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Coachella Valley Repertory Recorded in Official Records
of68510 E. Palm Canyon Drive PeteryAldanaverside
Cathedral City CA 92234 Assessor-County Clerk-Recorder
I VI INIIIIMUNCIIIIM
Por. APN 687-475-002 & 003
GRANT DEED
SUBJECT TO COVENANTS, CONDITIONS SUBSEQUENT, AND
GRANTOR'S POWER OF TERMINATION
For valuable consideration, receipt of which is hereby acknowledged,
CITY OF CATHEDRAL CITY, a municipal corporation, (Grantor)
Hereby Grants to:
COACHELLA VALLEY REPERTORY, a California nonprofit public benefit
corporation, (Grantee)
Those portions of Lots 2 and 3 of Tract No. 28339, as shown by map on file in Book 272,
at Pages 25 through 28, inclusive, Maps, in the office of the County Recorder of said
Riverside County, as more particularly described in Exhibit "A" and depicted in Exhibit
"B", which are attached hereto and made a part hereof.
This deed arises from City of Cathedral City Lot Line Adjustment No. 2021-532 and is not
intended to create a single legal parcel within the meaning of State Civil Code Section
1093. The property conveyed by this deed shall merge into a single legal parcel with
property owned by the Grantee.
DEED COVENANTS
1. Nondiscrimination Covenant:
This conveyance is subject to the following Non-discrimination covenant, and also subject
to all covenants, conditions, restrictions, reservations, rights, easements, rights of way,
encumbrances and any other matters of record.
Grantee agrees that the following Non-discrimination covenant shall bind Grantee for
itself, and its successors and assigns, and all subsequent holders of any interest in the
property described herein (hereinafter "Property") and are covenants running with the
land:
There shall be no discrimination against or segregation of any person or group of persons
on account of race, color, creed, religion, sex, marital status, sexual orientation, domestic
arrangement, domestic partnership status, national origin or ancestry in the development,
construction, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property described in the attached Exhibit "A", or any interest conveyed therein, nor shall
Grantee or any grantees or any persons claiming under or through the Grantee establish
or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the said Property. This covenant shall remain in effect in
perpetuity. All of the foregoing agreements and covenants shall run with the land and
shall inure to the benefit of and be enforceable by Grantor, and its successors and
assigns. In the event of any breach of the covenants contained herein, Grantor shall have
the right to exercise all the rights and remedies available at law or in equity to enforce
these covenants.
2. Grantor's Power of Termination
Grantor hereby reserves a power of termination pursuant to Civil Code Section 885.010
et seq., exercisable by Grantor, in Grantor's reasonable, sole and absolute discretion,
upon written notice to Grantee referencing this section, to terminate the fee interest of
Grantee in the Property and the improvements of or to the Property and revest fee title in
Grantor and take possession of all or any portion of such real Property and improvements,
without compensation to Grantee, upon the occurrence of the following event:
Grantee or its allowed assign, successors and heirs shall fail to continuously use and
operate the Property for Theater Use (as defined below), which may exclude Saturdays,
Sundays, state holidays, national holidays, and reasonable temporary periods of non-
operation during (i) performance, with consistent and diligent efforts, of major renovations
of the Property improvements or (ii) during force majeure events beyond Grantee's
reasonable control while using diligent efforts to re-open, such as earthquake, fire and
acts of terrorism. The term "Theater Use" means the following uses in compliance with
the restrictions and requirements of all matters of record title to the Property as of the
date hereof, and all applicable laws, zoning, and governmental ordinances, noise
restrictions, codes and regulations: (A) Primarily engaging in the admission to the
property of members of the public in exchange for the admittee's purchase of per-person
per-seat admission tickets from Grantee for seating within a group seating area for any
of the following: viewing or listening to movies, videos, films, digital data, music, live
entertainment (whether live performance plays, skits, repertory theater shows, concerts,
exhibitions, special event, sporting events, health or fitness events, educational offerings,
classes, speakers, or otherwise), simulcasts, workshops, seminars, festivals, or
conventions, and (B) ancillary uses of the property improvements for retail restaurant or
retail shop operations. The term "Primarily Engaging" means the theater facilities shall
comprise not less than the lesser of (1) sixty-five percent (65%) of the total legally
permissible building floor area of the theater (non-retail and non-restaurant) portions of
the Property and (2) fifteen (15 thousand (15,000) square feet of building floor area.
