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RPVCCA_CC_SR_2013_12_17_F_State_Wildlife_Conservation_Board_Grant_AgreementsCITY OF 4o RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & MEMBERS 0 THE CITY COUNCIL JOEL ROJAS, COMMUNITY DEVELOP DECEMBER 17, 2013 GRANT AND SUB-GRANT AGREEMENTS WITH THE STATE WILDLIFE CONSERVATION BOARD (WCB) FOR FUNDS RELATED TO THE PURCHASE OF REAL PROPERTY IN MALAGA CANYON FOR THE PURPOSE OF OPEN SPACE CONSERVATION CAROLYN LEHR, CITY MANAGER ell- RECOMMENDATION Authorize the Mayor to execute the necessary grant and sub-grant agreements between the City and the Wildlife Conservation Board (WCB) thereby agreeing to all of the agreements' terms and conditions related to WCB's $1, 164,500 grantforthe acquisition of approximately 48 acres of real property in Malaga Canyon. BACKGROUND In late 2011, the U.S. Fish and Wildlife Service (USFWS) notified the City and the Palos Verdes Peninsula Land Conservancy (PVPLC) about the availability of grant monies forthe acquisition of open space on the Palos Verdes Peninsula. The USFWS noted their desire to use said funds to preserve additional habitat on the Palos Verdes Peninsula to augment the City's NCCP Preserve. Thus, working with the USFWS and the State Wildlife Conservation Board (WCB), City and PVPLC staff identified a number of privately owned open space properties in the City that contain protected habitat for possible acquisition. After following up with the owners of all the identified properties, two willing sellers emerged. Specifically, Dr. Roger Giani (Angeles, LLC) agreed to sell 41.63 acres to the City for $659,500, and Ya Yi May agreed to sell 16.25 acres to the City for $455,000. On October 1, 2013, the City Council approved the purchase agreements with the two willing sellers. On October 29, 2013, the City Council approved a revised purchase agreement with Dr. Giani. F-1 DISCUSSION As expected, on November 21, 2013, the California Wildlife Conservation Board (WCB) allocated two WCB grants and two USFWS Habitat Conservation Planning Acquisition sub- grants to the City of Rancho Palos Verdes to acquire the properties from the two sellers described above. More specifically, the acquisition of 41.63 acres from Angeles LLC for $659,500 is being funded by a $329,750 WCB grant and a $329,750 USFWS sub-grant. Likewise, the acquisition of 16.25 acres from Ya Yi May for $455,000 is being funded by a $227,500 WCB grant and a $227,500 USFWS sub-grant. Thus, there are four separate grant and sub-grant agreements attached to this Staff Report that need to be executed by the Mayor in order for WCB to disburse the funds to the City. Similar to other properties that have been acquired by the City with state and federal grant funds, the agreements require the City to agree that the acquired properties are to be used solely for the purpose of conserving open space and protecting habitat. Specifically, the agreements require that the properties be used solely for protecting California gnatcatcher habitat and potential habitat for other rare species identified in the City's NCCP, restoration and management, wildlife oriented education and research and for compatible public or private uses consistent with wildlife habitat conservation and protection. Both the WCB grant and the USFWS sub-grant contain an exhibit (Exhibit E in the WCB grant and Exhibit C in the USFWS sub-grant) that sets forth the City's commitment for management and funding management of the acquired properties. In summary, the City is committed to managing the properties (and funding said management) itself or enrolling the properties in the NCCP Preserve in which case management (and funding for said management) would become the responsibility of the PVPLC. It should be noted that the PVPLC has already notified the City of its offer to manage the acquired properties if they are enrolled in the NCCP Preserve. Staff intends to seek Council action on the PVPLC's management offer sometime after the City takes title to the properties, which is anticipated to occur by February 2014. Staff and the City Attorney have reviewed the attached grant and sub-grant agreements and believe there are ready for execution. Therefore, Staff is recommending that the City Council authorize the Mayor to execute the grant and sub-grant agreements. Attachments: WCB Grant and USFWS Sub-grant for Angeles LLC acquisition WCB Grant and USFWS Sub-grant for Ya Yi May acquisition F-2 CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT AGREEMENT FOR ACQUISITION OF FEE INTEREST Grantee: Name: Address: Attn: Phone: Fax: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Joel Rojas, Director of Planning, Building and Code Enforcement (310) 544-5223 (310) 544-5293 Federal Employers ID No.:/Taxpayer ID No.: 95-2867872 I Project Name: Project Location: WCB Grant Agreement Number: WCB Project ID: Grant Agreement Amount: Notices to be addressed to: For Grantee: Ocean Trails HCPLA 2009 (Angeles LLC) Within Malaga Canyon, City of Rancho Palos Verdes WC-1325BG 2013148 Not to exceed $329,750.00 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas, Director of Planning, Building and Code Enforcement For Grantor: With a copy to: Wildlife Conservation Board 1807 13th Street, Suite 103 Sacramento, CA 95811-7137 Attn: Executive Director Department of Fish and Wildlife 1416 Ninth Street, 1ih Floor Sacramento, CA 95814 Attn: Director - 1 - F-3 1. SCOPE OF AGREEMENT Pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the California Fish and Game Code and the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Proposition 84, Public Resources Code Section 75055(c)) the Wildlife Conservation Board ("Grantor") hereby grants to the City of Rancho Palos Verdes, ("Grantee"), a sum not to exceed Three Hundred Twenty-Nine Thousand Seven Hundred Fifty Dollars ($329,750.00) ("Grant Funds"), upon and subject to the terms and conditions of this Grant Agreement for Acquisition of Fee Interest ("Agreement"). 2. PURPOSES OF GRANT Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the purpose of the project (the "Project") described as: Grantee's acquisition of fee title to approximately 42± acres of land known as the Angeles LLC property, located in the City of Rancho Palos Verdes, California (the "Property"). The Property is more particularly described in Exhibit A attached to this Agreement. Grantee covenants and agrees that if Grantor deposits the Grant Funds into escrow and Grantee acquires the Property, the Property shall be held and used for the purposes of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, restoration and management, wildlife-oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources (individually and collectively, the "Purposes of Grant"). 3. CONDITIONS OF GRANT Grantor's obligation to disburse Grant Funds under this Agreement is conditioned upon and subject to the satisfaction of all of the following conditions precedent: 3.1. Grantor shall have reviewed and approved all documents pertaining to Grantee's acquisition of the Property, including, without limitation, appraisals, preliminary title reports and items referenced therein, options, agreements for purchase and sale, escrow instructions, and instruments of conveyance. Such review and approval by Grantor shall not be unreasonably withheld or delayed. Grantee shall have removed or caused to be removed, or otherwise addressed to the satisfaction of Grantor, any encumbrances or defects of title that Grantor determines are inconsistent, or could interfere, with the Purposes of Grant. Any outstanding security interests or monetary encumbrances affecting the Property shall have been terminated. 3.2. Grantee shall acquire the Property from a willing seller for a purchase price that does not exceed the fair market value of the Property, as established by an appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. The appraisal shall be prepared pursuant to the Uniform Standards of Professional Appraisal Practice (USPAP) and approved by the Department of - 2 - F-4 General Services. The appraisal shall become part of the project file maintained by Grantor and shall be retained for no less than three years from the date of value. 3.3. Grantor shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Grantee, authorizing the execution and performance of this Agreement and the acquisition of the Property by Grantee. Upon approval by Grantor, the authorizing resolution or other action shall be attached to this Agreement as Exhibit B. 3.4. Grantee shall have deposited, or caused to be deposited, into escrow all funds beyond those granted under this Agreement that are needed for Grantee to complete the Project. 3.5. Concurrently with this Agreement, WCB and Grantee have entered into Subgrant Agreement No. SG-1305BG, pursuant to which WCB agrees to subgrant to Grantee the entire federal share of funding to facilitate Grantee's acquisition of the Property. 3.6 Grantee shall have provided WCB with a written commitment by Grantee for management of the Property in perpetuity consistent with the Purposes of Grant and according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity and for funding such management. This commitment shall be attached to this Agreement as Exhibit E. 3.7 Grantee shall have provided WCB with written certification that the Acquisition is not intended, and shall not serve, to satisfy any local, State or federal regulatory requirement (e.g., mitigation for any local, State or federal permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA (the "Certification"). WCB understands that, following acquisition by Grantee, the Property will be preserved and managed in accordance with and will fulfill certain commitments under the NCCP/HCP, to the extent provided for in the Federal Grant Application and the Federal Grant Agreement. The Certification shall be attached to this Agreement as Exhibit F. 4. DISBURSEMENT PROCEDURE Except as provided in paragraph 17, upon satisfaction of all of the above Conditions of Grant, and subject to approval of the Project by the Wildlife Conservation Board at a duly noticed public meeting, Grantor shall disburse the Grant Funds directly into an escrow account established for the Project according to the following procedure: 4.1. Grantee shall request disbursement of the Grant Funds by sending a letter to the Grantor ("Disbursement Request"). The Disbursement Request shall be signed by an authorized representative of Grantee and shall contain all of the following: a. Name and address of Grantee; b. Project Name and Number of Grant Agreement; -3- F-5 c. Dollar amount and purpose of disbursement; d. Name, address and telephone number of the title company or escrow holder, name of the escrow officer, and the escrow account number to which the Grant Funds will be disbursed; and e. A certification by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement) needed to complete the Project have been secured and have been or will be deposited to escrow prior to or at the same time as the requested Grant Funds. 4.2. After receipt of the Disbursement Request, Granter will promptly and timely (estimated to be 45 working days from the date Granter receives the Disbursement Request) disburse an amount not to exceed Three Hundred Twenty-Nine Thousand Seven Hundred Fifty Dollars ($329,750.00) into the designated escrow account. 5. GRANTEE'S COVENANTS In consideration of Grantor's disbursement of the Grant Funds, Grantee hereby covenants and agrees as follows: 5.1. The Grant Funds shall be used as purchase money only, which excludes escrow and title fees and any other fees and costs incurred to accomplish the transaction and the conveyance and acquisition of the Property. 5.2. The Property shall be held and used only in a manner that is consistent with this Agreement, including the "Purposes of Grant" set forth in Section 2. 5.3. Grantee shall recognize the cooperative nature of the Project and shall provide credit to the Granter, the California Department of Fish and Wildlife ("CDFW") and any other contributor on signs, demonstrations, promotional materials, advertisements, publications or exhibits prepared or approved by Grantee referencing the Project. Subject to the mutual agreement of Granter and Grantee regarding text, design and location, Grantee shall post sign(s) on the Property to indicate the participation of Granter and CDFW in Grantee's purchase of the Property; provided however, that the sign(s) shall display Grantor's logo, as shown on Exhibit C. 5.4. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board ("WCB"), or its successor. Such approval shall not be unreasonably withheld as long as the Property shall continue to be held and used only in a manner consistent with this Agreement, including the Purposes of Grant set forth in Section 2, and each successor-in-interest assumes and agrees in writing to be bound by the terms, covenants and conditions of this Agreement. 5.5. The Property may not be used to satisfy any requirement or condition imposed by any permit, agreement, authorization or entitlement for use ("Mitigation"), including but not limited to any requirement to compensate for or -4- F-6 otherwise offset impacts of an activity, without the written approval of the State acting through the Executive Director of WCB or its successor. The State shall not approve any Mitigation on account of (i) the protection of the Property resulting from its acquisition or ownership by the Grantee, (ii) any Mitigation that is inconsistent with this Agreement, or (iii) any activity on the Property (including but not limited to restoration) to cure, correct or otherwise remedy any breach or default of this Agreement. If the State approves any Mitigation under this paragraph, such approval shall be for the purposes of this Agreement only. Actual Mitigation requirements and conditions will be established and enforced by the authorities imposing them. 5.6. The Property (including any portion of it or interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Director of WCB, or its successor. 5.7. Grantee shall record or cause to be recorded, concurrently with close of escrow for the purchase of the Property, a Notice of Unrecorded Grant Agreement (the "Notice"), incorporating by reference this Agreement and giving public notice that Grantee received funds under this Agreement in order to assist Grantee in acquiring the Property and that, in consideration for the receipt of the Grant Funds, Grantee has agreed to the terms of this Agreement. The Notice shall be in the form of Exhibit D. 5.8. Grantee shall provide to Grantor, promptly following the close of escrow, a conformed copy of the recorded deed(s) and Notice, with all recording information, as well as a copy of the final closing or settlement statement and the title insurance policy insuring Grantee as the owner of fee simple title to the Property. Grantee shall also provide copies of such other documents related to the closing of the above transaction as requested by Grantor. These documents shall become part of the project file maintained by Grantor. 5.9. At the request of Grantor, not less than once in any period of three calendar years, Grantee shall allow designated staff of Grantor to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. 5.10. Grantee agrees to ensure that the terms and conditions of this Grant Agreement shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Grantee agrees to notify Grantor prior to any such proposed establishment. 