HomeMy WebLinkAboutContract 1533-5 DOC # 2015-0566300
12/31/2015 03:14 PM Fees: $0.00
Recording Requested By Page 1 of 32
First American TIfleCompany Recorded in Official Records
National Commercial County of Riverside
Peter Aldana
RECORDING REQUESTED BY: ) Assessor-County Clerk-Recorder
) **This document was electronically submitted
THE CITY OF CATHEDRAL CITY ) to the County of Riverside for recording**
Receipted by:TERESA#134
AND WHEN RECORDED RETURN TO: )
THE CITY OF CATHEDRAL CITY )
68-700 Avenida Lalo Guerrero )
Cathedral City, CA 92234 )
Attn: Agency Secretary )
APN: )
/VC,S - 2 3 et r (Space Above for Recorder's Use)
Exempt from Recording Fees per Government Code Section 27383
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
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21469-930
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Recording Requested By
First American Title Company
National Commercial Services
RECORDING REQUESTED BY: )
THE CITY OF CATHEDRAL CITY )
AND WHEN RECORDED RETURN TO: )
THE CITY OF CATHEDRAL CITY )
68-700 Avenida Lalo Guerrero )
Cathedral City, CA 92234 )
Attn: Agency Secretary )
APN: )
AIGS — ?1 388 5- (Space Above for Recorder's Use)
Exempt from Recording Fees per Government Code Section 27383
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
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NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY)
This Easement Agreement with Maintenance Covenants ("the Agreement") is
entered into by and among the CITY OF CATHEDRAL CITY, a California municipal corporation
(the "City"), the CITY OF CATHEDRAL CITY SOLELY IN ITS ROLE AS SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a separate legal entity
existing under Health & Safety Code Section 34173 ("Successor Agency"), M & M PROPERTY
COMPANY, LLC, a California limited liability company (the "Developer"), and CONNEAUT
PARTNERS, LLC, a California limited liability company ("Conneaut"). Collectively said parties may
be referred to herein as the "Parties," or individually as a "Party." This Agreement bears the
date of N W-ayl o v (() , 2015 for purposes only of document recordation and
identification (herein known as the "Record Date").
RECITALS
WHEREAS, the Parties have cooperated in the creation of Parcel Map 36428 (the
"Map"), recorded on July 1, 2013, in Parcel Map Book 235, at Pages 69 through 71, inclusive, in
the Official Records of Riverside County, California (the "Official Records"), a copy of which
recorded map is attached hereto as Exhibit "A", which created, realigned, resized, or otherwise
affected previously existing land parcels, and provides said affected parcels with new legal
descriptions; and
WHEREAS, Conneaut, prior to the recording of the Map, was owner of that certain
property legally described on Exhibit "B" attached hereto (the "Original Conneaut Land"), and
shown on the recorded Map as Parcels 9, 10, and 11. Conneaut entered into that certain Lease
dated February 15, 2004 (the "Conneaut Lease") with CCC Properties, LLC, a California limited
liability company ("Original Tenant"). By way of assignment from Original Tenant, the former
Redevelopment Agency of the City of Cathedral City was assigned all of Original Tenant's right,
title and interest, and it assumed all of Original Tenant's obligations thereafter arising, under
the Conneaut Lease for the Original Conneaut Land pursuant to the Assignment and
Assumption of Lease dated March 7, 2007. As a result of the dissolution of the former
Redevelopment Agency of the City of Cathedral City by action of California State Legislature on
February 1, 2012, and the appointment of City of Cathedral City as Successor Agency to the
former Redevelopment Agency, Successor Agency is the current "Tenant" under the Conneaut
Lease; and
WHEREAS, the former Redevelopment Agency of the City of Cathedral City entered
into a Disposition and Development Agreement (the "DDA") with Developer, dated as of June
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22, 2011, a Memorandum of which was recorded as Document No. 2012-0300735 in the Official
Records on June 28, 2012, which called for the transfer to Developer of certain land located in
the area covered by the Map for the purposes of developing an automobile dealership (the
"Automobile Dealership") and an access road located on Parcel 1 and Parcel 11 (the "Access
Road"), which road would benefit not only Developer's land but other parcels as well (all as
more particularly provided and described in the DDA, which is incorporated herein by
reference); and
WHEREAS, Successor Agency, in accordance with the terms of the DDA, has
previously transferred certain land to Developer, by deed recorded on June 28, 2012, as
Instrument No. 2012-0300738, in the Official Records, for use in constructing the Automobile
Dealership and the Access Road, which land is depicted on the Map as: Parcel 1 (more or less
the eastern and southern portions of the Access Road), Revised Parcel 2 (as defined in the
Recital below ), Revised Parcel 5 (as defined in the Recital below) and Parcel 8. Parcel 11 (which
is a portion of the Original Conneaut Land, which is sometimes referred to herein as the
"Former Conneaut Land") is legally described in Exhibit "C", attached hereto) and is more or
less the northwestern portion of the Access Road; and
WHEREAS, subsequent to the recordation of the Map, Developer, Successor Agency
and the City processed and recorded Lot Line Adjustment No. 2014-469 (the "Lot Line
Adjustment"), attached hereto as Exhibit "D", which adjusted the boundaries between Parcel 2,
which is the Automobile Dealership, and Parcel 5 of the Map. A portion of Parcel 5 was
transferred by Successor Agency to Developer by deed recorded March 31, 2014, as Instrument
No. 2014-0116836, in the Official Records, which enlarged Parcel 2, and gave it a new legal
description, and decreased the size of Parcel 5, and gave it a new legal description. The
enlarged Parcel 2 is described and shown in Exhibit "D" and is hereafter referred to as "Revised
Parcel 2" and the remaining portion of Parcel 5 as shown and described in Exhibit "D" is
hereafter referred to as "Revised Parcel 5"; and
WHEREAS, in exchange for Parcel 11 to be transferred to Developer by Conneaut
for inclusion as part of the Access Road as required by the DDA, Developer is, concurrently with
the recording of this Agreement in the Official Records, transferring to Conneaut the land
shown on the Map as Parcel 8. As a result, upon recording of the Property Transfer Agreement
in the Official Records, Conneaut will own Parcel 8, Parcel 9 and Parcel 10 of the Map, herein
referred to as the "Conneaut Property," and Developer will own Parcel 1, Parcel 11, Revised
Parcel 2 and Revised Parcel 5; and
WHEREAS, Successor Agency consents to the transfer of Parcel 11 by Conneaut to
Developer, which will result in Parcel 11 no longer being a part of the Original Conneaut Land
that is the subject of the Conneaut Lease with Successor Agency as current Tenant; and
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WHEREAS, in consideration of the decrease in the size of the land covered by the
Conneaut Lease by the transfer of Parcel 11 to Developer and by the dedication of a portion of
said land, Parcel "A", as shown on the Parcel Map, for highway purposes, Successor Agency and
Conneaut acknowledge that Parcel 8, through its transfer to Conneaut by Developer, may be
leased by Successor Agency from Conneaut pursuant an amendment to the Conneaut Lease or
a separate lease, on terms and conditions mutually acceptable to Successor Agency and
Conneaut; and
WHEREAS, the Oversight Board of the Successor Agency (the "Oversight Board")
and the California Department of Finance ("DOF"), as required under Health & Safety Code
Sections 34177 and 34181, have approved of (i) the transactions described in the above
Recitals, and (ii)this Agreement; and
WHEREAS, the Parties desire to set forth certain terms for the access easement and
the sharing of maintenance costs of the street, curbs, gutters and other related improvements
that are part of the Access Road (the "Access Road Improvements"), which have been
constructed by Developer prior to the Record Date .
