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KSL/Temp Right of ReEntry - 2002TEMPORARY RIGHT OF ENTRY AGREEMENT *June THIS TEMPORARY RIGHT *OF ENTRY AGREEMENT (this "Agreement ") is dated for reference purposes only as of this Uki 27, 2002, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ( "Agency ") and KSL DESERT RESORTS, INC., a Delaware corporation ( "KSL ") (Agency and KSL may be hereinafter referred to together as the "Parties "). RECITALS A. Agency is, or concurrently herewith will be, the owner of certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Real Property "). B. Pursuant to that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated May 22, 2002 (the "Purchase Agreement "), by and Land Holdings, Inc. individually and as trustee and nominee under Land Trust Agreement dated December 22, 1993 ( "KSL Holdings "), as "Seller ", and Agency, as "Buyer," Agency agreed to allow KSL one hundred eighty (180) days after the close of escrow in which to enter upon certain portions of the Real Property commonly known as the "Sod Farm" and the "Maintenance Facility" (as hereinafter defined) in order to remove those certain items of personalty (collectively, the "KSL Personalty ") listed on Exhibit aB ", attached hereto and incorporated herein be reference. C. The purpose of this Agreement is to set forth the terms and provisions of KSL's right of entry. AGREEMENT NOW, THEREFORE, in consideration for the mutual promises, covenants and conditions contained herein and other good and valuable consideration, the Parties agree as follows: 1. Term. This Agreement shall be effective as of the date that the grant deed by which KSL Holdings conveys the Real Property to the Agency is recorded in the Official Records of Riverside, California (the "Effective Date ") and shall automatically terminate, without notice, on the date that is one hundred eighty days (180) thereafter (the "Automatic Termination Date "). In the event that, despite KSL's use of commercially reasonable and diligent efforts, KSL has not secured from all applicable governmental agencies the necessary permit(s) required to relocate the Maintenance Facility, KSL shall have the option to extend the Automatic Termination Date with respect to the Maintenance Facility only for a period which shall automatically terminate, without notice, on the earlier of (a) the date that is ten (10) business days after the date that KSL secures the certificate of occupancy or such other equivalent certificate issued by the City with respect to such maintenance facility or (b) the date that is one hundred eighty days (180) after the Automatic Termination Date. KSL may exercise the foregoing extension option by delivering to Agency on or before the Automatic Termination Date written notification of such extension and a one time extension fee of Five Thousand Dollars ($5,000.00). Notwithstanding the foregoing or anything to the contrary set forth herein, Agency may revoke the Right of Entry (as hereinafter defined) at any time during the term 615/015610 -0048 _ 292941.01 a06/13/02 _1 hereof upon written notice to KSL in the event: (i) in the reasonable judgment of Agency, that such revocation is necessary to protect the public health, safety, or welfare pursuant to the exercise of Agency's police powers; or (ii) KSL is in violation of the terns of this Agreement or any applicable law, statute, ordinance, rule, or regulation pertaining to KSL's (or any of KSL's officers, directors, shareholders, participants, affiliates, employees, representatives, invitees, agents, consultants, and contractors (collectively, the "Related Parties ")) entry upon the Real Property pursuant to this Agreement, and KSL has failed to cure such violation following KSL's receipt of notice of such violation from Agency. Additionally, during any extension period, Agency may revoke the Right of Entry (as hereinafter defined) upon written notice to KSL in the event that, in the reasonable judgment of Agency, KSL has failed to use commercially reasonable and diligent efforts to obtain the necessary permit(s) required to relocate the Maintenance Facility. 