6. BREACH AND DEFAULT 6.1. In the event of a breach of any of the terms, covenants or conditions of this Agreement, Grantor shall give written notice to Grantee describing the breach. Notice shall be deemed given when personally delivered or deposited in the United States Mail, postage prepaid, or with a reliable over-night courier, addressed to Grantee at Grantee's address for notices set forth at the beginning of this Agreement. 6.2. If Grantee does not cure the breach within 90 days of the date a notice of - 5 - F-7 breach is given or, if the breach is not curable within said 90-day period, Grantee does not commence the cure within the 90-day period and diligently pursue it to completion, then Grantee shall be in default ("Default") under this Agreement. 6.3. Grantee shall also be in Default under this Agreement upon the discovery that information given to Granter by or on behalf of Grantee under or in connection with obtaining this Agreement was materially false or misleading. Notice of a Default under this Section 6.3 shall be given in accordance with Section 6.1. 7. REMEDIES In the event of a Default under this Agreement, in addition to any and all remedies available at law or in equity, Granter shall have the following remedies: 7.1. Granter may seek specific performance of this Agreement. Grantee agrees that payment by Grantee to Granter of an amount equal to the Grant Funds disbursed under this Agreement would be inadequate compensation to Granter for any .Default because the benefit to be derived by Granter from full compliance by Grantee with the terms of this Agreement is protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by Granter by way of Grant Funds under this Agreement. 7.2. Granter may require Grantee to convey a conservation easement over the Property in favor of Granter (or, at the election of Granter, another entity or organization authorized by California law to acquire and hold conservation easements and that is willing and financially able to assume all of the obligations of Grantee), and to pay a sum to Granter which, when combined with the fair market value of the conservation easement, equals the sum granted to Grantee pursuant to this Agreement, together with interest compounded semi-annually starting from the date of this Agreement to and including the date of payment, at a rate equivalent to that which is being earned at the time of Default on deposits in the State of California's Pooled Money Investment Account. The conservation easement shall be for the purposes of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources. The value of the conservation easement shall be determined by a fair market value appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and acceptable to Granter. The appraisal shall be prepared pursuant to USPAP and, if required by law, approved by the Department of General Services. - 6 - F-8 7.3. Despite the contrary provisions of Article 6 of this Agreement, if Granter determines that circumstances require immediate action to prevent or mitigate interference with the Purposes of Grant arising from a breach of this Agreement, then Granter may pursue its remedies without waiting for the period provided for cure to expire. 8. NONPROFIT ORGANIZATION GRANTEE If Grantee is a nonprofit organization and the existence of Grantee is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the State of California. However, prior to that termination, upon approval of Granter, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this Section 8 shall be recorded and shall set forth the executory interest or right of entry on the part of the State of California. 9. TERM 9.1. This Agreement shall be deemed executed and effective when signed by an authorized representative of each party and received in the respective offices of Grantee and Granter, together with the resolution described in Section 3.3 (the "Effective Date"). Grantee and Granter shall each sign two original Agreements. Grantee shall receive one completely executed original and Granter shall receive one completely executed original. 9.2. The term of this Agreement will commence on the date authorized by the Wildlife Conservation Board, as set forth in Section 16 and, unless previously terminated as provided in Section 9.3, will expire on November 21, 2014, if escrow has not closed by that date. 9.3. Prior to Grantee's close of escrow for acquisition of the Property, either party may terminate this Agreement for any reason or for no reason, by providing the other party with not less than 15 days written notice of such termination. If this Agreement is terminated after Grantor's deposit of the Grant Funds into escrow but before close of escrow for Grantee's acquisition of the Property, Grantee shall cause the escrow holder to immediately return all Grant Funds to Granter and Grantee shall bear all costs and expenses of such termination. 9.4. The provisions of this Agreement that are not fully performed as of the close of escrow, including but not limited to Section 2 (Purposes of Grant) and Section 5 (Grantee's Covenants), shall survive the close of escrow for Grantee's acquisition of the Property and remain in full force and effect. 10. LIABILITY; MODIFICATIONS; INTERPRETATION 10.1. Grantee shall indemnify, protect and hold harmless Granter, CDFW, the State of California, and their respective members, directors, officers, agents, and employees (each an "Indemnified Party"), from and against any and all claims, - 7 - F-9 demands, damages, liabilities, losses, costs (including attorneys' fees) and expenses (collectively, "Claims") arising out of, connected with, or incident to this Agreement or the acquisition, ownership, use, management, operation or maintenance of the Property, except that Grantee shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by the negligent or wrongful act of that Indemnified Party. 10.2. This Agreement may be modified only by written amendment signed by Grantor and Grantee. No prior or contemporaneous oral understanding or agreement not incorporated in this Agreement shall be binding on either of the parties. 10.3. All references herein to "Grantee" are intended to refer to Grantee or its designee, successor or assignee as may be approved by Granter. 10.4. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. 10.5. Grantee, its officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, director, officer, agent, employee or representative of Granter. 10.6. This Agreement is not assignable or transferable by Grantee, either in whole or in part, except in connection with a transfer of the Property approved by Grantor under Section 5.4 of this Agreement. 10. 7. Any costs incurred by Grantor, where Granter is the prevailing party, in enforcing the terms of this Agreement against Grantee, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of enforcing any judgment, shall be borne by Grantee. 10.8. Enforcement of the terms of this Agreement by Grantor shall be at the discretion of Granter, and any forbearance by Grantor to exercise its rights under this Agreement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Agreement or any of the rights of Granter under it. 10.9. Grantor will notify Grantee as promptly as possible following Grantor's receipt of any request for information related to the Project under the California Public Records Act (Government Code Section 6250 et seq.). 11. CONDEMNATION If all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act jointly to recover from the condemning authority the full value of the property so taken or purchased, and all direct or incidental damages resulting therefrom. Grantor shall be -8- F-10 entitled to the share of the Award (as defined below) which equals the ratio of the Grant Funds provided by Grantor to the purchase price Grantee paid to acquire the Property (e.g., if Grantor provided $50,000.00 of Grant Funds and the purchase price was $75,000.00, then Grantor would be entitled to two-thirds of the Award). For purposes of this Agreement, the "Award" shall mean all compensation awarded, paid or received on account of the Property so taken or purchased, and all direct or incidental damages resulting from the taking or purchase, less all out-of-pocket expenses reasonably incurred by Grantee in connection with the taking or purchase. 12. AUDIT Grantee shall maintain complete and accurate records of its actual Project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least four years after final disbursement by Grantor. During such time, Grantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by Grantor shall be borne by Grantee. The audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 13. UNION ORGANIZING By signing this Agreement, Grantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this Agreement and certifies that: 13.1. No state funds disbursed by this grant will be used to assist, promote or deter union organizing; 13.2. Grantee shall account for state funds disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure; 13.3. Grantee shall, where state funds are not designated as described in Section 13.2 above, allocate, on a pro-rata basis, all disbursements that support the grant program; and 13.4. If Grantee makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 14. NON-DISCRIMINATION During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, -9- F-11 demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this Agreement. Grantee shall give written notice of its obligations under this non- discrimination clause to labor organizations with which Grantee has a collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Project. 15. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set.forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A -Property Description Exhibit B -Certified Resolution or Other Action of Governing Body of Grantee Exhibit C -Grantor's Logo Exhibit D -Form of Notice of Unrecorded Grant Agreement Exhibit E -Management Commitment Exhibit F -Certificate of No Regulatory Requirement 16. AUTHORIZATION The signature of the Executive Director certifies that at the Wildlife Conservation Board meeting held on November 21, 2013, the Board authorized the award of an acquisition grant to Grantee as provided in this Agreement. 17. NON-AVAILABILITY OF FUNDS. Grantor shall not be obligated to disburse any Grant Funds under this Agreement unless and until the bond cash proceeds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer's Office to Grantor for expenditure for this grant. Despite any contrary provision of this Agreement, no request for disbursement submitted prior to the release of such bond cash proceeds to Grantor shall be effective. -10 - F-12 IN WITNESS WHEREOF, this Agreement is made and entered into this __ day of _____ , 2013, in the State of California, by and between the Wildlife Conservation Board and the City of Rancho Palos Verdes, each of which hereby agrees to the terms and conditions referenced on pages 1 through 11, along with Exhibits A through F, of this Agreement. STATE OF CALIFORNIA GRANTEE: WILDLIFE CONSERVATION BOARD CITY OF RANCHO PALOS VERDES John P. Donnelly Jerry Duhovic Title: Executive Director Title: Mayor -11 - F-13 Project Name: County: Los Angeles Project ID: FUNDING CERTIFICATION: I hereby certify that (a) the following funds will be encumbered on behalf of Granter; and (b) Grant Funds shall not be disbursed unless and until sufficient proceeds from the source identified below become available to Granter to disburse. Fiscal Officer Grantee: Date City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Joel Rojas Contact Telephone No. Contact Facsimile No. WCB Grant Agreement #: WC- Agreement Term: to WCB Grant Amount: Fund Source: Appropriation Item: Chapter ______ , Statutes of ____ _ Item ------ Expenditure Code: -12 - F-14 EXHIBIT A (Legal Description) F-15 EXHIBIT-A Revised Page I of 15 October 30, 2013 EXHIBIT-A DESCRIPTION OF THE LANDS TO BE ACQUIRED BY THE CITY OF RANCHO PALOS VERSDES FROM ANGELES, LLC That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California, more particularly described as follows: "NORTHERN PARCEL" DESCRIPTION APN 7546-022-022 Described below and shown on the following Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE/ IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 21169, AS SHOWN ON MAP RECORDED IN BOOK 574 PAGES 21 TO 26 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO THE MOST EASTERLY CORNER OF THE MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,550 FEET, AN ARC DISTANCE OF 332.89 FEET AND NORTH 51° 09' 56" WEST 70.00 FEET TO THE TRUE POINT OF BEGINNING; . THENCE NORTH 38° 50' 04" EAST 57.00 FEET; THENCE NORTH 62° 00' 00" EAST 180.00 FEET; THENCE NORTH 25° 30' 00" EAST 105.00 FEET; THENCE NORTH 55° 04' 07'' EAST 112.57 FEET, THENCE SOUTH-86° 18' 00" EAST 35.00 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF THE SAID TRACT NO. 21169; THENCE ALONG SAID WESTERLY LINE, NORTH 34° 04' 59" EAST 651.79 FEET; NORTH 9° 57' 02" WEST F-16 EXHIBIT-A Revised Page 2of15 October 30, 2013 548.29 FEET; THENCE NORTH 21° 46' 27" WEST 242.33 FEET AND NORTH 0° 01' 38" EAST 115.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 70 OF SAID TRACT NO. 21169; THENCE ALONG THE SOUTHERLY. •JD WESTERLY LINES OF THE LAND DESCRIBED IN THE DEED TO MILTON S. ROTH, RECORDED ON JULY 27, 1962 AS INSTRUMENT NO. 110 IN BOOK D-1699 PAGE 427 OFFICIAL RECORDS OF SAID COUNTY, AS FOLLOWS: NORTH 86° 11' 03" WEST 140.00 FEET AND NORTH 0° 02' 22" WEST 243.96 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ABRAM C. PATTERSON AND WIFE, RECORDED IN BOOK 20814 PAGE 319 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 01' 24" WEST 199.46 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM H. PAIN AND WIFE, RECORDED IN BOOK 25783 PAGE 181 OF SAID OFFICIAL . RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 10° 15' 02" EAST 275.24 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 38 OF SAID TRACT NO. 19683; THENCE ALONG SAID PROLONGATION NORTH 87° 03' 07'' WEST 228.57 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE ALONG THE BOUNDARY LINES OF THE SAID TRACT NO. 19583, SOUTH 5° 28' 10" EAST 539.42 FEET; SOUTH 1° 48' 40" WEST 575.87 FEET; SOUTH 28° 09' 36" WEST 158.82 FEET AND SOUTH 32° 19' 46" WEST 340.62 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID MONTEMALAGA DRIVE; THENCE SOUTHEASTERLY ALONG SAID MONTEMALAGA DRIVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of said Lot 65; thence northerly along the westerly line of\, Lot 66 of said Tract No. 21169 a distance of 17 .00 feet; thence westerly along a line perpendicular with the westerly line of said Lot 66 a distance of 50.00 feet; thence southerly along a line parallel with the westerly line of said Lots 65 and 66 a distance of 100.00 feet; thence easterly along a line perpendicular with the westerly line of said Lot 65 a distance of 50 feet to a point of intersection with the westerly line of Lot 64 of said Tract No. 21169; thence northerly along the westerly line of said Lots 64 and 65 to the Point of Beginning. SURVEYOR'S STATEMENT: This description was prepared October 30, 2013 at the request of the City of Rancho Palos Verdes and is compiled from information shown in Title Report No. NCS-480162-SAC4 issued by First American.Title dated April 11, 2012. '~~ ~ ~ ./t:------- Michael R. McGee, PLS3945 F-17 EXHIBIT-A Revised Page 3of15 Northern Parcel ,-----·-·i \ I i I \ I _ _j L--·-1 I l I \ m I \ ~ I \ "" I I I PROPOSED LOT LINE I I I _/1 :v PORTION OF LOT 24 \\ ' 1.6.CA MAP NO. 51 I I I i I ) I I I I I I I I ) I I I I I I I I I LOT AREAS: I / LOT 65 EXISTING = 7,590 S.F. /---' PARCEL A PROPOSED = 12,590 S.F. October 30, 2013 ;1 I PORTION LOT 24 EXISTING = 20.98 ACRES PORTION B PROPOSED = 20.86 ACRES "'o~-1 1 /~ '(// a, (le ~ F-18 EXHIBIT-A Revised Page 4of15 October 30, 2013 "SOUTHERN PARCEL" DESCRIPTION Described below and shown on the following Exhibit Map PARCEL 1: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THij COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 2T'·EAST 113.38 FEET; THENCE LEA VINO SAID EASTERLY LINE, SOUTH 71 ° 58' 05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COuNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS HA VINO A BEARING AND LENGTH OF NORTH 66° 29' 42" WEST 243.82 FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 71° 57' 57" EAST 547.58 FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 71° 58' 05" EAST 119.