS LLC,a Delaware limited liability company("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 677-250-057, and more particularly described as: Lot"U" as shown on Tract Map No. 32233-1 per Book 381 pages 59-67, records of Riverside County. 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 ("Pathwww: Easement") over specific portions of Property, as more particularly described and depicted on Exhibit A attached hereto and incorporated herein by reference( "Easement Area"). 1 R1V#4830-8743-9159 vl 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 easement previously recorded by the Riverside County Flood Control District, a true and correct copy of which is attached hereto as Exhibit B or any other easement or interest recorded prior to the date of this Easement, which easement 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, a airs 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, construction, operation, maintenance, or lack of maintenance of the Pathway or related 2 RN#4830-8743-9159 v improvements, or the Easement Area by any person, except to the extent that any such liabilities are solely the 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. Disswtes.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) Correctivc 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.Pathwa ; 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 subsequent breach of the same or any other term of the Agreement or of any of the noticing Party's 3 RN#4830-8743-9159 vi 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. Atm litablo Low. 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 Invaliid*. 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. ConstructYon, 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 Assuran . 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. 4 RIV#4830-8743-9159 vl 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: New Valley PS LLC 4400 Biscayne Boulevard, 10th Floor Miami,FL 33137-3212 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.] 5 RIV#4830-8743-9159 vl THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF OWNER AND CITY have executed this Agreement as of the date below. City of Cathedral City: New Valley - LLC: & — . Charles P. McClendon :e nett :6rko, Authorized City Manager Signator ATTEST: By: ��6 _, ic...�. . / Gary F. Ho ell, Ci •,erk APPROVED AS TO FORM: �„ By: 4 Eric S. Vail, City Attorney 6 RN#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 NEW YORK ) ) ss: COUNTY OF t e.,.., 'E o*•%"- ) On `k 1 td,(c7 ,2017 before me, 'r-Da...r o, -3.1224 .)m.. (insert name and title of the officer), personally appeared � 01' vo-or> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o ' seal. /l Signature: [Seal] DARYA SVERDLOVA Notary Public,State of New York Registration 101 SV63158223 Qualified in Kings Wise : Cuis i —::- C 1 w l 1,MO 7 RN#4830-8743-9159 vl r'�.y✓ ';.r. C,. '_7( firrix ni il�ff . ate*,.,lecircubs0 Ny+$+t X1.4,4%zsau ta);" ‘� OF Riv .r`r'o PETER ALDANA Recorder • P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 w■` ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 Ywww.riversideacr.com o- cOtTvct ; NOTARY CLARITY Under the provisions of Government Code 27361.7, I 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: \tCt 5Vcyd bycl Commission #: D i SV Lp 31 r 2 Place of Execution:' `f o vL N 'w \.{uVIL Date Commission Expires: 12- Iv I f 2 ) I S Date: rnc, , 2011-- Signature: c\i, tan • Print Name: T a el R. c i Z ACR 186(Rev.07/2013) Available in Alternate Formats 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 h Vey`Ar�e_.. ) OnAn 1 I I ,2017 before me, �t.ti(\-,,A P. (Y'IC„ t+i a J Y\)PO 011 L (insert nathe and title of the officer) , personally appeared C 1L.Av(5 P IY)((".JPCri61(1 ,who proved to me on the basis of satisfactory evidence to be the person((whose name(is/96 subscribed to the within instrument and acknowledged to me that he/sl} /thiiy executed the same in his/h9f/tl*ir authorized capacity(ie0, and that by his/kir/their signatureO on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature , .(,6 4n,C [Seal] .. TRACEY Ft. M IIEt i ■, Commissions 2104532. < i Amery Facile•CMNanie z z -11.,/ Riverside County mx Comm.Extras 21 2019 8 RN#4830-8743-9159 vl j ySiaA . •_i ,ti.'t*, H:‘:• .,. .•n,..` }:sic, W •,), 4' • ' ' * EXHIBIT A DEPICTION OF EASEMENT (attached) Exhibit A— 1 RIV#4830-8743-9159 vl O , tlt Lo- coin- Boo op-N M o N .OO o O co tel = w � II IT' i Z 14 CO Z U)EZ1 0£� LL1 7,go)/ z t 'Fs/ —� ..617,8000 N _ Q '.19'95 ettil • Q W mz I— r... N W M W O i o 0.b O Z ti4emo8 Vsir= W O w -- CC N t00 Q `J Q m 8000g8g8,,,,��. ♦W� ?v)V W 0 ? - - nn V - N LU Q IA rii ca U ° c., I U !I� L�1 O vin onao ce .golw Ir 0 41e. 0 0 — N wa •J Z }o 0W � 8 ti In IN- Cel 1- S to JwNU p; � o2- ti. off, 00t ` it g. og 04 w NHJS333 3LU ILI W. t~l) .89'96 3 �����6o00N ¢ z • � � � N b' � \ - Z Z Z Z Z Z Z Z Z Z Z \ Z J 'I J J N J J J E 5 n / ... `. CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement, dated April 6, 2017 from NEW VALLEY PS LLC, A DELAWARE LIMITED LIABILITY COMPANY, 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 Tracey R., artinez, CMC Deputy City Clerk City of Cathedral City APN No. 677-250-057 Lot "U" as shown on Tract Map No. 32233-1 per Book 381 pages 59-67, records of Riverside County. -city of t. inc®op�sral�d f \ ; 7,1