2. Grant of Right to Enter. Agency hereby grants to KSL a temporary right of entry and right -of -way (the "Right of Entry") in, on, and over that portion of the Real Property located west of the All American Canal and generally around the westernmost portion of the dirt road that leads to the Bull Bam, currently being leased to MDS Consulting (the "Maintenance Facility ") and that portion of the Real Property located east of the All American Canal and generally at the north -west comer of Avenue 54 and Jefferson Street (the "Sod Farm "), which Maintenance Facility and Sod Farm are more particularly depicted on Exhibit "C ", attached hereto and incorporated herein by reference. The sole purpose for which KSL shall be entitled to use the foregoing Right of Entry is to (i) operate, at KSL's sole cost and expense, the Maintenance Facility and Sod Farm, and (ii) remove, at KSL's sole cost and expense, the KSL Personalty, in accordance with the provisions set forth herein. In connection with KSL's removal of the sod located within the Sod Farm, KSL shall perform erosion control and soil stabilization. Any KSL Personalty that KSL elects not to remove from the Real Property shall, upon the expiration or earlier termination of this Agreement, become the property of Agency; provided, however, this sentence shall not be interpreted to diminish KSL's obligations with respect to repair and restoration of the Real Property as set forth in Section 4 below. 3. KSL Costs. In addition to any costs associated with KSL's operation of the Maintenance Facility and Sod Farm, and removal of the KSL Personalty from the Maintenance Facility and the Sod Farm, KSL shall pay any and all taxes, maintenance, utility, and insurance costs and all other costs associated with KSL's exercise of the rights granted hereunder. Furthermore, in accordance with California Revenue & Taxation Code § 107.6, KSL hereby acknowledges that the possessory interest granted herein may be a taxable interest and, KSL's obligations with respect to the payment of any and all costs associated with KSL's use of the Right of Entry as set forth in this Section 3 shall include, without limitation, the obligation to pay any such possessory interest tax. 4. Repair and Restoration of Propert y. KSL shall repair any damage it or any Related Party causes to the Maintenance Facility, the Sod Farm, and/or the surrounding Real Property in the course of removing the KSL Personalty from the Maintenance Facility and the Sod Farm pursuant hereto and shall restore the Real Property to a safe, sanitary, and debris -free condition to the reasonable satisfaction of Agency. 615/0156100048 _ -2- 292941.01 a06/13/02 5. Assignment. This Agreement and the Right of Entry is personal to KSL and the Related Parties and may not be assigned or transferred by KSL without the prior written consent of Agency. 6. Compliance with Applicable Laws. KSL shall comply with, and shall cause all of its Related Parties to comply with, all applicable governmental laws, rules, and regulations governing KSL's and its Related Parties' Right of Entry and use of the Real Property ( "Applicable Laws "). 7. Liens. KSL shall not permit to be enforced against the Real Property any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any use herein authorized or otherwise arising from the actions of KSL and/or its Related Parties, except from the actions of Agency, and KSL shall pay or cause to be paid all of said liens and claims before any action is brought to enforce the same against Agency or the Real Property; and KSL agrees to indemnify and hold Agency and the Real Property free and harmless from all liability for any and all such liens and claims and all costs and expenses in connection therewith, in accordance with the provisions set forth in Section 8 below. 8. Indemnity. KSL shall protect, defend, indemnify and hold harmless Agency and its officers, officials, members, employees, agents, and representatives (any of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees "), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys' fees and expert witness fees, excluding those resulting in any way from KSL's exercise of the Right of Entry, including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted ( "Claims "), arising out of or in.any manner directly or indirectly connected with the entry upon the Real Property by KSL or any of its Related Parties, including without limitation: a. Any damage to the Real Property and any liability to any third party incurred by reason of any acts or omission of, or any commission of any negligent or tortious acts, by KSL or its Related Parties; b. Any mechanics' or materialmen's liens, claims, demands, actions or suits arising (directly or indirectly) from (i) any work performed or materials supplied to or for KSL, or (ii) any activities or any of its Related Parties on or relating to the Real Property (including, without limitation, any claims by any of such Related Parties); and c. Any costs of removing KSL or its Related Parties from the Maintenance Facility, the Sod Farm, and/or any surrounding areas of the Real Property after the expiration of the term hereof. 