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; F-19 EXHIBIT-A Revised Page 5of15 October 30, 2013 THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93 FEET TO THE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO-LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL, VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA VINO A BEARING AND LENGTH OF SOUTH 16° 47' 41" EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 16° 47' 41" EAST TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 53° 07' 56" EAST TO THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74° 56' 19" WEST TO AN ANGLE POINT THEREIN AND NORTH 47° 01' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF LOT 11 OF SAID TRACT NO. 21354 SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS: NORTH 47° 01' 26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 11, 10 AND 9 OF SAID TRACT NO. 21354, TO THE TRUE POINT OF BEGINNING. PARCEL 4: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE l 7TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 63 OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG F-20 EXHIBIT-A Revised Page 6of15 October 30, 20 l3 THE BOUNDARY LINE OF SAID TRACT NO. 21353, SOUTH 67° 36' 15" EAST TO THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 21353; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED BOUNDARY LINE, TO THE POINT OF BEGINNING. PARCEL 5: (APN 7578-003-001) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT ET AL." CASE NO, 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICB OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA VINO A BEARING AND LENGTH OF NORTH 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 41' 07'' WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. PARCEL 6: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET ALI VS. BENT, ET AL," CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: F-21 EXHIBIT-A Revised Page 7 of15 October 30, 2013 BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF OF. ..::IAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 5° 55' 42" WEST 392.44 FEET TO THE ANGLE POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 459.00 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF SAID OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG SAID NORTHERLY TO THE POINT OF BEGINNING. PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-010) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HA VINO A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN SOUTHWESTERLY LINE, SOUTH 62° 59' 45" EAST 481.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27° 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 13° 59' 22" WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH 13° 59' 22" WEST 10.08 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21354, NORTH 76° 31' 05" EAST 14.04 FEET AND SOUTH 66° 29' 42" EAST 76.96 FEET TO THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 47' 49" EAST 15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29' 42" EAST 37.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE THEREIN CONCAVE WESTERLY AND F-22 EXHIBIT-A Revised Page 8of15 October 30, 2013 HAVING A RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BE~S NORTH 53° 18' 52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID LOT 9, AN ARC DISTANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 16° 47' 49" EAST 121.11 FEET AND SOUTH 53° 07'56" EAST 81.20 FEET TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LAST MENTIONED LOT, NORTH 73° 56' 19" EAST 54.24 FEET AND SOUTH 3° 42' 12" EAST 88.16 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 15° 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" WEST 353.28 FEET TO THE NORTHEASTERLY LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST MENTIONED LOT, SOUTH 67° 36' 15" EAST 32.42 FEET; THENCE SOUTH 16° 41' 31" EAST 113.12 FEET AND SOUTH 33° 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED BOUNDARY, SOUTH 22° 41' 15" EAST 285.96 FEET; THENCE LEAVING SAID LAST MENTIONED BOUNDARY, NORTH 89° 34' 23" EAST ALONG A LINE THAT WOULD PASS THROUGH THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS,RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINES OF LOTS 15, 16 AND 17 OF SAID TRACT NO. 21351, NORTH 9° 48' 07" EAST 79.54 FEET AND NORTH 16° 08' IS" EAST 75.95 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PROLONGATION OF LAST ·~ MENTIONED TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; NORTH 5° 55' 42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY; THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 82° 31' 00" EAST 248.95 FEET TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 12.96 FEET AND SOUTH 82° 27' 27" EAST 287.38 FEET TO THE SOUTHWEST CORNER OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47, NORTH 17° 03' 54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED TRACT, NORTH 37° 50' 19" WEST 179.78 FEET AND NORTH 29° 47' 28" EAST 110 FEET TO THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING. F-23 EXHIBIT-A Revised Page 9of15 October 30, 2013 EXCEPTING FROM ALL OF THE ABOVE "SOUTHERN PARCEL" THAT PORTION LYING NORTHWEST OF THE FOLLOWING DESCRIBED LINE. Commencing at a found spike and washer stamped "LS541 l" shown on LA County field book PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County Records. Thence North 66°39'06" East 45.00 feet to the northeast line of Grayslake Road being the southwest line of a parcel labeled "Future Street" on said Tract No. 21353. Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street" that bears South 47°01 '26" East 3.53 feet from the centerline of said Future Street as shown on said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47. Thence North 47°01 '26" West along the northeast line of said "Future Street" 10.12 feet to a Point from which"0. magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" set at the base of a chain link fence bears South 45°51' East 20.18 feet, said point is the Point of Beginning of the Boundary Line to be herein described. Thence North 55°42' 14" East 68.67 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 42°41 '37" East 152.64 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 25°04'26" East 72.44 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 44°20'51" East 49.97 feet Thence North 27°37'32" East 66.71 feet Thence North 26°29'22" West 45.30 feet Thence North 18°40'18" West 64.33 feet Thence North 47°25'39" East 6.60 feet to a set l" x 36" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence South 66°35'18" East 69.03 feet Thence South 37°28'3 l" East 32.55 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 06°22'39" East 51.07 feet F-24 EXHIBIT-A Revised Page 10of15 October 30, 2013 Thence North 15°31' 15" East 30.12 feet Thence North 04°02'30" East 68.64 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 68°51' 10" East 50.18 feet Thence North 85°34'42" East 44.49 feet to the point that the bears South 30°56'36" West 11.98 feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown in LA County field book PWFB-0317 Page 7 63, said lead and nail bears South 26°17'34" East 58.78 feet from a found spike and washer marking the intersection of the center of Grayslake Road and the centerline semi-tangent ofMontemalaga Drive as shown on Tract No. 19683 recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282. Thence North 30°56'36" East 4.46 feet to the south line ofMontemalaga Drive and the Terminus of this description, being a point on a curve with a radius 1120 feet and 40 feet south of the centerline ofMontemalaga Drive as shown on Tract No. 19683 recorded"ih Book 658 of Maps Page 9-12. SURVEYOR'S STATEMENT: This description was prepared by me on October 30, 2013 at the request of the City of Rancho Palos Verdes and is based on a field survey to be shown on a Record of Survey. Bearings are based on Book 648 Maps Page 48-50 Los Angeles County Records. The bearings shown on Book 658 Maps Page 9 would be rotated right 0°01 '00" to this basis. ~~~~~~ MichaelR coee, IJS3945 F-25 EXHIBIT-A Revised Page 11 of15 0 300' 600' October 30, 2013 EXHIBIT MAP of a Lot Line Adjustment for City of Rancho Palos Verdes APN 7578.-002·009, 7578..003 .. 001 Los Angeles County California Prepared 10/30/2013 by Michael McGee, PLS3945 McGee Surveying Consulting F-26 EXHIBIT-A Revised Page 12of15 October 30, 2013 "MOSSBANK DRIVE PARCEL" Description Described below and shown on the following Assessor's Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE l 7TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON DECEMBER 10, 1957 AS DOCUMENT NO. 1667, IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED NORTH 86° 58' 40" WEST 24.94 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 430 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 185.63 FEET, WESTERLY AND NORTHWESTERLY ALONG A REVERSE CURVE THEREIN CONCAVE NORTHERLY, HAVING A RADIUS OF 210 FEET THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 255.04 FEET; TANGENT TO SAID LAST MENTIONED CURVE NORTH 42° 07' 42" WEST 500.20 FEET; NORTHWESTERLY ALONG A TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 450 FEET THROUGH A CENTRAL ANGLE OF 37° 16' 48", AN ARC DISTANCE OF 292.80 FEET; THENCE TO SAID LAST MENTIONED CURVE NORTH 79° 24' 30" WEST 17.34 FEET AND SOUTH 19° 06' 50" EAST 69.66 FEET TO THE NORTHEASTERLY LINE OF TRACT NO. 24423, AS PER MAP RECORDED IN BOOK 643, PAGE(S) 10 TO 13 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 24423, AND ALONG THE BOUNDARY LINES OF TRACT NO. 2220, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SOUTHEASTERLY ALONG A NON-TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 390 FEET THROUGH A CENTRAL ANGLE OF 34° 48' 14", AN ARC LENGTH OF 236.90 FEET AND TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 07' 42" EAST 199.62 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 56217 PAGE 198 OF F-27 EXHIBIT-A Revised Page 13of15 October 30, 2013 SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, SOUTH 83° 09' 26" EAST 32.09 FEET; THENCE SOUTH 56° 01' 24" EAST 110.94 FEET; SOUTH 42° 56' 24" EAST 98.35 FEET; SOUTH 27° 44' 28" EAST 152.53 FEET; SOUTH 1° 00' 50" WEST 113.02 FEET; SOUTH 19° 25' 27" WEST 201.47 FEET; NORTH 30° 00' 00" EAST 311.18 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270 FEET, A RADIAL LINE OF SAID LAST MENTIONED CURVE BEARS SOUTH 11° 20' 45" WEST; EASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 28", AN ARC DISTANCE OF 155.78 FEET; EASTERLY ALONG A REVERSE CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 159.73 FEET; TANGENT TO SAID LAST MENTIONED CURVE SOUTH 86° 58' 40" EAST 79.64 FEET AND NORTH 39° 19' 50" WEST 81.19 FEET TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 29, 1955 AS DOCUMENT NO. 2487, IN BOOK 48207 PAGE 182 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS HA VINO A BEARING AND DISTANCE OF "SOUTH 83° 09' 26" EAST 125.90 FEET", WITH THAT PORTION OF THE NORTHEASTERLY LINE OF TRACT NO. 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 42° 07' 42" WEST 384.09 FEET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 22200, SOUTH 42° 07' 42" EAST 300.58 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCA VE NORTHEASTERLY, HA VINO A RADIUS OF 270 FEET, AN ARC DISTANCE OF 78.28 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, RECORDED IN BOOK 48207 PAGE 182 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED, NORTH 27° 44' 28" WEST 152.32 FEET; NORTH 42° 56' 24" WEST 98.35 FEET; NORTH 56° 01' 24" WEST 110.94 FEET; AND NORTH 83° 09' 26" WEST 32.09 FEET TO THE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, F-28 EXHIBIT-A Revised Page 14of15 October 30, 2013 ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPl JOR COURT OF SAID COUNTY, AND THAT PORTION OF TRACT NO. 21351, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGE(S) 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 39° 19' 50" EAST 1,044.82 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 138 OF TRACT 21350, AS SHOWN ON MAP RECORDED IN BOOK 599 PAGES 90 TO 95 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT, NORTH 50° 26' 52" EAST·l5.75 FEET AND NORTH 33° 05' 48" WEST 390.13 FEET TO THE MOST WESTERLY CORNER OF LOT 130 OF SAID TRACT NO. 21350, BEING ALSO THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 249.38 FEET TO A POINT IN THE CURVED SOUTHERLY LINE OF MOSSBANK DRIVE, AS SHOWN ON SAID TRACT NO. 21351, BEING A CURVE CONCAVE TO THE NORTH AND HA YING A RADIUS OF 185.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 19° 08' 27" EAST WESTERLY ALONG SAID CURVE 26.10 FEET AND NORTH 31° 37' 40" WEST 66.43 FEET TO A POINT IN THE CURVED NORTHERLY LINE OF SAID MOSSBANK DRIVE SAID NORTHERLY LINE BEING A CURVE CONCA VE TO THE NORTH AND HA YING A RADIUS OF 125.