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Hammer/Dune Palms Purchase 04AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN (i) SHIRLEY A. HAMMER, A WIDOW AS TO 48.237%; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 9.4643%); (iv) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 32.4055% (JOINTLY, SEVERALLY, AND COLLECTIVELY, SELLER") AND LA QUINTA REDEVELOPMENT AGENCY ("BUYER') 882/015610.0047 466341.05 AM04 TABLE OF CONTENTS Page 1. PURCHASE PRICE..........................................................................................................1 1.1 Amount.................................................................................................... 1.2 Payment of Purchase Price....................................................................................2 2. DUE DILIGENCE.....................................................2 ....................................................... 2.1 Title/Survey 2.2 Environmental Condition......................................................................................4 2.3 Environmental Documentation.............................................................................7 .......................2 3, ESCROW..........................................................................................................................7 3.1 Opening of Escrow................................................................................................7 3.2 Escrow Instructions...............................................................................................7 4. CLOSE OF ESCROW. ...................................... ...............................................................7 4.1 Close of Escrow; Closing Date.............................................................................7 4.2 Recordation; Release of Funds and Documents....................................................8 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SEU.ER.............8 5.1 Buyer's Obligations...............................................................................................8 5.2 Seller's Obligations...............................................................................................8 6. TITLE INSURANCE POLICY. .............................. .........................................................9 6.1 Title Policy............................................................................................................ 6.2 Payment for Title Policy....................................................................................... 9 9 7. REAL PROPERTY TAXES.............................................................................................9 8. CONDITIONS PRECEDENT TO CLOSING..................................................................9 8.1 Conditions Precedent to Buyer's Obligations.......................................................9 8.2 Conditions Precedent to Seller's Obligations......................................................10 9. POSSESSION......................................11 ........................................................................... 10. ALLOCATION OF COSTS............................................................................................11 10.1 Buyer's Costs......................................................................................................11 10.2 Seller's Costs.......................................................................................................11 882015610-0047 466341.05 AM04 Page 11. INDEMNIFICATION..............................................................................I......................11 12. BACK-UP OFFERS........................................................................................................13 13. CONDEMNATION........................................................................................................13 14. RIGHT TO EXCHANGE...............................................................................................13 15. MISCELLANEOUS........................................................................................................13 15.1 Assignment 15.2 15.3 15.4 15.5 ..........................................................................................................13 Attorney's Fees...................................................................................................14 Notices .............. .-:.::::.—............ ...................................................... Fair Meaning......................................................................................................14 Headings 14 15.6 ..............................................................................................................14 Choice of Laws; Litigation Matters....................................................................14 15.7 Nonliability of Buyer Officials...........................................................................15 15.8 15.9 15.10 Gender; Number..................................................................................................15 Survival...............................................................................................................15 Time of Essence..................................................................................................15 15.11 15.12 15.13 15.14 Waiver or Modification.......................................................................................15 Broker's/Consulting Fees....................................................................................15 Duplicate Originals.............................................................................................15 Severabilit ............................15 15.15 15.16 Exhibits ............................. ..................................................................................16 Covenants of Seller 15.17 15.18 15.19 .............................................................................................16 Seller's Representation and Warranty Concerning Corporate Authority............................................................................................16 Covenant Against Discrimination.......................................................................16 Property Agreements ..........16 15.20 Entire Agreement; Amendment..........................................................................17 15.21 Facsimile Signatures...........................................................................................17 EXHIBITS Exhibit A Legal Description of the Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity 887A15610-0047 -11- 466341.05 AM04 � / AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of /!22jrA::;,6/-9 2004 ("Effective Date") by and between (i) SHIRLEY A. HAM ER, A WIDOW AS TO 48.237 %; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HANEVIER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMN ER, DECEASED AS TO 9.4643%; (iv) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HA AffiR, DECEASED AS TO 32.4055% (jointly, severally, and collectively, the "Seller"), and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (`Buyer"). As hereinafter used in this Agreement, the term "Buyer" shall mean Buyer and/or Buyer's nominee. RECITALS: A. Seller is the owner of that certain unimproved real property located northwest of the intersection of Avenue 48 and Dune Palms Road in the City of La Quinta ("City"), County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" ("Property"). B. Buyer has the authority to exercise the power of eminent domain to acquire real property in the La Quinta Redevelopment Project Area No. 2. In the event Seller had determined not to sell the Property to Buyer, Buyer's staff would have recommended to the Board of Directors of Buyer that Buyer, after providing notice to Seller and holding a hearing as required by applicable law, consider adopting a resolution of necessity and thereafter commencing proceedings to acquire the Property by the exercise of its power of eminent domain. C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of Twelve Dollars ($12.00) per gross square foot of land area, less any land area 88WI5610.0047 466341.05 a02/24M U / % that is dedicated, granted, or otherwise transferred by the Seller prior to the "Close of Escrow" (as that tend is defined in Section 4.1 (the "Purchase Price"). The Purchase Price is approximately Fourteen Million Five Hundred Five Thousand Four Hundred Eighty Dollars ($14,505,480). The exact amount of the Purchase Price will be determined upon Buyer's commission of a boundary survey (the "Boundary Survey") to determine the exact land area of the Property, and a property appraisal, to ascertain the value of the Property, all as further discussed in Section 2.1 hereof. 1.2 Payment of Purchase Price. The Purchase Price shall be paid in accordance with the following: 1.2.1 Within five (5) days after the "Opening of Escrow," Buyer shall deposit with `Escrow Holder" (as those terms are defined in Section 3.1) in "Good Funds" (as used in this Agreement, the term "Good Funds" shall mean a confirmed wire transfer of immediately available funds, cashier's or certified check drawn on or issued by the office of a financial institution located in Riverside County, or cash) the sum of Fifty Thousand Dollars ($50,000) as a good faith deposit (the "Deposit"). In the event the "Escrow" (as that term is defined in Section 3.1) closes, Escrow Holder shall apply the Deposit towards the Purchase Price. In the event the Escrow is terminated and fails to close, for any reason other than Buyer's default of the terms hereof, Escrow Holder shall promptly, but no later than five (5) days after said termination, refund to Buyer the Deposit. 1.2.2 On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by Escrow Holder in order to close Escrow on the Closing Date, Buyer shall deposit with Escrow Holder in Good Funds the Purchase Price, less the Deposit, and such additional funds as may be required to meet Buyer's portion of the closing costs as hereinafter provided. 2. DUE DILIGENCE. As used herein, the term "Due Diligence Period" shall refer to a period of time to expire upon the date that is ninety (90) days after the Effective Date. Buyer's obligation to consummate the transactions contemplated by this Agreement is subject to and conditioned upon Buyer's approval, deemed approval or waiver of the right to approve of the following contingencies set forth in this Section 2 (collectively, the "Contingencies"): 2.1 Title/Survey. Seller shall deliver to Buyer, within ten (10) days after the Effective Date of this Agreement, a preliminary title report prepared by First American Title Company (the "Title Company"), dated nor more than thirty (30) days earlier than the Effective Date describing the state of title of the Property together with copies of all underlying documents (collectively the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"), provided it does so within thirty (30) days after the Effective Date. Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes and assessments. Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey no later than the date which is thirty (30) days after the later of (i) Buyer's receipt of the Preliminary Title Report or (ii) Buyer's receipt of the Survey within the time period set forth above ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the SCM1561OM47 -2- 46&UI.05.mnaro4 Preliminary Title Report and the Survey may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey. Seller shall have a period of fifteen (15) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the "Close of Escrow" (as that term is defined in Section 4.1), or (ii) decline to remove any such title exceptions or Survey matters and terminate the Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election not to remove the objectionable items on the Preliminary Title Report or the Survey. If Seller is deemed to have elected not to remove the objectionable items on the Preliminary Title Report or Survey, or if Seiler notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after (i) Buyer's receipt of Seller's Notice, or (ii) the date Seller is deemed to have elected not to remove the objectionable items on the Preliminary Title Report or Survey, as applicable, to agree to accept the Property subject to the objectionable items, in which event Seller's election, or Seller's deemed election, to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 2.1, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement; provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to fifteen (15) days following receipt of notice of such additional exceptions. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. Within ten (10) days after the Effective Date, Buyer shall commission the Boundary Survey, which Boundary Survey shall be completed within twenty (20) days thereafter. Within fifteen (15) days after Buyer receives the completed Boundary Survey, Buyer shall (i) calculate the amount of the Purchase Price, based upon the Boundary Survey, and provide Seller a copy of the Boundary Survey, along with Buyer's calculation of the amount of the Purchase Price, and (ii) commission an appraisal, to determine whether the Purchase Price represents the actual value of the Property (the "Appraisal"), which Appraisal shall be completed within thirty (30) days thereafter. Within ten (10) days after Buyer receives the completed Appraisal, Buyer shall provide Seller with a copy of the Appraisal. If the Appraisal indicates that the value of the Property is less than the Purchase Price, Seller shall have an opportunity to reduce the Purchase Price accordingly, during the ten (10) day period after Seller receives the Appraisal. In that event, all further references herein to the "Purchase Price" shall mean such reduced amount. If Seller elects not to reduce the Purchase Price to reflect the value 982N15610-0047 -3- ` a66MI.05 OVUM T set forth in the Appraisal, this Agreement shall automatically terminate, and neither party shall have any further liability hereunder. 2.2 Environmental Condition. Buyer shall have access to the Property, as described in this Section 2.2, in order to permit Buyer or its directors, engineers, analysts, officers, employees, agents, contractors, representatives, attorneys or advisors (collectively, the "Buyer Representatives") to investigate the Property. 2.2.1 During the Due Diligence Period, Seller shall permit Buyer and Buyer Representatives, at the sole cost and expense of Buyer, to conduct physical inspections of the Property, including the site work, soil, subsurface soils, drainage, seismic and other geological and topographical matters, location of asbestos, toxic substances, hazardous materials or wastes, if any, and any other investigations as Buyer deems prudent with respect to the physical condition of the Property in order to determine the Property's suitability for Buyer's intended development. In no event shall Buyer conduct any intrusive testing procedures on the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld. Such investigations may be made by Buyer and/or Buyer Representatives during any normal business hours. Seller shall cooperate to assist Buyer in completing such inspections and special investigations at no cost or expense to Seller. Such inspections and investigations shall be conducted only upon no less than twenty-four (24) hours' notice to Seller and shall be conducted at such times and in such a manner as to minimize any disruption to the Property. Seller shall have the right, but not the obligation, to accompany Buyer during such investigations and/or inspections. 2.2.2 As a condition to any such entry, Buyer shall (i) conduct all work or studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (ii) comply with all applicable laws and governmental regulations; (iii) keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry and work performed under this paragraph; (iv) maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the property in the amounts required by the State of California; (v) provide to Seller prior to initial entry a certificate of insurance evidencing that Buyer and/or the persons entering the Property have procured and has in effect an all-risk public liability insurance policy meeting the following requirements: (1) the insurance shall be written on a per occurrence and not claims -made basis; (2) the amount of insurance shall be a combined single limit of not less than Two Million Dollars ($2,000,000.00) with a deductible or self -insured retention amount of not more than One Hundred Thousand Dollars ($100,000); (3) the policy shall name or be endorsed to Seller and Seller's officers, employees, agents, and representatives (collectively, "Seller & Seller Personnel") as additional insureds; (4) the insurance shall not contain any special limitations on the scope of protection afforded to Seller & Seller Personnel; (5) the policy shall not be canceled by the insurer or Buyer unless there is a minimum of thirty (30) days prior written notice to Seller; (6) the insurer shall waive subrogation rights against the Seller & Seller Personnel; and (7) the insurance shall be primary insurance and not contributory with any insurance any of Seller & Seller Personnel may have; and (8) the insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; and SUA15610.0047 -4- 466341.05 a0224/04 (vi) following Buyer's entry, repair any and all damage to the Property caused by such inspections or investigations in a timely manner. 2.2.3 Buyer shall promptly pay and discharge all demands for payment relating to Buyer's entry on and investigation of the Property and take all other steps to avoid the assertion of claims of lien against the Property. In the event a claim of lien is recorded by reason of Buyer's entry on the Property, Buyer, within twenty (20) days of such recordation, shall either (i) record or deliver a surety bond sufficient to release such claim or lien in accordance with applicable law; or (ii) provide Seller with such other assurance as Seller may require for the payment of the claim or lien. Seller may elect to record and post notices of non -responsibility from time to time on and about the Property. 