KSL/Assignment of Lease for Bull Barn - 2002ASSIGNMENT OF LEASE
June
THIS ASSIGNMENT OF LEASE ( "Assignment ") is made as ofhlilq�27 2002, by and
between KSL Land Holdings, Inc., a Delaware Corporation ( "Assignor "), and the La Quinta
Redevelopment Agency, a public body, corporate and politic ( "Assignee ").
RECITALS:
A. Concurrently with the delivery of this Assignment, Assignor has conveyed to
Assignee and Assignee has acquired from Assignor a fee simple estate in and to certain real
property located in the City of La Quinta, California, more particularly described in Exhibit "A"
attached hereto (the "Real Property") pursuant to that certain Agreement of Purchase and Sale
and Joint Escrow Instructions dated May 22, 2002 (the "Purchase Agreement ").
B. Pursuant to the Purchase Agreement, Assignor is to assign to Assignee and
Assignee is to assume certain rights and obligations under those certain leases affecting the
Property as amended or modified (collectively, the "Leases "), which Leases are more
particularly described in Exhibit `B" attached hereto and incorporated herein by this reference.
NOW, THEREFORE, Assignor and Assignee agree as follows:
ARTICLE I
ASSIGNMENT OF LEASE
1.1 Assignment. Assignor hereby assigns to Assignee all of Assignor's right, title and
interest in and to all Leases affecting the Property as of the Effective Date, including, but not
limited to, all security and other deposits and prepaid rents paid thereunder (hereafter defined).
1.2 Assumption. Assignee hereby accepts the foregoing assignment, assumes the
Leases, and agrees to timely keep, perform and discharge all of the obligations of the lessor
under the Leases that accrue from and after the Effective Date hereof.
1.3 Indemnification. Assignor shall indemnify, protect, defend and hold Assignee
harmless from all losses, damages, claims, liabilities, demands, costs, offset rights and expenses,
including, without limitation, attorneys' fees arising out of any failure of Assignor to keep,
perform and discharge all of the obligations of lessor under the Leases prior to the Effective
Date. Assignee shall indemnify, protect, defend and hold Assignor harmless from all losses,
demands, damages, claims, liabilities, demands, costs, expenses and offset rights, including,
without limitation, attorneys' fees arising out of any failure of Assignee to so keep, perform and
discharge all of the obligations of the lessor under the Leases that accrue from and after the
Effective Date.
1.4 Effective Date. The "Effective Date" of this Assignment shall be the date that
Assignee acquires the Real Property.
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298098.01 ao6/13102 g
1.5 Consistency with Purchase Agreement. Nothing in this Assignment shall br
construed to modify or limit any provisions of the Purchase Agreement and in the event of any
inconsistency between this Assignment and the Purchase Agreement, the Purchase Agreement
shall control.
ARTICLE II
MISCELLANEOUS
2.1 Attorneys' Fees. In the event of any action between Assignor and Assignee
seeking enforcement of any of the terms and conditions to this Assignment, the prevailing party
in such action, whether by fixed judgment or settlement, shall be entitled to recover, in addition
to damages, injunctive or other relief, its actual costs and expenses, including, but not limited to,
actual attorneys' fees, court costs and expert witness fees.
2.2 Inurement. This Assignment shall inure to the benefit of Assignor and Assignee,
and their respective heirs, assigns and successors in interest.
2.3 Counterparts. This Assignment may be signed by the parties in different
counterparts and the signature pages combined to create a document binding on all parties.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.]
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288098.01 a06/13/02 g
2.4 Governing Law. This Assignment shall be governed by and construed in
accordance with the internal laws of the State of California, without regard to principles of
conflicts of law.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and
year first above written.
SELLER:
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Agency Counsel
KSL LAND HOLDINGS, INC.,
a Delaware corporation,
B
Name: Larry . Lichlite
Its: President
LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Nai
615/015610 -0048 Page 3
288098.01 aONll /02
2.4 Governing Law. This Assignment shall be governed by and construed in
accordance with the internal laws of the State of California, without regard to principles of
conflicts of law.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and
year first above written.