NOW,THEREFORE,THE PARTIES AGREE TO BE BOUND BY THE PROMISES,
COVENANTS AND OBLIGATIONS CONTAINED IN THIS AGREEMENT, EACH OF THEM
ACKNOWLEDGING THE SUFFICIENCY OF THE CONSIDERATION GIVEN TO IT.
TERMS AND CONDITIONS
Section 1. Incorporation of Recitals.
Each of the Recitals set forth above is incorporated in this Agreement, and the
Parties each acknowledge and agree the truth and accuracy thereof.
Section 2. Identification of Parties and Parcels; Recording of Agreement.
a. The ownership of the Parcels, as modified by the Lot Line Adjustment in Exhibit
"D", prior to the transactions contemplated by this Agreement are listed below:
(1) Successor Agency: Parcel 6 and Parcel 7;
(2) Developer: Parcel 1, Revised Parcel 5, Revised Parcel 2 and Parcel 8;
(3) Conneaut: Parcel 9, Parcel 10 and Parcel 11; and
(4) Not a part of this Agreement: Parcel 3 and Parcel 4.
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b. The Parcels of the Map and lands to be owned by each of the Parties after completion of
the transactions contemplated by this Agreement are listed below:
(1) Successor Agency: Parcel 6 and Parcel 7;
(2) Developer: Parcel 1, Revised Parcel 2, Revised Parcel 5 and Parcel 11; and
(3) Conneaut: Parcel 8, Parcel 9, and Parcel 10.
c. This Agreement shall be recorded in the Official Records. References herein to a
Parcel number, if not expressly described as relating to a different parcel map, shall mean and
refer to that Parcel number described on the Map.
Section 3. Easement Agreement.
a. In consideration of the transfer of Parcel 11 to Developer, and of the various
promises, covenants and obligations of each of the other Parties contained in this Agreement,
the sufficiency of which is expressly acknowledged, Developer hereby grants an irrevocable
non-exclusive appurtenant easement (the "Grant of Easement")to the owners of Parcels 6, 7,
8, and 10 (collectively, the "Benefitted Parcels"), and to their heirs, personal representatives,
successors and assigns, without time limit or other constraint, except as otherwise provided in
this Agreement (the owners of the Benefitted Parcels, whomever they may be from time to
time, are referred to herein as the "Benefitted Owners") on and over the Access Road for the
purposes of ingress, egress and other access by all persons to and from the Benefitted Parcels.
It is expressly intended that, consistent with City regulations, each Party may have access to the
Access Road along the entire frontage of their Parcel to the extent that it fronts the Access
Road, inasmuch as the Parcels, other than Revised Parcel 2 and Revised Parcel 5, are not
presently developed and it cannot be known with certainty where improvements on the
Benefitted Parcels will ultimately be constructed. No access over the Access Road to a
Benefitted Parcel shall unreasonably restrict access over the Access Road to another Benefitted
Parcel, or to create unsafe or hazardous traffic patterns or conditions within the Access Road.
Parcels 3 and 4 are not part of this Agreement, as described in section 2 above;thus, Parcels 3
and 4 are not Benefitted Parcels, and the owners and occupants thereof, are not "Benefitted
Owners" and shall not be entitled to use the easements granted herein.
b. In addition, if Conneaut or its successors or assigns, should ever take any action
as part of any development, or permit any lessee of the Conneaut Property to take any action
as part of any development, to combine Parcels 8, 9 and 10, or any part of them, either into one
parcel or into one use, even if they remain separate parcels, such that access to what is now
Parcel 9 becomes possible from the Access Road over and through what is now Parcel 8 or
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Parcel 10 (herein referred to as "Conneaut Use Change"), then the Grant of Easement by
Developer in this section 3 shall extend to Parcel 9, and Parcel 9 shall thereafter be deemed to
be a Benefitted Parcel, and its owner a Benefitted Owner. If there is no Conneaut Use Change,
such that access to the Access Road from Parcel 9 is not possible, then the Grant of Easement
shall not apply to Parcel 9. Additionally,the Grant of Easement shall not apply to an
arrangement between two unrelated Benefitted Owners, one located on Parcel 9 and one
located on Parcel 8 and/or Parcel 10, for access to the Access Road from Parcel 9.
c. A Monument Sign ("Monument Sign") may be located at the juncture of the
Access Road and East Palm Canyon to indicate the names of businesses whose primary
entrance is located on the Access Road. Prior to construction of the Monument Sign, the Parties
for all of the Benefitted Parcels must first agree in writing to its construction and maintenance.
The Monument Sign shall be constructed so as to allow one display area on each side thereof
for each of the Benefitted Parcels plus one display area for Revised Parcel 2 and one display
area for Revised Parcel 5 (assuming that each of said Parcels otherwise qualifies under the
terms of this paragraph). The Monument Sign shall be located so as not to block view or access
of a Benefitted Parcel (or Revised Parcel 2 or Revised Parcel 5)from East Palm Canyon, and shall
be in conformity with all pertinent City sign regulations. Nothing contained herein shall prevent
any Party from constructing business signs within their own Parcel, so long as those signs are in
conformity with all pertinent City regulations.