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 0° 17' 44" EAST; THENCE EASTERLY ALONG SAID CURVE 16.92 FEET TO THE MOST SOUTHERLY OF LOT 5 OF SAID TRACT NO. 21351; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 5 TO 11 INCLUSIVE OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 4° 33' 01" WEST 50.23 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51464 PAGE 380 OF SAID OFFICIAL RECORDS; THENCE SOUTH 5° 55' 42" WEST ALONG SAID LAST MENTIONED WESTERLY LINE 259.95 FEET TO THE POINT OF BEGINNING. SURVEYOR'S STATEMENT: This description was prepared October 30, 2013 at the request of the City of Rancho Palos Verdes and is compiled from information shown in Title Report No. NCS-480162-SAC4 issued by First Ame · Title dated April 11, 2012. ~~e'!Pfs~ F-29 EXHIBIT-A Revised CDOE 70H Page 15of15 October 30, 2013 COUNTY ASSF.SSOR PLAT MAP 75713·0'3 LAC.A. MA.0 NO. ~I A.M f•I .'IS!el!ICR'! rfl\" <:O..l'\lY {lF ll"JI "JllGE,1'.E!!, ~IP. !35 F-30 RESOLUTION NO. 2013-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO ACCEPT A GRANT FROM THE STATE OF CALIFORNIA AND A SUB-GRANT FROM THE UNITED STATES FISH AND WILDLIFE SERVICE AND AUTHORIZING THE ACQUISITION OF ALL OR A PORTION OF ASSESSOR'S PARCEL NUMBER(S) APN: 7546-022- 022, PORTIONS OF APN: 7578-002-009, APN: 7578-003-001, APN: 7578-002-010, AND PORTIONS OF APN: 7578-003-006, TOTALING APPROXIMATELY 41.63 ACRES, IN THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY, CALIFORNIA. WHEREAS, Malaga Canyon consists of undeveloped open space in the northern part of the City of Rancho Palos Verdes ("City") within the Grandview neighborhood. The Canyon runs primarily in a North-South direction crossing under Montemalaga Drive and flowing into the City of Palos Verdes Estates; and WHEREAS, In August 2004, the City Council adopted the Rancho Palos Verdes Natural Communities Conservation Plan ("NCCP"), which proposed the establishment of a habitat preserve by the City in exchange for allowing 50 years' worth of City projects (and certain private projects) that will impact protected habitat in the City on an as needed basis. Since that time, through the dedication of unimproved properties owned by the City and the Palos Verdes Peninsula Land Conservancy, along with major open space land acquisitions in 2005 and 2009, the creation of a 1400-acre NCCP Preserve was completed; and WHEREAS, coastal sage scrub habitat, which provides habitat for threatened species that reside on the Palos Verdes Peninsula is located within Malaga Canyon; and · WHEREAS, Angeles, LLC, the owner of the property that is described in Exhibit "A" hereto, is willing to sell said property to the City so that additional habitat and open space can be provided; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS: 1. The acquisition of the parcels that are described and depicted in Exhibit "A" hereto ("Identified Property) for the preservation of habitat and open space is exempt from the provisions of the California Environmental Quality Act; 2. The Identified Property possesses high ecological and habitat value and will provide habitat for threatened or endangered species that inhabit the Palos Verdes Peninsula; F-31 3. The use of the grant funds referenced herein for acquisition of the Identified Property is an appropriate expenditure; 4. The staff reports and recommendations therein that have been prepared regarding this item are hereby adopted and incorporated herein by this reference; 5. The Mayor of the City is hereby authorized to execute the California Wildlife Conservation Board Grant Agreements for Acquisition of Fee Interest and the City Manager is hereby authorized to accept the grant funds from the listed agencies for the purpose of acquisition of the Identified Property; 6. The City Manager is hereby authorized to accept fee title to the identified property on behalf of the City; and 7. The City Manager is hereby authorized to do any and all acts necessary to carry out this resolution and any recommendations made by the City Council. ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013-69 was duly and regularly passed and adopted by the said City Council at a regular meeting held on November 6, 2013. City Clerk Resolution No. 2013-69 Page 2 of2 F-32 EXHIBIT-A Resolution No. 2013-69 DESCRIPTION OF THE LANDS TO BE ACQUIRED BY THE CITY OF RANCHO PALOS VERSDES FROM ANGELES, LLC That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California, more particularly described as follows: "NORTHERN PARCEL" DESCRIPTION APN 7546-022-022 Described below and shown on the following Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE/ IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 21169, AS SHOWN ON MAP RECORDED IN BOOK 574 PAGES 21TO26 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO THE MOST EASTERLY CORNER OF THE MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, BEING A CURVE CONCAVE NORTHEASTERLY, HA YING A RADIUS OF 1,550 FEET, AN ARC DISTANCE OF 332.89 FEET AND NORTH 51° 09' 56" WEST 70.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38° 50' 04" EAST 57.00 FEET; THENCE NORTH 62° 00' 00" EAST 180.00 FEET; THENCE NORTH 25° 30' 00" EAST 105.00 FEET; THENCE NORTH 55° 04' 07" EAST 112.57 FEET, THENCE SOUTH 86° 18' 00" EAST 35.00 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF THE SAID TRACT NO. 21169; THENCE ALONG SAID WESTERLY LINE, NORTH 34° 04' 59" EAST 651.79 FEET; NORTH 9° 57' 02" WEST F-33 548.29 FEET; THENCE NORTH 21° 46' 27" WEST 242.33 FEET AND NORTH 0° 01' 38" EAST 115.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 70 OF SAID TRACT NO. 21169; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF THE LAND DESCRIBED IN THE DEED TO MILTON S. ROTH, RECORDED ON JULY 27, 1962 AS INSTRUMENT NO. 110 IN BOOK D-1699 PAGE 427 OFFICIAL RECORDS OF SAID COUNTY, AS FOLLOWS: NORTH 86° 11' 03" WEST 140.00 FEET AND NORTH 0° 02' 22" WEST 243.96 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ABRAM C. PATTERSON AND WIFE, RECORDED IN BOOK 20814 PAGE 319 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 01' 24" WEST 199.46 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM H. PAIN AND WIFE, RECORDED IN BOOK 25783 PAGE 181 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 10° 15' 02" EAST 275.24 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 38 OF SAID TRACT NO. 19683; THENCE ALONG SAID PROLONGATION NORTH 87° 03' 07'' WEST 228.57 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE ALONG THE BOUNDARY LINES OF THE SAID TRACT NO. 19583, SOUTH 5° 28' 1 O" EAST 539.42 FEET; SOUTH 1° 48' 40" WEST 575.87 FEET; SOUTH 28° 09' 36" WEST 158.82 FEET AND SOUTH 32° 19' 46" WEST 340.62 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID MONTEMALAGA DRIVE; THENCE SOUTHEASTERLY ALONG SAID MONTEMALAGA DRIVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS Beginning at the northwesterly corner of said Lot 65; thence northerly along the westerly line of Lot 66 of said Tract No. 21169 a distance of 17.00 feet; thence westerly along a line perpendicular with the westerly line of said Lot 66 a distance of 50.00 feet; thence southerly along a line parallel with the westerly line of said Lots 65 and 66 a distance of 100.00 feet; thence easterly along a line perpendicular with the westerly line of said Lot 65 a distance of 50 feet to a point of intersection with the westerly line of Lot 64 of said Tract No. 21169; thence northerly along the westerly line of said Lots 64 and 65 to the Point of Beginning. Resolution No. 2013-69 Exhibit A Page 2of15 F-34 I / I I r··~·· i \ \ I .. J \ I Northern Parcel i [__ ___ .. l I l g \ s \ I PROPOSED LOT LINE I \ V PORTION CW LOT 24 _/ \ LAC>. 1.tAP NO. 51 I I I I I I ) I I I / i ) LOT 65 EXISTING = 7,590 S.F. PARCEL A PROPOSED = 12,590 S.F. PORTION LOT 24 EXISTING = 20.98 ACRES PORTION 8 PROPOSED = 20.86 ACRES "SOUTHERN PARCEL" DESCRIPTION Resolution No. 2013-69 Exhibit A Page 3of15 F-35 Described below and shown on the following Exhibit Map PARCEL 1: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 22" EAST 113.38 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 71 ° 58' 05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS HAVING A BEARING AND LENGTH OF NORTH 66° 29' 42" WEST 243.82 FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 71° 57' 57'' EAST 547.58 FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 71° 58' 05" EAST 119.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93 FEET TO THE POINT OF BEGINNING. Resolution No. 2013-69 Exhibit A Page 4of15 F-36 PARCEL 3: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL, VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA VINO A BEARING AND LENGTH OF SOUTH 16° 47' 41" EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 16° 47' 41" EAST TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 53° 07' 56" EAST TO THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74° 56' 19" WEST TO AN ANGLE POINT THEREIN AND NORTH 47° 01' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF LOT 11 OF SAID TRACT NO. 21354 SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS: NORTH 47° 01' 26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 11, 10 AND 9 OF SAID TRACT NO. 21354, TO THE TRUE POINT OF BEGINNING. PARCEL 4: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 63 OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT NO. 21353, SOUTH 67° 36' 15" EAST TO THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 21353; Resolution No. 2013-69 Exhibit A Page 5of15 F-37 THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED BOUNDARY LINE, TO THE POINT OF BEGINNING. PARCEL 5: (APN 7578-003-001) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT ET AL." CASE NO, 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA VINO A BEARING AND LENGTH OF NORTH 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 41' 07" WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. PARCEL 6: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET ALI VS. BENT, ET AL," CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF WDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 5° 55' 42" WEST 392.44 FEET TO THE ANGLE POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 459.00 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF SAID Resolution No. 2013-69 Exhibit A Page 6of15 F-38 OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG SAID NORTHERLY TO THE POINT OF BEGINNING. PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-010) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HAVING A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN SOUTHWESTERLY LINE, SOUTH 62° 59' 45" EAST 481.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27° 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 13° 59' 22" WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH 13° 59' 22" WEST 10.08 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21354, NORTH 76° 31' 05" EAST 14.04 FEET AND SOUTH 66° 29' 42" EAST 76.96 FEET TO THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 471 49" EAST 15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29' 42" EAST 37.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE THEREIN CONCAVE WESTERLY AND HAVING A RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 53° l 81 52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID LOT 9, AN ARC DISTANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 16° 47' 49" EAST 121.11 FEET AND SOUTH 53° 07'56" EAST 81.20 FEET TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LAST MENTIONED LOT, NORTH 73° 56' 19 11 EAST 54.24 FEET AND SOUTH 3° 42' 12" EAST 88.16 FEET TO THE BOUNDARY Resolution No. 2013-69 Exhibit A Page 7of15 F-39 OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 15° 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" WEST 353.28 FEET TO THE NORTHEASTERLY LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST MENTIONED LOT, SOUTH 67° 36' 15" EAST 32.42 FEET; THENCE SOUTH 16° 41' 31" EAST 113.12 FEET AND SOUTH 33° 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED BOUNDARY, SOUTH 22° 41' 15" EAST 285.96 FEET; THENCE LEAVING SAID LAST MENTIONED BOUNDARY, NORTH 89° 34' 23" EAST ALONG A LINE THAT WOULD PASS THROUGH THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS,RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINES OF LOTS 15, 16 AND 17 OF SAID TRACT NO. 21351, NORTH 9° 48' 07'' EAST 79.54 FEET AND NORTH 16° 08' IS" EAST 75.95 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PRO LON GA TION OF LAST MENTIONED TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; NORTH 5° 55' 42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY; THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 82° 31' 00" EAST 248.95 FEET TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 12.96 FEET AND SOUTH 82° 27' 27" EAST 287.38 FEET TO THE SOUTHWEST CORNER OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47, NORTH 17° 03' 54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED TRACT, NORTH 37° 50' 19" WEST 179.78 FEET AND NORTH 29° 47' 28" EAST 110 FEET TO THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM ALL OF THE ABOVE "SOUTHERN PARCEL" THAT PORTION LYING NORTHWEST OF THE FOLLOWING DESCRIBED LINE. Commencing at a found spike and washer stamped "LS541 l" shown on LA County field book PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County Records. Thence North 66°39'06" East 45.00 feet to the northeast line of Grayslake Road being the southwest line of a parcel labeled "Future Street" on said Tract No. 21353. Resolution No. 2013-69 Exhibit A Page 8of15 F-40 Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street" that bears South 47°01 '26" East 3.53 feet from the centerline of said Future Street as shown on said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47. Thence North 47°01 '26" West along the northeast line of said "Future Street" 10.12 feet to a Point from which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" set at the base of a chain link fence bears South 45°51' East 20.18 feet, said point is the Point of Beginning of the Boundary Line to be herein described. Thence North 55°42' 14" East 68.67 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 42°41 '37" East 152.64 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence }'forth 25°04'26" East 72.44 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 44°20'51" East 49.97 feet Thence North 27°37'32" East 66.71 feet Thence North 26°29'22" West 45.30 feet Thence North 18°40'18" West 64.33 feet Thence North 47°25'39" East 6.60 feet to a set 1" x 36" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence South 66°35'18" East 69.03 feet Thence South 37°28'3 l" East 32.55 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 06°22'39" East 51.07 feet Thence North 15°31 '15" East 30.12 feet Thence North 04°02'30" East 68.64 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 68°51' 10" East 50.18 feet Thence North 85°34'42" East 44.49 feet to the point that the bears South 30°56'36" West 11.98 feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26°17'34" East 58.78 feet from a found spike and washer marking the intersection of the center of Grayslake Resolution No. 2013-69 Exhibit A Page 9of15 F-41 Road and the centerline semi-tangent of Montemalaga Drive as shown on Tract No. 19683 recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282. Thence North 30°56'36" East 4.46 feet to the south line ofMontemalaga Drive and the Terminus of this description, being a point on a curve with a radius 1120 feet and 40 feet south of the centerline ofMontemalaga Drive as shown on Tract No. 19683 recorded in Book 658 of Maps Page 9-12. Resolution No. 2013-69 Exhibit A Page 10of15 F-42 0 300' 600' EXHIBIT MAP ofa Lot Line Adjustment for City of Rancho Palos Verdes APN 7578-002•009, 7578-003-001 Los Angeles County catifomia Prepared 10/30/2013 by Michael McGee, PLS3945 McGee Surveying Consulting Resolution No. 2013-69 Exhibit A Page 11of15 F-43 "MOSSBANK DRIVE PARCEL" Description Described below and shown on the following Assessor's Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STA TE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON DECEMBER 10, 1957 AS DOCUMENT NO. 1667, IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE.ALONG THE NORTHERLY AND NORTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED NORTH 86° 58' 40" WEST 24.94 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY, HA VINO A RADIUS OF 430 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 185.63 FEET, WESTERLY AND NORTHWESTERLY ALONG A REVERSE CURVE THEREIN CONCAVE NORTHERLY, HA VINO A RADIUS OF 210 FEET THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 255.04 FEET; TANGENT TO SAID LAST MENTIONED CURVE NORTH 42° 07' 42" WEST 500.20 FEET; NORTHWESTERLY ALONG AT AN GENT CURVE THEREIN CONCA VE SOUTHWESTERLY, HAVING A RADIUS OF 450 FEET THROUGH A CENTRAL ANGLE OF 37° 16' 48", AN ARC DISTANCE OF 292.80 FEET; THENCE TO SAID LAST MENTIONED CURVE NORTH 79° 24' 30" WEST 17.34 FEET AND SOUTH 19° 06' 50" EAST 69.66 FEET TO THE NORTHEASTERLY LINE OF TRACT NO. 24423, AS PER MAP RECORDED IN BOOK 643, PAGE(S) 10 TO 13 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 24423, AND ALONG THE BOUNDARY LINES OF TRACT NO. 2220, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SOUTHEASTERLY ALONG A NON-TANGENT CURVE THEREIN CONCA VE SOUTHWESTERLY, HAVING A RADIUS OF 390 FEET THROUGH A CENTRAL ANGLE OF 34° 48' 14", AN ARC LENGTH OF 236.90 FEET AND TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 07' 42" EAST 199.62 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, SOUTH 83° 09' 26" EAST 32.09 FEET; THENCE SOUTH 56° 01' 24" EAST 110.94 FEET; SOUTH 42° 56' 24" EAST 98.35 FEET; Resolution No. 2013-69 Exhibit A Page 12of15 F-44 SOUTH 27° 44' 28" EAST 152.53 FEET; SOUTH 1° 00' 50" WEST 113.02 FEET; SOUTH 19° 25' 27" WEST 201.4 7 FEET; NORTH 30° 00' 00" EAST 311.18 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCA VE NORTHERLY AND HAVING A RADIUS OF 270 FEET, A RADIAL LINE OF SAID LAST MENTIONED CURVE BEARS SOUTH 11° 20' 45" WEST; EASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 28", AN ARC DISTANCE OF 155.78 FEET; EASTERLY ALONG A REVERSE CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 159.73 FEET; TANGENT TO SAID LAST MENTIONED CURVE SOUTH 86° 58' 40" EAST 79.64 FEET AND NORTH 39° 19' 50" WEST 81.19 FEET TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 29, 1955 AS DOCUMENT NO. 2487, IN BOOK 48207 PAGE 182 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS HAVING A BEARING AND DISTANCE OF "SOUTH 83° 09' 26" EAST 125.90 FEET", WITH THAT PORTION OF THE NORTHEASTERLY LINE OF TRACT NO. 