"Theater Facilities" means any building or portion thereof on the Property specifically
designed, constructed and used for seated group viewing or seated group listening of or
to movies or live entertainment and the patron lobby concessions stand, ticket booth, and
restrooms therefor.
Grantee further shall use the Property primarily for theater use as defined above. Any
change in the use and allowed operation of the Property may be made only with the prior
written consent of Grantor, which consent shall not be unreasonably withheld, conditioned
or delayed.
3. Run with the Land
The covenants in this Grant Deed and the Grantor's rights and remedies and powers
under this Grant Deed run with the land of the Property and bind Grantee and each
successive owner of the Property, and each successive owner of any portion of the
Property. However, Grantor's power of termination hereunder shall not defeat, render
invalid or limit, any leases, declarations of covenants, conditions and restrictions,
easement agreements or other recorded documents applicable to the Property that are
recorded after Grantee has first obtained the prior written consent thereto of Grantor.
4. Conveyance of Fee Title
Upon Grantor's exercise of its power of termination pursuant to this Grant Deed, Grantee,
its successors or assigns shall convey fee title to the Property and all improvements on
or to the Property to Grantor by Grant Deed in accordance with California Civil Code
Section 1109, as such code section may hereinafter be amended, renumbered, replaced
or substituted. Such conveyance shall be duly acknowledged by Grantee and a Notary
in a manner suitable for recordation. Grantor may enforce its rights pursuant hereto by
means of an injunctive relief, or forfeiture of the action filed in any Court of competent
jurisdiction.
5. No Compensation
Grantee acknowledges and agrees for itself, its successors and assigns, and each
successor-in-interest to the Property, any such revesting of fee title to Grantor shall be
without compensation to Grantee, its successors or assigns or any successor-in-interest
to title to the Property.
6. Not Secured by Deed of Trust
The covenants of Grantee under this Grant Deed are not secured by a deed of trust.
7. Re-Entry
IMMEDIATELY FOLLOWING GRANTOR'S GIVING OG THE NOTICE SPECIFIED IN
SECTION 2 ABOVE, GRANTOR, ITS EMPLOYEES, AGENTS, CONTRACTORS,
OFFICERS AND REPRESENTATIVES SHALL HAVE THE RIGHTS TO RE-ENTER AND
TAKE POSSESSION OF ALL OR ANY PORTION OF THE PROPERTY AND ANY
IMPROVEMENTS ON OR TO THE PROPERTY WITHOUT FURTHER NOTICE AND
WITHOUT COMPENSATION TO GRANTEE. BY INITIALING BEELIOW, GRANTEE
HEREBY EXPRESSLY WAIVES T, TO THE MAXIMUM EXTENT ALLOWED BY LAW,
ANY AND ALL RIGHTS THAT GRANTEE MAY HAAVE UNDER CALIFORNIA CODE
OF CIVIL PROCEDURES SECTION 1162, AS THOSE STATUTES MAY BE AMENDED,
REPLACED, RENUMBERED OR SUBSTITUTED, OR ARE UNDER ANY OTHER
STATUTES OR COMMON LAW PRINCIPLES OR SIMILAR EFFECT.
Grantee's initials
8. Waiver
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR'S EXERCISE OF ITS
POWER OF TERMINATION AND RIGHT OF ENTRY PURSUANT TO ITS POWER OF
SALE HEREUNDER MAY WORK A FORFEEITURE OF THE ESTATE IN THE
PROPERTY ONVEYED TO HGRANTEE PURSUANT TO THIS GRANT DEED.
GRANTEE HEREBY EXPRESSLY WAIVES TO THE MAXIMUM EXTENT ALLOWABLE
BY LAW, ANY AND ALL EQUITABALE AND LEGAL DEFENSES THAT GRANTEE MAY
HAVE TO SUCH FORFEITURE, INCLUDING BUT NOT LIMITED TO, THE DEFENSES
OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR
COMPENSABLE DAMAGES. GRANTEE FURTHER EXPRESSLY WAIVES TO THE
MAXIMUM EXTENT ALLOWED BY LAW, ANY AND ALL RIGHTS AND DEFENSES
THAT GARNTEE MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3275 OR
OTHER STATUTE OR COMMON LAW PRINCIPLE OR SIMILAR EFFECT. GRANBTEE
AKNOWEDGES AND AGREES THAT THE TERMS AND CONDITIONS OF THIS
GRANT DEED REFLECT THE POSSIBILITY OF FORFEITURE BY VIRTUE OF THE
EXERCISE OF GRANTOR'S POWER ORF TERMINATION PROVIDED HEREIN AND
FURTHER ACKNOWLEDGES IT HAS ECIEVED INDEPENDENT AND ADEQUATE
CONSIDERATION FOR ITS WAIVERS AND REINQUISHMENTS OF RIGHTS AND
REMEDIES PURSUANT TO THIIS GRANT DEED.