Section 4. Maintenance and Repair of the Access Road; Reimbursement.
a. Developer shall, at its sole cost and expense (but subject to reimbursement to
the extent expressly set forth in this Agreement), maintain and repair the Access Road
Improvements (and make such replacements thereof as are reasonably required) in order to
keep the Access Road and the Access Road Improvements in good condition and repair
(collectively, the "Maintenance of the Access Road Improvements"). In recognition of the
financial cost to be incurred by Developer for the Maintenance of the Access Road
Improvements, the other Parties each agree to reimburse Developer according to the Cost
Proration (as defined subsection 4.c below) for such Maintenance Costs (as defined in
subsection 4.b below and set forth in Exhibit "E" attached hereto).
b. The term "Maintenance Costs" as used herein shall mean the following costs to
the extent incurred with respect to the Access Road and Access Road Improvements only: (i)
real property taxes; (ii) insurance of reasonable scope and terms protecting Developer and each
of the Benefitted Owners from any claim arising from the use, operation or Maintenance of the
Access Road; (iii) street sweeping and cleaning, debris removal, periodic resealing of the surface
of the Access Road Improvements as is necessary; (iv) maintenance and repair (which includes
necessary replacements) of the Access Road Improvements or any part thereof as may become
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necessary or appropriate; (v) maintaining, watering, replacing, trimming, fertilizing and
otherwise taking care of landscaping within the Access Road in a first class manner,
replacement of landscaping within the Access Road as necessary, and gardening services; (vi)
utility costs pertaining to the Access Road Improvements, including lighting of the Access Road
Improvements, directional signs, and the monument sign; (vii) the cost of complying with the
requirements or standards of any governmental entity having any jurisdiction over any portion
of the Access Road or Access Road Improvements, over the manner of its maintenance or
operation or over the manner of access from public streets to the Access Road Improvements;
and (ix) any costs not so listed which are necessary or reasonable to incur in order to maintain,
repair, replace and operate the Access Road Improvements including, but not limited to, the
cost of hiring a property management company to handle the Maintenance of the Access Road.
c. The proration of the total of the Costs of Maintenance among the Parties,
including Developer, (the "Cost Proration") is attached hereto as Exhibit "E" to this Agreement
and is based upon the ratio which the total square footage of land area of each Benefitted
Parcel bears to the total square footage of land area of all of the Benefitted Parcels, Revised
Parcel 2 and Revised Parcel 5. If, for any reason, any of the Benefitted Parcels is increased in
size or reduced in size by virtue of a transfer of a portion of one Benefitted Parcel to another
Benefitted Parcel, the Cost Prorations of the affected Benefitted Parcels shall be recalculated
accordingly, including the Maintenance Cost Prorations of the Benefitted Owners of the
affected Benefitted Parcels.
d. Developer shall prepare an annual report which: (i) identifies the Maintenance
Costs; (ii) sets forth each Party's Cost Proration (based on the percentages as noted in Exhibit
"E") thereof; and (iii) is accompanied by reasonable supporting documentation of all of the
Maintenance Costs (collectively, the "Annual Maintenance Report"). The Maintenance Costs
shall not include any costs associated solely with Revised Parcel 2 and/or Revised Parcel 5 or
any other Parcel that is not the Access Road. The Annual Maintenance Report shall be
distributed, in a manner compatible with the notice provisions of this Agreement, by Developer
to the other Parties, or their heirs, personal representatives, successors or assigns as soon as
reasonably practicable (and in any event within ninety (90) days) following the end of the
calendar year in which such Maintenance Costs were incurred.
e. Once the final amount of the Maintenance Costs and each Party's Cost Proration
is determined, each Party shall pay its Cost Proration of the Maintenance Costs, and in any
event not later than thirty (30) days of the date the final amount is determined. A failure to do
so within the required period shall be deemed a potential breach of the covenant regarding
such owner's obligation to pay for such Maintenance Costs, which failure may become an
actual breach after Developer provides notice of default in compliance with the notice section
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of this Agreement and the owner of the Benefitted Parcel fails to make payment within the
time indicated in the notice, which time period shall not be less than ten (10) days following
such owner's receipt of such notice. A breach of this covenant shall not terminate or serve as
the basis for a termination of the Grant of Easement, but may be enforced by Developer or any
other Party by bringing an action in law or equity to recover the subject sums. If Developer
elects to proceed in a legal action, the provisions of subsections 5.c and 8.o hereof shall apply.
Developer may then enforce the judgment in any manner permitted under California law.
f. Notwithstanding any other provision of this Agreement, no Party shall be
responsible for payment of any Maintenance Costs with respect to a Benefitted Parcel it owns
unless and until it (or its heirs, personal representatives, successors, assigns or lessee hereafter)
obtains a building permit for a building and other improvements on such Benefitted Parcel. In
the event that a building permit for a building and other improvements upon a Benefitted
Parcel is issued to a Party (or its heirs, personal representatives, successors, assigns) or at any
time other than the commencement of the calendar year during which current Maintenance
Costs are calculated, said Party's Cost Proration for Maintenance Costs for that Benefitted
Parcel shall be prorated for said year.
g. In the event that at any time in the future the Conneaut Use Change occurs,
Developer, or its successors, assigns or lessees, shall re-compute the Cost Proration for
Maintenance Costs (but only to be effective once a building permit is issued with respect to
improvements on Parcel 9) to include the total square footage of land area of Parcel 9 in the
determination of the Cost Proration, which will result in a smaller share of the Cost Proration
for each of the other Parcels, and a larger share of the Cost Proration being allocated to the
owner of the Conneaut Parcels (if the owner thereof then continues to own all of the Conneaut
Parcels). Should that occur, the then owner of Parcel 9 shall pay its Cost Proration of
Maintenance Costs as and when otherwise required under this Agreement (and if Conneaut
then owns any other Parcels, it may reduce its payment of the Cost Proration of the
Maintenance Costs for Parcel 9 by the amount it would otherwise be reimbursed as described
in the next sentence). Upon receipt of the Cost Proration for Maintenance Costs for Parcel 9,
Developer shall re-compute the Cost Proration of Maintenance Costs for each of the other
Parcels, including Revised Parcel 2 and Revised Parcel 5, and shall reimburse the then owners of
the other Parcels for any amounts those owners overpaid, based on the earlier Cost Proration
of Maintenance Costs, as compared with the recomputed Cost Proration for Maintenance Costs
because of the Conneaut Use Change.