SELLER:
KSL LAND HOLDINGS, INC.,
a Delaware corporation,
Name: Larry E. Lichliter
Its: President
MRS-Vas
ATTEST: LA QUINTA REDEVELOPMENT
�� AGENCY, a public body, corpopte and politic
cretary
Name:
APPROVED AS TO FORM:
RUTAN 8 T CKER�, LL ?P
Agency Counsel
615/015610 -0048 — Page 3
288098.01 a06/13102 g
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL A
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6
WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID CENTERLINE,
NORTH 89 055'34" EAST, 633.19 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH
0 °06'19" WEST, 55.00 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTHERLY OF
SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
NORTH 89 055'34" EAST, 1075.47 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1945.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 043'49"
AND AN ARC DISTANCE OF 1586.34 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2055.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 46 039'23" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 047'58"
AND AN ARC DISTANCE OF 1678.53 FEET; THENCE PARALLEL TO AND 55.00 FEET
SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52,
NORTH 89 051'25" EAST, 859.04 FEET;
THENCE NORTH 0 008'35" WEST, 3.00 FEET; THENCE PARALLEL TO AND 52.00 FEET
SOUTH OF SAID NORTH LINE, NORTH 89 051'25" EAST, 155.06 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 291.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15 009'25" AND AN ARC DISTANCE OF 76.98 FEET;
THENCE PARALLEL TO AND 60.00 FEET SOUTH OF SAID CENTERLINE THE
FOLLOWING FOUR (4) COURSES:
SOUTH 89 051'25" WEST, 1081.86 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
615/015610-0048
288098.907 aD6/13/02 — EXHIBIT "A" - Page 1
286 g
46 047'58" AND AN ARC DISTANCE OF 1682.62 FEET TO THE BEGINNING OF A_
REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 46 °39'23" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 46 043'49" AND AN ARC DISTANCE OF 1582.26 FEET; THENCE SOUTH 89 °55'34"
WEST, 1708.65 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6;
THENCE ALONG SAID WEST LINE, NORTH 0-04'16" EAST, 60.00 FEET TO THE POINT
OF BEGINNING.
PARCEL A CONTAINS 1.506 ACRES, MORE OR LESS.
PARCEL B
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION
8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE
52, SOUTH 89 051'25" WEST, 60.04 FEET TO THE TRUE POINT OF BEGINNING;
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERSON STREET, SOUTH 2 012'44" EAST, 235.55 FEET TO A POINT OF CUSP WITH
A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
171.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 72 046'26" AND AN ARC DISTANCE OF 217.20 FEET; THENCE
NORTH 74 059'10" WEST, 55.07 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
15 009'25" AND AN ARC DISTANCE OF 76.98 FEET; THENCE PARALLEL TO AND 52.00
FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89 °51'25" WEST, 155.06
FEET; THENCE SOUTH 0 °08'35" EAST, 3.00 FEET; THENCE PARALLEL TO AND 55.00
FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89 051'25" WEST, 859.04
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 2055.00 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 13 017'09" AND AN ARC DISTANCE OF
476.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8, ALSO BEING
THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID NORTH LINE, NORTH
89 °51'25" EAST, 1733.26 FEET TO THE POINT OF BEGINNING.
PARCEL B CONTAINS 2.173 ACRES, MORE OR LESS.
PARCEL C
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 8,
AND THE WEST HALF OF THE WEST HALF OF SECTION 9, TOWNSHIP 6 SOUTH,
288098.01 a06 13/02 EXHIBIT "A" - Page 2
RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED_
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE CENTERLINE OF JEFFERSON STREET, SOUTH 2 012'44" EAST, 5267.69 FEET TO
THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID
SECTION 9, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89 °50'56" WEST,
65.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WESTERLY OF THE
CENTERLINE OF JEFFERSON STREET, NORTH 2 012'44" WEST, 297.88 FEET; THENCE
NORTH 1 023'37" WEST, 350.04 FEET; THENCE PARALLEL TO AND 60.00 FEET
WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH 2 °12'44" WEST,
3166.69 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE ALL
AMERICAN CANAL; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY, NORTH
89 053'14" EAST, 30.02 FEET; THENCE PARALLEL TO AND 30.00 FEET WESTERLY OF
THE CENTERLINE OF JEFFERSON STREET, NORTH 2 012'44" WEST, 130.09 FEET TO
THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL; THENCE
ALONG SAID NORTHERLY RIGHT OF WAY, SOUTH 89 053'14" WEST, 30.02 FEET;
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERSON STREET, NORTH 2 °12'44" WEST, 1322.87 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52;
THENCE ALONG SAID NORTH LINE, NORTH 89 051'25" EAST, 60.04 FEET TO THE
POINT OF BEGINNING.
PARCEL C CONTAINS 7.220 ACRES, MORE OR LESS.