PLC-
Grantee's initials
SIGNATURES FOLLOW ON NEXT PAGE
Executed this P2 day of ,U" , 2022.
GRANTOR:
CITY OF C.. THEDRAL CITY
A munici• • cor•oration
By: T,,
T:mi E. cott, Director of
A dministrative Services
ATTEST:
f
(��f-cJYvl �� 'E,t-
Tracey . Hermosillo, City Clerk
City of Cathedral City
Grantee acknowledges that Grantee has specifically read and understood and agrees to
the above Non-discrimination covenants and the Deed Covenant for the Grantor's Power
of Termination, including the Grantor's rights and power of termination, re-entry,
repossession, removal, revocation, and enforcement under the Deed Covenants, without
any payment, compensation or refund to Grantee or anyone else.
GRANTEE:
COACHELLA VALLEY REPERTORY
A California nonprofit public benefit
Corporation
By: CCLoeg)6:4C60------
Name: :o &tip
Title: ?dcc,8
Date Jtikre- -) +- / ?Ai LL-
EXHIBIT "A"
GRANT DEED TO
COACHELLA VALLEY REPERTORY
The following portions of Lot 2 and 3 of Tract No. 28339, as shown by map filed in Book
272, at Pages 25 through 28, inclusive of Maps, Records of Riverside County,
California, described in Parcels as follows:
Parcel 1:
The following described portion of said Lot 2:
Beginning at the Northeast corner of said Lot 2 of Tract 28339;
Thence, North 89° 53' 51" West, along the North line of said Lot 2, a distance of 27.50
feet to the True Point of Beginning;
Thence, South 00° 06' 09" West, 3.00 feet to a point on a line parallel with and distant
Southerly 3.00 feet, measured at right angles from, the said North line of Lot 2;
Thence, North 89°O 53' 51" West, 120.66 feet along said parallel line;
Thence, South 45°06' 09" West, 51.39 feet to a point on a West line of said Lot 2;
Thence, North 00° 06' 09" East along the West line of Lot 2, a distance of 12.73 feet;
Thence, North 45° 06' 09" East, 37.63 feet;
Thence, South 89° 53' 51" East, 130.39 feet, along the North line of said Lot 2, to the
True Point of Beginning.
Containing 777 sq. ft., more of less.
Parcel 2:
The following described portion of Lot 3:
Beginning at the Northwest corner of said Lot 3;
Thence, South 00° 06' 09" West, along the West line of said Lot 3, a distance of 88.53
feet, to a point on the North line of said Lot 2 of Tract No. 28339;
Thence, South 89° 53' 51" East, along the said North line of Lot 2, a distance of 3.00
feet;
Thence, North 00° 06' 09" East 88.53 feet to the North line of said Lot 3;
Thence, North 89° 53' 51" West, 3.00 feet, along the said North line, to the Point of
Beginning.
Containing 266 sq. ft., more of less.
This legal description is based upon record data and
was prepared by:AP---A-----/ f � - G - 2.''' -2'1"-
David
�David R. Faessel RCE 18731
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EXHIBIT "B" R.C.E. 18731 xi
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PARCEL 1 = 777 SF ,_____-�0/Q
PARCEL 2 = 266 SF
/ r AREA OF GRANT DEED \
CITY OF CATHEDRAL CITY GRANTOR:
AREA OF GRANT DEED TO CITY of CA THEDRAL CITY
COACHELLA VALLEY REPERTORY
DESIGN By: SCALE: FILE NO.
LEGAL DESCRIPTION: DRF 7”=60"
PORTIONS OF LOTS 2 AND 3 OF TRACT 28339, MB 272/25-28 CHECKED BY. SHEET NO:
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