h. In the event that, after the initial completion of the Access Road Improvements,
the development of a Benefitted Parcel requires a physical disruption of the Access Road
Improvements for the underground installation of any utility or other service to the Benefitted
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Parcel, or causes undue wear and tear on the Access Road Improvements due to the travel
upon the Access Road Improvements of construction equipment, or requires that the Access
Road Improvements receive more than ordinary maintenance, repairs, replacements or
cleaning due to construction activities on or with respect to the Benefitted Parcel, the costs of
correcting such damage, wear and tear, or maintenance, repair, replacement or cleaning need
("Repair Costs") shall be the sole responsibility of the owner of said Benefitted Parcel.
Developer may require such work, or any part thereof, to be undertaken by the owner of the
Benefitted Parcel, or may undertake the work itself and charge the reasonable Repair Costs
thereof to the owner of the Benefitted Parcel, in which case Developer will provide the owner
of the Benefitted Parcel, as soon after the work of correction has been performed as is
practical, with an invoice containing a detailed explanation of the reasonable Repair Costs
incurred by Developer, it being understood that further invoices may be sent as other works of
correction become necessary.
i. The owner of the subject Benefitted Parcel under subsection 4.g above shall pay
each invoice for reasonable Repair Costs within sixty (60) days of receiving it. A failure to do so
within the required period shall be deemed a potential breach of the covenant regarding such
owner's obligation to pay for such Repair Costs, which failure may become an actual breach
after Developer provides notice of default in compliance with the notice section of this
Agreement and the owner of the Benefitted Parcel fails to make payment within the time
indicated in the notice, which time period shall not be less than ten (10) days following such
owner's receipt of such notice. A breach of this covenant shall not terminate or serve as the
basis for a termination of the Grant of Easement, but may be enforced by Developer or any
other Party by bringing an action in law or equity to recover the subject sums. If Developer
elects to proceed in a legal action, the provisions of subsections 5.c and 8.o hereof shall apply.
Developer may then enforce the judgment in any manner permitted under California law.
j. If the owner of a Benefitted Parcel refuses to pay its Cost Proration of
Maintenance Costs or the amount of the Repair Costs, and such refusal continues a breach of
the covenant contained in subsection 4.h above, Developer shall have the right to re-calculate
the applicable Cost Proration of the Maintenance Costs, including by adding thereto the unpaid
Repair Costs, among the non-defaulting Parties, and to reassess each of said non-defaulting
Parties for its Cost Proration of such expenses (including an allocation thereof to Developer) in
accordance with the allocation procedures outlined above. At such time as Developer recovers
any portion of the delinquent Maintenance Costs or the Repair Costs, and after deducting
Developer's reasonable attorneys' fees and legal costs to the extent not recovered by
Developer from the breaching owner (which recovery of such reasonable attorneys' fees and
legal fees shall have priority over reimbursement to the other Parties of the other amounts
recovered), Developer shall allocate among the non-defaulting Parties their respective shares of
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the recovered amounts. The intent of this section is to enable Developer to take action to
enforce and recover any Maintenance Costs and/or Repair Costs payable by a Party, to share
the financial burden of the delinquent amounts among all of the non-defaulting Parties as their
interests appear, to first repay Developer for advancing the costs of recovering any delinquent
amounts, and then to reimburse the non-defaulting Parties for the share of the unpaid
Maintenance or Repair Costs which each non-defaulting Party paid.
Section 5. Arbitration Provisions.
a. At any time that a Party is entitled to and elects to proceed to binding arbitration
in accordance with the terms of this Agreement, said Party shall serve a sixty (60) day notice,
given in compliance with the notice provisions of this Agreement, on each of the other Parties.
If an agreement on the disputed issue or issues has not been reached prior to the end of said
notice period, the aggrieved Party may proceed to arbitration as provided hereinafter. As
noted, any Party which has not served a timely and compliant notice contesting the relevant
documents, facts, totals or conclusions, may elect not to participate in the arbitration
proceeding. The Parties agree that any binding determination in arbitration shall apply to all of
the Parties, whether or not a Party elected not to participate.
b. The aggrieved Party shall follow the rules of the American Arbitration
Association regarding binding arbitration, and each of the Parties agrees to follow the same
rules, to be bound by the eventual decision, and that said decision may be entered as a
judgment in the Superior Court of Riverside County.
c. The "Costs" of each Party participating in the arbitration shall be awarded to
each Party deemed to be a prevailing party in said arbitration. The term "Costs" as used in this
subsection includes necessary and reasonable attorneys' fees, the fees paid or payable to the
American Arbitration Association, and any other reasonable and necessary costs which the
prevailing Party incurred in preparing and presenting its case to the arbitrator and enforcing the
judgment or award given in the arbitration.
Section 6. Notice Provisions.
a. Any notice permitted or required to be given under the provisions of this
Agreement shall be in writing and served on all of the Parties to the individuals and/or
organizations specified below, at the address specified, or to such other individual and/or
organization or address as may be specified from time to time by any Party in a notice given in
accordance with this section.