9. Insurance. KSL shall procure and maintain during the term of this Agreement, including any holdover period, commercial general liability insurance in an amount not less than One Million Dollars ($1,000,000). Agency and its respective officers, officials, members, employees, agents, and representatives shall be named additional insureds on such policy /ies. KSL's insurance required hereunder shall (i) be primary insurance and not contributory with any 615/015610 -0048 _3_ 292941.01 a06/13/02 — other insurance KSL may have; (ii) not contain any special limitations on the scope of protection afforded to Agency and Agency's officers, officials, members, employees, agents, and representatives; (iii) be "date of occurrence" and not "claims made" insurance; (iv) apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (v) shall provide that the policy shall not be cancelled by the insurer or KSL unless there is a minimum of thirty (30) days prior written notice to Agency; and (vi) shall be written by a good and solvent insurer rated with a BEST rating of no less than B+ Class X, qualified to do business in California, and registered with the California State Department of Insurance. The deductible or self - insured retention must be declared to the Agency Executive Director, who in his/her sole discretion may require the insurer to reduce such deductible or self - insured retention (but in no event shall such deductible or self - insured retention be required to be reduced below Two Hundred Fifty Thousand Dollars [$250,000]) with respect to Agency and Agency's officers, officials, members, employees, agents, and representatives. KSL shall furnish or cause to be furnished to Agency's Executive Director, prior to the entry on the Real Property pursuant to this Agreement, evidence reasonably satisfactory to the Executive Director (A) of the insurance KSL is required to procure and maintain by this Agreement, and (B) that KSL or any contractor with whom KSL has contracted for the performance of work on or around the Real Property carries workers' compensation insurance as required by law. 10. Miscellaneous. a. Authority. Each signatory hereto warrants to the other party that it has authority to sign on behalf of the party for whom it purports to sign. b. Attorneys' Fees. In the event any party hereto brings suit to enforce the terms of this Agreement or on account of breach hereof, the party not prevailing in such suit shall pay all reasonable costs and expenses incurred by the other party in such suit, including, without limitation, court costs, attorneys' fees, and expert witness fees. c. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. d. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. e. Litigation Matters. The Municipal and Superior Courts of the State of California in the County of Riverside shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of California. Service of process on Agency shall be made in the manner required by law for service on a public entity. Service of process on KSL shall be made in any manner permitted by law and shall be effective whether served within or outside of California. £ Non - liability of Agency and City Officer's and Employees. No officer, official, member, employee, agent, or representative of Agency shall be personally liable to KSL, 615/015610 -0048 292941.01 a0W13 /02 or any successor or assign of same, in the event of any default or breach by Agency, or for any amount which may become due to KSL, or any successor or assign of same, or for breach of any obligation of the terms of this Agreement. g. Covenant Against Discrimination. KSL covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the performance of this Agreement. h. Notices. All notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second business day following dispatch. Notices shall be delivered to the following addresses: If to KSL: 50 -905 Avenida Bermudas La Quinta, California 92253 Attention: Legal Department If to Agency: La Quinta Redevelopment Agency 78 -495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Changes in the address to be used for receipt of notices shall be effected in accordance with this Paragraph. i. Time of Essence. Time is of the essence in the performance of the Agreement. j. Default: Remedies. If any party hereto fails to timely perform any term or provision of this Agreement which it is obligated to perform, such party shall be in default of this Agreement; provided, however, the party shall not be deemed to be in default if (i) such party cures, corrects, or remedies such default within thirty (30) days after receipt of written notice from the other party specifying such failure, or (ii) for such defaults that cannot reasonably be cured, corrected, or remedied within thirty (30) days, if such party commences to cure, correct, or remedy such failure within thirty (30) days after receipt of written notice specifying such failure and thereafter diligently prosecutes such cure, correction, or remedy to completion. If a default of either Party or, if applicable, either Party's successors or assigns, is not timely cured, corrected, or remedied, the non - defaulting Party's remedy for an uncured default