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 42° 07' 42" WEST 384.09 FEET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 22200, SOUTH 42° 07' 42" EAST 300.58 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCA VE NORTHEASTERLY, HAVING A RADIUS OF 270 FEET, AN ARC DISTANCE OF 78.28 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, RECORDED IN BOOK 48207 PAGE 182 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED, NORTH 27° 44' 28" WEST 152.32 FEET; NORTH 42° 56' 24" WEST 98.35 FEET; NORTH 56° 01' 24" WEST 110.94 FEET; AND NORTH 83° 09' 26" WEST 32.09 FEET TO THE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, AND THAT PORTION OF TRACT NO. 21351, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGE(S) 32 TO 38 INCLUSIVE OF MAPS, IN THE Resolution No. 2013-69 Exhibit A Page 13of15 F-45 OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 39° 19' 50" EAST 1,044.82 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 138 OF TRACT 21350, AS SHOWN ON MAP RECORDED IN BOOK 599 PAGES 90 TO 95 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT, NORTH 50° 26' 52" EAST 15.75 FEET AND NORTH 33° 05' 48" WEST 390.13 FEET TO THE MOST WESTERLY CORNER OF LOT 130 OF SAID TRACT NO. 21350, BEING ALSO THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 249.38 FEET TO A POINT IN THE CURVED SOUTHERLY LINE OF MOSSBANK DRIVE, AS SHOWN ON SAID TRACT NO. 21351, BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 185.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 19° 08' 27" EAST WESTERLY ALONG SAID CURVE 26.10 FEET AND NORTH 31° 37' 40" WEST 66.43 FEET TO A POINT IN THE CURVED NORTHERLY LINE OF SAID MOSSBANK DRIVE SAID NORTHERLY LINE BEING A CURVE CONCA VE TO THE NORTH AND HAVING A RADIUS OF 125.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 0° 17' 44" EAST; THENCE EASTERLY ALONG SAID CURVE 16.92 FEET TO THE MOST SOUTHERLY OF LOT 5 OF SAID TRACT NO. 21351; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 5 TO 11 INCLUSIVE OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 4° 33' 01" WEST 50.23 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51464 PAGE 380 OF SAID OFFICIAL RECORDS; THENCE SOUTH 5° 55' 42" WEST ALONG SAID LAST MENTIONED WESTERLY LINE 259.95 FEET TO THEPOINT OF BEGINNING. Resolution No. 2013-69 Exhibit A Page 14of15 F-46 COUNTY AS8J•~SSOR PLAT MAP 7578·03 i I LA.C.A. t.IAf> l\'Q. !.I ..._M 1~1 .,,,,.t" I It;\ ,/\.:.I ./' ;35 Resolution No. 2013-69 Exhibit A Page 15of15 F-47 EXHIBIT B (Resolution) F-48 EXHIBITC (WCB Logo) State of California Wildlife Conservation Board F-49 EXHIBIT D (Notice of Unrecorded Grant Agreement) RECORDING REQUESTED BY: ) City of Rancho Palos Verdes ) 30940 Hawthorne Boulevard ) Rancho Palos Verdes, CA 90275 ) WHEN RECORDED, RETURN TO: ) ) ) State of California ) Wildlife Co'nservation Board ) Attn: Executive Director ) 1807 13th Street, Suite 103 ) Sacramento, CA 95811-7137 ) Project Name: Ocean Trails HCPLA (2009) Angeles LLC Space above line for Recorder's use County: Los Angeles APNs: 7546-022-022; 7578-002-009 (portion)/01 O; 7578-003-001 and 006 (portion) NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement ("Notice"), dated as of ________ , 2013, is made by the City of Rancho Palos Verdes ("Grantee") and recorded concurrently with the Deed described below, to provide notice of an agreement between Grantee and the Wildlife Conservation Board ("Grantor" or "WCB"), a subdivision of the State of California, affecting the real property described below. 1. WCB and Grantee have entered into the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest, Grant Agreement No. WC-1325BG ("Grant" or "Agreement"), pursuant to which WCB grants to Grantee certain funds for Grantee's acquisition of fee title to approximately 42± acres of real property located in the City of Rancho Palos Verdes, County of Los Angeles, California (the "Property"), by Grant Deed (the "Deed") from Angeles LLC. The Property is legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant. 2. Grantee agrees under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in acquiring the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grant. The Grant is incorporated by reference into this Notice. F-50 3. Grantee covenants and agrees in Section 5 of the Agreement as follows: 3.1. The Property shall be held and used only in a manner that is consistent with the Agreement, including the following "Purposes of Grant" set forth in Section 2 of the Agreement: The Property shall be held and used for the purposes protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, wildlife habitat preservation, restoration and management, wildlife- oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources (individually and collectively, the "Purposes of Grant"). 3.2. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board ("WCB") or its successor. 3.3. The Property may not be used to satisfy any requirement or condition imposed by any permit, agreement, authorization or entitlement for use ("Mitigation"), including but not limited to any requirement to compensate for or otherwise offset impacts of an activity, without the written approval of the State acting through the Executive Director of WCB or its successor. 3.4. The Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Director of WCB or its successor. 3.5. At the request of Granter, not less than once in any period of three calendar years, Grantee shall allow designated staff of Granter to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. 3.6. Grantee agrees to ensure that the terms and conditions of this Agreement shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Grantee agrees to notify WCB prior to any such proposed establishment. 4. Pursuant to Section 7 of the Agreement, in the event of a Default under the Agreement, in addition to any and all remedies available at law or in equity, Granter may seek specific performance of the Grant and may require Grantee to convey a conservation easement over the Property in favor of Granter (or, at the election of Granter, another entity or organization authorized by California law to acquire and hold conservation easements and that is willing and financially able to assume all of the obligations and responsibilities of Grantee), and to pay a sum to Granter which, when combined with the fair market value of the conservation easement, equals the sum granted to Grantee pursuant to the Agreement, together with interest thereon as provided in the Agreement. F-51 5. Pursuant to Section 8 of the Agreement, if Grantee is a nonprofit organization and the existence of Grantee is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the State of California. However, prior to that termination, upon approval of Grantor, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest and right of entry on the part of the State of California. 6. Pursuant to Section 9 of the Agreement, the Grant shall remain in full force and effect from and after the close of escrow for the acquisition of the Property. 7. Pursuant to Section 10 of the Agreement, the Grant shall be binding upon Grantee a!")d all designees, successors and assigns of Grantee. 8. Pursuant to Section 11 of the Agreement, if all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. Grantor shall be entitled to the share of the Award which equals the ratio of the Grant Funds provided by Grantor to the purchase price Grantee paid to acquire the Property. 9. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Grantee and WCB each has rights, duties and obligations under the Agreement which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. 10. For additional terms and conditions of the Agreement, reference should be made to the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest by and between WCB and Grantee that commenced , 2013, and is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento, California 95811-7137; mailing address: Wildlife Conservation Board, c/o Department of Fish and Wildlife, P. 0. Box 944209, Sacramento, CA 94244-2090. GRANTEE: City of Rancho Palos Verdes By: _____________ _ Print Name: ---------- Title: ------------~ [Notary Acknowledgment] F-52 EXHIBIT E Commitment for Management and Funding The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit E forms a part. Grantee hereby commits to the Wildlife Conservation Board (WCB) as follows: The City of Rancho Palos Verdes is the agency responsible for ensuring the preservation and management of lands acquired pursuant to the Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Permanent Habitat Protection Measures ("Prepare and Implement Preserve Management Plans for Natural Habitat Lands") identified in the NCCP/HCP commit the Grantee to ensuring permanent protection of conserved lands dedicated to the NCCP/HCP Preserve through recorded conservation easements. Section 5.9.1 of the NCCP/HCP provides the Grantee with the ability to cooperate with other entities to acquire and manage lands pursuant to the NCCP/HCP. Grantee is a party to an agreement for preparing the NCCP/HCP and is anticipated to be a primary owner and manager of lands acquired pursuant to the NCCP/HCP. If the Property is enrolled in the NCCP/HCP, Grantee will be the owner and the Palos Verdes Peninsula Land Conservancy (PVPLC) will be the manager of the Property (as defined in the Agreement). Grantee owns and the PVPLC manages approximately 1,400 acres of land in the City of Rancho Palos Verdes, much of which is similar in character and management need to the lands to be acquired pursuant to the Agreement. Grantee hereby commits to manage and fund the management of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, in perpetuity or to dedicate the Property to the NCCP/HCP in which case the PVPLC will manage and fund the management of the Property according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity, consistent with the following Purposes of grant: "''protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" Specific management actions for the Property are not known at this time. Grantee is in the process of developing a Preserve Management Plan for the Property. Management actions could include enrolling the property into the NCCP/HCP, in which case management of the Property would be carried out by the Palos Verdes Peninsula Land F-53 Conservancy (PVPLC) in accordance with the management responsibilities required by the NCCP/HCP. Anticipated costs of land management activities under the NCCP/HCP are set forth in Table A which is provided in Appendix G. In furtherance of the commitment set forth above, and in order to manage the property consistent with the Purposes of this grant, if the Property is enrolled in the NCCP/HCP, Grantee or the PVPLC will fund management in perpetuity consistent with the funding plan established in Section 4.3 of the NCCP/HCP. Grantee makes this Commitment with the understanding that if WCB enters into the Agreement and funds (as defined in the Agreement) to Grantee, WCB will do so in reliance on this Commitment. Grantee makes this Commitment with the understanding that if WCB enters into the Agreement and grants funds (as defined in the Agreement), WCB will do so in reliance on this Commitment. Dated: , 2013 ------ GRANTEE City of Rancho Palos Verdes By: ____________ ~ Print Name: ----- Title: -------- F-54 EXHIBIT F Certificate of No Regulatory Requirement The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit F forms a part. Grantee hereby certifies to the Wildlife Conservation Board (WCB) as follows: Grantee's acquisition of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, is not intended, and shall not serve, to satisfy any local, state or federal regulatory requirement (e.g., mitigation for any local, state or federal authorization or permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA, provided that Property acquired with any Grant Funds will be preserved and managed in accordance with, and will fulfill certain commitments of, the Rancho Palos Verdes NCCP/HCP, to the extent consistent with the Agreement. Grantee makes this Certificate with the understanding that if WCB enters into the Agreement and grants funds (as defined in the Agreement) to Grantee, WCB will do so in reliance on this Certificate. Dated: ______ , 2013 GRANTEE City of Rancho Palos Verdes Print Name: Jerry Duhovic Title: Mayor F-55 CALIFORNIA WILDLIFE CONSERVATION BOARD SUBGRANT AGREEMENT FOR ACQUISITION OF FEE INTEREST Cooperative Endangered Species Conservation Fund (Section 6 of the Federal Endangered Species Act) Grant Program Subgrantee: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas, Director of Planning, Building and Code Enforcement Phone: (310) 544-5223 Fax: 31 0-544-5293 E-mail: JoelR@rpv.com Federal Employer ID No./Taxpayer ID No.: 95-2867872 Project Name: Ocean Trails HCPLA 2009 (Angeles LLC) Project Location: Within Malaga Canyon, City of Rancho Palos Verdes Section 6 Grant Agreement Number: F09AP00380 (E-30-HL-4) WCB Subgrant Agreement Number: SG-1305BG WCB Project ID: 2013148 WCB Subgrant Agreement Amount: Not to exceed $329,750.00 Notices to be delivered to: For Subgrantee: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas For WCB: Wildlife Conservation Board 1807-13th Street, Suite 103 Sacramento, CA 95811-7137 Attn: Executive Director With a copy to: Department of Fish and Wildlife Habitat Conservation Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Attn: Grant Coordinator F-56 1. BACKGROUND 1.1. The U.S. Department of the Interior, Fish and Wildlife Service ("USFWS") and the California Department of Fish and Wildlife ("CDFW") have entered into a Cooperative Agreement for the benefit of endangered, threatened and rare fish, wildlife and plants which are resident in the State of California. 