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b. Notices may be given in the following manner: by personal delivery; by
registered or certified mail, return receipt requested; by a reputable overnight courier service
(such as FedEx); or by e-mail and regular mail.
c. Notices shall be deemed to be effective: with respect to personal delivery or
delivery by reputable overnight courier, on the date of said delivery; with respect to registered
or certified mail, on the date indicated on the return receipt or registration form that the notice
acknowledges receipt, or if the notice was refused then the date of refusal shown on the form;
and with respect to e-mail and regular mail, on the third day after the regular mail is deposited
in the U.S. mail, postage prepaid and properly addressed to the Party or Parties.
d. Notices shall be provided to the Parties as follows, unless a Party has provided
alternative notice information, given to the other Parties in a written notice given in accordance
with this section:
Developer: M & M Property Company, LLC
2740 BROADWAY
Oakland, CA 94612
Attn: Michael Murphy
With a copy to:
Belzer, Hulchiy& Murray
3650 Mt. Diablo Blvd., Ste. 130
Lafayette, CA 94549
Attn: Robert A. Belzer
The City and City of Cathedral City
Successor Agency: 68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: Charles P. McClendon
With a copy to:
Green de Bortnowsky, LLP
23801 Calabasas Rd., Ste. 1015
Calabasas, CA 91302
Attn: Charles R. Green
Conneaut: Conneaut Partners, LLC
39 Shetland Court
P.O. Box 244
San Ramon, CA 94583
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Attn: Thomas Hollister
With a copy to:
Freeman, Freeman &Smiley LLP
1888 Century Park East, Suite 1900
Los Angeles, CA 90067
Attn: Glenn T. Sherman
Section 7. Indemnification Provisions.
a. Developer hereby agrees to indemnify, defend and hold each of the other
Parties harmless against any and all liabilities, costs, expenses, losses, damages, suits, claims,
legal proceedings or extra-judicial proceedings (including, without limitation, mediation and/or
arbitration) (collectively, the "Claims") arising out of Developer's construction, maintenance
and/or repair of the Access Road Improvements, and any actions taken or failure to act by
Developer in furtherance thereof.
b. Each of the Parties hereto, including Developer, hereby agrees to indemnify,
defend and hold each of the other Parties harmless against any Claims arising out of any
negligence or willful misconduct by the indemnifying Party which arises in connection to the
indemnifying Party's use of the Access Road and Access Road Improvements. This
indemnification includes Claims arising out of the negligence or willful misconduct of any third
party vendor, service provider or agent working on behalf of or utilizing the Access Road or
Access Road Improvements solely for the benefit of the indemnifying Party.
Section 8. General Provisions.
a. All exhibits attached to this Agreement are deemed to be incorporated into this
Agreement by reference.
b. The Parties agree to execute any additional documents, forms, notices,
applications or other documents reasonably necessary to carry out the intent of this
Agreement.
c. The Parties agree that, should any provision, section, paragraph, sentence or
word of this Agreement be rendered or declared invalid by any final arbitration award or final
judgment in any court action in a court of competent jurisdiction, or by reason of legislation,
the remaining provisions, sections, paragraphs, sentences and words of this Agreement shall
remain in full force and effect, and the Parties agree in good faith to immediately amend this
Agreement in such a way as to provide valid alternative provisions, sections, paragraphs,
sentences or words as to carry out the intent of this Agreement.
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d. Developer shall pay prior to delinquency all real property taxes and assessments
assessed and levied on or against the Access Road and Access Road Improvements. The
covenants, promises and obligations contained in this Agreement constitute equitable
servitudes and shall run with the land of each Parcel which is the subject of the Grant of
Easement, shall inure to the benefit of each of the Parties and their respective heirs, personal
representatives, successors and assigns, and shall be binding on the Parties and each of their
respective heirs, personal representatives, successors, assigns and lessees.
e. With respect to any default by a Party occurring after the Effective Date (as
defined in subsection 8.0 below), a non-breaching Party may institute legal action to cure,
correct or remedy any default, providing that notice and an opportunity to cure have been
given in compliance with the terms of this Agreement, and further provided that such action is
not otherwise required to be handled in binding arbitration or prohibited or restricted by the
provisions of this Agreement,to recover any damages arising from such breach or to obtain any
other remedy, legal or equitable, consistent with the purposes of this Agreement. Such legal
actions must be instituted in the Superior Court of the County of Riverside, State of California,
in any other appropriate court in that County, or in the Federal District Court in the Central
District of California.
f. The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
g. Except with respect to any rights and remedies expressly declared to be
exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the
exercise by any Party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default or any
other default by either the same defaulting Party or any other Party. A waiver of a requirement
by a Party shall not constitute an ongoing waiver of that requirement in the future.
h. No elected official, officer, employee or agent of the City having any conflict of
interest, direct or indirect, related to this Agreement shall participate in any decision relating to
this Agreement.
i. Each of the Parties warrants that it has not paid or given, and will not pay or
give, any third party any money or other consideration for obtaining this Agreement. Third
parties, for the purposes of this section, shall not include persons to whom fees are paid for
professional services if rendered by attorneys, financial or other consultants, accountants,
engineers, architects and the like when such fees are considered necessary by the Party. For the
purposes of this paragraph, third parties shall include any elected official, officer, employee or
agent of the City.
1808950.13
21469-930 13
j. No elected official, officer, employee, agent or attorney of the City, the
Successor Agency or the Oversight Board shall be personally liable to any Party, its shareholders
or principals, or any successor in interest, or any other party or person whatsoever, in the event
of any default or breach by the City or the Successor Agency, or for any amount which may
become due to a Party or to its successors, or on any obligations under the terms of this
Agreement, except for gross negligence or willful acts of such elected official, officer, employee,
agent or attorney.
k. In addition to specific provisions of this Agreement, performance by any Party
hereunder shall not be deemed to be in default where delays or defaults are due to war;
insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of
public enemy; epidemics; quarantine restrictions; freight embargoes or lack of transportation;
weather-caused delays; inability to secure necessary labor, materials or tools; acts of any other
Party other than as permitted or required by the terms of this Agreement; acts or failure to act
of any public or governmental agency or entity other than as permitted or required by the
terms of this Agreement (except that action or failure to act by the City shall not extend the
time for the City to act unless such extension is otherwise expressly authorized hereunder)
unless such action or failure to act is the result of a lawsuit or injunction, or any other causes
beyond the reasonable control or without the fault of the Party claiming an extension of time to
perform. Any extension of time for any such cause hereunder shall be for the period of the
delay caused thereby and shall commence to run from the time of the commencement of the
cause, if notice by the Party claiming such extension is sent to the other Parties within thirty
(30) days after the commencement of the cause. Times of performance under this Agreement
may also be extended by mutual agreement in writing by and among the Parties.