PARCEL D
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 8, AND
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 9, SOUTH 89 °50'56" WEST, 65.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 89 °50'56" WEST, 132.94 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF
AVENUE 54, SOUTH 89 059'23" WEST, 2647.64 FEET TO THE SOUTHWEST CORNER OF
SAID SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION, SOUTH 89 °33'59" WEST, 48.00 FEET TO
THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 89 033'59" WEST; THENCE LEAVING SAID SOUTH LINE, AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
105 027'16" AND AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 74 °58'44" EAST,
615/015610 -0048 —
288098.01 a061I3/02 EXHIBIT "A" - Page 3,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE_
NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 °00'38"
AND AN ARC DISTANCE OF 26.20 FEET; THENCE PARALLEL TO AND 30.00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8,
ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89 °59'23" EAST, 2514.64
FEET; THENCE NORTH 83 °02'52" EAST, 151.56 FEET; THENCE NORTH 44 °58'49"
EAST, 36.66 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2 °12'44" EAST, 74.00 FEET TO THE
POINT OF BEGINNING.
PARCEL D CONTAINS 2.024 ACRES, MORE OR LESS.
PARCEL 2
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 7, AND SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6
WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID WEST LINE, SOUTH
0-04'16" WEST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52 THE
FOLLOWING FOUR (4) COURSES:
NORTH 89 055'34" EAST, 1708.65 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 °43'49"
AND AN ARC DISTANCE OF 1582.26 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 46 039'23" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 047'58"
AND AN ARC DISTANCE OF 1682.62 FEET; THENCE NORTH 89 °51'25" EAST, 767.06
FEET;
THENCE SOUTH 41 015'00" EAST, 787.18 FEET; THENCE PARALLEL TO AND 60.00
FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2 °12'44"
EAST, 669.32 FEET TO THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN
CANCEL; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT OF WAY OF
THE ALL AMERICAN CANAL THE FOLLOWING SEVEN (7) COURSES:
SOUTH 89 053'14" WEST, 2633.43 FEET; THENCE SOUTH 0 °00'06" EAST, 1320.62 FEET;
THENCE SOUTH 89 055'03" WEST, 20.00 FEET; THENCE SOUTH 0 °00'06" EAST, 420.29
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
615/015610-0048
28809 8.01 a06/13/02 — EXHIBIT "A" - Page 4
AND HAVING A RADIUS OF 796.20 FEET; THENCE SOUTHEASTERLY ALONG SAID_
CURVE THROUGH A CENTRAL ANGLE OF 28 030'00" AND AN ARC DISTANCE OF
396.05 FEET; THENCE SOUTH 28 °30'06" EAST, 74.10 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 636.20
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11 002'55" AND AN ARC DISTANCE OF 122.68 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 60 030'00" WEST, 59.57
FEET; THENCE NORTH 74 °00'00" WEST, 188.00 FEET; THENCE NORTH 35 °10'00"
WEST, 68.00 FEET; THENCE NORTH 40 °35'00" WEST, 111.50 FEET; THENCE NORTH
40 °50'00" West, 115.50 FEET; THENCE NORTH 75 °35'00" WEST, 93.50 FEET; THENCE
NORTH 36 040'00" WEST, 162.50 FEET; THENCE NORTH 19 °35'00" EAST, 61.50 FEET;
THENCE NORTH 36 000'00" WEST, 172.50 FEET; THENCE NORTH 45 °15'00" WEST,
214.00 FEET; THENCE NORTH 43 °10'00" WEST, 173.00 FEET; THENCE NORTH
45 025'00" WEST, 146.00 FEET; THENCE NORTH 13 055'00" WEST, 198.50 FEET; THENCE
SOUTH 82 000'00" WEST, 182.00 FEET; THENCE NORTH 58 015'00" WEST, 187.50 FEET;
THENCE NORTH 46 000'00" WEST, 180.50 FEET; THENCE NORTH 31 °50'00" WEST,
108.00 FEET; THENCE NORTH 5 055'00" WEST, 209.00 FEET; THENCE NORTH 10 020'00"
EAST, 180.50 FEET; THENCE NORTH 4 °40'00" EAST, 111.00 FEET; THENCE NORTH
2 040'00" WEST, 88.50 FEET; THENCE NORTH 14 °00'00" WEST, 202.00 FEET; THENCE
NORTH 64 040'00" WEST, 186.00 FEET; THENCE NORTH 67 °50'00" WEST, 187.00 FEET;
THENCE SOUTH 76 055'00" WEST, 124.00 FEET; THENCE SOUTH 37 010'00" WEST,
122.00 FEET; THENCE SOUTH 88 020'00" WEST, 75.50 FEET; THENCE NORTH 88 °20'00"
WEST, 75.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
72 025'00" AND AN ARC DISTANCE OF 88.47 FEET; THENCE NORTH 63 °25'00" WEST,
59.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 135.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
77 030'00" AND AN ARC DISTANCE OF 182.61 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 47.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 75 °50'00" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 105 045'00" AND AN ARC DISTANCE OF 86.75 FEET; THENCE SOUTH 88 020'00"
WEST, 75.50 FEET; THENCE NORTH 72 °20'00" WEST, 64.00 FEET; THENCE SOUTH
89 050'00" WEST, 88.50 FEET; THENCE NORTH 48 010'00" WEST, 89.50 FEET; THENCE
NORTH 38 035'00" WEST, 230.50 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
97 045'00" AND AN ARC DISTANCE OF 153.55 FEET; THENCE NORTH 8 °05'00" EAST,
116.00 FEET; THENCE NORTH 7 °05'00" WEST, 293.00 FEET; THENCE NORTH 45 045'00"
WEST, 143.00 FEET; THENCE NORTH 53 °25'00" WEST, 284.00 FEET TO A POINT ON
THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH
0004'16" EAST, 1068.43 FEET TO THE POINT OF BEGINNING.