1.2. USFWS has approved the Application for Federal Assistance submitted by CDFW, F09AP00380 [E-30-HL-4] (the "Federal Grant Application"), for Cooperative Endangered Species Conservation Fund (Section 6 of the Federal Endangered Species Act) Grant Program funding ("Federal Grant Funds") to facilitate the acquisition of real property identified in the Federal Grant Application. The Notice of Federal Assistance Approval for F09AP00380 [E-30-HL-4] (the "Federal Approval Notice") which USFWS issued to CDFW specifies terms of acceptance of the Federal Grant Funds. CDFW and USFWS have entered into a Grant Agreement for Grant No. F09AP00380 [E-30-HL-4], Grant Title: 2009 Ocean Trails HCP-Rancho Palos Verdes Land Acquisition Grant (the "Federal Grant Agreement") which specifies additional terms and conditions of the grant of Federal Grant Funds. The Federal Approval Notice and Federal Grant Agreement, including the terms and conditions set forth or incorporated directly or by reference in either or both of these instruments, are referred to in this Subgrant Agreement ("Agreement") individually and collectively as the "Federal Assistance Requirements". 1.3. Subgrantee has entered into an Agreement of Purchase and Sale of Real Property to purchase the Property described in Section 3.1 of this Agreement, which Property is a portion of the real property identified in the Federal Grant Application. Subgrantee has requested a subgrant of Federal Grant Funds from CDFW, acting through the Wildlife Conservation Board ("WCB"), to facilitate Subgrantee's acquisition of the Property (the "Acquisition"). 1.4. USFWS will permit CDFW, acting through WCB, to subgrant Federal Grant Funds to Subgrantee for the purpose of the Acquisition upon and subject to the Federal Assistance Requirements and the terms and conditions set forth in this Agreement. 1.5. USFWS requires that non-federal funds equal to fifty percent (50%) of the total estimated program costs, as set forth in the Federal Grant Application, must be provided as a match for the Federal Grant Funds. 1.6. Concurrently with this Agreement, WCB and Subgrantee have entered into Grant Agreement No. WC-1325BG, pursuant to which WCB agrees to grant to Subgrantee the entire non-federal share of funding for the Acquisition. 2. SCOPE OF AGREEMENT 2.1. Pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the California Fish and Game Code, WCB hereby subgrants to Subgrantee Federal Grant Funds in a sum not to exceed Three Hundred Twenty-Nine Thousand Seven 2 F-57 Hundred Fifty Dollars ($329,750.00) (the "Subgrant Funds"), upon and subject to the terms and conditions of this Agreement. 3. PURPOSES OF SUBGRANT 3.1. WCB is entering into this Agreement, and the Subgrant Funds shall be used, only for the purpose of facilitating Subgrantee's purchase of fee title to approximately 42± acres of land known as the Angeles LLC property and designated Assessor's Parcel No(s). 7546-022-022; 7578-002-009 (portion)/010; 7578-003-001 and 006 (portion), located in the City of Rancho Palos Verdes, California (the "Property"). The Property is more particularly described in Exhibit A attached to this Agreement. 3.2. Subgrantee covenants and agrees that if WCB requests disbursement of the Subgrant Funds and Subgrantee acquires the Property, the Property shall be held and used for the purposes of ''protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" (individually and collectively, the "Purposes of Subgrant"). 4. CONDITIONS PRECEDENT TO SUBGRANT 4.1. The obligation of WCB under this Agreement to request disbursement of the Subgrant Funds is conditioned upon and subject to the satisfaction of all of the following conditions precedent: a. WCB shall have reviewed and approved all documents pertaining to Subgrantee's acquisition of the Property, including but not limited to appraisals, preliminary title reports and items referenced therein, options, agreements for purchase and sale, escrow instructions, closing or settlement statements, and instruments of conveyance. Such review and approval by WCB shall not be unreasonably delayed or withheld. Subgrantee shall have removed or caused to be removed, or otherwise addressed to the satisfaction of WCB, any encumbrances or defects of title that WCB determines are inconsistent or could interfere with the Purposes of Subgrant. Any outstanding security interests or monetary encumbrances affecting the Property shall have been terminated or the holder of the encumbrance shall have irrevocably committed to remove its security interest or monetary encumbrance prior to the recording of the deed(s) conveying the Property to Subgrantee. b. Subgrantee shall have provided WCB with a letter or other written acknowledgment (which may be contained in the Subgrantee's option or purchase agreement with the landowner) demonstrating that the landowner is a willing seller of the Property. c. The purchase price of the Property shall not exceed its fair market value as established by an appraisal that is conducted by an appraiser 3 F-58 who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the California Business and Professions Code. The appraisal shall have been prepared pursuant to the Uniform Appraisal Standards for Federal Land Acquisitions ("UASFLA") and the Uniform Standards of Professional Appraisal Practice ("USPAP"), and approved by the California Department of General Services ("DGS Review"). The appraisal and DGS Review shall also have been submitted to and approved in writing by USFWS. The appraisal shall become part of the project file maintained by WCB and shall be retained for no less than three years from the date WCB requests disbursement of the Subgrant Funds from the federal Payment Management System. d. Subgrantee shall have provided WCB with written certification that the Acquisition is not intended, and shall not serve, to satisfy any local, State or federal regulatory requirement (e.g., mitigation for any local, State or federal permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA. Upon approval by WCB, this certification shall be attached to this Agreement as Exhibit B. e. Subgrantee shall have provided WCB with a written commitment to funding for, and implementation of, management of the Property in perpetuity consistent with the Purposes of Subgrant. Upon approval by WCB, this commitment shall be attached to this Agreement as Exhibit C. f. Subgrantee shall have provided WCB with assurances and certifications of compliance with federal requirements (i.e., Standard Form 424-D available at http://wsfrprograms.fws.gov/subpages/toolkitfiles/sf424d-f.pdf) by subgrantee. Upon execution by Subgrantee, these assurances and certifications shall be attached to this Agreement as Exhibit D. g. WCB shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Subgrantee, authorizing the execution and performance of this Agreement and the acquisition of the Property by Subgrantee. Upon approval by WCB the authorizing resolution or other action shall be attached to this Agreement as Exhibit E. h. WCB shall be ready, willing and able to request payment of the Subgrant Funds from the federal Payment Management System for deposit with the State Treasurer's Office. i. WCB shall be ready, willing and able to request disbursement of the Subgrant Funds from the State Treasury for deposit into an escrow account designated by Subgrantee that has been established specifically for the purpose of the Acquisition (the "Escrow"). 4 F-59 j. Subgrantee shall have deposited, or caused to be deposited, into the Escrow all funds beyond those granted under this Agreement that are needed for Subgrantee to complete the Acquisition. k. WCB shall have confirmed that the non-Federal share of funding required for the Acquisition has been provided. 5. DISBURSEMENT PROCEDURE 5.1. Upon satisfaction of all the Conditions Precedent to Subgrant set forth in Section 4.1 a -g, j and k, above, and subject to approval of the acceptance of the Subgrant Funds and the subgrant by the Wildlife Conservation Board at a duly noticed public meeting, Subgrantee shall send a letter to WCB (the "Disbursement Request"), asking it to request disbursement of the Subgrant Funds from (a) the federal Payment Management System for deposit with the State Treasurer's Office and following such deposit, (b) the State Treasury for deposit into Escrow. The Disbursement Request shall be signed by an authorized representative of Subgrantee and shall contain all of the following: a. Name and address of Subgrantee; b. Project Name and Number of Agreement; c. Dollar amount and purpose of disbursement; d. Name, address and telephone number of the title company or escrow holder, and the account number of the Escrow to which the Subgrant Funds will be disbursed; and e. A certification by Subgrantee that all funds (exclusive of the Subgrant Funds to be provided under this Agreement) needed to complete the Acquisition have been secured and have been or will be deposited to Escrow at or about the same date as the requested Subgrant Funds. 5.2. After receipt of a complete and proper Disbursement Request, WCB will promptly and timely (estimated to be 45 working days from the date the WCB receives the Disbursement Request) request payment from the federal Payment Management System to the State Treasurer's Office of an amount not to exceed Three Hundred Twenty-Nine Thousand Seven Hundred Fifty Dollars ($329,750.00) for deposit into the State Treasury. After such deposit, WCB will promptly and timely request payment of the same amount from the State Treasury for deposit into Escrow. 5 F-60 6. SUBGRANTEE'S COVENANTS 6.1. In consideration of the subgrant of the Subgrant Funds, Subgrantee hereby covenants and agrees as follows: a. The Subgrant Funds shall be used as purchase money only, which excludes escrow and title fees and any other fees and costs incurred to accomplish the transaction and the conveyance and acquisition of the Property. b. The Property shall be held and used only in a manner that is consistent with this Agreement, including the "Purposes of Subgrant" set forth in Section 3.2. c. The Property shall be set aside in perpetuity for the purposes of co~servation, including the Purposes of Subgrant. d. Subgrantee shall comply with the terms and conditions of the award of Federal Grant Funds to CDFW, to the extent such terms and conditions are applicable to Subgrantee, the Subgrant Funds or the Property. Such terms and conditions are contained in the Federal Assistance Requirements. e. Subgrantee shall recognize the cooperative nature of the Acquisition and shall provide credit to WCB, CDFW, USFWS, and any other contributor on signs, demonstrations, promotional materials, advertisements, publications or exhibits prepared or approved by Subgrantee which reference the Acquisition. Subject to the mutual agreement of WCB and Subgrantee regarding text, design and location, Subgrantee shall post sign(s) on the Property to indicate the participation of WCB, CDFW and USFWS in Subgrantee's purchase of the Property; provided however, that the sign(s) shall display the logo of WCB, as shown on Exhibit F. f. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged, or otherwise conveyed without the written approval of the State of California (the "State"), acting through the Executive Director of WCB, or its successor, and USFWS (to the extent required pursuant to the Federal Assistance Requirements). The State shall not unreasonably withhold its approval as long as the Property shall continue to be held and used only in a manner consistent with this Agreement, including but not limited to Sections 6.1 (b) and (c), and each successor-in-interest assumes and agrees in a writing reasonably acceptable to the State to be bound by the terms, covenants and conditions of this Agreement. g. The Property (including any portion of it or interest in it) may not be used as security for any debt without the written approval of the State, acting through the Executive Director of WCB, or its successor, and USFWS (to the extent required pursuant to the Federal Assistance Requirements). 6 F-61 h. Subgrantee shall record or cause to be recorded, concurrently with close of escrow for the purchase of the Property, a Notice of Unrecorded Subgrant Agreement (the "Notice"), incorporating by reference this Agreement and giving public notice that Subgrantee received funds under this Agreement in order to assist Subgrantee in acquiring the Property and that, in consideration for the receipt of the Subgrant Funds, Subgrantee has agreed to the terms of this Agreement. The Notice shall be in the form of Exhibit G. i. Subgrantee shall provide to WCB, promptly following the close of escrow, a conformed copy of the recorded deed(s) and Notice, with all recording information set forth thereon, as well as a copy of the final Escrow closing or settlement statement and the title insurance policy insuring Subgrantee as the owner of fee simple title to the Property. Subgrantee shall also provide copies of such other documents related to the closing of the Acquisition as requested by WCB. These documents shall become part of the project file maintained by WCB. Upon receipt of the above documents from Subgrantee, WCB will provide USFWS with a copy of all documents for their files. j. At the request of WCB, not less than once in any period of three calendar years, Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS to access the Property to assess compliance with the terms, covenants, and conditions of this Agreement. Provided, however, that if more frequent access is necessary to comply with applicable federal requirements (including, but not limited to, 50 C.F.R. Section 81.13) then Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS access to the Property at such intervals as WCB, CDFW or USFWS considers appropriate to meet federal requirements to which it is subject. k. Subgrantee agrees to ensure that the terms and conditions of this Agreement shall be taken into account when calculating the Baseline/Business As Usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Subgrantee agrees to notify WCB prior to any such proposed establishment. 7. BREACH AND DEFAULT 7.1. In the event of a breach of any of the terms, covenants or conditions of this Agreement, WCB shall give written notice to Subgrantee, describing the breach. Notice shall be deemed given when personally delivered or deposited in the United States Mail, postage prepaid, or with a reliable over-night courier, addressed to Subgrantee at Subgrantee's address for notices set forth at the beginning of this Agreement (or such changed address of which Subgrantee has notified WCB in writing pursuant to this Agreement). 7.2. If Subgrantee does not cure the breach within 90 days of the date a notice of breach is given or, if the breach is not curable within said 90-day period, Subgrantee 7 F-62 does not commence the cure within the 90-day period and diligently pursue it to completion, then Subgrantee shall be in default ("Default") under this Agreement. 7.3. Subgrantee shall also be in Default under this Agreement upon the discovery that information given to WCB by or on behalf of Subgrantee under or in connection with obtaining this Agreement was materially false or misleading. Notice of a Default under this Section 7.3 shall be given in accordance with Section 7.1. 