I. Each of the Parties shall have the right at all reasonable times and at no cost or
expense to inspect the books and records of Developer pertaining to any charge or assessment
for Maintenance Costs or Repair Costs up to the time such charges or assessments become final
in accordance with the provisions of this Agreement. Matters learned by any Party in the course
of such inspections shall not be disclosed to third parties unless required by law or unless
otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights
by the inspecting Party hereunder.
m. The City Manager of the City is authorized to sign, on his own authority, on
behalf of the City and/or the Successor Agency, amendments to this Agreement which are of
routine or technical nature.
n. Each Party represents and warrants the following: they have carefully read this
Agreement, and in signing this Agreement and agreeing to be bound by the same, they have
received independent legal advice from legal counsel as to the matters set forth in this
1808950.13
21469-930 14
Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in
this Agreement, and they have freely signed this Agreement and agreed to be bound by it
without any reliance upon any agreement, promise, statement or representation by or on
behalf of any other Party, or its respective agents, employees, or attorneys, except as
specifically set forth in this Agreement, and without duress or coercion, whether economic or
otherwise. This Agreement shall be interpreted as though prepared equally by all of the Parties.
o. If any Party hereto files any action or brings any action or proceeding against the
any other Party or Parties arising out of this Agreement, seeks the resolution of disputes, or is
made a party to any action or proceeding brought by a third party with respect to this
Agreement, then as between the complaining Party and the Party or Parties named in such
action, the prevailing Party shall be entitled to recover as an element of its costs of suit or
resolution of disputes, and not as damages, its reasonable attorneys' fees as fixed by the Court
or other forum for resolution of disputes as may be agreed upon by the Parties in such action or
proceeding or in a separate action or proceeding brought to recover such attorneys'fees.
p. Any Party shall have the right to encumber its interest in its respective Parcel
(subject to the limitations described in this Agreement with respect to encumbrance of the
Access Road or Access Road Improvements) by either mortgage or deed of trust, provided such
mortgage or deed of trust is subject to and subordinate to this Agreement. Notwithstanding the
foregoing, such mortgage or deed of trust, once recorded in the Official Records, shall at all
times remain superior to and have priority over any breach of this Agreement. The breach or
default of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of
trust made in good faith and for value on any Parcel or Parcels after the date of the recording of
this Agreement in the Official Records, but the agreements, conditions, covenants, easements,
restrictions and obligations hereof shall be binding and effective against any fee owner whose
title is acquired by foreclosure, deed in lieu of foreclosure, trustee's sale, or other enforcement
of rights under such mortgage or deed of trust.
q. Unless otherwise indicated with respect to a requirement, all time frames for
performance of an act required or permitted by this Agreement shall be calendar days. Time
frames measured in months shall be calculated with reference to the actual number of days in
the relevant months. Annual time frames shall mean a period of 365 days.
r. This Agreement shall be executed in four (4) duplicate originals, each of which is
deemed to be an original. This Agreement constitutes the entire understanding and agreement
of the Parties. The Parties may sign this Agreement in counterparts.
s. This Agreement and the other written instruments executed in connection
herewith integrate all of the terms and conditions mentioned herein or incidental hereto, and
1808950.13
21469-930 15
supersede all negotiations or previous agreements between the Parties with respect to all or
any part of the subject matter hereof.
t. All waivers of the provisions of this Agreement and all amendments hereto must
be in writing and signed by the appropriate representatives of the Parties. Other than minor or
technical amendments which the City Manager may approve on his own authority, any
amendment to this Agreement must be approved by the City Council of the City.
u. The Effective Date of this Agreement (the "Effective Date") shall be when both of
the following have occurred: (i) this Agreement has been approved by the City Council, both on
behalf of the City and acting as the legislative body of the Successor Agency; and (ii) the date
when the last signature on behalf of a Party is affixed hereto.
v. The Successor Agency hereby represents that all necessary approvals of the
Oversight Board have been received.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
1808950.13
21469-930 16
NOW,THEREFORE,THE PARTIES, AND EACH OF THEM, INTENDING TO BE BOUND TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, HAVE SET FORTH THE SIGNATURES OF
THEIR AUTHORIZED REPRESENTATIVES.
CITY: DEVELOPER:
CITY OF CATHEDRAL CITY, M & M PROPERTY COMPANY, LLC,
a municipal corporation a California limited liability company
By: By:
Charles P. McClendon, City Manager Michael Murphy, Managing Member
Date: klworYlkti°✓ (.Y , 2015 Date: , 2015
SUCCESSOR AGENCY: CONNEAUT:
CITY OF CATHEDRAL CITY SOLELY CONNEAUT PARTNERS, LLC,
IN ITS ROLE AS SUCCESSOR AGENCY TO a California limited liability company
THE FORMER REDEVELOPMENT AGENCY
OF THE CITY OF CATHEDRAL CITY,
a separate legal entity existing under
the . .1 : Safet Cod- By: o'""M•i 147■417/e/—
IThomas Hollister, Managing Partner
OA& _ LA- Date: /tlr1 i CV (l' , 2015
Charles P. McClendon,
Executive Director Signed In
Date: N)Vi vnbev , 2015 Counterpart
Attest:
fd POW g
Gary F. o 'ell
City Clerk
Approved as to form:
GREEN DE BORTNOWSKY, LLP
City Attorney
Charles R. Green
CATH\0046-47\Non-Exclusive Easement Agreement(11-4-15).docx
1808950.13
21469-930 17
NOW,THEREFORE,THE PARTIES,AND EACH OF THEM, INTENDING TO BE BOUND TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, HAVE SET FORTH THE SIGNATURES OF
THEIR AUTHORIZED REPRESENTATIVES.