2.2.4 Prior to expiration of the Due Diligence Period, Buyer shall notify Seller in writing (i) of Buyer's election to terminate the Escrow and this Agreement, if Buyer disapproves of the physical or environmental conditions of the Property and, as a result, does not wish to proceed with purchasing the Property ("Buyer's Termination Notice"), or (ii) of any objections Buyer may have (the "Disapproved Property Matters") to any physical or environmental conditions of the Property ("Buyer's Property Objection Notice"). Buyer's approval or disapproval of the physical and environmental conditions of the Property may be granted or withheld in Buyer's sole and absolute discretion. In the event Buyer terminates this Agreement pursuant to this Section, Buyer and Seller shall be relieved of all further liability under this Agreement, except that Buyer shall be entitled to the return of the Deposit. Buyer's failure to provide Seller with a Buyer's Termination Notice or a Buyer's Property Objection Notice prior to the expiration of the Due Diligence Period shall constitute Buyer's approval of the condition of the Property. If Buyer provides to Seller Buyer's Property Objection Notice, Seller shall have a period of fifteen (15) days after receipt of Buyer's Property Objection Notice in which to deliver written notice to Buyer ("Seller's Response") of Seller's election to either (i) agree to remove the Disapproved Property Matters prior to the Close of Escrow, or (ii) decline to remove the Disapproved Property Matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Response within said period shall constitute Seller's election not to remove the Disapproved Property Matters prior to the Close of Escrow. If Seller is deemed to have elected not to remove the Disapproved Property Matters, or if Seller notifies Buyer of its election to terminate rather than remove the Disapproved Property Matters, Buyer shall have the right, by written notice delivered to Seller within five (5) days after (i) Buyer's receipt of Seller's Response, or (ii) the date Seller is deemed to have elected not to remove the Disapproved Property Matters, as applicable, to agree to accept the Property subject to the Disapproved Property Matters, in which event Seller's election, or deemed election, to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such Disapproved Property Matters without any adjustment to or credit against the Purchase Price. Buyer's inspections and investigations of the Property shall be conducted upon the terms and conditions set forth in this Agreement. In the event Buyer's inspections and investigations reveal the presence of "Hazardous Materials" (as that term is defined in Section 11 herein) that require remediation and Buyer does not elect to terminate the Escrow and this Agreement, Buyer shall commission the preparation of an estimate of the costs to remediate said Hazardous Materials. Seller shall have the right but not 882A15610.0047 466341.05 a02/24N4 the obligation to hire its own independent soils consultants to confirm the presence of such Hazardous Materials, the necessity of such remediation, and the estimated costs thereof. The retention of, and confirmation by, such soils consultants shall occur, if at all, within thirty (30) days after the date on which Buyer has notified Seller of the presence of Hazardous Materials on the Property and provided Seller with Buyer's (or Buyer's consultant's) estimated costs of remediation thereof. If remediation is necessary the following shall apply: If the estimate of Buyer (or Buyer's consultants), as may be confirmed by Seller pursuant to its right, but not its obligation, to hire its own independent soils consultants, of the cost of remediation is not more than Twenty -Five Thousand Dollars ($25,000) ("Maximum Amount"), Seller, at no expense to Buyer, shall cause the remediation work to be performed and completed, by a consultant selected or approved by Buyer (the "Remediation Consultant"), subject to all applicable laws and regulations. If the estimated cost for the remediation is greater than the Maximum Amount, Seller shall have the option to cause the remediation work#o be performed and completed, by the Remediation Consultant, subject to all applicable laws and regulations, or to terminate this Agreement, without any further liability, except that Buyer shall be entitled to the return of the Deposit. Any remediation work performed hereunder shall be completed, in accordance with all applicable laws and regulations, prior to the Close of Escrow; provided, however, that if Seller, using its best efforts, is unable to complete the remediation work prior to the Close of Escrow, then Seller shall authorize Escrow Holder to withhold a portion of the Purchase Price (the "Withheld Remediation Amount") to cover any remediation work that will not be completed prior to the Close of Escrow (the "Uncompleted Remediation Work"). In the event the remediation work, or any portion thereof, to be performed hereunder shall be completed prior to the Close of Escrow, such work shall be subject to the approval of Buyer, such approval not to be unreasonably withheld. The Withheld Remediation Amount shall be the greater of (a) one hundred fifteen percent (115%) of the estimated cost to complete the Uncompleted Remediation Work, as set forth in the Remediation Consultant's estimate, as such estimate shall be updated prior to the Close of Escrow (the "Updated Estimate"); or (b) Ten Thousand Dollars.($10,000); provided, however, that in no event shall the total amount funded by Seller for remediation work pursuant to this Section exceed one hundred fifty percent (150%) of the original estimated cost to complete the remediation work. The Updated Estimate shall reflect any funds that have been made available by Seller to the Remediation Consultant for the remediation work, but that have not yet been spent on said work. Buyer and Seller agree to cooperate in preparing additional escrow instructions for Escrow Holder that provide for Escrow Holder's retention of the Withheld Remediation Amount and payment to Buyer (or Buyer's consultant's) of portions thereof to pay for any Uncompleted Remediation Work for which funding has not already been made available by Seller, as such work is performed. For example, if Buyer's estimate indicates that the remediation work will cost approximately One Hundred Thousand Dollars ($100,000), and Seller is able to complete only a portion thereof prior to the Close of Escrow, Buyer shall, at that time, obtain an update to its estimate. If the Updated Estimate indicates that the Uncompleted Remediation Work will cost Fifty Thousand Dollars ($50,000), and that Seller has previously made available to the Remediation Consultant Twenty Thousand Dollars ($20,000), which amount has not yet been spent and is thus available to be applied towards the Uncompleted Remediation Work, the Withheld Remediation Amount shall be Thirty -Four Thousand Five Hundred Dollars ($34,500) (i.e., 115% of $30,000). In the same example, if the Updated Estimate indicates that Seller has previously made available to the Remediation Consultant Forty -Five Thousand Dollars 88M15610-M47 —6— ` 466341.05 e02/24104 �,,Q ($45,000), which amount has not yet been spent and is thus available to be applied towards the Uncompleted Remediation Work, the Withheld Retention Amount shall be Ten Thousand Dollars ($10,000). Seller's deposit with Escrow Holder of the Withheld Remediation Amount shall satisfy all obligations on the part of the Seller with respect to the completion of the Uncompleted Remediation Work, and any amounts required to be expended after the Close of Escrow for said work that exceed the Withheld Remediation Amount shall be the sole responsibility of Buyer. 2.3 Environmental Documentation. During the Due Diligence Period, Buyer shall prepare and circulate, as required, all documentation necessary to evaluate the potential environmental impacts of Buyer's acquisition of the Property (the "Environmental - — --- Documentation"), in accordance with -the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq. ("CEQA"); provided, however, that if Buyer diligently prepares and commences circulation, as required, of the Environmental Documentation, and additional time beyond the Due Diligence Period is necessary for completion and certification by Buyer's Board thereof, the Due Diligence Period shall be automatically extended until Buyer completes, with continued due diligence, the same. Notwithstanding the immediately preceding sentence, in the event that Buyer has not completed, and/or Buyer's Board has not certified, the Environmental Documentation within one hundred twenty (120) days after the Effective Date, Buyer shall notify Seller of the same, and either Buyer or Seller may terminate this Agreement, without any further liability hereunder, except that Buyer shall be entitled to the return of the Deposit. 3. ESCROW. 3.1 ORgnina of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the Effective Date with First American Escrow Company at its office located at 44901 Village Court, Ste. A, Palm Desert, CA 92260 ("Escrow Holder"). The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 3.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 4. CLOSE OF ESCROW. 4.1 Close of Escrow,• Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is five (5) days after 882015610.0047 _7_ 4W41.05 a0P1 "4 111��✓JJ the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party); provided, however, in no event shall the Closing occur, if at all, later than the date which is one hundred fifty (150) days after the Effective Date ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation,• Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed in the form of the attached Exhibit `B" transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any of Seller's closing costs, to Seller, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price, less the Deposit; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed; (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. V 882015610-0047 -8- 466341.05 .0z2Mo4 6. TITLE INSURANCE POLICY. 6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following: (a) non -delinquent real property taxes and assessments; (b) title exceptions approved or deemed approved by Buyer pursuant to Section 2.1 above; (c) title exceptions, if any, resulting from Buyer's entry onto the Property pursuant to the provisions of Section 2.2 above; (d) any other exceptions approved by Buyer; and (e) the standard printed conditions and exceptions contained in the CLTA standard coverage owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Title Policy. Seller shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay the cost for any additional coverage or endorsements it requests. Buyer may, at its election, request a CLTA extended policy of title insurance. Buyer shall pay the difference for the charges between the premium for the extended coverage title policy and the premium for the standard coverage title policy that Seller is responsible for hereunder. Buyer shall also pay for the CLTA survey, if applicable. 7. REAL PROPERTY TAXES. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes and assessments due to Buyer's status as a public agency. Seller shall be responsible for paying for all property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively "Buyer's Conditions to Closing"): (a) Buyer shall have approved the condition of the Property, in accordance with Section 2.2 hereof; (b) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in Buyer; 88=15610-0047 —9- 466341.05 a=4M y� (c) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (d) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (e) Buyer shall have sold, and received the proceeds from, Buyer's 2004 Housing Tax Allocation Bonds; (f) Buyer shall have completed preparation and circulation of the Environmental Documentation, and Buyer's Board shall have certified the same; (g) if required by Buyer and/or Title Company, Seller shall have caused the spouse of William Joseph Hammer, Jr. to execute the necessary form(s) provided by Title Company to convey all of such spouse's interest in and to the Property (obtained by reason of a marriage) to Seller. (h) there shall be no pending lawsuits concerning Buyer's approval of this Agreement, Buyer's intended use of the Property, or the Environmental Documentation; and (i) Seller is not in material default of any term or condition of this Agreement. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable. period for satisfaction or waiver, Buyer may terminate this Agreement. 8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; (c) there shall be no pending lawsuits concerning Buyer's approval of this Agreement, Buyer's intended use of the Property, or the Environmental Documentation; and 682_ 1 0_ 466341.05 341.05 0 =]!24104 s (d) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date. 10. ALLOCATION OF COSTS. 10.1-- Buyer's Costs. - Buyer shall pay the following costs: (a) fifty percent (50%) of Escrow Holder's escrow fee; (b) Buyer's own attorney's fees incurred in connection with this Agreement and the transactions contemplated hereby; (c) fifty percent (50%) of all the charges for recording the Grant Deed, if any; (d) the premium difference between the ALTA extended policy of title insurance and the ALTA standard coverage policy of title insurance if Buyer requests an extended policy; and (e) any additional title insurance coverages Seller is not required to pay for plus any title endorsements requested by Buyer. 10.2 Seller's Costs. Seller shall pay: (a) fifty percent (50%) of the Escrow Holder's escrow fee; (b) Seller's own attorney's fees in connection with this Agreement and the transactions contemplated hereby; (d) and (e) this Agreement. Any documentary transfer taxes associated with the conveyance; fifty percent (50%) of all the charges for recording the Grant Deed, if any; the premium for the Title Policy that Seller is required to pay pursuant to 11. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any "Hazardous Materials" (as that term is defined below) on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property which occurred prior 88vo150-0042 as&ai.05os.mnaoa to the Closing, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about to or from, the Property which occurred prior to the Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment (any of the above, a "Claim") to the extent resulting from, arising out of, or based upon any matter set forth in subclauses (i) and (ii) hereinabove. At the request of the Seller, the Buyer shall cooperate with and assist the Seller in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that the Buyer shall not be obligated to incur any expense in connection with such cooperation or assistance. Seller's obligation to indemnify, defend and hold Buyer harmless under this Section 11 shall not apply to any Claim resulting from, arising out of or based upon any inspection or investigation of the Property by Buyer Representatives pursuant to Section 2.2 hereof, and Buyer agrees to indemnify, defend and hold Seller harmless from any such Claim in the same manner and to the same extent that Seller is required to indemnify, defend and hold Buyer harmless under the provisions of this Section 11. For purposes of this Agreement, the term "Hazardous Materials" means any substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.(42 U.S.C. §6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. Notwithstanding anything herein to the contrary, (i) Seller shall not be required to indemnify Buyer for any Hazardous Materials that were identified as a recognized environmental condition in a Phase I or Phase II environmental study, or any other environmental study or report, commissioned by Buyer pursuant to Section 2.2.1 hereof, and (ii) Seller's indemnification obligations set forth in this Section 11 shall automatically terminate on the earlier of (a) the date MW15610.0047 -12- `._ lb 46041.05 a=24/04 5+� that is two (2) years after the Effective Date; provided, however, that said two (2) year limitation shall not apply to any Claims arising prior to the expiration thereof so long as Buyer has provided Seller with written notice thereof, and (b) the date Seller has expended One Hundred Fifty Thousand Dollars ($150,000) in satisfying Seller's indemnification obligations set forth in this Section 11. 12. BACK-UP OFFERS. Buyer agrees and acknowledges that Seller may accept, from an unrelated third party, a back-up offer to purchase the Property that is contingent upon the termination of this Agreement pursuant to the terms hereof. Any such back-up offer shall be deemed null and void if this Agreement is not terminated pursuant to the terms hereof. Further, Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding,_ loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based on any such back-up offer, including without limitation the termination of such back-up offer pursuant to the immediately preceding sentence. 13. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement and following such meeting either Buyer or Seller may terminate this Agreement. 14. RIGHT TO EXCHANGE. Seller may desire to complete this transaction as a part of a tax -deferred exchange within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended. Buyer agrees in each such event to cooperate with Seller in order to effectuate such an exchange or exchanges. Buyer's agreement to cooperate to effect any such exchange or exchanges shall not require Buyer to incur any cost, expense or liability or acquire title to any property as a consequence of such cooperation. In no event shall any such exchange transaction delay the Close of Escrow as contemplated in this Agreement. In so cooperating in any exchange transaction arranged hereunder, Buyer shall in no event be responsible for, or in any way warrant, the tax consequences of the exchange transaction. 15. MISCELLANEOUS. 15.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party; provided, however, that Buyer may assign this Agreement to the City of La Quinta without Seller's consent. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship; provided, however, that notwithstanding the foregoing, the City shall be an express third party beneficiary with respect to the indemnities and other matters set forth in this Agreement which specifically and expressly run to the City's benefit. 8821015610.0047 466341.05 a02124/04 -13- �'P wA�'S V sf� 15.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without. limitation its expert witness fees and reasonable attorney's fees. 15.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: Joe Hammer P.O. Box 278 Palm Desert, CA 92261 and Shirley A. Hammer 677 Dry Falls Road Palm Springs, CA 92262 Copy to: Schlecht, Shevlin & Shoenberger 801 East Tahquitz Canyon Way, Suite 100 Palm Springs, CA 92262 Attn: Daniel Johnson, Esq. Facsimile No. (760) 323-1758 To Buyer: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director Facsimile No.: (760) 777-7107 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 15.