8. REMEDIES In the event of a Default under this Agreement, in addition to any and all remedies available at law or in equity, WCB shall have the following remedies: 8.1. WCB may seek specific performance of this Agreement. Subgrantee agrees that payment by Subgrantee to WCB of an amount equal to the Subgrant Funds disbursed under this Agreement would be inadequate compensation for any Default because the benefit to be derived from full compliance by Subgrantee with the terms of this Agreement is to protect California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by way of Subgrant Funds under this Agreement. 8.2. WCB may require Subgrantee to convey a conservation easement over the Property in favor of the State or, at the election of WCB, another entity or organization authorized by California law to acquire and hold conservation easements. Furthermore, WCB may also require Subgrantee to pay a sum to WCB which, when combined with the fair market value of the conservation easement, equals the amount of Subgrant Funds provided by this Agreement, together with interest compounded semi-annually starting from the date of disbursement of the Subgrant Funds to the State Treasurer's Office to and including the date of payment, at a rate equivalent to the higher of (a) that which is being earned at the time of Default on deposits in the State of California's Pooled Money Investment Account or (b) the applicable rate of interest under the Federal Assistance Requirements. The conservation easement shall be for the purpose of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area. The value of the conservation easement shall be determined by an appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and acceptable to WCB. The appraisal shall be prepared pursuant to UASFLA and USPAP and approved by DGS. 8.3. Intentionally Left Blank. 8.4. Despite the contrary provisions of Article 7 of this Agreement, if WCB determines that circumstances require immediate action to prevent or mitigate interference with the Purposes of Subgrant or other irreparable harm arising from a 8 F-63 breach or threatened breach of this Agreement, then WCB may pursue its remedies without waiting for the period provided for cure to expire. 8.5. CDFW, as the grantee under the Federal Grant Agreement, shall be an express third-party beneficiary of this Agreement and shall have the same rights and remedies as WCB in the event of a breach or Default by Subgrantee. 9. NONPROFIT ORGANIZATION SUBGRANTEE 9.1. If Subgrantee is a nonprofit organization and the existence of Subgrantee is terminated for any reason, title to all interest in the Property acquired with Subgrant Funds shall immediately vest in the State. However, prior to that termination, upon approval of the State, acting through the Executive Director of WCB or its successor, another public agency or nonprofit organization may receive title to all or a portion of that interest in the Property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby the Property or any interest in it is being acquired by a nonprofit organization pursuant to this Section 9.1 shall be recorded and shall set forth the executory interest or right of entry on the part of the State. 10. TERM 10.1. This Agreement shall be deemed executed and effective when signed by an authorized representative of each party and received in the respective offices of Subgrantee and WCB, together with the certifications, commitment and resolution described in Section 4.1 (d) -(g) (the "Effective Date"). Subgrantee and WCB shall each sign two original counterparts of this Agreement. Subgrantee shall receive one completely executed original and WCB shall receive one completely executed original. 10.2. The term of this Agreement will commence on the Effective Date and, unless previously terminated as provided in Section 10.3, will expire on April 1, 2014 if escrow has not closed by that date. 10.3. Prior to Subgrantee's close of escrow for acquisition of the Property, either party may terminate this Agreement for any reason or for no reason, by providing the other party with not less than 15 days' written notice of such termination. Notice shall be given in the same manner as specified in Section 7.1. If this Agreement is terminated after the deposit of the Subgrant Funds into Escrow but before close of escrow for Subgrantee's acquisition of the Property, Subgrantee shall cause the escrow holder to immediately return all Subgrant Funds to (or as instructed by) WCB and Subgrantee shall bear all costs and expenses of such termination. 10.4. In the event this Agreement is terminated in accordance with its terms, neither party shall have any rights nor remedies against the other party, except as provided herein. 10.5. The provisions of this Agreement that are not fully performed as of the close of escrow, including but not limited to Sections 3 (Purposes of Subgrant), 6 9 F-64 (Subgrantee's Covenants), 7 (Breach and Default) and 8 (Remedies) shall survive the close of escrow for Subgrantee's acquisition of the Property and remain in full force and effect. 11. LIABILITY, MODIFICATIONS, INTERPRETATION 11.1. Subgrantee shall indemnify, protect and hold harmless WCB, CDFW, the State of California, and their respective members, directors, officers, agents, and employees (each an "Indemnified Party"), from and against any and all claims, demands, damages, liabilities, losses, costs (including attorneys' fees) and expenses (collectively, "Claims") arising out of, connected with, or incident to this Agreement or the acquisition, ownership, use, management, operation or maintenance of the Property, except that Subgrantee shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by the negligent or wrongful act of that Indemnified Party. 11.2. This Agreement may be modified only by written amendment signed by WCB and Subgrantee. No prior or contemporaneous oral understanding or agreement not incorporated in this Agreement shall be binding on either of the parties. 11.3. All references herein to "Subgrantee" are intended to refer to Subgrantee or its designee, successor or assignee as may be approved by WCB. 11.4. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. 11.5. Subgrantee, its officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, director, officer, agent, employee or representative of WCB, CDFW or the State of California. 11.6. This Agreement is not assignable or transferable by Subgrantee, either in whole or in part, except in connection with a transfer of the Property approved by WCB under Section 6.1 (f) of this Agreement. 11.7. Any costs incurred by WCB or CDFW, where it is the prevailing party, in enforcing the terms of this Agreement against Subgrantee, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of enforcing any judgment, shall be borne by Subgrantee. 11.8. Enforcement of the terms of this Agreement by WCB or CDFW shall be at its discretion, and any forbearance by WCB or CDFW to exercise its rights under this Agreement shall not be deemed or construed to be a waiver of such term or of any 10 F-65 subsequent breach of the same or any other term of this Agreement or any of the rights of WCB or CDFW under it. 11.9. WCB will notify Subgrantee as promptly as possible following its receipt of any request under the California Public Records Act (Government Code Section 6250 et seq.) for information related to the Acquisition. 12. CONDEMNATION 12.1. If all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, WCB and Subgrantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. WCB shall be entitled to the share of the Award (as defined below) which equals the ratio of the Subgrant Funds to the total purchase price Subgrantee paid to acquire the Property (e.g., if Subgrantee paid a purchase price of $2 million and the amount of Subgrant Funds was $750,000, then WCB would be entitled to 37.5% of the Award). For purposes of this Agreement, the "Award" shall mean all compensation awarded, paid or received on account of the Property so taken or purchased, and all direct or incidental damages resulting from the taking or purchase, less all out-of-pocket expenses reasonably incurred by Subgrantee in connection with the taking or purchase. 13. AUDIT 13.1. Subgrantee shall maintain complete and accurate records of its actual project costs, in accordance with . generally accepted accounting principles and practices, and shall retain said records for at least four years after the date the Subgrant Funds are deposited into Escrow. During such time, Subgrantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by WCB shall be borne by Subgrantee. Except to the extent the Federal Assistance Requirements (including, but not limited to, 50 C.F.R. Section 81.15) provide otherwise, the audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 14. UNION ORGANIZING 14.1. Subgrantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this Agreement and certifies that: a. No state funds (as defined in Government Code Section 16645) disbursed by this subgrant will be used to assist, promote or deter union organizing; b. Subgrantee shall account for state funds disbursed for a specific expenditure by this subgrant, to show those funds were allocated to that expenditure; 11 F-66 c. Subgrantee shall, where funds are not designated as described in Section 14.1 (b) above, allocate, on a pro-rata basis, all disbursements that support the subgrant program; and d. If Subgrantee makes expenditures to assist, promote or deter union organizing, Subgrantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Subgrantee shall provide those records to the Attorney General upon request. 15. NON-DISCRIMINATION 15.1. During the performance of this Agreement, Subgrantee is subject to all Federal and State laws prohibiting discrimination including but not limited to Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq.), the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). Subgrantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Subgrantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subgrantee shall comply with the regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), which are incorporated by reference into this Agreement. Subgrantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Subgrantee has a collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Subgrantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Acquisition. 16. DRUG-FREE WORKPLACE REQUIREMENTS 16.1. Subgrantee hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) by taking all of the following actions: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled 12 F-67 substance is prohibited in the workplace and specifying the actions to be taken against employees for violations; b. Establishing a drug-free awareness program to inform employees about all of the following: (i) The dangers of drug abuse in the workplace; (ii) The organization's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations. c. Requiring that every employee engaged in the performance of this Agreement: (i) Be given a copy of the organization's drug-free workplace policy statement; and (ii) Must agree to abide by the terms of the organization's statement as a condition of employment in connection with this Agreement. Failure to comply with the above requirements may result in suspension of payments under, or termination of, this Agreement, or both. Subgrantee may be ineligible for award of any future grants or subgrants from the State if the State determines that Subgrantee has made a false certification; or violates the certification by failing to carry out the requirements set forth above. 17. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A -Property Description and List of Assessor's Parcel Numbers Exhibit B -Certification of No Regulatory Requirements Exhibit C -Commitment to Management Funding Exhibit D -Assurances and Certifications Exhibit E -Certified Resolution or Other Action of Governing Body of Subgrantee Exhibit F -WCB's Logo Exhibit G -Form of Notice of Unrecorded Subgrant Agreement 13 F-68 18. AUTHORIZATION The signature of the Executive Director certifies that at the Board meeting held on November 21, 2013, the Wildlife Conservation Board authorized the award of a subgrant to Subgrantee as provided in this Agreement. IN WITNESS WHEREOF, this Subgrant Agreement is made and entered into this __ day of , 2013, in the State of California, by and between the Wildlife Conservation Board and the City of Rancho Palos Verdes, each of which does hereby agree to the terms and conditions referenced on pages 1 through 14, along with Exhibits A -G, of this Agreement. STATE OF CALIFORNIA CITY OF RANCHO PALOS VERDES WILDLIFE CONSERVATION BOARD By:----------- John P. Donnelly Jerry Duhovic Title: Executive Director Title: Mayor Date: ----------- 14 F-69 EXHIBIT A (Legal Description and APNs of Property) F-70 EXHIBIT-A Revised Pagel of 15 October 30, 2013 EXHIBIT-A DESCRIPTION OF THE LANDS TO BE ACQUIRED BY THE CITY OF RANCHO PALOS VERSDES FROM ANGELES, LLC That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California, more particularly described as follows: "NORTHERN PARCEL" DESCRIPTION APN 7546-022-022 Described below and shown on the following Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE/ IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 21169, AS SHOWN ON MAP RECORDED IN BOOK 574 PAGES 21 TO 26 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO THE MOST EASTERLY CORNER OF THE MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTHWESTERLY ALONG SAID MONTBMALAGA DRIVE, BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,550 FEET, AN ARC DISTANCE OF 332.89 FEET AND NORTH 51° 09' 56" WEST 70.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38° 50' 04" EAST 57.00 FEET; THENCE NORTH 62° 00' 00" EAST 180.00 FEET; THENCE NORTH 25° 30' 00" EAST 105.00 FEET; THENCE NORTH 55° 04' 07'' EAST 112.57 FEET, THENCE SOUTH 86° 18' 00" EAST 35.00 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF THE SAID TRACT NO. 21169; THENCE ALONG SAID WESTERLY LINE, NORTH 34° 04' 59" EAST 651.79 FEET; NORTH 9° 57' 02" WEST F-71 EXHIBIT-A Revised Page 2of15 October 30, 2013 548.29 FEET; THENCE NORTH 21° 46' 27" WEST 242.33 FEET AND NORTH 0° 01' 38" EAST 115.