by the defaulting Party or, if applicable, either Party's successors or assigns, notwithstanding anything in this Agreement, the Option Agreement, the Purchase Agreement, or any other agreement to the contrary, shall be limited to equitable remedies subject to, and to the extent permitted by, California law. In no event shall either Party be entitled to recover damages from the defaulting Party or, if applicable, either Party's successors or assigns, and such limitation shall specifically preclude the non - defaulting Party from recovering from the defaulting Party or, if applicable, 615/015610-0048 292941.01 a06/13/02 —5 either Party's successors or assigns, any monetary, consequential, or economic damages of any kind or nature. [END - SIGNATURE PAGE FOLLOWS] 615/015610 -0048 292941.01 a06/13/02 —6 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above - written. KSL DESERT RESORTS, INC., ATTEST: LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Agency Secretary By: APPROVED AS TO FORM: RUTAN & TUCKER, LLP Agency Counsel 615/015610 -0048 292941.01 a06/13/02 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above - written. KSL DESERT RESORTS, INC., a Delaware corporation, By: Name: Larry E. Lichliter Its: President ATTEST: LA QUINTA REDEVELOPMENT AGE CY, a public body, corporate and politic �. ncySecretary � BY., Name: APPROVED AS TO FORM: RUTAN cTUCKER,LLP Ag cy Co se 615/015610 -0048 _ _ 292941.01 a06/13/02 _7 EXHIBIT "A" LEGAL DESCRIPTION OF THE 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 0006'19" 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 °39'23" 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 EXHIBIT "A" TO TEMPORARY RIGHT OF ENTRY AGREEMENT _ 615/015610 -0048 — 292941.01a06/13/02 - _1_ 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 °12'44" 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 72046'26" 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 89 051'25" EAST, 1733.26 FEET TO THE POINT OF BEGINNING. PARCEL B CONTAINS 2.173 ACRES, MORE OR LESS. 615/015610 -0048 292941.01 a06/13/02 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, 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 2 012'44" 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 89 050'56" 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 °59'23" 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 615/015610 -0048 292941.01 a06/13/02 _3 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, 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 15 000'38" 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 89 059'23" 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 46 043'49" 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: 615/015610-0048 — 292941.01 a06/13/02 _4_ 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 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 35 010'00" WEST, 68.00 FEET; THENCE NORTH 40 °35'00" WEST, 111.50 FEET; THENCE NORTH 40 050'00" 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 45 015'00" 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 °55'00" WEST, 198.50 FEET; THENCE SOUTH 82 000'00" WEST, 182.00 FEET; THENCE NORTH 58 °15'00" 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 °55'00" WEST, 209.00 FEET; THENCE NORTH 10 °20'00" EAST, 180.50 FEET; THENCE NORTH 4 °40'00" EAST, 111.00 FEET; THENCE NORTH 2 040'00" WEST, 88.50 FEET; THENCE NORTH 14 000'00" WEST, 202.00 FEET; THENCE NORTH 64 040'00" WEST, 186.00 FEET; THENCE NORTH 67 050'00" 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 °20'00" 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 °10'00" 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 7 005'00" WEST, 293.00 FEET; THENCE NORTH 45 °45'00" 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 615/015610 -0048 - 292941.01 a06/13/02 _'S- SOUTHEAST QUARTER SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH_ 0 °04' 16" EAST, 1068.43 FEET TO THE POINT OF BEGINNING. PARCEL 2 CONTAINS 292.135 ACRES, MORE OR LESS. PARCEL 3 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 BEGINNIN G; 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 105 027'16" 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 89 033'59" 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 °13'54" 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, _ 615/015610 -0048 — 292941.01 a06 /13 /02 _ -6- 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 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 °23'37" EAST, 350.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2 012'44" EAST, 223.88 FEET TO THE POINT OF BEGINNING. PARCEL 3 CONTAINS 226.610 ACRES, MORE OR LESS. PARCEL4 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 1041'28" AND AN ARC DISTANCE OF 8.59 FEET; THENCE SOUTH 74 059'10" 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. 