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 15.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 15.6 Choice of Laws,• Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California SSM15610.0047 -14- 466341.05 a0 4M in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 15.7 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 15.8 Gender: Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 15.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 15.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 15.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 15.12 Broker's/Consulting Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any real estate broker to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any broker's commission in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission. Seller acknowledges that Seller, collectively, will pay William J. Hammer a six percent (6%) consulting fee in connection with this transaction (the "Consulting Fee"). Seller agrees to indemnity and hold Buyer harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity related to the Consulting Fee. 15.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 15.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or anti AO 2 -15- � aI.05 i.os .mnaw condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Affidavit 15.16 Covenants of Seller. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear); (b) Seller shall not convey, grant, lease, rent, license, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Material in, from, under, or on the Property; (d) Prior to Closing, Seller shall maintain Seller's existing insurance on the Property. 15.17 Seller's Representation and Warranty Concerning Property Agreements. Seller represents and warrants that based upon its present, actual knowledge as of the Effective Date, there are no pending or existing leases, leasehold interests tenancies, occupancies, licenses, license agreements, rental agreements, use agreements, right of entry agreements, or any other type of agreement granting any person, firm, or entity any right to possess or use, the Property, or any portion thereof (collectively, "Property Agreement"), and that any prior Property Agreements have either expired as of their own terms or have not been renewed due to the failure of Seller and the other contracting entity to reach terms acceptable to both parties. This representation and warranty shall survive the Close of Escrow. 15.18 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 15.19 Covenant Against Discrimination. Seller covenants that in its performance of this Agreement it shall not discriminate against any person or group of persons on account of any 88=15610-0047 -16- 466341.05 a=4004 impermissible classification including but not limited to race, color, creed, gender, religion, marital status, national origin, or ancestry. 15.20 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. 15.21 Facsimile Signatures. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5)'business days after execution hereof. [SIGNATURES ON NEXT PAGE] 88=15e10a Q -17- 466ai.05 602/24 a IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. Date: 07 - 5 , 2004 Date: r--ZS , 2004 Date: :,?- -? S , 2004 "Seller" (i) SHIRLEY A. HAMMER, A WIDOW AS TO 48.237%; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 9.4643%; (iv) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HAN94M AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 32.4055% By: Shirley A. er, a Widow as to 48.237% By. William J.Hamm r Jr., �Sing=eMan�� 3.526% By: Shirley A. Wer, Co -Trustee of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643 % [SIGNATURES CONTINUED ON NEXT PAGE] 88MI5610a 47 -18- �.•�� a�ai.os.ozriaoa , Date: 6"Z-5' , 2004 By: William Joseph H r, J�,o-T�rustee�of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643% Date: 2004 By: Shirley A. H er, Co -Trustee of the Marital Deduction rust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% Date: � "2-'� , 2004 By: William Joseph H Jr.�Co- �rustee of the Marital Deduction Trust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% Date: �— a�, 2004 By: '24/�� Shirley A. r, Co -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 32.4055% Date: c>) 2004 By William Joseph V , -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased, as to 32.4055% [SIGNATURES CONTINUED ON NEXT PAGE] 8SWI5610-0047 -19- 4W41.05 OVUM Date: /l a.-ee! ! , 2004 ATTEST: ne Greek, Agenc ecretary APPROVED AS TO FORM: RUTAN TUCKER, LLP Bx;�a /K,�� /9� M. Kathe ne Jenson, A ncy Counsel Agreement. "Buyer" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic `-a�By: 9 Agency Chair agrees to act as Escrow Holder in accordance with the terms of this Date: 12004 By: Name: Its: [END OF SIGNATURES] 88W15610.W47 -20- 466341.05 801S4M4 AMSRIMAN; ESCROW@� 5'1616�¢-QS56: TO ,9777. 410 , �, P°z02 2 ".Buyf» LA QLTMA REDEVELOPMENT AGENCY, a public body, corporate and politic By: IfIR.genoy Chair AMGVED AS TO FORM: RUTAN C By: rdi�:: K Kath ne Jens gency Counsel i irkr�ar c�.�T i� agrees to act as Escrow Agreement, � Date. , 2004 By: Its: [END OF SIGNATURES] in accordance with the teams of this �ouaaooa -20- y� ** TOTAL PAGE.02 ** EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land situated in the City of La Quinta, in the County of Riverside, State of California, described as follows: PARCEL 1: The Easterly 330.00 feet of the Northeast quarter of the southwest quarter of Section 29, Township 5 South, Range 7 East, San Bernardino meridian, as shown by United States Government Survey approved July 15, 1856. Except the Easterly 30.00 feet, as granted to the County of Riverside for road purposes by Deed recorded April 9, 1952, in Book 1358, Page 240 of Official Records. Also except a right of way over the Southerly 30.00 feet for public road and utility purposes, as reserved in Deed from Anastacio M. Chavez and wife, recorded June 3, 1949 in Book 1081, Page 313 of Official Records. Also except that portion as granted to the State of California by Deed recorded November 7, 1967, as Instrument No. 97902. PARCEL 2: The Easterly 660.00 feet of the Southeast quarter of the Southwest quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Base and Meridian, as shown by United States Government Survey approved July 15, 1856. Except the Easterly 30.00 feet as granted to the County of Riverside for road purposes by Deed recorded April 9, 1952 in Book 1368, Page 240 of Official Records. Also except a right of way over the Northerly 30.00 feet for public road and utility purposes, as reserved in Deed from Ruby L. Snider, recorded June 3, 1949 in Book 1081, Page 347 of Official Records. APN NO.: 649-030-034 SM15610-0047 466341.05 AM04 EXHIBIT' FORM OF GRANT DEED [SEE FOLLOWING PAGES] 887J015610047 466341.05 AM04 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director SPACE ABOVE THIS LINE FOR KhUUFJJEK'b wn (Exempt from Recordation Fee per Gov. Code § 27383) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, (i) SHIRLEY A. HAMMIER, A WIDOW AS TO 48.237%; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMN ER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 9.4643%); (iv) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMN ER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HANIlVIER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 32.4055% (jointly, severally, and collectively, the "Grantor"), hereby grants to the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("Grantee"), that certain real property ("Property") located in the City of La Quinta, County of Riverside, State of California, described in the legal description attached hereto as Attachment No. 1 and incorporated herein by this reference, subject to all matters of record, and further subject to the following: 88M56140047 46&UI.05 AM04 Date: '2004 Date: , 2004 Date: , 2004 "Seller" (i) SHIRLEY A. HAMMER, A WIDOW AS TO 48.237%; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMN ER, DECEASED AS TO 9.4643%; (iv) SHIRLEY A. HAMN ER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 32.4055% By: Shirley A. Hammer, a Widow as to 48.237% By: William J.Hammer, Jr., a Single Man as to 3.526% By: Shirley A. Hammer, Co -Trustee of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643% [SIGNATURES CONTINUED ON NEXT PAGE] 887A15610.0047 _'L_ 466341.05 AW4 Date: , 2004 By: William Joseph Hammer, Jr., Co -Trustee of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643 % Date: , 2004 By: Shirley A. Hammer, Co -Trustee of the Marital Deduction Trust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% Date: , 2004 Date: , 2004 Date: , 2004 By: William Joseph Hammer, Jr., Co -Trustee of the Marital Deduction Trust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% By: Shirley A. Hammer, Co -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 32.4055% By: William Joseph Hammer, Jr., Co -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased, as to 32.4055% [SIGNATURES CONTINUED ON NEXT PAGE] 982A15610-0047 -3- 46&MI.05 AM04 .-r "Buyer" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Date: , 2004 By: ATTEST: June Greek, Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, Agency Counsel [END OF SIGNATURES] 88=15610.0047 -4- 466341.05 AM04 Agency Chair STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to ne the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to De the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 89M15610-0047 _5_ 461.05 AM04 634 STATE OF CALIFORNIA ) )SS COUNTY OF RIVERSIDE On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to de the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] U=15610m47 _6_ 46&UI.os AM04 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land situated in the City of La Quinta, in the County of Riverside, State of California, described as follows: PARCEL 1: The Easterly 330.00 feet of the Northeast quarter of the southwest quarter of Section 29, Township 5 South, Range 7 East, San Bernardino meridian, as shown by United States Government Survey approved July 15, 1856. Except the Easterly 30.00 feet, as granted to the County of Riverside for road purposes by Deed recorded April 9, 1952, in Book 1358, Page 240 of Official Records. Also except a right of way over the Southerly 30.00 feet for public road and utility purposes, as reserved in Deed from Anastacio M. Chavez and wife, recorded June 3, 1949 in Book 1081, Page 313 of Official Records. Also except that portion as granted to the State of California by Deed recorded November 7, 1967, as Instrument No. 97902. PARCEL 2: The Easterly 660.00 feet of the Southeast quarter of the Southwest quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Base and Meridian, as shown by United States Government Survey approved July 15, 1856. Except the Easterly 30.00 feet as granted to the County of Riverside for road purposes by Deed recorded April 9, 1952 in Book 1368, Page 240 of Official Records. Also except a right of way over the Northerly 30.00 feet for public road and utility purposes, as reserved in Deed from Ruby L. Snider, recorded June 3, 1949 in Book 1081, Page 347 of Official Records. APN NO.: 649-030-034 88W15610,0047 Attachment 1 to Grant Deed 46041.05 AM04 EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: LA QUINTA REDEVELOPMENT AGENCY ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2004, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. [SIGNATURE PAGE FOLLOWS] 88=15610-0047 466341.05 AM04 Date: 12004 Date: , 2004 Date: , 2004 80015610-0047 466341.05 AM04 "Seller" (i) SHIRLEY A. HAMMER, A WIDOW AS TO 48.237%; (ii) WILLIAM J. HAMMER, A SINGLE MAN AS TO 3.526%; (iii) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMN ER, JR., AS TRUSTEES OF THE BYPASS TRUST HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 9.4643%; (iv) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST A HELD PURSUANT TO THE PROVISIONS OF THE WILL OF SAID DECEDENT AS TO 6.3672%; AND (v) SHIRLEY A. HAMMER AND WILLIAM JOSEPH HAMMER, JR., AS TRUSTEES OF THE MARITAL DEDUCTION TRUST B HELD PURSUANT TO THE PROVISIONS OF THE WILL OF JOSEPH W. HAMMER, DECEASED AS TO 32.4055% By: Shirley A. Hammer, a Widow as to 48.237% By: William J.Hammer, Jr., a Single Man as to 3.526% By: Shirley A. Hammer, Co -Trustee of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643% [SIGNATURES CONTuium oN NEXT PAGE] a�a� "Uj(A Date: , 2004 By: William Joseph Hammer, Jr., Co -Trustee of the Bypass Trust Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 9.4643% Date: , 2004 By: Shirley A. Hammer, Co -Trustee of the Marital Deduction Trust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% Date: , 2004 BY: William Joseph Hammer, Jr., Co -Trustee of the Marital Deduction Trust A Held Pursuant to the Provisions of the Will of Said Decedent as to 6.3672% Date: , 2004 By: Shirley A. Hammer, Co -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 32.4055% Date: , 2004 BY: William Joseph Hammer, Jr., Co -Trustee of the Marital Deduction Trust B Held Pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased, as to 32.4055% [END OF SIGNATURES] �A\b cj/� 882A15610-0047 466341.05 AM04 NOTICE OF INTENT TO ADOPT A NEGATIVE DEC To: County Clerk County of Riverside Attention: Cherde Seager 2724 Gateway Drive Riverside CA 92501-3801 RIVERSIDE COUNTY From: -CITY OF LA QUINTAMAR 24 2004 P. O. Box 1504 La Quinta, CA 92253 GARY L.ORSO BY �'C. Kohler Deputy Subject: The City of La Quinta intends to adopt a Negative Declaration for Environmental Assessment 2003-506 in compliance with Section 21092 et.seq. of the Public Resources Code, with respect to the project more fully described herein. Project Title: Certification of a Negative Declaration of environmental impact for EnvironmentaLAsse_ssment20047506.—_ State Clearinghouse Number Not applicable Lead Agency Contact Person Area Code/Telephone/Ext Jerry Herman 760-777-7125 Project -Location '(include,.CoUrity):...Located in the northern section of the City of La Quinta, Riverside County, on the west side of Dune Palms, between Avenue 48 and Highway 111. Project Description:_ Purchase by the La Quinta Redevelopment Agency of acreage located at the northwest.:corner: -.of: Avenue- 48 and :Dune Palms, extending north- to - Highway 111 with the expectation that most of the property will be developed as an affordable housing project at a later date. That portion of -the. property closest to Highway 111 will be developed for commercial purposes. The site (APN. 649-030-034) consists of approximately 27.75 acres on the west side of Dune Palms. Access to the site is from Dune Palms. Address where document may be obtained: Copies of the ift&Rlaration and all documents Ients referenced therein are available for review at the Coltm% repartment at the La Quinta Civic Center located at 75-495 Calle Tampico. pPOSTED �s2 Public Review Period: MAR 2 4 2004 Begins: April 5, 2004 Ends: May 4, 2004 Removed: PR Z004 Coun f. Dept. City Council {Hearing: h►� Riverside, State of California The La Quinta City Council will consider the project and the Negative Declaration at a public hearing to be held on April 4, 2004, at 7:00 p.m. in the City Council Chambers, located at 78- 495 Calle. Tampico, La Quinta, California 92253. Anyone interested in' the.draft Negative Declaration or the project itself is invited' to eomment by: writt6m':respbn'seb on or, before the close of business on April 4, 2004. - G/ Oscar Orci March 22, 2004 Interim Community Devel6oment'Director Name/Signature Date Title G:\WPDOCS\Env Asses\Hammer Acq NOLdoc JU ZNO 4 nn F. FRIVUERSIDE OUNTY D NOTICE OF I T TO ADOPT -A NEGATIVE DECLARATi&07 2004 GLARY L. O�R/S�O To: County Clerk By c.ler p putt' County.of Riverside From: LA QUINTA REDEVELOPMENT AGENCY Attention: Cherrie Seager P. , O. Box 1504 2724.Gateway Drive La Quinta, CA 92253 Riverside CA 92501-3801_ Subject: The La Quinta Redevelopment Agency intends to adopt a Negative Declaration for Environmental Assessment 2003-506 in compliance with Section 21092 et.seq. of the Public Resources Code, with respect to the project more fully described, herein. Proiect Title: Certification of a Negative- Declaration of environmental impact for Environmental Assessment 2004-506, for acquisition of property. State Clearinghouse. Number Not applicable Lead Agency Contact Person Area Coderrelephone/Ext Jerry Herman 760-777-7125 Project Location.(include County): Located in the northern section of the City of La Quinta, Riverside County, onjhe west side of Dune Palms,.between,Avenue-48 and Highway 111 (APN 649- Project Description:!- Purchase by the La Quinta Redevelopment Agency of acreage located at the northwest corner of,Avenue. 48 and Dune: -Palms Road, extending north to Highway:111 .with the expectation that majority of the property will be developed as an affordable housing complex at a later date. That portion of the property closest to Highway 111 may be developed for commercial purposes. The site (APN 649-030-034) consists of approximately 27.75 acres on the west side of Dune Palms Road. Address where document may be obtained: Copies of the Negative Declaration and all documents referenced therein are available for review at the CongbgpjtV(Qelopment Department of the .La Quinta-Civic Center located at 75-495 Calle TampIrMDeclaration/Ntc Determination Filed per P.R.C. 21152 POSTED Public Review Period: MAY 0 7 2004 Begins: May 8, 2004 Ends: May 28, 2004 (Ip� Removed: J u N 0 ` rJ 04 Redevelopment Agency Public Meeting: The La Quinta Redevelopment Agency will consider the propba WNa atE-D6alaration. . at a:public meeting to ,be held on June,1,, 2004, at 3100.'p.m. in the City Council; Chambers, located at 78-495 Calle Tampico, ,La Quinta,, California 92253. z, Anyone,. interested in the Negative Declaration or the project itself is invited to comment by written response,on or before the close ofbusiness;on May 28,;,2004, Commun ture Date Title G:\WPDOCS\Env Asses\Hammer Acq NOI.doc 0 NOTICE OF DETERMINATION To: County Clerk County of Riverside From: CITY OF LA, QUINTA REDEVELOPMENT AGENCY Attention: Cherrie Seager P. O. Box 1504 2724 Gateway Drive La Quinta CA 92253 Riverside CA 92501-3801 Subject: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. Project Title: Certify a Negative Declaration of Environmental Impact for Environmental Assessment 2003-506. State Clearinghouse Number n/a (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension Jerry Herman 760-777-7125 Project Location: Located in the northerly section of the City, generally bounded by Highway 111 on the north, Dune Palms Road on the east and Avenue 48 on the south, City of La Quinta, County of Riverside. Project Description: Acquisition of property (approximately 27.75 acres) by the La Quinta Redevelopment Agency. This is to advise that the City of La Quinta has approved the above described project on June 1, 2004, as ( X Lead Agency _ Responsible Agency), and has made the following determinations regarding the above described project: 1. The project will X will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [_ were X were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [_ was X was not] adopted for this project. 