CITY: DEVELOPER:
CITY OF CATHEDRAL CITY, M & M PROPERTY COMPANY, LLC,
a municipal corporation a California limited liability company
By: By: ( ,(--\
Charles P. McClendon, City Manager Michael Murphy, Man ember
Date: , 2015 Date: II D-31/ , 2015
SUCCESSOR AGENCY: CONNEAUT:
CITY OF CATHEDRAL CITY SOLELY CONNEAUT PARTNERS, LLC,
IN ITS ROLE AS SUCCESSOR AGENCY TO a California limited liability company
THE FORMER REDEVELOPMENT AGENCY
OF THE CITY OF CATHEDRAL CITY,
a separate legal entity existing under
the Health &Safety Code By:
Thomas Hollister, Managing Partner
By: Date: , 2015
Charles P. McClendon,
Executive Director Signed In
Date: , 2015
Counterpart
Attest:
Gary F. Howell
City Clerk
Approved as to form:
GREEN DE BORTNOWSKY, LLP
City Attorney
Charles R. Green
CATH\0046-47\Non-Exclusive Easement Agreement(11-4-15).docx
1808950.13
21469-930 17
CERTIFICATE OF ACKNOWLEDGMENT
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 r U l I fC v Ir11 Ci )
County of 1-`)I v(VSi(le )
On Iv oir vy*x v kii,206 before me,--t 4(JC 'L-) 12, h d I' � L1 LYkI t'21 P�
Date e e Insert Name and Title of the Officer
personally appeared Chi✓1e5 P. h'tc r 1 e v'1�C
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(/ whose name(' is/ark subscribed to the within
instrument and acknowledged to me that he/sO/tVey executed
the same in his/hWr/thtir authorized capacity(ie,j, and that by
TRACEY R.IIIARTINEI his/h /thr signature(sf on the instrument the person(sf, or the
Commission•2104537 entity upon behalf of which the person(y)! acted, executed the
1 �: instrument.
.. Notts!PubNe-coma
►� Riverside Counsy
f Comm,ergs 21 2019 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.
Signaturtj itAtzay inC'ti1{,�
Place Notary Seal Above
CERTIFICATE OF ACKNOWLEDGMENT
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 C(,t f I LHO I C'
County of vevsjd�
On Nwe,mbev Il0,7CF before me, > e, 'P Yv e7) NcA i 143 Pc-1191 IC.,
Date � ere
Insert Name and Title of the Officer
personally appeared CM Virn P- hr C hirl(1cx-)
Name(s)of Signer(s)
who prov d to me on the basis of satisfactory evidence to be the
person(whose names is/ape subscribed to the within
instrument and acknowledged fo me that he/s04/tVey executed
the same in his/h'r/th r authorized capacity(iest and that by
his/h¢r/th it signature(s) on the instrument the personas, or the
TIiACEYR.MAATINEt entity upon behalf of which the person(Vacted, executed the
.•r r. Commission•2104537
instrument.
`arr. 1! Notary Public-CaM101Riat
z RiversideCosj I certify under PENALTY OF PERJURY under the laws of the State
Comm.E 21 2019 of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur- /
Place Notary Seal Above
CERTIFICATE OF ACKNOWLEDGMENT
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 ofCQ I ' CA/r1i61 )
County of RI VCi/r3OE )
On kwPi '1-4020I before me,TV P YY,t 1 n TZ ��()-Z1■41- RM. IC_
Date t (eIn�sert Name and Title of the Officer J
personally appeared -rIn( y) 4S _eL%015 I!Ut t
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(sfwhose name ] is/a/6 subscribed to the within
instrument and acknowledged to me that he/sly /th${y executed
the same in his/hO/thr authorized capacity(i0, and t at by
his/hO/their signatures) on the instrument the person(sror the
TRACEY R. MARTINEZ entity upon behalf of which the personCe acted, executed the
:4 Commission 2101537
instrument.
., Notary Public-California
Riverside County
My Comm. Expires A 21,2019 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.
•
Signatur:a A . 1 _
10
Place Notary Seal Above
I
CERTIFICATE OF ACKNOWLEDGMENT
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 C � )
County ofa.vA.Ae )
On 1.IOve mbe r a3, 020 LS—before me, M • 1 . vl o} t p,d,•� t�
Date H re Insert Name and Title of the Officer
personally appeared M i h M .
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) are subscrii d to the within
instrument and acknowledged to me that(jYshe/they executed
the same in /her/their authorized capacity(i s), and that by
/her/their signatures) on the instrument the person(s), or the
entity upon behalf of which the person( acted, executed the
� ,,, M.T.HO instrument.
°s Commission No. 2036411 A NOTARY PUBLIC-CALIFORNIA I certi under PENALTY OF PERJURY under the laws of the State
'' AUWEDACOUNTY
L477:71, My Comm.Expires AUGUST 10,2017 of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature k
Place Notary Seal Above
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT LIST
EXHIBIT"A": Reduced copy of recorded Parcel Map No. 36428
EXHIBIT"B": Legal description of"Original Conneaut Land"
EXHIBIT"C": Legal description of"Former Conneaut Land"
EXHIBIT"D": Certificate of Compliance for Lot Line Adjustment No. 2014-469 and Legal
Descriptions of Revised Parcel 2 and Revised Parcel 5.
EXHIBIT"E": Cost Proration Percentages
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT"A"
Parcel Map No. 36428
RECORDED JULY 1, 2013, IN BOOK 235, AT PAGES 69-71
OF PARCEL MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY
follows this page:
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT"B"
Legal Description of"Original Conneaut Land"
follows this cover page:
1808950.13
21469-930
EXHIBIT"B"- Page 1 of 2
ORIGINAL CONNEAUT LAND
Parcels 21 through 24 and a portion of Parcel 25 of Parcel Map No.8635, as shown by map on
file in Book 38, Page(s) 65, 66 and 67 of Parcel Maps, Records of Riverside County.California.
Division 1:
Parcel 21 of Parcel Map 8635, in the City of Cathedral City, County of Riverside, State of
California; as shown by map recorded In Book 38, Page 65 through 67 inclusive, of Parcel Maps;
and as amended by a Certificate of Correction recorded January 22, 1987 as Instrument No. 87-
16835, Records Riverside County, California, together with that portion of Parcel 22, described
as follows:
Beginning at the Northeast corner of said Parcel 22;
Thence North 55° 41' 00" West along the Northerly Line; 10.00 Feet;
Thence South 34° 26' 25" West parallel with the Easterly Line; 278.67 Feet to a Point in the
Southerly Line;
Thence South 56° 34' 10" East, 10.00 Feet to the Southeast Corner;
Thence North 34° 26' 25" East,278.52 Feet to the True Point of Beginning.