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288098.001 a066/13/13 /02 g
PARCEL 2 CONTAINS 292.135 ACRES, MORE OR LESS.
PARCEL3
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, THE
SOUTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, OF SECTION 8; AND THE WEST HALF OF THE WEST HALF OF SECTION
9; TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 9, SOUTH 89 °50'56" WEST, 65.04 FEET; THENCE PARALLEL TO
AND 65.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH
2 012'44" WEST, 74.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
44 058'49" WEST, 36.66 FEET; THENCE SOUTH 83 °02'52" WEST, 151.65 FEET; THENCE
PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 54,
SOUTH 89 059'23" WEST, 2514.64 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
15 000'38" AND AN ARC DISTANCE OF 26.20 FEET; THENCE NORTH 74 °58'44" WEST,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 48.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
105027'16" AND AN ARC DISTANCE OF 88.35 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE ALONG SAID SOUTH
LINE, SOUTH 89 °33'59 WEST, 414.84 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF THE ALL AMERICAN CANCEL, SAID POINT ALSO BEING THE
BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 1372.40 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 56 056'06" WEST; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT
OF WAY OF THE, ALL AMERICAN CANAL, THE FOLLOWING TWELVE (12)
COURSES:
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 034'00"
AND AN ARC DISTANCE OF 37.53 FEET; THENCE NORTH 34 °37'54" EAST, 814.10
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 1492.40 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 6 024'00" AND AN ARC DISTANCE OF
166.70 FEET; THENCE NORTH 28 013'54" EAST, 272.60 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
56 044'00" AND AN ARC DISTANCE OF 768.58 FEET; THENCE NORTH 28 °30'06" WEST,
74.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 656.20 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
615/015610-0048 /02 EXHIBIT "A" - Page 6
28 030'00" AND AN ARC DISTANCE OF 326.41 FEET; THENCE NORTH 0 °00'06" WEST,
420.48 FEET; THENCE SOUTH 89 °55'03" WEST, 10.00 FEET; THENCE NORTH 0 °00'06"
WEST, 954.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 236.48 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89 053'20" AND AN ARC DISTANCE OF 371.00 FEET; THENCE NORTH 89'53'14" EAST,
2292.43 FEET;
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERSON STREET, SOUTH 2 °12'44" EAST, 3166.69 FEET; THENCE SOUTH 1 023'37"
EAST, 350.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2 °12'44" EAST, 223.88 FEET TO THE
POINT OF BEGINNING.
PARCEL 3 CONTAINS 226.610 ACRES, MORE OR LESS.
PARCEL 4
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE
52, SOUTH 89 051'25" WEST, 60.04 FEET; THENCE PARALLEL TO AND 60.00 FEET
WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2 012'44" EAST,
235.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
2 012'44" EAST, 418.00 FEET; THENCE NORTH 41 °15'00" WEST, 787.18 FEET; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52,
NORTH 89 051'25" EAST, 314.80 FEET TO THE BEGINNING OF A NON - TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 13 019'22" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 041'28"
AND AN ARC DISTANCE OF 8.59 FEET; THENCE SOUTH 74059'10" EAST, 55.07 FEET
TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 72 046'26" AND AN ARC DISTANCE OF
217.20 FEET TO THE POINT OF BEGINNING.
PARCEL 4 CONTAINS 3.207 ACRES, MORE OR LESS.
288098.010.043/02 EXHIBIT "A" - Page 7
EXHIBIT "B"
SCHEDULE OF LEASES
1. Lease Agreement (Bull Barn), dated July 1, 1997, by and between Xochimilco
Properties, Inc., a Delaware corporation, as trustee and nominee for KSL Desert Resorts, Inc. and
KSL Oak Land, L.P. (together, as "Landlord ") and MDS Consulting, a California corporation (as
"Tenant "); and
6151015610.004E - EXHIBIT "B"
288098.01 a06/13/02