5. Findings [X were were not] made pursuant to the provisions of CEQA. This is to certify that the final Environmental Documents (EA 2004-506); :with any comments, responses. and record of project approval, are available to the General Public at: City of La Quinta, Community Development Department 78-495 Calle Tampico/P.O. Box 1504,. La Quinta, CA 92253 (Public Agency) received'for filind a OP DRIVERSIDE COUNTY' ,. IJUN 0 2 2004 GARY L. ORSO By `/ Mo_) `R T. Marshall Deputy Date Title COLN' Ty. CLERK' Neg Declaration/Ntc,Determination Filed per P. R.C. 21152 POSTED 'JUN 02 2004 Removed: JUL 0 6 2004 By- —, Co - Ri f r ve"r fd :�ePt.df Cania • CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding . Project Title, location, name and address of project proponent (including county): Certification of a Negative Declaration of Environmental Impact for Environmental Assessment 2003-506 for the acquisition of property (approximately 27.75 acres) by the Redevelopment Agency with the general expectation that the majority of the property will be redeveloped as an affordable housing project at some future date. Located in the northerly section of the City, generally bounded by Highway 111 on the north, Dune Palms Road on the east and Avenue 48 on the south, City of La Quinta, County of Riverside City of La Quinta, P. 0. Box 1504, La Quinta, CA 92253 Project Description: The acquisition of property, by the Redevelopment Agency, with the general expectation that the majority of the property, will be redeveloped as an affordable housing project at some future date. " Findings of Exemption: See attached Redevelopment Agency Resolution RA 2004-009 certifying Environmental Assessment 2003-506. Certification: I hereby certify that the lead agency has made the above findings a fact and that based upon the initial study and hearing record, the project will not individually, or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and/Game Code. try Heriban, Community Development Director ,y of La Quinta, California ne 9, 2004 RESOLUTION NO. RA 2004-009 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ACQUISITION OF THE HAMMER PROPERTY, ENVIRONMENTAL ASSESSMENT 2004-506. WHEREAS, an Initial Study and Negative Declaration has been -prepared for the acquisition of the approximately 27.75-acre site generally located north of Avenue 48 and west of Dune Palms Road, by the La Quinta Redevelopment Agency (the "Agency"). WHEREAS, the Agency prepared the -Initial Study and Negative Declaration in compliance with CEQA-and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000; and WHEREAS, the Agency published a notice of its -intention to adopt the Negative Declaration and associated Initial Study in the Desert Sun on May 8, 2004, which notice also included the date of the public meeting before the Agency Board on June 1 st, 2004, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and WHEREAS, during the comment period, the Agency received no comment letters on the Negative Declaration; and,. WHEREAS, the La Quinta Redevelopment Agency. Board (the "Board") held a duly noticed public meeting on June 1 st, 2004, on the Initial Study and Negative Declaration, during which public hearing testimony and other evidence was accepted. NOW THEREFORE, BE IT RESOLVED by the Redevelopment Agency Board of the City of La Quinta, as follows. SECTION 1: The above recitations are true and correct and are adopted as the findings of the Agency. SECTION 2: The Agency Board finds that the Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The . Agency Board has independently reviewed and considered the information contained in the Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Hammer Property acquisition, and that, based upon the Initial Study and the entire Resolution No. RA 2004-009 Environmental Assessment 2004-506 — Hammer Acquisition Adopted: June 1. 2004 Page 2 administrative record for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the approval of the Hammer Property acquisition. SECTION 3: The Hammer Property acquisition will not be detrimental to the health, safety, or general'welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2004-506.. SECTION 4: The:Hammer Property acquisition will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or Wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. SECTION 5: There is no evidence before the City that the Hammer Property acquisition will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. SECTION 6: The Hammer Property acquisition does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, . as no significant effects on environmental factors have been identified by the Environmental Assessment. SECTION 7: The Hammer Property acquisition will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity; as .development patterns in the area will not be significantly affected by the proposed project. SECTION 8: The Hammer Property acquisition will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts. have been identified which would affect human health, risk potential or public services. SECTION 9: The Agency Board has on the basis of substantial evidence, rebutted the presumption of .adverse effect set forth in 14 CAL Code Regulations 753.5(d). SECTION 10: The Agency Board has fully considered the proposed Negative Declaration-. Resolution No. RA 2004-009 Environmental Assessment 2004-506 — Hammer Acquisition Adopted: June 1, 2004 Page 3 SECTION 11: The Negative Declaration reflects the independent judgment and analysis of the Agency. SECTION 12: The location of the documents which constitute the record of proceedings upon which the Agency Board decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records in Jerry Herman; Community Development Director. SECTION 13: Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code Section 711.2. SECTION '14: The Negative Declaration is hereby certified and adopted. SECTION 15:. The Community Development Director shall cause to be filed with the Riverside County _ Clerk a Notice of Determination pursuant to CEQA Guidelines Section15075(a)'. PASSED, APPROVED and ADOPTED at a special meeting of the La Quinta Redevelopment Agency held on this 1 st day of June 2004, by the vote to wit: AYES: Members Adolph, Osborne, Perkins, Sniff, Chair Henderson NOES: None _ABSENT: None ABSTAIN: None YTEFRIR ENDERSON, Chair La Quinta Redevelopment Agency � t Resolution No. RA 2004-009 Environmental Assessment 2004-506 - Hammer Acquisition Adopted: June 1, 2004 Page 4 ATTEST: J . GREEK,. CMC, Ag&nW Secretary La Quinta Redevelopment Agency _(SEAL) APPROVED AS TO FORM: M. KATHFAINE JENSON en y C nsel La Quinta Redevelopment Agency • This is to certify that the foregoing is a full. true and correct copy of a original document containing pages; - which is on file in the Office of the City Clerk of the City of La Ouinta. California J Dated: LL e_ c o� � June S. -Greek. CMC/AAE City Clerk NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION RIVERSIDE COUNTY To: County Clerk County of Riverside From: CITY OF LA QUINTA NOV 23 2004 Attention: Cindy Kohler P. O. Box 1504 2724 Gateway Drive La Quinta, CA 92253 GARY L. ORSO Riverside CA 92501-3801 sy ll c. Kohler Deputy Subject: The City of La Quinta intends to adopt a Mitigated Negative Declaration for Environmental Assessment 2004-524 in compliance with Section 21092 et.seq. of the Public Resources Code, with respect to the project more fully described herein. Project Title: Certificationof a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004 - 524 for the disposition and development of 27.77 acres, APN 649-030-034 Lead Agency Contact Person Area Code/Telephone/Ext Thomas P. Genovese 760-777-7100 . COUNTY CLERK Project Location (include County): West Side of Dune Palms RoadNT9e r " r62and Avenue 48, within the City of La Quinta, County of Riverside, APN 649-03R. NOV 2 3 2004 Toxic Sites within the Project Site: None. r� 1 oved:' �n r Project Description: `� The project ultimately involves the disposition and development of a �"i'.�/°� Riverside, arcelpf ncluding the issuance of all related land use approvals and permits ("the Project"). The parcel is located on the northwest corner of Avenue 48 and Dune Palms in the City of La Quinta, APN 649-030- 034 ("the Property"), and is situated between Avenue 48 and Highway 1 1 1, west of Dune Palms. The La Quinta Redevelopment Agency acquired the Property in March of 2004, primarily for the purpose of carrying out its obligation to provide housing in accordance with Health & Safety Code Section 33333.2, et seq. Approximately 15.44 acres of the Property will be developed with housing, and the remainder will be developed with retail commercial. The actions, approvals, and permits which will implement the Project include (1) the adoption of a Specific Plan for the 15.44 acres located on the northwest corner of Avenue 48 and Dune Palms, for a housing complex; (2) the amendment of Planning Area III of the Centre at La Quinta Specific Plan to extend its border to Dune Palms, adding approximately 12.33 acres of property; (3) the approval of a parcel map to create a parcel; (4) approval of the site development permits, conditional use permits, grading permits, building permits, and any other required permits for the construction of the various structures to be,built on the site; and (5) disposition of the property by the La Quinta Redevelopment Agency. The Amendment to the Centre at La Quinta Specific Plan is the first of the actions to be considered by the City. The subsequent project approvals will be separately noticed and considered at a latter date, but will be based upon this environmental review. r No significant effects on the environment are anticipated as a result of this project with the implementation of the proposed mitigation measures; therefore, a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Initial Study/Environmental Assessment and all documents referenced therein along with the draft Mitigated Negative Declaration are available for review and copying at the Community Development Department at the City of La Quinta located at 78-495 Calle Tampico, La Quinta, California 92253 on weekdays from 8:00 a.m. to 5:00 p.m. The public is invited to comment on the draft Mitigated Negative Declaration during the public review period beginning on November 24, 2004 and ending on December 15 2004. Public Hearings: Public hearings will be held to consider the Amendment to the Centre at La Quinta Specific Plan component of the project and the Mitigated Negative Declaration as follows: Planning Commission December 14, 2004 7:00 p.m. City Council December 21; 2004 7:00 p.m. Each hearing will be held in the City Council Chambers, located at 78-495 Calle Tampico, La Quinta, California 92253. el'- November 19, 2004 Interim Communit, Date Development Director Title BOE-502-A (Back) Rev. 4-(8-02) File No. RPD-1356791 (sl) PRELIMINARY CHANGE OF OWNEP REPORT Please answer, to the best of your knowledge, all applicable questions, then sign and date. If a question does not apply, indicate with . N/A.' PART III: PURCHASE PRICE &TERMS OF SALE A: CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing cost) Amount: $14 , 505 , 480 B. FIRST DEED OF TRUST @ % Interest for years. Payments/Mo=$ (Prin. & Int.) Amount: [ ] FHA [ ] Fixed Rate [ ] New Loan [ ] Conventional [ ] Variable Rate [ ] Assumed Existing Loan Balance [ ] VA [ ] All Inclusive D.T. ($ Wrapped) [ ] Bank or Savings & Loan [ ] Cal -Vet [ ] Loan Carried By Seller [ ] Finance Company Balloon Payment [ ] Yes [ ] No Due Date Amount: C. SECONDDEED OF TRUST % Interest for years. Payments/Mo=$ (Prin. & Int.) ':Amount: [ ] Bank or Savings & Loan [ ] Fixed Rate [ ] New Loan [ ] Loan Carved by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance - Balloon Payment [ ] Yes [ ] No Due Date Amount: D. OTHER FINANCING. Is other financing involved not covered in (B) and (C) above? [ ] Yes _ (X_X] No Amount: Type % Interest for years. Payments/Mo=$ (Prin. & Int. only) [ ] Bank or Savings & Loan [ ] Fixed Rate [ . ] New Loan [ ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes . [ ] No Due Date Amount: E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? [ ] Yes FX] No Outstanding Balance: Amount: F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission /f paid) Total Items A through E 14,505,480 G. PROPERTY PURCHASED [ ] Through a broker [X4 Direct from seller [ ] From a family member [ ] Other (please exp/ain� If purchased through a broker, provide broker's name and phone number: Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price and terms of sale: PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: [ ] Single -Family Residence [ ] Agricultural [ ] Timeshare [ ] Multiple -family residence (no. of units: ) [ . ] Co-op/Own-your-own [ Manufactured home [ ] Commercial/Industrial [ ] Condominium [X� Unimproved lot [ ] Other (Description: i.e., timber, mineral, water rights, etc. B. IS THIS. PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ] Yes [X]No If yes, enter date of occupancy / / or intended occupancy month day year month day year C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (Le., furniture, farm equi ment, machinery, etc.). (other than a manufactured home subject to local property tax?) [ ] Yes ] No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list ofpersonal property.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? [ .. ] Yes [XX] No If yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? [ ] Yes [ ] No What is the decal, number? - E. DOES THE PROPERTY PRODUCE INCOME? [ ] Yes T$ ] No If yes, is the income from: [ ].Lease/Rent [ ] Contract [ ] Mineral Rights [ ] Other (please explain): F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [KX] Good [ " ] Average [ ] Fair) [ ] Poor Please explain physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the_Assessor in determining the value of the property: vacant land CERTIFICATION OWNERSHIP TYPE (check) Proprietorship [ ] Partnership [ ] I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Corporation [ ] This declaration is binding on each and every co-owner and/or partner. Other [X]Redevelopment Agency NAME OF TRANSFEREE OR OFFICER OF TRANSFEREE (typed or printed) TITLE THOMAS P. GEN VESE -Executive D rlector SIGNATURE OF TR(NSFER912P OFFICER OF TRANSFER DATE l 2- Zc -- NAME OF ENTITY (typed orprinted) FEDERAL EMPLOYER ID NUMBER La Quinta Redevelopment Agency 95-3740431 ADDRESS (typed orprinted) P. 0. Box 1504,, La Quinta, CA 92253 LEPHONE NUMBER (760)777-7063 DATE Agril 12, 2004 NOTE: The Assessor may contact you for further information If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent riling of a preliminary change of ownership report, the recorder may charge an additional fee of twenty dollars ($20.00). Reproduced by First American Title Insurance 3/2003 BOE-502-A (Front) Rev. 4 (8-02) COUNTY ASS 'S OFFICE PRELIMINARY CHANGE OF OWNHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's Office for the county .where the property is located; this particular form may be used in all 58 counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: Shirley A. Hammer, William J. Hammer, The Bypass BUYER/TRANSFEREE: La Quinta Redevelopment Agency ASSESSOR'S PARCEL NUMBER(S): 649-030-034-5 . File No. RPD-1356791 (sl) 'S USE ONLY PROPERTY ADDRESS OR LOCATION: APN #649-030-034-5, Vacant Land FOR ASSESSOR'S USE ONLY La Quinta, CA 92253 CLUSTER OCi OC2 MAIL TAX INFORMATION TO: Name: EXECUTIVE DIRECTOR DT INT Address: LA QUINTA REDEVELOPMENT AGENCY RC SP$ P. 0. Box 1504, .La Quin.ta, CA 92253 DTT$ #PCL NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year; July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment -becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after_ 3anuary 1 and on or before December 31, you may be responsible for the second installment of taxes due February 1. The property, which you acquired, may be subject to a supplemental assessment in an amount to be determined by the County Assessor. For further information on your supplemental roll obligation, please call the County Assessor's Office. PART I: TRANSFER INFORMATION .(please answer all questions) Yes ❑X No A. Is this transfer solely between husband and wife (addition of a spouse, death of a spouse, divorce settlement, etc.)? 0 Yes Y, No B. Is this transaction only a correction of the.name(s) of the person(s) holding title to the property? (For example, a, name change upon marriage.) ❑ Yes © No C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? Yes © No D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. cosigner)? Yes ® No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? Yes . No F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? Yes �X . No G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: Yes FX No 1. to a trust for the benefit of the [ ] Grantor [ ] Grantor's spouse? ❑ Yes QX No 2. to a trust revocable by the transferor? ❑ Yes OX No 3. to .a trust from which the property reverts to the grantor within 12 years? Yes QX No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? Yes EZ No *J. Is this a transfer between[ ] parent(s) and child(ren)? [ ] or from grandparent(s) to grandchild(ren)? Yes ® No *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? [ ] Yes [ ] No Yes L_XJNo *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? Within the same county? [ ] Yes [ ] No *If you checked yes to J, K, or L,youu may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. If _ you do not file a claim, your property will be reassessed. Please provide any other information that would help the Assessor to understand the nature of the transfer.' , If the conveying document constitutes an exclusion from a change in. ownership as defined in Section 62 of the Revenue and Taxation Code for any reason other than those listed above, set forth the specific exclusions claimed: N/A Please answer all questions in each section. if a question does not apply, indicate with N/A.' Sign and Date at bottom of secondpage. PART II: OTHER TRANSFER INFORMATION A: Date of transfer if other than recording date N/A B. Type of transfer. (please check appropriate item). [ ] Purchase [ ] Foreclosure [ ] Gift [ ] Trade or Exchange [ ] Merger, Stock, or Partnership Acquisition [X-,4 Contract of Sale - Date of Contract March 3, 2004. [ ] Inheritance - Date of Death [ ] Other (please explain): [ ] Creation of a Lease [ ] Assignment of a Lease [ ] Terminational a Lease [ ] Sale/Leaseback [ ] Date Lease Began [ ] Original term in years (including written options) [ ] Remaining term in years (including written options) Monthly Payment Remaining Term: C. Was only a partial •interest in the property transferred? [ ]Yes _ .