Division 2:
Parcels 22, 23 and 24 of Parcel Map 8635, in the City of Cathedral City, County of Riverside,
State of California, as shown by map recorded in Book 38, Pages 65 through 67, inclusive, of
Parcel Maps, and as amended by a Certificate of Correction recorded January 22, 1987 as
Instrument No. 87-16835, Records of Riverside County, California, together with that portion of
Parcel 25, described as follows:
Beginning at the Northeast corner of said Parcel 25;
Thence North 55°41' 00" West along the Northerly Line; 10.00 Feet:
Thence South 34° 45' 40" West parallel with the Easterly Line of said Parcel 25, 281.95 Feet to a
Point in the Southerly line;
Thence South 56° 34' 10" East, 10.00 Feet to the Southeast Corner;
Thence North 34°45'40" East. 281.80 Feet to the True Point of Beginning;
1808950.13
21469-930
EXHIBIT"B"- Page 2 of 2
Except that Portion of Parcel 22, described as follows:
Beginning at the Northeast Corner of Said Parcel 22;
Thence North 55°41'00" West along the Northerly Line: 10.00 Feet;
Thence South 34°26' 25" West parallel with the Easterly Line,278.67 Feet to a point in the
Southerly Line;
Thence South 56°34' 10" East, 10.00 Feet to the Southeast corner;
Thence North 34°26'25" East 278.52 Feet to the True Point of Beginning.
As described In an ALTA/ASCM Land Survey prepared by The Thomsen Company. Inc.,dated
February 4, 2004.
Source of Legal Description: Unrecorded lease executed February 4, 2004, between
Tramview Land Company and CCC Properties, LLC.
1808950.13
21469-930
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT"C"
Legal Description of"Former Conneaut Land"
follows this cover page:
1808950.13
21469-930
EXHIBIT"C"
FORMER CONNEAUT LAND
All that certain real property situated in the County of Riverside, State of California,
described as follows:
Parcel 11 of Parcel Map No. 36428, in the City of Cathedral City, County of Riverside,
State of California, as shown on the map recorded in Book 235, Pages 69 through 71, inclusive
of Parcel Maps, in the Office of the County Recorder of said County.
Containing 0.16 acres more or less.
Assessor's Parcel Number: 687-510-046-7
1808950.13
21469-930
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT"D"
Certificate of Compliance for Lot Line Adjustment No. 2014-469
follows this cover page:
1808950.13
21469-930
NON-EXCLUSIVE EASEMENT AGREEMENT
WITH MAINTENANCE COVENANTS
(M & M PROPERTY COMPANY—CONNEAUT)
EXHIBIT"E"
Cost Proration Percentages
follows this cover page:
1808950.13
21469-930
EXHIBIT
«E»
COST PRORATION
PERCENTAGES
Parcel No. Size(acres) Size(s.f.) Owner
Percentage
(Benefitted parcels) of Total
Revised Parcel 2 3.6258 157,899 M&M 26.488
Revised Parcel 5 2.815 122,640 M&M 20.573
6 3.74141 162,975.8 City 27.340
7 2.05158 89,366.7 City 14.992
8 0.61978 26,997.5 Conneaut 4.529
10 0.83170 36,228.8 Conneaut 6.078
13.68527 ac. 596,107.8 s.f. 100.000
Notes:
Parcels 1, 3, 4, 9 and 11 of Parcel Map No. 36428, as modified by the Lot Line Adjustment,
are not a part of the Cost Proration.
Parcels 1 and 11 are the Access Road; Parcels 3 and 4 do not front the Access Road.
Parcel 9 (0.83 ac.) does not front the Access Road; however if parcel configurations change
such that Parcel 9 does have access to the Access Road, then the above Cost Prorations may
change, per the terms of this Agreement.
Revised Parcel 2 is the former Parcel 2 and a portion of the former Parcel 5, revised per the
Lot Line Adjustment, and Revised Parcel 5 is the remainder of the former Parcel 5, revised
per Lot Line Adjustment.
The Cost Prorations set forth on this Exhibit shall be the percentages used to determine each
Party's share of the Costs of the annual Maintenance Costs.
1808950.13
21469-930
or rn.tj Recorder
LARRY W. WARD P.O. Box 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
<, rat
DOCUMENTARY TRANSFER TAX AFFIDAVIT Website: www.riversideacr.com
WARNING
ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART
OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY
OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.
ASSESSOR'S PARCEL NO. 687-510-043-4 I declare that the documentary transfer tax for this
Property Address: Vacant Land,Conneaut parcels,Cathedral City, transaction is: $0.00
CA
If this transaction is exempt from Documentary Transfer Tax,the reason must be identified below.
I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE:
(The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10
which are taken from Riverside County Ordinance 516).Please check one or explain in "Other'.
1. _ Section 11911. The consideration or value of the Property,exclusive of any liens and encumbrances is$100.00 or less and there
is no additional consideration received by the grantor.
2. _ Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a
beneficiary.
3. _ Section 11921. The conveyance was given to secure a debt.
4. X Section 11922. The conveyance is to a governmental entity or political subdivision.
5. _ Section 11925. The transfer is between individuals and a legal entity or partnership,or between legal entities,and does not
change the proportional interests held.
6. _ Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing
beneficiary does not exceed the unpaid debt.
7. _ Section 11927. The conveyance relates to a dissolution of marriage or legal separation.
(A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.)
8. _ Section 11930. The conveyance is an inter vivosgift*or a transfer by death.
*Please be aware that information stated on this document may be given to and used by governmental
agencies,including the Internal Revenue Service.Also,certain gifts in excess of the annual Federal gift
tax exemption may trigger a Federal Gift Tax.In such cases,the Transferor(donor/grantor)may be
required to file Form 709(Federal Gift Tax Return)with the Internal Revenue Service.
9. _ Section 8. The easement is net perpetual,permanent,or for life.
10. _ Section 9. The document is a lease for a term of gm than(35)years(including written options).
11. _ Other (Include explanation and authority)
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Execu ' this 3,day of December,2015 at Ontario CA
/�i 1� City State
' V/ ,, Matt Hooks
Signature of Affiant Printed Name of Affiant
First American Title Insurance Company 3281 E.Guasti Rd.,Ste.440,Ontario,CA 91761
Name of Firm(if applicable) Address of Affiant(including City,State,and Zip Code)
(909)510-6207
Telephone Number of Affiant(including area code)
This form is subject to the California Public Records Act(Government Code 6250 et.seq.)
For Recorder's Use:
Affix PCOR Label Here
ACR 521(Rev. 11/2014) Available in Alternative Formats