615/015610 -0048 292941.01 a06/13/02 _7 EXHIBIT `B" LIST OF KSL PERSONALTY Temporary maintenance facility (structure to remain): 1. Exterior (furniture, equipment, and inventory only, not including item(s) that are affixed to the Real Property): a. Landscaping materials (seed, amendments, and irrigation parts) b. Landscaping equipment (spreaders, golf carts, and various cart parts) c. Vehicles: Truck(s), van(s), and trailers d. Equipment, miscellaneous: Pressure washer, mobile fuel tank, and Storage bins e. Pots: Clay and wooden f. Tile: Terra cotta pavers and roof tiles g. Hotel Items: Refrigerators, serving/kitchen equipment, portable dance floor, banquet tables, chandelier(s), Christmas tree stands, lounge chairs, umbrella stands, and portable street lights h. Parking lot bumpers, metal roll up doors, a/c condensing units, and metal steps i. Firewood 2. Interior building: a. Uniforms b. Fire extinguishers c. Landscaping materials: tools, parts, materials and equipment (spreaders and lawn mowers) d. General office furniture e. Lockers 3. Sod farm: a. Sod b. Irrigation Pump(s) c. Irrigation Pipe(s) d. Generator 4. Kennedv Ranch: N/A 5. Bunk House: a. Various office, special events materials EXHIBIT `B" TO TEMPORARY 29294LD1a 6/1 — RIGHT OF ENTRY AGREEMENT 292941.OI a06/IS /02 EXHIBIT "C" DEPICTION OF THE MAINTENANCE FACILITY AND THE SOD FARM [SEE ATTACHED] EXHIBIT "C" TO TEMPORARY 61 NO1s610.0045 - 29 2941.01 a06/13/02 RIGHT OF ENTRY AGREEMENT d /al AWs2 - MAWTENWCE FwLUM EXHIBIT °C" To Temporary Right of Entry Agreement Page I of 2 a - sofl FAr9-M — EXHIBIT "C^ Tc Temporary Right of Entn Agreement Page 2 of 2 �4 KSL June 26, 2002 VIA FACSIMILE (760) 777 -7101 AND HAND DELIVERY Mark Weiss DESERT RESORTS, INC. City of La Quinta Redevelopment Agency 78 -495 Calle Tampico La Quinta, CA 92253 Re: Temporary Right of Entry Agreement by and between KSL Desert Resorts, Inc., ( "KSL") and the La Quinta Redevelopment Agency ( "Agency") regarding real property commonly referred to as "The Ranch" (the "Entry Agreement') Dear Mr. Weiss: Pursuant to Paragraph 9 of the Entry Agreement, KSL shall to furnish Agency evidence of commercial general liability insurance prior to entry on The Ranch pursuant to the Entry Agreement. Enclosed is the Certificate of Liability Insurance naming the Agency as an additional insured. Please contact me at (760) 564 -8023 if you have any questions regarding the enclosed. Cc: Rick Deihl (w /enclosures) Sincerely, Barbara LWs f Manager of Real Estate Contracts Qu 49 -499 Eisenhower Drive • PosrOffice Box 69 - La Quinta, California 92253 • Tel (760) 5647674 • Fax (760) 564 -7699 VA PGA WEST. n ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 06/05/2002 PRODUCER 877 - 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. - Regional Cart Center 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED KSL RBCRRATION CORPORATION INSURERA: Zurich Insurance Company 16535 -001 INSURER B: 50 -905 Avenida Bermudas La Quints, CA 92253 11/1/2002 EACHOCCURRENCE INSURERC: INSURER D: $ INSURER E: COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OFINSURANCE POLICY NUMBER PDATE(MMIDOTIVE PDATE MNVDD yy LIMITS A GENERAL LIABILITY GL683881508 11/1/2001 11/1/2002 EACHOCCURRENCE $ FIRE DAMAGE (An y one fire $ COMMERCIAL GENERAL LIABILITY MED EXP (Any orre arson $ CLAIMS MADE ®OCCUR PERSONALAADVINJURY $ GENERALAGGREGATE E GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG E POLICY JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea a¢id.nt) E BODILY INJURY (Perperson) $ ALL OWNEDAUTOS SCHEDULEDAUTOS BODILY INJURY (Perawident) $ HIRED AUTOS NON -0WNEDAUTOS PROPERTY DAMAGE (Perauident) E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACHOCCURRENCE $ AGGREGATE $ OCCUR CLAIMSMADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE 1 $ E.L. DISEASE - POLICY LIMIT Is OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLEWUCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Temporary right of entry agreement between KSL Desert Resorts and La Quinta Redevelopment La Quinta Redevelopment Agency and its respective officers, officials, members, employees, agents, and representatives are named Additional Insureds as respects operations of Named Insured. Insurance shall be primary and not contributory with any other insurance KSL may have. CERTIFICATE HOI nED I I . crraR CANCELLATION.Ys io d— for .ne ACORD 25- S(7/97) Coll:469585 Tpl:52333 Cert:1864062 WAIJUKU GUKYUKAIIUN i988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO GATION LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR La Quinta Redevelopment Agency REPRES TA ES. 78 -495 Calls Tampico AUTOO ED EPRE NT E PO Box 1504 La Quinta, CA 92253 ACORD 25- S(7/97) Coll:469585 Tpl:52333 Cert:1864062 WAIJUKU GUKYUKAIIUN i988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25- S(7197) Co11:469585 Tp1:52333 Cert:1864062