[K No If yes indicate the percentage transferred: % Reproduced by First American Tide Insurance 3/2003 FirstAmerican Title Company 44-901 Village Court, Suite A, Palm Desert, CA 92260 (760) 340-7245 Fax - (760) 568-0656 PRELIMINARY TITLE REPORT.APPROVAL FORM To: ,FirstAmerican Title Company March 09, 2004 File No: RPD-1356791 (sl) Re: APN #649-030-034-5, Vacant Land, La Quinta, CA 92253 The undersigned acknowledge receipt of a copy of the Preliminary Report dated 01/13/04 . The parties authorize and instruct Escrow Holder to correct the legal description on any and all documents previously. signed and.. deposited in this escrow, if necessary. Buyer approves the contemplated policy form and further approves exceptions listed as Items 1, 3 - 16, to appear in the policy of title insurance to be issued at the close of escrow. Those exceptions listed as Items 2, 17 - 21 must be eliminated prior to the close of escrow. Buyer acknowledges receipt of a copy of the Covenants, Conditions and Restrictions.(CC&R's) affecting the subject property, as shown as Item N/A _ of said Preliminary Report. The undersigned acknowledge that they have read, understand and approve the terms, covenants and conditions stated therein. Buyer further acknowledges that First American has not examined the public records for any involuntary liens that maybe of record against the undersigned. Buyer(s). Buyer understands that, should there be any involuntary, liens recorded against the Buyer at the time Buyer acquires title, these involuntary liens will become liens on, the title to the property. ' La Quinta Redevelopment Agency,. a public body, corporate and politic STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Lead Agency: CITY OF LA QUINTA REDEVELOPMENT AGENCY County Agency of Filing: Riverside Project Title: EA 2003-506 Receipt # 200400600 Date: 06/02/2004 Document No: 200400600 Project Applicant Name.- CITY OF.LA QUINTA-REDEVELOPMENT AGENCY Phone Number: 760-777-7125 Project Applicant Address: P.O. BOX 1504 LA QUINTA CA 92253 Project Applicant: Local Public Agency CHECK APPLICABLE FEES: ❑ Environmental Impact Report ❑ Negative Declaration ❑ Application Fee Water Diversion (State Water Resources Control Board Only) ❑ Project Subject to Certified Regulatory Programs © County Administration Fee $64.00 ❑X Project that is exempt from fees (DeMinimis Exemption) ❑ Project that is exempt from fees (Notice of Exemption) Total Received $64.00 Signature and title of person receiving payment: Notes: NOTICE OF DETERMINATION To: County Clerk County of Riverside From: CITY OF LA QUINTA REDEVELOPMENT AGENCY Attention: Cherrie Seager P. O. Box 1.504 2724 Gateway Drive La Quinta CA 92253 Riverside CA 92501-3801 Subject: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code, Project Title: Certify a Negative Declaration of Environmental Impact for Environmental Assessment 2003-506. State Clearinghouse Number n/a (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension Jerry Herman Project Location: 760-777-7125 Located in the northerly section of the City, generally bounded by Highway 1.11 on the north, Dune Palms Road on the east and Avenue 48 on the south, City of La Quinta, County of Riverside. Project Description: Acquisition of property (approximately 27.75 acres) by the La Quinta Redevelopment Agency. This is to advise that the City of La Quinta has approved the above described project on June 1, 2004, as ( X Lead Agency _ Responsible Agency), and has made the following determinations regarding the above described project: 1. The project [_will X will not] have a significant effect on the environment. 2. _ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [_.were X were. not] made a .condition of the approval of the project. 4. A statement of Overriding Considerations [_ was X was not] adopted for this project. 5. Findings [X were _ were not] made pursuant to the provisions of CEO.A. This is to certify that the final Environmental Documents (EA 2004-506), with any.comments, responses and record of project approval, are available to the General Public at: City of La Quinta, Community Development Department 78-495 Calle Tampico/P.O. Box 1504, La Quinta, CA 92253 blic Agency) Date received for filing at OPR: [F0 L FE[M RIVERSIDE COUNTY !JUN 0 2 2004 June 2,2004 Date Title . it Director COUNTY CLERK . Neg Declaration/Ntc Determination Filed per P. R.C. 21152 POSTED IJUN 02 2004 Removed: GARY L. ORSO By Dowd . T. Marshall Deputy By: Dept. County of Riverside, State of California CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title, location, name and address of project proponent (including county): Certification of a Negative Declaration of Environmental Impact for Environmental Assessment 2003-506 for the acquisition of property (approximately 27.75 acres) by the Redevelopment Agency with the general expectation that the majority of the property will be redeveloped as an affordable housing project at some future date. Located -in the nortFierlysection of the City,: generally bounded -by Highway 1-11- on the north, Dune Palms Road on the east and Avenue 48 on the south, City of La Quinta, County of Riverside City of La Quinta, P. 0. Box 1504, La Quinta, CA 92253 Project Description: The acquisition of property, by the Redevelopment Agency, with the general expectation that the majority of the property, will be redeveloped as an affordable housing project at some future date. Findings of Exemption: See attached Redevelopment Agency Resolution RA 2004-009 certifying Environmental Assessment 2003-506. Certification: I hereby certify that the lead agency has made the above findings a fact and that based upon the initial study and hearing record, the project will not individually, or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and/Game Code. Je ry Herdnan, Community Development Director Ci y of La Quinta, California J,fine 9, 2004 Xh 216515 RECORDING REQUESTED BY i RECEIVEDFORRECORD AND WHEN RECORDED. MAIL TO: ATS-00CYCLOCK City of La Oulnta IM Attention: City Clark JUN 12 P.O. Box 1504 La (3u Into, Callf0mle 92253 GRANT OF EASEMENT DEED PARTIES: CITY OF LA QUINTA JOE W. HAMMER AND SHIRLEY A. HAMMER, AND WILLIAM J. HAMMER Description: Riverside,CA Document-Year.DocXD 1996.216515 Page: I of 171 Order: 456 Comment: : Wemuroo 99P : sepzo LT 30 Z :abed 5TS9TZ'966T azzoa-eez-aue—oa YD•apFssaeFg :uoFadFzosaa .«........._.........._.._...._................ suuJaj, upgA 'LE 9................ ...................... ......... ......«............................ ......................... a?u3ss3 ayl o a (L, or 9.»........ «......_»................... ................. .......................... ........ . sap" pauae Aped PAM 16L 9..............«....»................. .........«.......«......«.............. ...........«.......... ...««...«.....JaeleM 'BL 5............. _.... ................................. ...«•........... ............ ........... .._: ai1914J W UOROWA3W'[t G«............. .................... ................. •.«......... ..«.».««............. ....... ............. _.««.. suag3ej •9l S............ .... .«............ ............ ..««.w..«..«.»......... .......... ...«...... »�i 9 UJOjI�/ 'SL . 5...»....................... «.......... «»...........:.......«.««.........««.«..............« . !® pue wassasong •EL 5...«..«...««....««.........«.«.................... »«....... ............... .........«. .. s a F d 'LL S........................... «...««.««..«..«»_....... .».... ............««....... b.........................»»........»....,............anua� pue uw 1psp o luasuoa - mvl al e3(i 'ol E.................... ......................_.......................«.....».....................«....«....«....... .6 E.......................•.....«.............«......«......................«..........««........... .......... ` E.».......... ............ .........«................»._............_.....«.....«...... ............. uo ulumpul 'L E............................_.«.......«.......................«_.«....«.«. ......................... slua '9 • Z...�....«....».........»..«..........».......«..........«.....« .........«jMtMUWAajj lmlpvw.S .....................«....«....« ....«...:...«.....«.« ««........... oue sd s�aiip •b L..........«»...«. »«.«........... ...«..«.«...... li • u—W—,i utl rsff .......... ................. ................. .«... «.....»..«... urtoa Sil�Jpd t •L 1...«».«.«.«.................................... ................. .... ....«««...«....s of N J •t S1N31NOJ 10 31OVI f f GRANT OF EASEMENT DEED This Grant of Easement Deed Agreement ('AgreemenP) is made as of April 18,1996 by and between the Cjty of La Quinta, a public body corporate and politic Mity') and Joe W. Hammer and Shirley A fiarircner, husband and wife as community property, as to a 27.360/28.360 undivided interest, and William J. Hammer, a married man as his sole -and separate property, as to a 1/28.360 interest, all as tenants in common ('Owner"). RECITALS A Owner and City desire certain improvements to be made to and on behalf of the Parcel which improvements are specified In this Agreement, and which improvements are acknowledged to benefit Owner's remaining parcel and. other parcels located in the City of La Quinta. B. The purpose of this Agreement Is to provide to City a perpetual roadway. right-of-way easement and access rights as are set out In the Agreement so as to benefit Owner's remaining parcel and other parcels in the City, to acknowledge Ownees right to develop the Parcel, and to provide Owner with rights with respect to its future improvement of the Parcel. . Therefore, in consideration of the mutual covenants and agreements set out in this Agreement, with the parties acknowledging there has been an exchange of value, the parties agree as follows: 1 c Certain Definitions. As used In this Agreement, the following terms will have the indicated meanings: (a) City -. Cityof La Quinta, or Its assignee. (b) 'Owner': Joe W. Hammer'arid Shirley A. Hammer, Husband and Wife as Community Property, as to a 27.360/28.360 undivided interest, and William ). Hammer, a married man as his role and separate property, as to a 1/28.360 Interest, all as tenants in common. (c) 'Parcel': The real property described on attached Exhibit A. (d) 'Right -of -Way Easement': That portion of the Parcel to be perpetually dedicated by Owner and accepted and developed by City as described on attached Exhibit B. (e) 'Temporary Construction Access': That portion of the parcel temporarily utilized by the Desert Sands Unified School District pursuant to an Agreement dated April 18, 1996 with Owner. 2. All Parties Bound. As specifically provided In this Agreement; the benefits and burdens of this Agreement both benefit and hind City, Owner, and their successors and assigns. • •Y Description: Riverside,CA Document-Year.DocM 1996.216515 Page: 3 of 17 Order: 456 Comment: I� ii 3. List of Improvements to be Develgped. The followitng is a list of the improvements to be developed by the City, at its sole cost, pursuant to the terms and conditions of this Agreement: (a) •Design, construction, and completion of all Dune Palms Road street imprnwaments between Highway 111 and Avenue 48, as shown on plans prepared by Pacific Engineering and Associates as approved by the City Engineer on October 9,1995. (b) Design, construction, and completion of sign alization at Highway 111 and Dune Palms Road as shown on plans prepared by Hall & Foreman, Inc. as approved by the City Engineer on March 27, 1996 subject to any revisions mandated by CalTrans. 4. Owner's Participation..i wner, as part of this Agreement, shall provide City with a perpetual easement, which Is the Owner's contribution as part of this Agreement, limited to the property desaibed on Exhibit B, for the purposes of allowing City to develop those improvements and the items delineated in Section 3 and provide public right-of-way. Owned shall not be responsible for or obligated to contribute to or,particlpate in the cost of constructing those items outlined in Section 3 to be constructed by the City within twelve (12) months of the execution of this Agreement Separate from the grant of easement, upon execution of this Agreement, Owner shall abandon all trees, which are part of Owner's contribution as part of this Agreement, located in the existing sixty.(60) foot in width roadway easement shown in Book 7, Page 14 of Records of Survey, Riverside County, as well ss those trees located within the thirty (30) foot In width Temporary Construction Access located adjacent to and immediately west of the existing sixty (60) foot easement along the entire eastern portion of the Parcel. Owner for himself, his agents, and related entitles, fully releases, acquits, and discharges City, and the officers, directors, employees, attorneys, accountants, other professionals, Insurers, and agents of City (collectively "Agents") and all entities related to City, from all rights, claims, demands, actions, or causes of action which Owner has or may have against City arising from the acquisition of the Right -of -Way Easement and Temporary Construction Access and Owner's displacement from the Parcel, or otherwise, including, but not limited to, any claim to relocation assistance, relocation benefits, compensation for improvements pertaining to realty, goodwill, compensation for pedonal property, fumlture, lodures and equipment, or damages of any nature. City shall be required to remove all trees from the Right -of -Way Easement and Temporary Construction Access and may, at its sole election, relocate the trees to a location selected by City to create a date tree grove, or shall at a minimum dispose of all those abandoned trees to a landfill. Should City relocate said trees that are abandoned by Owner, City shall name the grove after the Owner(s). S. Future Median Develoment. City hereby acknowledges that Owner shall have the right to install a full service two-way median curt on Dune Palms Road no less than 600 linear feet from the intersection of Highway 111 and Dune Palms Road. Additional two-way full service median cuts along the Dune Palms Road shall not be less than 606linear feet apart. Owner further reserves the right to gain access to the Parcel from Dune Palms Road from,locations that Owner selects prior to the Parcel's ultimate development. Description: Riverside,CA Document-Year.DocXD 1996.216515 Page: 4 of 17 Order: 456 Comment: 6. Easements. In connection with the dedications and improvements specified in this Agreement, Owner desires to grant the Right -of -Way Easement to.City or other governmental or quasi -governmental agency specified by City, to enable City to carry out the terms and provisions of this Agreement, and to enable City to provide for the maintenance of any improvements constructed pursuant to this Agreement: Owner shall execute such documentation as may reasonably be required to -dedicate such easements to City, or City's designated governmental or quasi -governmental agency. Upon execution by Owner and City, notarization, and delivery for recordation for valuable consideration, the recelpt and sufficiency of which Is hereby acknowledged, Owner, hereinafter Grantor, hereby grants to City, hereinafter Grantee, a perpetual easement and rlghhof-way for public purposes in, on, under, across, and through all that real property described per Exhibit "B" and as shown on Exhibit mill attached hereto and made a part hereof. 7. indemnification Each party shall indemnify, defend, and hold the other parties hereto free and harmless from any and all loss, costs, fees, damages, claims, and liability whatsoever (including reasonable attorneys' fees, court costs, costs of investigating any matter, and costs of enforcing Indemnification) which arise or result from Owner's or City's actions and/or omissions on the Parcel, and which are deemed to be in breach of the provisions of this Agreement. a. tkni. Subject to the items to be constructed In Section 3 which shall not result in the recordation of any mechanics liens against the Parcel, City shall not cause any mechanic's liens, claims arising out of furnishing of materials, performance of work on the Parcel, claims arising from acts, occurrences and/or injuries to person and/or property, and/or any other claims which might constitute a lien and/or cloud on title to be imposed on the Parcel. If any such lien is created or imposed on the Parcel, City will immediately cause same to be removed and shall defend, Indemnify, and hold Owner harmless from any loss, cost, or damage therefrom. The foregoing prohibition on liens and encumbrances shall not apply to the condition in which an exception to title will be imposed on the Parcel as part of the fulfillment of a requirement of a utility provider or governmental agency, as such may be approved by Owner pursuant to this Agreement. 9. Notices. Any notice, request, demand, consent, approval, or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered In person to an officer or duty authorized representative of the other party, or deemed effective seventy-two (72) hours after deposited in the United States mall, duly certified or registered (return receipt requested), postage prepaid, and addressed to the party for whom intended, as follows: If to City: City Manager City of la Quinta 76495 Calle Tampico La Quinta, CA 92253 (619) 777-7100 FAX - (619) 777-7101 I� 3 �! 1 �. � r 043A6 � ra Description: Riverside,CA Document-Year.DocXD 1996.216515 Page: 5 of 17' Order: 456 Comment: j If to Owner. Joe W. Hammer Shirley Hammer William 1. Hammer 677 Dry Falls Road Palm Springs, California 92262 1619) 342-8466 (619) 346-6624 FAX - (619 568-4653 If to Future Owner: As spedfied by any Future Owner Copy to. Dawn Honeywell, Esq. P.O. Box 2095 Orange, California 92669 (800) 350-6812 FAX (714) 771-1109 and Copy to: Schlecht, Sheviin & Shoenberger, A Law Corporation 801 East Tahquitz Canyon Way, #100 P.O. Box 2744 Palm Springs, California 92263 ATTENTION: Daniel T. Johnson, Esq. and Copy to: Rosenow Spevacek Croup, Inca 540 North Golden Cirde, Suite 305 Santa Ana, California, 9270S Mention: John N. Yonai (714) 5414SBS FAX-(714) 836-1748 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received seventy-two (72) hours after mailing as provided above. 10. 6gplicable Law - Consent to Jurisdiction and Venue. This Agreement shall in all respects be governed by the laws of the State of California which are applicable to agreements executed and to be fully performed therein. The parties further agree that all actions or proceedings . arising in connection with this Agreement shall be litigated exclusively either In the state or the federal Courts, as appropriate, located In the Desert judicial District of the County of Riverside, State of California, which courts shall have personal jurisdiction over the Mrtipc hereto. 4 owl" f Description: Riveraide,CA Document-Year.DoclD 1996.216515 Page: 6 of 17 Order: 456 Comment: 11. Severable. No term, condition, or provision of this Agreement shall be interpreted or construed to require the performance of any act, duty, or obligation that is contrary to law. if any term, condition or provision of this Agreement Is determined to be illegal, unenforceable, or invalid on whole or in part for any reason, such provision shall be stricken from this Agreement to the limited extent necessary to bring ' this Agreement. within the requirements of the law and this Agreement to the fullest extent practicat shall otherwise be deemed legal and valid and shall continue in full force and effect. 12. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all ads and things reasonably necessary in connection with the performance of their respective obligations hereunder and to carry out the intent of the parties hereto. 13. 5.6 rr2 and Assigns. All of the, terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, including, particularly any future Owner of the Parcel. 14. Entire Agreement This Agreement together with the Temporary Construction Access License Agreement dated April 18, 1996 as entered into between Owner and Desert Sands Unified School District, constitutes the entire understanding and agreement of the parties and any and all prior agreements, understandings, or representations and/or warranties of any kind are hereby terminated and canceled in their entirety and are of no further force or effect. No amendment, change, or modification of this Agreement shall be valid unless such document is in writing and signed by all of the parties hereto. 1s. Attomev's Fees. In the event any action of any type, including, but not limited to, suit, collection, counterclaim, appeal, arbitration, mediation, and/or alternative dispute resolution as provided herein, is instituted or brought by a party to enforce any of the terns and provisions hereto and/or to obtain a declaratory judgment with respect to the status of his, her, or its rights hereunder (collectively an 'Action' herein), the losing party shall pay the prevailing party all costs, expenses, and fees whatsoever incurred by the prevailing -party with respect to bringing and prosecuting such Action and enforcing any judgment, order, ruling, or award granted thereunder, including reasonable attomeys' fees, accounting fees, and court crnts as the Court may award. 16. to The captions appearing at the commencement of the paragraphs hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the paragraph at the head of which it appears, the paragraph and not such caption shall control and govern In the construction of this Agreement. 17. Incorporation of Exhibits All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth in the body hereof. r,. Description: Riverside,CA Document-Year.DocM 1996.216515 Page: 7 of 17 Order: 456 Comment: is. Waiver. No consent to any action, waiver of any provision, or waiver of any breach of any duty or obligation hereunder shall constitute a waiver of any other provision or consent to any other action or subsequent breach, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth In writing- Any waiver given by a party shall be null and void if the party requesting such waiver has not provided to the waiving party. a full and complete disclosure of all material facts relevant to the watver requested 19. ird Part/ Beneficlarfes. This Agreement, and every provision herein, Is made exclusively for the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement Is intended -to confer any rights or remedies under or by reason of this Agreement an any persons other than the parties to it and their respective successors and permitted assigns; provided, however, nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third person to any pan to this Agreement. 20. Jima of the Essence. Time is of the essence with respect to the performance of all the duties and obligations set forth in this Agreement. 21. Certain Terms. The terms 'shall' and -will' are used interchangeably and have the same mandatorymeaning. iN WITNESS WHEREOF, this Grant of Easement Deed has been executed and delivered as of the day and year first above written. OWNER Pm'-p. q.�060�- )CIE W. HAMMER _ SHIRLEY KAVXUR +•�s CITY OF LA QUINTA, a public body corporate and politic BY711ef� City Manager ovnft Description: Rtverside,CA Document -Year.DoclD 1996.216515 Page: 8 of 17 Order: 456 Comment: STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDB ) On this 24th day of April, 1996, before me, DONA LEE RICHARDSON, the undersigned, a Notary Public in and for said State, personalty appeared JOB W. HAMMER, personally known to me (or proved to me on the basis of satisfacwry evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the tame in his authorized capacity. and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument_ WITNESS my hand and official seal. COai laic)qkWN 7MMICOLIM es -- «rm"'ttq, STATE OF CALIFORNIA ) ) ss• COUNTY OF RIVERSIDE ) NOTARY PU LIC On this 24th day of April. 1996. before me, DONA LEE RICHARDSON. the undersigned, a Notary Public in and for said State, personalty appeared WILLIAM J. HAMMER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. oowuWrsctuca M g 3 oau OW rmum ! etatan--coin Corm. «npt+:v toots STATB.OP CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I Q i • Ta W WI- , On thin 24th day of April. 1996, before me, DONA LEE RICHARDSON. the undersigned, a Notary Public in and for said State, personally appeared SHIRLEY HAMMER. personally known to me (or.proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official stal. ' ! J 00Nacore�a i°Ctcauor Naeaavaocr m°►w0 NOTARY P BLIC comm. MA91Z0 t9a b iI Description: Riverside,CA Document -Year.DoclD 1996.216515 Page: 9 of 17 Order: 456 Comment: I s of Callfamie) - --- Aunty of ) On before me, ffIly appeared CI perwnaIy known tome or proved to me on the, buts o(sathfaMry evidence to be the perm(s) whose mmnds) Islam subscribed to the within Instrument and adusowledged to me that hehhdthey exerted the same In hislherhheirauthorized eapaeitylies), and that by hisllserAheirslgnaturets) on the Instrument the perorB), or the entity upon behalf of which the per%&*) acted, executed the InslrumeaL WITNESS my hard and oNicialsml. (SEAL) 51Qnature. Print Name Commission Expires Slate of CalifomI4 Countyof 1 On before me, ppwnally appeved U personally known to me or proved to me on the basis of satisfadory evidence to be the persona) whose name(s) dare subscribed to th'ewhhln Instrument and acknowledged to me that hdshdthey executed the same in his/herAheir authorized eapaeity(tess, and that by hi0erAheir figeahireld on the Instrument the person(s), or the entity upon behalf of which the person(s) ailed, executed the instrument. WITNESS my hand and official seal. (SEAU Sr@wtum: CAPACITY CLAIMED BY SIGNER 0 INDIVIDUALS O CORPORATE OFFICERIS 0 PARTNERS 0 ATTORNEY -IN -FACT O TRUSTEER) D SUBSCRIBING WITNESS ❑ GUARDLANICONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: (Name OfPenonfr) Or Entitled CAPACITY CLAIMED BY SIGNER O INDIVIDUALS ❑ CORPORATE OFFICERS O PARTNERS O ATTORNEY -IN -FACT O TRUSTEE(S) 0 SUBSCRIBING WITNESS ❑ GUARDIANUCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (Name OJ Personfs) Or fntidey Description: Riverside,CA Document-Yea2-.DocXD 1996.216515 Page: 10 of 17 Order: 456 Comment: EXHIBIT A LEGAL DESCRIPTION 0 Description; Aiverside,Ca Document-Year.DocXD 1996.216515 Page: 11 of 17 Order: 456 Comment: m .E THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, AND IS DESCRIBED AS FOLLOWS: THE EASTERLY 330 FEET OF THE NORTHEAST QUARTER OF HE SOUTHWEST QUARTER OF SECTION 29. TO\WNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDLAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED JULY 15. 1856; EXCEPTING THEREFROM -THE EASTERLY 30 FEET, AS GRANTED TO THE COUNTY OF RIVERSIDE FOR ROAD PURPOSES BY DEED RECORDED APRIL 9, 1952 IN BOOK 1358, PAGE 240 OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM ARIGHT OF WAY OVER THE SOUTHERLY 30 FEET FOR PUBLIC ROAD AND UTILITY PURPOSES, AS -RESERVED IN DEED . FROM ANASTACIO M. CHAVEZ AND WIFE, RECORDED JUNE 3, 1949 IN BOOK 1081 PAGE 313 OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM THAT PORTION AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED NOVEMBER 7, 1967 AS INSTRUMENT NO.97902. SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAPS ON FILE IN BOOK 8 PAGE 14 AND IN BOOK 14. PAGE 43 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS. PARCEL 2• THE EASTERLY 660 FEET OF THE SOUTHEAST QUARTER OF THE SOUIHW= QUARTER OF SECTION 29, TOWNSHIP S SOUTH, RANGE 7 EAST SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT. SURVEY APPROVED JULY 15, 1856; EXCEPTING THEREFROM THE EASTERLY 30 FEET AS GRANTED TO THE COUNTY OF RIVERSIDE FOR ROAD PURPOSES BY DEED RECORDED APRIL 9, 1952 IN BOOK 1358, PAGE 240 OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM A RIGHT OF WAY OVER THE NORTHERLY 30 FEET FOR PUBLIC ROAD AND UTILITY PURPOSES, AS RESERVED IN DEED FROM RUBY L. SNIDER, RECORDED JUNE 3, 1949 IN BOOK 1091 PAGE 347 OF OFFICIAL RECORDS. SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 8, PAGE 14 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS. Description: Riverside,CA Document-Year.DoclD 1996.216515 Page: 12 of 17 Order: 456 Comment: -PEON& tQ m n fte mew. &.ft., ve"ev bow I fA 0,0. O I -A Ln tQ ta pI 0" V " juo A�O_.fov ".0sr"s. III— . -ro11 -6pq 3.e wa we mu elly Api so ,~ Sam U—C I' a, op EXHIBIT B LEGAL DESCRIPTION OF RIGHT•OF-WAY EASEMENT . b Description: Riverside,CA Document -Year.DocSD 1996.216515 Page: 14 of 17 Order: 456 Comment: LEGAL DESCRIPTION FOR DUNE PALMS ROAD THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP.5 SOUTH; RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF TIES DESCRIPTION, THE BEARING ALONG THE CENTERLINE OF DUNE PALMS IS NORTH 00900'00" }VEST. BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND SOUTHERLY 55,00 FEET FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH A LINE WHICH IS PARALLEL.WITH AND WESTERLY 30.00 FEET FROM THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 0000VW' EAST 567.20 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 01002'30" WEST 385.06 FEET TO A LINE WHICH IS PARALLEL WITH AND WESTERLY 37.00 FEET FROM THE SAID EAST LINE; THENCE NORTH 00000'00" WEST 182:20 FEET ALONG SAID PARALLEL LINE TO SAID LINTS WHICH IS PARALLEL WITH SAID NORTH LINE; THENCE EASTERLY 7.00 FEET ALONG SAID PARALLEL LINE TO THE PRINT OF BEGINNING. CONTAINS 2623 SQUARE FEET EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: J E SOLLIE P.L.S. 5749 A , I ENSE EXPIRES: 12/31/99 6018RW2.WW • ,9 e CF CAl:f9 J Deacriptlonc Riveraide,CA Document-Year.DocID 1996.216515 Page: 15 of 17 Order: 456 Comment: �f EXHIBIT 'I811 CENTER OF SECTION 29 1/4 SECTION UNE r r HIGHWAY N0 55.00, 11 11in 1 7.00' 7.00' N pip ma ' gm 4 C �. an'o PORTION C Off' r .� d ao' 'o� $ ; P OrR—r! J1�1 Dr'�' THE E AS rE: R Y g I V, � W 1/ 2 O .Q S 3- r r r 1~ Or 0:2 �. 7'1--15- W -1/2 JN E -1/ 1 OF THE Jr 71-1r JNW \j\l 1/4 O o_ 1/4 Jr T'H SECTION 0 ram. -1/ �f Or . -.,� r'.,�.,. R �� in �� a SECTION 29 F w r J . S. J' I y W o Z b 0 Q o Sw bb TITLE: DUNE PALMS RIGHT OF WAY y I Q sb' +t��+j� �,,,� & Fbren ,1w� 30. �. A Ctrf E�gt IV 4W k.. sum 2W . wn a ON-180.114/ 00 trUao4w I II L ATE OF PREPARATION: 1-29-- 6 t JOB NO. 6018 '. Description: Riverside,CA Document-Year.DocXD 1996.216515 Page: 16 of 17 Order: 456 Comment: • : auaunuoa 953 rsapsp Li 3o LT :a6ad SIS9TZ'966I_alooQ•seaA-:;—umooa YD'apFssanFg :uoFadFsaeaa i emb wl to Al xnl� pit vet 9661 'L SLY TOM '966T 'L SM ao amXM uolPv Of 11=03 40 VMFD sZ aqj ao Ampq uo juaau. io iwWo pau2pnptm otp Aq pndma Aganq q laop mdsoa pdplmtm s'ujalnD s'I3o.f4)3 aW es'(unmiJ) $e Roamm WWI P asoij MITE r Palsp Pam JtMMOS13 10 lawJ otp .Sq paAaeua3 4odwd lwj al MMul asP ImP AAyTiRJA,Wi2Mt J.NMHSV3.90 MNVJdHZ)Jd 30 ZLH21L3LLu3a 1 I I =�h5 RECORDING REQUESTED RV AND WHEN RECORDED MAIL TO: City of La Quinta Attention:. Gil' MWh8 78.�35 Cage Tampion La QuinM'CaGfomia 92253 GRANT OF EASEMENT DEED 1394Q3/ ar ae APR 24M tfaaadr r _ DES: CITY OF LA QUINTA, Grantee/City )OE W. HAMMER AND SHIRLEY A HAMMER, AND WILLIAM J. HAMMER, Grantor/Owner .. _... _._.. .,... w Description: Riverside,CA Document-Year.DoclD 1.997.139403 Page: 1 of 17 Order: 456 Comment: L TABLE OF CONMNTS 1. Ce!!!b1 a dfihiom............ 1 2. eM patti�, as 60=d ......�.�...�...........-_1 3. Ust of ftnnMMents to be nWbWMMg }n of hMents -2 4. L MMMIMR12429MM 7�^ 8. gem ............................... ••••••-- � 10. ApgLmbk l aw to hnislction a»d Vaue — - - ------- - ------ 12. ....................................... 13. lucaxs M and AWw9 •�---�--'-' 14. ftNfe 15. Aty_0M v's Fees 17. IMMRMftufWdMk 19. AN Pmly Belatiaries ffiTithe M fhe Ess — »�...-.......6 W ..............•••••.«.•. 21. Cerfafn Tema �---� ..............................»......... Description: Riverside,CA Document -Year.DoclD 1997.139403 Page: 2 of 17 Order: 456 Comment: GRANT Of EASEMENT DEED This Grant of fasertmM heed Agreement rAgreement`► is made as of April 8, 1997 by ad between the City of La Quints, a public body corporate and politic ("City') and Ice W. Hammer and Shirley A. Hammer, husbmhd and wile as community property, as to a 27.360128.360 un&vided interest. and V06am 1. Hammer. a married man as his We and separate property, as to a 1/28.360 Interest, all as tenants in oornmon.CO vnerl). RECITALS A. Owner and City drsin: aerWM impromments to be tirade to and an behalf of the Parcel which improvements ate Specified in this Agreement. and which mitts ace admeWedged to bens Owners remaining parod and other patmb lamed in the City of La • _. & the purpose of this Agreement is to provide to Gty a perp&W roadway rig "P%vay easement and access riglhis as are set out in d* Agreement so as to benefit Owner's remaining parcel and other pateehs in Ov City, to atimm ledge Owners right to develop the Parcel, and to provide Owner with rights with respect to its future improvement of the Parcel iherefmr, In consideration of the mutual covenants and agreements set out in this AFeentom, with the patties aduwwledging there has been an exchange ofvalue, the parties agree as Mows: 1. • QMhn Definitions As used in this Ageement, the Wowing term; will lout the Indicated meanings: (a) OW: City of La Quints, or its asshpm (b) 'Cnvner": Joe W. Hammer and Shirley A. Hammer, Hud=W and Wife as Cotnmrrhity Propaq, as to a 27.36Qf2&360 undivided tntemst. and William L Harts , a married man as his stile and separate property. as to a 1128.360 interest, all as tenants in common. (d 'Parcel': The neat property described on attached Exhibit A. All -Ri j-af--Way Easement: That ponton of the Parcel to be perpemlly dedicated by Owner and accepted and developed by City as described on attached Exhibit B. 10 'Temporary CDnurucdw AmW.- That portion of the parcel temporarily utilized by the City pursuant to an Agreement dated Apn18.1997 with Owner. 2. ftdk%_Bound. As speafir.*. provided in this Ageeritw. the benefits and burdens of this Agmement both benefit and bind Cryy. Owner. and their wommon and wsigrhs. Description: Riverside,CA Document-Year.DOCID 1997.139403 Page: 3 of 17 Order: 456 Comment: 3. list of frnproroexnems to be DevelwoedfVaratton ed Easements. The following is a list of the improvements to be deweloped by the City, at its sole cost, pursuant to the terms and aurtditiacn of this l�eennent: . (a) Design, ouehstru ku% and completion of all Avenue 48 street improvements between Adams Street and lefierson Street. including, but not pmW to curbs and gutters, as shown on PI= Prepared by Kom Egftme ft as aWmmd by the City Eng+neer on March 1 a.1997. (b) DesirL can 1ructiom and completion of sigpalization at Avenue 48 and Dune Palms Road as shown on plans prepared by Kone Engineering as approved by the City Engineer on Mardi 18,'1997 subject to any revisiorts manda[ed by arty governmental agency. (c) try agrees to cooperate with and assist Owner in etfe•txirrg a vacation of the -Of4 Y eds&l its teWvid M Ifd ivio (2) deeds'ieWn:Ied June 3. 1949 'in 600k 1Q81, Pars ' 313 and 347 of the Of xial Records. 4. gets Partictoatinn Owner, as part of this Agteemestt, shall provide City with a Perpetual easement, whkh is the Owner s cOntn'bution as part of this Agreement. limited to the POPOV daml*d and depicted on 'ExhtIlA 11, consisting of approximately 24.120 square feet $eneially located north of the exis" right-oFway on Avenue 48 and west of the existing right-of-way on Dune Palms Road for the purposes of allowing City to develop those improvements and the items delineated in Section 3 and Provide publk. d&-ofway. Owner shaft rout be responsible for or obligated to Fay impart fees arwor any other fees, and/or to contrWe to or Participate in the cost of constructing those lens outlined in Section 3 to be amwucted by uee Cleo %patate from the punt of. easement. upon exeanion of this Agreement. Owner shall ahandar, In favor of City, all sob Within the Right-ol:Way Easement and. Temporary Construction 'Access to the &deal necessary to allow City to construct a 3: t excavation and embankment slope, which donation of loll is pate of Owner's cerm Aion as part or this anent. Subject to the term of this Agreement. Ow rw for hin". his agents, and related entities fully ram, acquits, and disrlwrrs Gly, and the officers,, dhettocs employees, attorneys. aooavruants, other prafesionalt Insurers, and agmts.of City (collectively -Agents) and all entities related to City. from all rights, cWms, demat* acdtm , or causes of action which Owner has or may have against City arising km the anaFfisillon of the Right-of•Way Easement and Temporary Construction Access and 0►rter% displacement from the Parcel, or otherwise. including, Ind not Embed to, any claim to mincation asshunm relocation berefks, compt%mation for, improvements PUMMg to realty, PodA. oompe hsatian for persnrml Property. fumlure. fixtures and equipment, or damages of any nature. S.. h4ure hu4m Develoonrerct_ Cry hereby admowledWs that Ckaw shalt have the d rt to install a dne wq left Ilan only median cut on Avenue 48 onto Owners pmpurty no less than SW Ilrrear feet sat from the'oenter point of the (nuenecction of Avenue 48 and Dune FWms Road. AdditkxW two-way full make median outs along Avenue 48 shall rot be !ass than 6W linear feet apart. Owner further reserves the right to grin access based uprm 4?4!+ aprov„etj plans:- ".•'' "frrinih 11�iirErii 4� fltitii lo[at�ait: iiiat Qwahi se eds prow to the "P,iiel's ultmute desrtopm rat. r� 1f S $ 1,aiwow, Description: Riverside,CA Document-Year.DoCID 1997.139403 Page: 4 of 17 Order: 456 Comment: : auemuroD 956 :-rep-ro Lr 3o 5 :06ed E066Ei'L66.r ax5oa•.ze9A-auauunooa vD,apFssa.iFar :uoFaaTFsasea MOM w 5e • - r ♦. •v..,• ♦ ..n. .. r. .,. ..... 1.... r-. .•. 1•. � . �Y••+rrr-•y,-. . !h. .-:y♦•i,•.4. .^Mtww. .VlH.tn ryN•.'I•—N IY.T♦•f'�•Y 101L-LLL 1619) - M WIL-LLL SO) CUM Y7'elu.ulb LI o*duiel aM S6ir9L eiulub t1 J��? 1a0e1 M k j se 'POPualul UMPA x'1 Aired aqi of pmwppe pup 'P!nlard a$plsod '(pwwbw ldutw uiidai) Paua6lU Jo MIM Alnp y!ew saietS )p>!ufl a p u! Pa"Xlap JMP si "(ZL) VAI-kWWAs aypva pawaap jo Alied ragio aqi lu aelteluawmW pwpogmr drop m jwW Ire of wsmd ui Pam-ppPuy+ loll" nt p Aluo apew jo tt +4 Alpim aq 0W'iml Aq io iapw=q paw JO Pamibae uori6lunuwmn raylo m 'lrnoidde'ar xuo0 'punuWp 'lsatibv 'aullou Auy saa!1'i%�I -6 -Wuwamgv stye of iurmnd =mo Aq pannrdde aq dew qms se'd W280 letuawwa+aO JO Aapliwrd APIP a to ivaurwO— a jo luawolnl aip l0 MKI Se lammd a p uO pasaduq a4 nm alai a1 uONama ue q3f" u! uolip = aqi of AOh 1ou !legs sa ueigwmaa pup scrag uo uoWcpgwd a&U -"afar -AkWpP m 'lsm 'SSOI AM ww) IWPU04 =L*AO. P104 Puy' A1luuPo! POMP UM Pup pmnwm aq vi awns mn Alamwmuuy Ura Ail) yawed AW oO pmdw! jo POiw sl uag iWi` dun p 'laved aqi uo lwxodun aq al alit uo prop mfpue uall r ainitlsuw,i48,w g s upp ra" due jo/pue.-Avalmd mAw uoswd al wwaul mAw saauaml= %pe u" Sulsue na ep 'Iamrd atli uo 4n% jo, aunmuop!•id 'slelraiew Jo Su.Wuuy p ino MMm " p ^sung satucspaur Aue amej iou Ibis AD yard a p pup* wait smun paw Aue to uollepuoo.•u aqi ul Wn" iou utilt Ipj4 ► E ualp' S ul mq paplax! se papna uw aq al PoM aql of S 'M '9 'luawaafill s" l0 wola'wid aglp qm-q ul aq of paump me `pW pue lamed" uo 90PRuro mpue suolpr 010 io s numO " 4'sw Jo.astie 4M" lu WOW= pw 8 q=Pa jo sisr' pue 'Jaiiew Aue St+MS39mul Jo R= .%= ima0 %aaj,.sAauxw a{ rupsm Bulpnpug anaos iMM%lei 4a!! puv %UIep'sa&ujvp "sMJ `S laq Ou pup Aue uwj U%WN We my a'aja1 W-QW J0I10 aqi ppq Put 'Pualap AJ!uuiapu! " Auvd e� Alokud ImM He q2 p %mm 'spun 'uo lulsas &W 3UWW jej Amwp-W Pete vMuaM RmWW a 'iwliieig ia0eup" 'AID of quvA4 A*wq 'solisuo 1 Immo 'p*palato mpv Agaaa4 sl ipprA jO AvppVpw pue idlaus mp 'uogrAppeeo a1 wIm jej ua.gVm au jo; Anallap pue'4wpwpelou'AV pine jawip Aq w.qm u uodfl �e'lenwunua<+oS�tsenb jo inuaummAd pawl sop s,A O jo !A 0 of sivaurawo q3w a=pap of pailibr aq Atgpuosp3u Aew se iw!irluauuuop gxis apnaxa ileys jaump 'wawaa* gql a1 wmnd popmmm sluawwzWun Aur )o woueuaiutrw mp M appa d of ko algeua al pue'tuausaafdy s!ti'1 to suols!mW pue suual MP eio Aura 01 Al!a "Iew 01'AiD Aq paaJ!& Aaue jewawwau$tspnb ,a leluawur -Al ragio m Au> of iva ueM Avm lo-*)j a4l iueA m sagmp iaiunp 'mmmadly Sidi W pag!yads sivawanaxluu pue w Aup aq1 qpA uppauuoa ul NmuM '9 S : aueuwoo 953 :.zapzp Zr 90 9 :abed E066ET'L66I 07aoQ•ZVRA-4vaumo0Q TD'apFs.zaeFg :uoFadFzoueQ 4"QU it IT vlawy sawed ayt yaw ucxt�!pslm� livos+ad atey n� iP!4"'� 'e1�)!lt`a � alels •ap!swyJ toAiwico aNllu IS!41 f"pnd Lasaa atp aq pm-,q'amdo" se'sunoJ dejaPa1 aq) xa a1r1s ayl u! aay +la..anlsra PaA1.9 aq W* llm=aV 041 4l!"s vo!00uuw ul 8u!sue sSu!pa�oud io suo!t�e He 1e41 a>�e nyµnl sa,lu+tl a4A. 'u! Il Prwiwlwd'Ifin1 aq a1 Put' palm slumuaa& ul aw'!O& a w 4xgx riujq. p3 la ai% a411a smel a41 Aq pautauG aq nxvkm An u! Imp wauoa* "I -a+ w vw "tv. al i - 'Ol •aww Pa WOA se 8&nl!ew wUe vnny tZLd aatrAlua%as paw put Pataulop On) pawaap aq hails awes aql 'p!p�+aM w Pew Aq lugs 9 MuuuaP NNW io "lou Aue 11 •auW Pa• Pub legs ig Pay!Mm aq pp 4m4" wmPPe lwwa1!!P a amd.wp *ja4w ayl ul "Pu tP111 t Aq 'aagl of augl uag Anu Aj d Auv IPIZI lttL1�9E8 1t'lL) - XY3 • IamA •N igdol :ualually SOZZ6-PPWJM vw Titus sot aW s'apD uaP7*4> N (ItS "3ul'dnwa jamwS "nOwmV :ol kda ptv bs] 'ua%nM 1 Ruea -NOl NILLM £9tt6 eft }lleJ * tuivd M it W9'od o01# 'AM twAUP3 M&Pt W3 t08 uolleiadio)sel V 'iafftaquao% V "IS'14." :olAdoj PYt 601 l-!LL W1.0XYd • • . 2189.05E ib0s1 ' .. .... .. _ .. _ . 6"'C6 VPWJV3'AWV ISWZ w8 'ad ,bs3'paxAauoEl wmU :olAdoj £s9r,99s (619)-xvi t•I99.:9K (619) 99MKK (6191 MUG elw9qv3 AR* WFd ptoa s pj ti0 Z49 muuueN •(we!qlm MUM" AMggS Maw" •M aq ?a 0 mJ1 h 1. Severalg , No term. condition. or prr"ion of this Agreement shall be irderproed or construed to require -the performance of any act, duly, or ohlotion that is contrary to lay. if any term, condition or prat,"a t ttf this Agwment is determined to be. illegal. unenfr weable, cw invalid on whole or in part (many twason. wda provision shA he stricken from this Agreement to the limited extent accessaq• 10 bring this Agnrmmil %ithin the require "15, of the law and this Agreement to the fu&st extent practical shall cdhenvbe be deemed legal and valid and shall cofortur in fall force islet rftw. 12. hmhcr .kWiriLncres. Each of the p artier hereto Shall esrcute and deliver am and all addtiorwl papers, 4kvmmL% and other assurances, and snag do any and All acts and things reasarlahly nenessarr in connection with the pr4mmancr of their ieslrectiac obligatians hereunder and to carry cad the intent of the parties hereto, . 13. ohs and Assipats Ail of the form and pnnisions Contained herein shall inure to the benefit of and sW he binding upon the patties hereto and their respective heirs, personal mIxesentath,es, suctes axs and wigns, including. particularly An figure Ch%fer of the Parcel. 14. Entire A r prr1 . This Agreement topmher with the Temporary Congrunion ?caress l.ttsense Apeemeru dated :blue) 8, 14197 as entered into bet%%vm (M-new and the City of la Quinta, cnrstitules the entire undemandirtg and agreement of the parties and any and all prior agreements. tmderstandingf. or reprewntAtions ,and/or warranties sif am- kind are bomby terminated And canceled in their entireq- and are of no b AtK r forte or rifest. No Amendment. chauige, or modification of this Agreement shag lie valid unless stx-h document is in witing and signed b} all of the patties hereto. 13. AttotN)'s fees. In the event any action of any Lyj*. includinp, lug mat limited tat. suit, collecting, counterclaim, appeal, arbitration. nttdt lion, andiar ahemalhe disluue resolution as pltvidcd 1wrem. is inslituled or lwought by a party to enforce any of the It-mis Anil pnwisions hen'to andlor to obtain a declaratory judgment wlh respell to the slants of his. her. or its nous hereunder (aA1m1i+rlyan -AQian- hereirl, the lazing party shall pay the prevailing patty all oasts. expenses, arrd fees uktismer incurred Ity the pre+uiling party +kith respell to hringing ,nut pmsmding sun h Adion and enfmft any jnnhpnew. order. ruling. or award grained thereunder. including reasonable attown"V fees, accounting fees. and roon casts as the Court may ay.aid. 16. QJWions. The captions appearing at the rvunmcmrmenl of the paragraph► hereof are desctipthe n;, and for convenienm in re(mmm. Should there be any comlia brt%tmn any such caption and the paragraph at the head of which it appcvrs. the paragraph and not surfs "Ilion shall corihnl and grncm in the construction of this Agreement. 17. InpQ i E,�Fiijgj*. All exhlrits attached hereto and reftm d tit herein are iorwrprwated in Ibis Ag ect!s ent as though fully set firth in the body hereof. 13. Waiver. Na eionwat In any idiom, waiver of arw lrmisitm or uantvr of ant- hie u•h dott of ariy y or obligmion hereunder shall cori-A tote a v►ahrdr aany other ptmisirm of mmtxtt Many ...,.��: •—._e4hsr acirtintMc XUlisctlllen> lttt�cb..w Tltcr.ur;wdL.sin)4x.. NcR•1 W%a.w cons MAW O+twilrtulC .t ...... ...,. continuing waiver or consent or cx+ntmit a patty to lmnidi, a w"ai%vr in the hrture ruept to the extent specikally set forth ih wriligg. Any waiter gnr,. lw a party shall he null and %mitt it the party i,rr.etaa..�rr -4�� Description: Riverside,CA Document-Year.DoclD 1997.139403 Page: 7 of 17 Order: 456 Comment: requesting such .wai►sr has not: provided to the waiving party a fun and complete di dmwe of an material facts relevant to the waster requested. 19. third Parly^Benefir'.arics This 11g/eemem. and eery p+oL�iort herein, is mails exclusively hw the h neft of the parties heMa and their mspectae mcce sons and p uni ted assigr►s. Nothing in this Agreement IS intended to confer any rights or remedies under or by reason of this Ag uemenl on any Msom other than the parties to it and their respeclkv su[x, was and permitted '"p s: presided, ho+vever, nothhg in this .�gneemeni is intended to reGe►�e or discharpe the vNigtlian or liabililyof any third person io artypart to this Agreement. . 20. Time of the I ssencr. Time is of the essence with respect to the performance of an the duties and obTigatfoos set froth in this Apeement_ 21. Crgtain TEums the terms *shag- and -will" are used interdt rrAly and hale the same mandatory meaning. 1N WITNESS WHEREOF, this Cram of Easement Deed has been executed and det vemd as of the day and jvwr first abo -e written. OWNER BY: OE W. HAMMER BY: SHIRLEY ' $R r , WILL"I 1. HAM R CI1Y OF LA QUINTA, a pr6lic holy eosprra a and pofrlic B �C City urw.a�.K 6 narrivr Description: Riverside,CA Document-Year.DocID 1997.139403 Page: 8 of 17 Order: 456 Comment: J. s STATE OF CALWORNIA ) EL COUNTY OP RIVERSro$ ) On this 99k day of ApM, 1997, 1 6 me, DONA UM RICHARDSON, - 0t un i ds -al, a Notary Public in and far said We, Peraonaily eppeued JOE W. HAMMER, personally hmn to me (ar plowed to mo oo the basis. of satisfactory cvidg=) tube the person whose snare is subscribed to the within irsst =Wt. and adWwWgdd to me that ha aecuted the same in his ar bouizod. apmcity, and that by his dean n on the Kvumad the person or the entity upon behalf of which the palm acted, at=ad the ftwmm . r edal Sal: mrrssacotae`�"ar11° STATE OF CALIFORMA ) ss. COUNTY OF RIVWME ) it i 0 _ _ F-74,7-1,""m On this 9th day of Apt, 1997. befte are:. DONA LEE RICHARDSON. the tmdmu ped, a Notary Public in and for sad State, persunagy appeared SHIRLEY HAMMER, . pa MHY tatasm to ma (Or proved to me on the basis of nd faetnW evidence) to be the parser, Whosee hurtle is wbwrs'bod to dw within bubumeW, and admo Wlpd to we that she wm tad the same in her authorized capaerlty. turd that by leer signature on the instrument the person or tha entity upon behalf of which the v P 10 6 feted. steamed the iesueement. WITNESS my hand and oitt W seal. e OO 3-0In NOTARY C STATE OF CAUIFORNIA ) ) SS. COUNTY OF RIVERSIDE ) Oa this 91h day of April. 1997, baton: aW DONA LEE RICHARDSON. the underslgrmd, a Notary Public in and fiat Skid Slate, pasoWy appeared WILLIAM J. HAMI► M— parser BY known to see (or Proved to = an the basis of atidbuory evidence) to be the Pasco whose name is sttba v-W to the within irrstratnart, and arclmowtedpd to far that he mWMW the am in his.authodttd capacity, and that by his dgfateme an tha inzwment am pesSmt or tiro amity upon behalf of which the pWW acted, 0ra;trtod the Irmumaet. WiTNE,SS my hand and oftial anal. i.. A SSV.L.Uh..n. ++4�.YsTi_,!�y.`. �. . i.r.axYT v,•✓.•� .v . �. rr ..1 r .. .. r . -. . .f` ' ° *am �• NOTARY C Description: Riverside,CA Document-Year.DocXD 1997.139403 Page: 9 of 17 Order: 456 Comment: ' :IUauwoJ 99F :.zapsp LT 30 OT :869d EOP6ET'L66T aio0a-.reaj-3U8amD0a Y3.'GPT6ZGnF2f :UOT:44 osaa 8O1YAa3S. vlaavn'J p SSIMIAM)NISIXxpns 0 t9331snal �] A7Yfw•A3NaouY p Sa3N1avd q SIMMO3LVNO"Ga p snmawam p twlrw3 rQ Ispnat>.y/CJ �N) '9NUI43f3dd3M 9 83NMS `431.110 p aolvAVJSKM%vtQavno q ss3�lun �Klalaao-ans p ISt331�n81 � L�VtNhA1N>f011Y svituvvd p 98331AJO 3lvaodow d swnowow p i13N% All O31VIY+3 A113YdY3 NLLNi4d$di1! 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M03 3=M='A3AMS 30'smm031130 *1. govd 'B, EOM �NI 3>13 N0 4MU0A3AVns:,ClMnGaSN30n No d0 Lit 30W 180"No08 m 6M.'t 3Nd O8OIIOm `i im -i Isn' t-t ovi ®3a NI a3AIi3M SV $39 Md . rrnT n (W OVOI Oi2Hnd•-I03 IM CC ATMIVON NU MAO JLV& 30 .LHOM V MVdMM 1:. jJMUIOXI OS'IV �Rrvom Imud0 d0 OtZ BOW `MCI 7000 NI ZS61 '6 inldv CI3C[} omv aaaa xa gSOaMi civov Vo3 sa> imm 90 ALNnoo mu of a81HV?I'J SV J33d of A7131 V3 MU JKojd2VDU +JAIi MX3 W8111 JLIM a3A0VddV AM= IIQM 113AOa suv.Ls a3LWn As N,e oms sv'bmanmq my 3sys ONIaV mas Nys IM L 3ONV12 UMOS S d]HRMOI W 110I1o3S 30 J&L'dVna igg&M SOS mu Ao imuvna isrrmmos mu Ao 133d M ATMM ma]. d0 SCIlI0o31I 410 0 sova't1 loos NI ow *I 30va 8 BOOS m "A NO UM S•IIOAMWn ON" CASN30n NO NAOHS OS3V Sf A4.11340W GTVS Z0616 -ox .Uminvism SV 061 'L VHH MMON a3ali0a31I a33a AS VIN1 ozinva 30 31v,15 3H1 01 03 MD SV NOLLIIod 1YYad Rox u 0NUADX3 osiv `Sa110O3Zt'IVI01330 SO C1C 30Yd IB01 x0o8 NI 6i61 It $Nnf a3(Mo:)n 16M& aNV z3AVHO 'A OIOVISVNV Hold cma M a3AV39n SV $3SOa nd ALriILCI C NNV CIVOV Orland 790d .I333 0C 1L71iMUnOS 3H1 WAO AVA 210 MOM V P tOVMMa,L 10NL MMM OSIV • �0031I-'IVIOI3d0 30OtZ 3JYd'8Sti �QOfl Nl iS61 46 TVdV CS(MOM C[MCI AS SBMMI 4VO?1103 3CASl13AM 30 MMOO MU 01 a3,UM0 SV 'J.333 CC XT a.LSV3 M1J.MIJ31i-a U ONL1.aM 19561 'St AW CI3t►OVUV A3AW2S . MMMA00 SUV.LS c3mm &R Nd60Hs sv'NVIa ram uNv aws oN craym s Nvs im t 30NViI UMC)S S 4MWA o.L'6Z 14OLLO3S do MVVna 1S3AnlaMOS mu Ao ZT3.l.mb 1SvIU)ION mu :10 1331 Ott A7113LSV3 Su =sw-no3 sy amme S! C1NV '$ai5ram io A1h oo 'Vmoaim 410 31V1S mu Nl MLVW S S111104a sm NI 01 a3NZ13.m WWI mu Jo il 0 16 POO i w M �sta.w+ara.•.ena.4 r+w-.e.-s«:y :...-...w._w ... •• :w .r-.-•rr....�.... •. .-q•r.....s.�—.•s �. .•.•....t. � �.� Description: Riveraide,CA Document-Year:Doc= 1997.139403 Page: 13 of 17 Order: 456 Comment: v EXHIBIT B IECAL. OfSCRipn0N OF rdCHT-CF-WAY EASfMEW .+-.q+sru.w::.yr.•..I..•H....e}�y.�ay�..r-a•-rAr-!•vey.+..,. . .va .w .+...l c. n. . r.r ... .••h. ..ne•• - v .a�.r ••N-.. ••. .i-... Deacription: Riveraide,CA Document-Year.DoclD 1997.139403 Page: 14 of 17 Order: 456 Comment: ' rW YW Ytl��'pp�� Avenue 48, la Quints ' APN 6494)30.1104 IPertion) That portion of the Southwest one•quartar ISW%) of Section 29, Township 5 South. Range 7 East, S.S.M., described as foRowti:. Begbuft at the i ttarsection of the southarly lifts of said Southwest on"uartet of. Section 29, said 'southariy fine being also the centerline of Avenue 48. v t1i the • westerly line of the easterly. 30 feet of said Southwest o"uarter of Section 29. said westerly Gne-being also the westerly line of Dune Palmm fload; Thence North 00010'14' West along said westerly One a distance of 378.71 feet; Thence, at right angles, South 8904914W West a distance of 25.00 feet; Thence South 00810'14' Fast parallel with said westerly line of Dune Palma Road a distance of 299.50. feet; Thence South 44640'27' West a distance of 33.14 feat to a point distant 55.00 feet northerly, measured at right angles, from said centerline of Avenue 48; Thence North 89°7e'06' West. parallel with said a erttedine, a distance of 581.70 feet to " westerly Una of the easterly 660.00 feet of the Southeast. on"uarw (SEW) of geld Southwest one4luarter (SWI41 of Section 29; Thence South 00010'14' East along last said westerly tine a distance of 55.01 feat to said centerine of Avenue 48. Thence South 89016'08' East along said centerline of Avenue 48 a distance of 630.08 feet to the point of beginning. Containing 24,120 Square- meet, more or less, exclusive of existing public road right of way. I .. a..a,.•9"b� rr.4tn.i..Y....�4: . •..v .. ry r .....1. : .,/�.: . .. .... . .�n.� .. • ..� w. .. ..,� Description: Riverside,CA Document-Year.DoclD 1997.139403 Page: 15 of 17 Order: 456 Comment: 3I 32 SEC. COR lea PARCEL • I* 1 , e.e. 48 , • al- 1.0 Ua KC 90A Tat. +'c . .fpARCEL '3' Wl +.AM arts K4t� AvE �' Description: Riverside,CA Document-Year.DOCID 1997.139403 Page: 16 of 17 Order: 456 Comment: ,:;--OD ggy :sapzo LT 30 Zr :abed EOi•6EI'L66T Qlooa•.-A-auaumooQ yo'apTgxGATg :gOT4cTTzDBGa j • I � f^ c�rr w�•�"" � �q •e ..ae s . sa.e .wttr SiIGA3'.5+. w C1J�'1 r LL t »... �.� ht7i:kt W; eFirsiAmetican Tide Compan've 44-901 Village Court, Suite A • Palm Desert, CA 92260 Buyer's Settlement Statement Final Property: APN #649-030-034-5, Vacant Land, La Quinta, CA File No: RPD-1356791 92253 Officer: Stacey Lopez/cp New Loan No: Settlement Date: 06/30/2004 Disbursement Date: 06/30/2004 Print Date: 7/1/2004, 11:47 AM Buyer: La Quinta Redevelopment Agency Address: 78495 Calle Tampico, La Quinta, CA 92253 Seller: Shirley A. Hammer; William J. Hammer; The Bypass Trust; The Marital Deduction Trust; The Marital Deduction Address: PO Box 278, Palm Desert, CA 92261 Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 14,516,748.00 Deposits in Escrow: Receipt No. 4339 on 03/05/2004 by La Quinta Redevelopment Agency 50,000.00 Receipt No. 7073 on 06/30/2004 by La Quinta Redevelopment Agency 5,800,000.00 Receipt No. 7075 on 06/30/2004 by La Quinta Redevelopment Agency 8,669,034.79 Receipt No. 7134 on 07/01/2004 by La Quinta Redevelopment Agency — 2,887.11 Prorations: County Tax 06/30/04 to 07/O1/04 $$1205.21/semi 6.70 _.._..._....__ om_......_...........Char e..._-... - --------- — — _—..._......._._..---- _............_...._._._.__..__. _ 'tle�scr st.. o------: ------ iComl �� +t First American Title Company 44-901 Village Court, Suite A Palm Desert, CA 92260 PR: 06243 Ofc: 3302 DATE: 06/30/2004 RECEIPT NO.: 7073 RECEIPT FOR DEPOSIT FILE NO.: RPD-1356791 FUNDS IN THE AMOUNT OF: $5,8001000.00 WERE RECEIVED FROM: La Quinta Redevelopment Agency CREDITED TO THE ACCOUNT OF: TYPE OF DEPOSIT: Wire REPRESENTING-: Closing Costs Comments: Property Location: APN #, 649-030-034-5, Vacant Land, La Quinta, CA 92253 DEPOSITED WIRE INFORMATION: Bank Name: Wells Fargo NA Contact: Federal Routing Number: 121000248 Confirmation Number: 2004182005060C Confirmation Date/Time: 06/30/2004 BY: Carolyn Patterson, 06/30/2004 ESCROW OFFICER: Stacey Lopez "The validity of this receipt, for the deposit referenced, is subject to clearance by the depository financial institution and credit to our account." Customer Copy i American Trusst Firs !.._L First American Trust, FSB 421 North Main Street Santa Ana, CA 92701 Incofning Wire Advice of Credit ACCOUNT NAME First American Title Company DATE 06/30/2004 ACCOUNT # 18021 AMOUNT 5,800,000.00 REFERENCE # 200418200SO600 Additional payment details are shown below: ORIGINATOR: CITY OF LA QUINTA PUBAGT OPERATING ACCOUNT P O BOX 1504 LA QUINTA , CA 92253 SENDING BANK: 121000249 SENDING BANK NAME: WELLS FARGO NA ORIGINATING FINANCIAL INSTITUTION: BENEFICIARY: 18021 FIRST AMERICAN TITLE CO 44-901 VILLAGE COURT, STE A PALM DESERT, CA 92260 760-340-7245 BENEFICIARY INFO: STACEY LOPEZ RPD-1356791 (SL) APN 649-030-034-5 HAM2\4ER PROPERTY ADDITIONAL RECEIVING INFORMATION: BANK TO BANK INFO: REFERENCE FOR BENEFICIARY 000000188 06/30/04 WED 07:04 [TX/RX NO 57701 11001 First American Title Company '... 44-901 Village Court, Suite A Palm Desert, CA 92260 PR: 06243 Ofc: 3302 DATE: 06/30/2004 RECEIPT NO.: 7075 RECEIPT FOR DEPOSIT FILE NO.: RPD-1356791 FUNDS IN THE AMOUNT OF: $81669,034.79 WERE RECEIVED FROM: La Quinta Redevelopment Agency CREDITED TO THE ACCOUNT OF: TYPE OF DEPOSIT: --Wire REPRESENTING: Closing Costs Comments: Property Location: APN #649-030-034-5, Vacant Land, La Quinta, CA 92253 DEPOSITED WIRE INFORMATION: Bank Name: USBAnk Minnesota Contact: Federal Routing Number: 091000022 Confirmation Number: 20041820455700 Confirmation Date/Time: 06/30/2004 BY: Carolyn Patterson, 06/30/2004 ESCROW OFFICER: Stacey Lopez "The validity of this receipt, for the deposit referenced, is subject to clearance by the depository financial institution and credit to our account." Customer Copy Trust Irn`?:?:5tr?idFr?t Adit' sr.?:rj First American Trust, FSB 421 North Main Street Santa Ana, CA 92701 Incoming Wire Advice of Credit ACCOUNT NAME First American Title Company DATE 06/30/2004 ACCOUNT # 18021 AMOUNT 8,669,034.70 -REFERENCE-# -- 200418204SS700 - - Additional payment details are shown below: ORIGINATOR: LA QUINTA FA SER 04 A HOUSING LA QUINTA CA SENDING BANK: 091000022 SENDING BANK NAME: US BANK MINNESOTA ORIGINATING FINANCIAL INSTITUTION: TRUST WIPES MK-SP-0300 BONNIE ZELINSKI 414-905-5339 BENEFICIARY: 18021 FIRST AMERICAN TITLE COMPANY BENEFICIARY INFO: LAQUINTA RPD1356791 SL S LOPEZ ADDITIONAL RECEIVING INFORMATION: BANK TO BANK INFO: REFERENCE FOR BENEFICIARY 06/30/04 WED 10:14 [TX/RX N0 57821 U 001 Sep 08-2004 01:29pm From -Coachella Water +7603919637 T-336 P•002/003 F-615 CUUNT _COU.N.TY •OF RIyER5IP3 a e or ;�. 9frcji anm, No. 340` •;:'. ' f 4Tt ffr.. or. '6r or ion LOCA'bibN: i '/g Sic. _ T R. . p�ILL• F�Ii,: ,(pe>La91I, 2i , • � L� #�. )�---r�--r-,� .._ �. ' . . ' ,T% .z.,_, r, •'`,�` '�-n..j.. �`i `..3:�.0 ��•�,• Qf �5: -Sii S�� 1;'rC '1�3�uTg'�'9_•r'�.- Arrrla -`>+i' • .' •-fie f _ _ .. � . • f1 ?� '`; 7;• ••.�;��Izi� .. y '`�. :.' • Totnl;flopth' of email Nam 1: l:rl C(e� c lio a of wnt4r wal— . ,`Te,,,�,..- .. r• •- Fm%nSBtibi►:. M ri n fti d '&r to. tight: Ban V. iar F , •, r -. .: •.a . , � • ' .'t 4'; ,• . �"a• '; AJ.Y � . .13 rT 'a -ay. :1;. osea:.�7g13=(Ghgek EqUiPm4n i ar 7 :; '•Dosri_ei {2e" . ` :7C ' " ' `Ind Trial 'Q Rotary x Ci 9 @ s &Zed 1. fTesi'�PY :c., 1 fQairle• t 'fie ''�'' T au •'{ ''' e13 8• ti: : `1�Ya Ir 1 . • ' Y3u Well 3. •ti 2 Y - — t°c,::, �.r•.i, , un i � Y . t:f • mpr : [ OtIler ; 0' `� Z `.$4.�'i�::. •.:: EtY1C1 ' . �,. �V•r.� .r... _ _ ...,,1 .:, �.►aJ 6�•' }' a ;- T�k11•L 3':' �: �t'rG`�l : h�.&�'•+ c% 336`•IV 325 00 saki :,° h .� ., .. 325"'336 :l,r • sat�d,� =:ti' �' i•N••..j t?.•r�._}., ''' t•-�_I�`.r. ,�ee..C:Y r-_.T.��:O•• __ '1' .l• _ _ _ 'A 1 qt. •, ��_ .�"iJ.'. ,R ' : 5: .;�•�•�� I�Ar.�und'fxfr'• uE�; . � �1�-'[` C!'. �7 �,-:_ ..q •, _ . ,} . - � : >: ' �,i,\, •side Ir=ntd'd''`Z !;� ,•.�J� f� •::i ' DEN hiilabm in.:�o�y,• j.F f� i _ •1 i'i� f ... , i • � � ..,-•--�------:•-•��r--'rT--• : ram- , . ' �1: •f3/%••, 7�• :Y �5' .ib' }•1 11 '. '-; r.'o 1. .1�-' '�\�_ �,rr!,��'�' PIS - ti.+M--. _ - t,:. - - �- . TRII"�,t•.r ,:• R� r` ,+ .`J'T.7,�'`T1' "�'�,a>r�" •.4 .5.•J:� �T' r - '� ' ' 1 , T. V' ' _. Y, •, •V ; 7^• i/ . . j• �u •i' 'r'' •' rig'" ''��'' J ., �Y--I :.,':+r:,. r.;�Iiln'fetssdaf'`•}YL�' v.tnt ... ,��_" ..r:'MIT - , �-��;� ti*i••.•.. Trll., -. r;=••- "•Z1oci]," aC nhieii fitet• found Li 3•• 2 0 i tt: _�:,r.. r9itindliasc.Itsti�bl�be!otr^Portorar3ng^' 10 - _,. 9livdii�pj le�sll.'nfterertarntin�.� �: :'.• YoUr.Q9t:vbtlon'0i'LhY clltmi3O In-WU;oY:IBV[i7 tvlllis dy'7117nQ .. _ ILL ?�1i4LP2NCx T�;53rc `,�;-r•(Oi�tloral-••ihier•�Iptn•n9t,�Ndutaxly) �'� :.i:•;- - . . CinD ciL - f , � ' (#iLl:%7llin. • - � � :,^ £t �CtW.�t (19V7T•• .. . .. , . ' � ..• • ' ey `i .5','�,:••' , ti - .f.. , ., "wbrkr,�_atart.�d - �7• _% , CX:07vatOd [: 488.,. yam. ,,.. J i •; SVha ti oD 's_rrm5�f rncleeTi P"Q ,'' ; i ..Tian ,`ii art 8 .: �' - - -- •'ld' `" Syarr 3iiy lev iti aim IairiaE contni,1ittutlon 'Yin _ 1_�-i: "i., ` ��y�• r" `. ::; i; 77 if s1�t�ndoTiaci..'wE ].mot F,&T • ' '` Tir 'f' - } ��--+ram - ' _!, ^`L•7k.. ''� .. C!Y` •:?r �.�i,:.' ,� ` NQ email Origin2l rind One C. to Gt 54lt�loo '• rLytin�rcl'En :caiy ` ,,. �,1`',. � �f3':'f31(�Jf�s• �.�L�@, '• �-t•�� " Y I�Ou •I%ivarsido, C."'ji#' n ". • .. ,�'�-'^','��'•'� .•�� .. +. �`�� ..�' .. ., .•:COup•'E .oP.•:Rxve>:�ldo, Couz•� •,: . a ox 1al•. C'mr. Sep 8-2004 01:29pm From -Coachella Plater +7603919637 T-336 P-003/003 F-615 No . I G OFF TC TAL 1;MT,r R7'C 0FD- 1'till ex, F?obwAs Drills-na Co. Box 485 Indio a O R.I. if . Au 11I. Criavez Box 181 Proposed Ur. o rq%iipment XrL igat:i an X Ro• ext y 0asIne; 336 F t . of 10" 5/13 Perfoz"at:,..oias C o 1�ni. index i'TUi1b cr � 2'7 PP as e 127. T,ocattio=-i Se. 2 9 ; T ',5S; _R 3317 ft; 0.1. Tr^L _:' 0:1:' ST1, "�;.G .: o�,G.;.�J.. Sec 20,5,'7 R_M Total Depth 04 Well 336 0 V6 131 154 176 6 200 212 221 243 260 280 �u 5 Typo of pe?-f oratflx' • Tor-ch out Pori'oilatec' : 1,.,s ft. to ..-per ft. nYa:9e-tev of pGr,forat ions 3 1c in. lc„,Li", Sit V,ater levelz Depth a" which tracer �:ras f:�.Mt found 120 r•L-. Standin- lovol aftor pei"or',tir1g Ol 'tom ?Tote yo.,u, oLs �A '� ation of any cFzarx�e f.xi a ter level 1'111_.le c�?�ll.li`l r�ene 96 SurfaLo Ears 1,. clad. 154 Sar-u. fmat.,O% rem;,:) 200 hax d :scwad 212 loose sand 242�. sand n 336- SF_n ly clad ? ��c$ :ere any levals zeal ed no vas a chm,,zic al analysis :�oiilr_ startod '7-20-^S co'.rolete.d V-2S—,�S Date _"opo3. t 8-5-A-3 Ma .e7ntley _� • Sep'-08-2004 01:29pm From —Coachella Water +7603919637 T-336 P.001/003 F-615 GM-C h 1ATER COACHELLA VALLEY WATER DISTRICT ��STRt Post Office Box 1058 Coachella, California 92236 Telephone No. (760) 398-2651 Fax Nos. (760) 398-3711 - Administration (760) 391-9637 - Engineering FACSIMILE TRANSMI L . ORMATION SHEET File: C .� y % e / � Firm l T y O F 1,A- U //V % !} City Telecopier No. _(_ ) 7 — 3 3 or Speed Dial No. From LP14�e_KZ��L� ,e?r'T". Z20D Total number of pages sent (including transmittal) . /Please review and call Per your request ,For your information Remarks: Is Asst. GM Asst. to GM Dept. Mead Originator File Original to follow by mail _ Yes �L No If you do not receive all pages or they are not legible, please call as soon as possible. Ask for aclz(o 0 - Date b Time CVWD-133 (Rev. 10/03) Order Nu*CS-69157RIV Page Number:1 Update #2 / Amended #3 First American Title Insurance Company National Commercial Services 3625 Fourteenth Street Riverside, CA 92501 June 14, 2004 Stacy Lopez First American Title, NVOD 44-901 Village Court, Suite A Palm Desert, CA 92260 Phone: (760) 340-7200 Fax: (760) 341-7593 Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Greg Franke (909) 781-8637 (909)788-9158 gfranke@firstam.com City of La Quinta Hammer Vacant Land, La Quinta, California PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Insurance Company Order Nun CS-69157RIV Page Number: 2 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of tide insurance, a Binder or Commitment should be requested. First American Title Insurance Company Order Nurr•JCS-69157RIV Page Nu*be, Dated as of May 20, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Shirley A. Hammer, a widow as to 48.237%; William J. Hammer, a single man as to 3.526%; Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of The Bypass Trust held pursuant to.the Provisions of the Will of Joseph W: Hammer, Deceased as to 9.4643%; Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Marital Deduction Trust A held pursuant to the Provisions of the Will of said Decedent as to 6.3672%; and Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Marital Deduction Trust B held pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased as to 32.4055%. The estate or interest in the land hereinafter described or referred to covered by this Report is:. Fee Simple The Land referred to.herein is described as follows: (See attached Legal Description) At the date hereof exceptions.to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2003-2004. First Installment: $1,205.21, PAID Penalty: $120.52 Second Installment: $1,205.21, PAID Penalty: $140.52 Tax Rate Area: 020-011 A. P. No.: 649-030-034-5 First American Title Insurance Company Order Nu rr CS-69157RIV Page Number:4 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, as a result of changes in ownership or new construction occuring on or after the date of Policy. Although the above supplemental taxes may be a_ lien, the installments thereof are not yet due or payable. 4. Intentionally Deleted 5. Intentionally Deleted 6. A right of way for ditches and canals as reserved by the United States of America in the patent recorded July 31, 1905 as book 3, page 228 of Patents. 7. The effect of.a map purporting to show the land and other property, filed in book 8, page 14 and in book 14, page 43 both of Record of Surveys. 8. Intentionally Deleted 9. A right of way for public highway over the Southerly 30 feet of Parcel 2 herein described, as contained in the Minutes of the Board of Supervisors of Riverside County, dated January 9, 1901, a certified copy of said Minutes was recorded April 17, 1959 in book 2454, page 65 of Official Records of Riverside County, California. 10. An easement for public highway and incidental purposes, recorded February 19, 1936 as book 267, page 204 of Official Records. In Favor of: The State of California Affects: Over the Northerly portion of Parcel 1 herein described 11. Rights of way, reservations, conditions and restrictions as set out in Deed from Coachella Valley County Water District, recorded April 17, 1940 in book 458, page 373 of Official Records, Riverside County Records. By Resolution recorded December 27, 1944 in book 658, page 175 of Official Records, the Coachella Valley County Water District selected a right of way over and across the North 100 feet and the East 70 feet of Parcel 1 herein described, excepting highway and the East 70 feet and the North 40 feet of the South 70 feet of Parcel 2 herein described, to construct, reconstruct, repair, replace, enlarge, diminish, use, operate and maintain any irrigation, drainage and storm - water protection works and canals, laterals and appurtenant works and structures as may be necessary or convenient for District purposes. 11A. An easement for public road and utilities and incidental purposes, recorded June 3, 1949 in Book 1081 of Official Records, Page 313. In Favor of: Anastacio M. Chavez Affects: the southerly 30 feet of Parcel 1 11B. An easement for public road and utilities and incidental purposes, recorded June 3, 1949 in Book 1081 of Official Records, Page 347. In Favor of: Ruby L. Snyder Affects: the northerly 30 feet of Parcel 2 First American Title Insurance Company Order NUt1SNCS-69157RIV Page Number: 5 12. An easement for highway slope purposes and incidental purposes, recorded November 7, 1967 as instrument no. 097902 of Official Records. In Favor of: State of California Affects: Parcel 1 13. Intentionally Deleted 14. The terms and provisions contained in the document entitled "Grant of Easement Deed Agreement" recorded June 12, 1996 as instrument no. 216515 of Official Records. By and between The City of.La Quinta, a public body corporate and politic and Joe W. Hammer and Shirley A. Hammer, husband and wife as community property and William J. Hammer, a married man as his sole and separate property. Said agreement creates an easement for roadway and access purposes over a portion of said land. 15. Intentionally Deleted 16. The terms and provisions contained in the document entitled "Grant of Easement Deed Agreement" recorded April 24, 1997 as instrument no. 139403 of Official Records.. By and between The City of La Quinta, a public body corporate and politic and Joe W. Hammer and Shirley A. Hammer, husband and wife as community property and William J. Hammer, a married man as his sole and separate property. Said agreement creates an easement for public utilities over a portion of said land. 17. Intentionally Deleted 18. Intentionally Deleted 19. Intentionally Deleted 20. Intentionally Deleted 21. Intentionally deleted 22. Intentionally deleted INFORMATIONAL NOTES 1. The property covered by this report is Vacant Land. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: . First American Title Insurance Company • Order NurJCS-69157RIV Page Number: 6 A document recorded February 7, 2003 as instrument no. 03-091197 of Official Records. From: Shirley A. Hammer and William Joseph Hammer, Jr., as Executors of the Will of Joseph William Hammer, Deceased To: Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Trusts held pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased A document recorded March 24, 2003 as instrument no. 03-204260 of Official Records. From: Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Trusts held pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased To: Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of The Bypass Trust held pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased, as to an undivided nine and 4643/10,000 percent (9.4643%) interests to Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Marital Deduction Trust A held pursuant to the Provisions of the Will of said Decedent, as to an undivided six and 3672/10,000 percent (6.3672%) interest; and to Shirley A. Hammer and William Joseph Hammer, Jr., as Trustees of the Marital Deduction Trust B held pursuant to the Provisions of the Will of Joseph W. Hammer, Deceased, as to an undivided thirty-two and 4055/10,000 percent (32.4055%) interest The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss,or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Title Insurance Company • Order Nu CS-69157RN Page Number. 7 The wiring instructions for First American Title Company Riverside office only: First American Trust Company Santa Ana Branch 421 North Main Street Santa Ana, California 92701 ABA 122241255 Credit to First American Title Company Demand Account Account No. 18012 When wiring, please reference our Title Order number NCS-69157RIV and the Title Officer Greg Franke . Please wire the day before recording. Please notify the Title Officer of your.intent to wire. Plat attached/gf First American Title Insurance Company • Order Nur�CS-69157RIV Page Number: 8 LEGAL DESCRIPTION Real property in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1: THE EASTERLY 330 FEET OF'THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED JULY 15, 1856; EXCEPTING THEREFROM THE EASTERLY 30 FEET, AS GRANTED TO THE COUNTY OF RIVERSIDE FOR ROAD PURPOSES BY DEED RECORDED APRIL 9, 1952 IN BOOK 1358, PAGE 240 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: THE EASTERLY 660 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED JULY 15, 1856; EXCEPTING THEREFROM THE EASTERLY 30 FEET AS GRANTED TO THE COUNTY OF RIVERSIDE FOR ROAD PURPOSES BY DEED RECORDED APRIL 9, 1952 IN BOOK 1358, PAGE 240 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 649-030-034-5 FIrstAmencan Title Insurance Company Order Nu CS-69157RIV Page Number: 9 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to. provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American , - Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other'communications to us, whether in . writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated_ companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship ,has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companiesi or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title.Insurance Company • Order Nu�CS-69157RIV Page Number:l0 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. . 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or riot the matters excepted under (a), (b); or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal. bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law; ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Insurance Company • Order Nur�CS-69157RIV Page Number: 11 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any'other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements. under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: . Part One . 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Insurance Company Order Nu r CS-69157RIV Page Nu m er: 12 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to -the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property. or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are riot shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; ,reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmerican Title Insurance Company Order Nul*CS-69157RIV Page Number: 13 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the.Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not -limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy., (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage.any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by.this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and - which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to Violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. The right to take the land by condemning it, unless: First American Tit/e Insurance Company • Order NuAM, CS-69157RIV Page Nu4 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Tide Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to.pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit).16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Polity Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at .the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American .Tit/e Insurance Company Order Nu*CS-69157RN Page Number: 15 I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Polio, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant;, . (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. First American Title Insurance Company • Order Nuri CS-69157RIV Page Numb r: 16 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions.in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records._ Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company