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 70 OF SAID TRACT NO. 21169; THENCE ALONG THE SOUTHERLY. •JD WESTERLY LINES OF THE LAND DESCRIBED IN THE DEED TO MILTON S. ROTH, RECORDED ON JULY 27, 1962 AS INSTRUMENT NO. 110 IN BOOK D-1699 PAGE 427 OFFICIAL RECORDS OF SAID COUNTY, AS FOLLOWS: NORTH 86° 11' 03" WEST 140.00 FEET AND NORTH 0° 02' 22" WEST 243.96 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ABRAM C. PATTERSON AND WIFE, RECORDED IN BOOK20814 PAGE 319 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 01' 24" WEST 199.46 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM H. PAIN AND WIFE, RECORDED.IN BOOK 25783 PAGE 181 OF SAID OFFICIAL. RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 10° 15' 02" EAST 275.24 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 38 OF SAID TRACT NO. 19683; THENCE ALONG SAID PROLONGATION NORTH 87° 03' 07'' WEST 228.57 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE ALONG THE BOUNDARY LINES OF THE SAID TRACT NO. 19583, SOUTH 5° 28' 1 O" EAST 539.42 FEET; SOUTH 1° 48' 40" WEST 575.8.7 FEET; SOUTH 28° 09' 36" WEST 158.82 FEET AND SOUTH 32° 19' 46" WEST 340.62 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID MONTEMALAGA DRIVE; THENCE SOUTHEASTERLY ALONG SAID MONTEMALAGA DRIVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of said Lot 65; thence northerly along the westerly line of , Lot 66 of said Tract No. 21169 a distance of 17 .00 feet; thence westerly along a line perpendicular with the westerly line of said Lot 66 a distance of 50.00 feet; thence southerly along a line parallel with the westerly line of said Lots 65 and 66 a distance of 100.00 feet; thence easterly along a line perpendicular with the westerly line of said Lot 65 a distance of 50 feet to a point of intersection with the westerly line of Lot 64 of said Tract No. 21169; thence northerly along the westerly line of said Lots 64 and 65 to the Point of Beginning. SURVEYOR'S STATEMENT: This description was prepared October 30, 2013 at the request of the City of Rancho Palos Verdes and is compiled from information shown in Title Report No. NCS-480162-SAC4 issued by First American.Title dated April 11, 2012. ~~&~~ Michael R. McGee, PLS3945 F-72 EXHIBIT-A Revised \ I \ Page 3of15 Northern Parcel ~ I l l l I I l PROPOSED LOT LINE I l ~v PORTION OF LOT 24 _/. \\ ' lACA MAP NO. 51 1 I I I I ) I I I I I I I I ) II I I I I I I LOT AREAS: SCALE: 1 "=200' I / LOT 65 EXISTING = 7,590 S.F. ~ PARCEL A PROPOSED = 12,590 S.F. October 30, 2013 PORTION LOT 24 EXISTING = 20.98 ACRES PORTION B PROPOSED = 20.86 ACRES // /" I /' ~o~-I /' ,v-- 4'.t 4e ~ F-73 EXHIBIT-A Revised Page 4of15 October 30, 2013 "SOUTHERN PARCEL" DESCRIPTION Described below and shown on the followin~ ~xhibit Map PARCEL 1: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 22~· EAST 113.38 FEET; THENCE LEA VINO SAID EASTERLY LINE, SOUTH 71 ° 58' 05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT,,, ET AL." CASE NO. 2373, IN THE DISTRIC~ COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS HA VINO A BEARING AND LENGTH OF NORTH 66° 29' 42" WEST 243.82 FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA VINO A BEARING AND LENGTH OF SOUTH 71° 57' 57" EAST 547.58 FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 71° 58' 05" EAST 119.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; F-74 EXHIBIT-A Revised Page 5of15 October 30, 2013 THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93 FEET TO THE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHOLOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL, VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207J?AGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HA YING A BEARING AND LENGTH OF SOUTH 16° 47' 41" EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 16° 47' 41" EAST TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 53° 07' 56" EAST TO THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74° 56' 19" WEST TO AN ANGLE POINT THEREIN AND NORTH 47° 01' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF LOT 11 OF SAID TRACT NO. 21354 SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS: NORTH 47° 01' 26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 11, IO AND 9 OF SAID TRACT NO. 21354, TO THE TRUE POINT OF BEGINNING. PARCEL 4: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 63 OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG F-75 EXHIBIT-A Revised Page 6of15 October 30, 2013 THE BOUNDARY LINE OF SAID TRACT NO. 21353, SOUTH 67° 36' 15" EAST TO THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 21353; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED BOUNDARY LINE, TO THE POINT OF BEGINNING. PARCEL 5: (APN 7578-003-001) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT ET AL." CASE NO, 2373, IN THE DISTRICT COURT OF THE l 7TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOI.:tows: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSNE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF NORTH 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 41' 07'' WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. PARCEL 6: (PORTION OF APN 7578-002-009) THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET ALI VS. BENT, ET AL," CASE NO. 2373, IN THE DISTRICT COURT OF THE l 7TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: F-76 EXHIBIT-A Revised Page 7of15 October 30, 2013 BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF OF. ...:IAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 5° 55' 42" WEST 392.44 FEET TO THE ANGLE POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 459.00 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF SAID OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG SAID NORTHERLY TO THE POINT OF BEGINNING. PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-010) THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 23 73, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HA VINO A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN SOUTHWESTERLY LINE, SOUTH 62° 59' 45" EAST 481.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27° 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 13° 59' 22" WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH 13° 59' 22" WEST 10.08 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 21354, NORTH 76° 31' 05" EAST 14.04 FEET AND SOUTH 66° 29' 42" EAST 76.96 FEET TO THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED SOUTH 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 47' 49" EAST 15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29' 42" EAST 37.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE THEREIN CONCAVE WESTERLY AND F-77 EXHIBIT-A Revised Page 8of15 October 30, 2013 HAVING A RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BErlllS NORTH 53° 18' 52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID LOT 9, AN ARC n;---TANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 16° 47' 49" EAST 121.11 FEET AND SOUTH 53° 07'56" EAST 81.20 FEET TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LAST MENTIONED LOT, NORTH 73° 56' 19" EAST 54.24 FEET AND SOUTH 3° 42' 12" EAST 88.16 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED BOUNDARY SOUTH 15° 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" WEST 353.28 FEET TO THE NORTHEASTERLY LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST MENTIONED LOT, SOUTH 67° 36' 15" EAST 32.42 FEET; THENCE SOUTH 16° 41' 31" EAST 113.12 FEET AND SOUTH 33° 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED BOUNDARY, SOUTH 22° 41' 15" EAST 285.96 FEET; THENCE LEAVING SAID LAST MENTIONED BOUNDARY, NORTH 89° 34' 23" EAST ALONG A LINE THAT WOULD PASS THROUGH THE SOUTHWESTERLY CORNER OF THE J,AND DESCRIBED IN DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS,RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINES OF LOTS 15, 16 AND 17 OF SAID TRACT NO. 21351, NORTH 9° 48' 07'' EAST 79.54 FEET AND NORTH 16° 08' IS" EAST 75.95 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PROLONGATION OF LAST MENTIONED TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; NORTH 5° 55' 42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY; THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 82° 31' 00" EAST 248.95 FEET TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 38° 45' 35" EAST 12.96 FEET AND SOUTH 82° 27' 27" EAST 287.38 FEET TO THE SOUTHWEST CORNER OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47, NORTH 17° 03' 54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED TRACT, NORTH 37° 50' 19" WEST 179.78 FEET AND NORTH 29° 47' 28" EAST 110 FEET TO THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING. F-78 EXHIBIT-A Revised Page 9of15 October 30, 2013 EXCEPTING FROM ALL :;F THE ABOVE "SOUTHERN PARCEL" THAT PORTION LYING NORTHWEST OF THE FOLLOWING DESCRIBED LINE. Commencing at a found spike and washer stamped "LS54 l 1" shown on LA County field book PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County Records. Thence North 66°39'06" East 45.00 feet to the northeast line of Grayslake Road being the southwest line of a parcel labeled "Future Street" on said Tract No. 21353. Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street" that bears South 47°01 '26" East 3.53 feet from the centerline of said Future Street as shown on said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47. Thence North 47°01 '26" West along the northeast line of said "Future Street" 10.12 feet to a Point from which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" set at the base of a chain link fence bears South 45°51' East 20.18 feet, said point is the Point of Beginning of the Boundary Line to be herein described. Thence North 55°42' 14" East 68.67 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 42°41 '37" East 152.64 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped-"McGee Surveying PLS3945". Thence North 25°04'26" East 72.44 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 44°20'51" East 49.97 feet Thence North 27°37'32" East 66.71 feet Thence North 26°29'22" West 45.30 feet Thence North 18°40'18" West 64.33 feet Thence North 47°25'39" East 6.60 feet to a set 1" x 36" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence South 66°35' 18" East 69.03 feet Thence South 37°28'31" East 32.55 feet to a set l" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 06°22'39" East 51.07 feet F-79 EXHIBIT-A Revised Page IO oflS October 30, 2013 Thence North 15°31 '15" East 30.12 feet Thence North 04°02'30" East 68.64 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 68°51 '10" East 50.18 feet Thence North 85°34'42" East 44.49 feet to the point that the bears South 30°56'36" West 11.98 feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26°17'34" East 58.78 feet from a found spike and washer marking the intersection of the center of Graysfoke Road and the centerline semi-tangent of Montemalaga Drive as shown on Tract No. 19683 recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282. Thence North 30°56'36" East 4.46 feet to the south line of Montemalaga Drive and the Terminus of this description, being a point on a curve with a radius 1120 feet and 40 feet south of the centerline ofMontemalaga Drive as shown on Tract No. 19683 recorded"ih Book 658 of Maps Page 9-12. SURVEYOR'S STATEMENT: This description was prepared by me on October 30, 2013 at the request of the City of Rancho Palos Verdes and is based on a field survey to be shown on a Record of Survey. Bearings are based on Book 648 Maps Page 48-50 Los Angeles County Records. The bearings shown on Book 658 Maps Page 9 would be rotated right 0°01 '00" to this basis. ·" F-80 EXHIBIT-A Revised Page 11of15 0 300' 600' .... I __ .---1••••1 October 30, 2013 EXHIBIT MAP of a Lot Line Adjustment tor City of Rancho Palos Verdes APN 757~002·009, 7578-0Q3 .. Q01 Los Angeles County California Prepared 10/30/2013 by Michael McGee, PLS3945 McGee Surveying Consulting F-81 EXHIBIT-A Revised Page 12of15 October 30, 2013 "MOSSBANK DRIVE PARCEL" Description Described below and shown on the following Assessor's Map THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 Of OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON DECEMBER 10, 1957 AS DOCUMENT NO. 1667, IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED NORTH 86° 58' 40" WEST 24.94 FEET, SOUTHWESTERLY ALONG AT ANGENT CURVE CONCA VE SOUTHEASTERLY, HAVING A RADIUS OF 430 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 185.63 FEET, WESTERLY AND NORTHWESTERLY ALONG A REVERSE CURVE THEREIN CONCAVE NORTHERLY, HAVING A RADIUS OF 210 FEET THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 255.04 FEET; TANGENT TO SAID LAST MENTIONED CURVE NORTH 42° 07' 42" WEST 500.20 FEET; NORTHWESTERLY ALONG A TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 450 FEET THROUGH A CENTRAL ANGLE OF 37° 16' 48", AN ARC DISTANCE OF 292.80 FEET; THENCE TO SAID LAST MENTIONED CURVE NORTH 79° 24' 30" WEST 17.34 FEET AND SOUTH 19° 06' 50" EAST 69.66 FEET TO THE NORTHEASTERLY LINE OF TRACT NO. 24423, AS PER MAP RECORDED IN BOOK 643, PAGE(S) 10 TO 13 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 24423, AND ALONG THE BOUNDARY LINES OF TRACT NO. 2220, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SOUTHEASTERLY ALONG A NON-TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 390 FEET THROUGH A CENTRAL ANGLE OF 34° 48' 14", AN ARC LENGTH OF 236.90 FEET AND TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 07' 42" EAST 199.62 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 56217 PAGE 198 OF F-82 EXHIBIT-A Revised Page 13of15 October 30, 2013 SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, SOUTH 83° 09' 26" EAST 32.09 FEET; THENCE SOUTH 56° 01' 24" EAST 110.94 FEET; SOUTH 42° 56' 24" EAST 98.35 FEET; SOUTH 27° 44' 28" EAST 152.53 FEET; SOUTH 1° 00' 50" WEST 113.02 FEET; SOUTH 19° 25' 27" WEST 201.47 FEET; NORTH 30° 00' 00" EAST 311.18 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270 FEET, A RADIAL LINE OF SAID LAST MENTIONED CURVE BEARS SOUTH 11° 20' 45" WEST; EASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 28", AN ARC DISTANCE OF 155.78 FEET; EASTERLY ALONG A REVERSE CURVE CONCA VE SOUTHERLY AND HA YING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 159.73 FEET; TANGENT TO SAID LAST MENTIONED CURVE SOUTH 86° 58' 40" EAST 79.64 FEET AND NORTH 39° 19' 50" WEST 81.19 FEET TO THE POINT OF BEGINNING. PARCEL 2: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 29, 1955 AS DOCUMENT NO. 2487, IN BOOK 48207 PAGE 182 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS HA YING A BEARING AND DISTANCE OF "SOUTH 83° 09' 26" EAST 125.90 FEET", WITH THAT PORTION OF THE NORTHEASTERLY LINE OF TRACT NO. 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 42° 07' 42" WEST 384.09 FEET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 22200, SOUTH 42° 07' 42" EAST 300.58 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 270 FEET, AN ARC DISTANCE OF 78.28 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, RECORDED [N BOOK 48207 PAGE 182 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED, NORTH 27° 44' 28" WEST 152.32 FEET; NORTH 42° 56' 24" WEST 98.35 FEET; NORTH 56° 01' 24" WEST 110.94 FEET; AND NORTH 83° 09' 26" WEST 32.09 FEET TO THE POINT OF BEGINNING. PARCEL 3: (PORTION OF APN 7578-003-006) THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, F-83 EXHIBIT-A Revised Page 14of15 October 30, 2013 ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUP~ JOR COURT OF SAir ~OUNTY, AND THAT PORTION OF TRACT NO. 21351, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGE(S) 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 39° 19' 50" EAST 1,044.82 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 138 OF TRACT 21350, AS SHOWN ON MAP RECORDED IN BOOK 599 PAGES 90 TO 95 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT, NORTH 50° 26' 52" EAST .15.75 FEET AND NORTH 33° 05' 48" WEST 390.13 FEET TO THE MOST WESTERLY CORNER OF LOT 130 OF SAID TRACT NO. 21350, BEING ALSO THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21.351, NORTH 31° 37' 40" WEST 249.38 FEET TO A POINT IN THE CURVED SOUTHERLY LINE OF MOSSBANK DRIVE, AS SHOWN ON SAID TRACT NO. 21351, BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 185.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 19° 08' 27" EAST WESTERLY ALONG SAID CURVE 26. l 0 FEET AND NORTH 31° 37' 40" WEST 66.43 FEET TO A POINT IN THE CURVED NORTHERLY LINE OF SAID MOSSBANK DRIVE SAID NORTHERLY LINE BEING A CURVE CONCA VE TO THE NORTH AND HAVING A RADIUS OF 125.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 0° 17' 44" EAST; THENCE EASTERLY ALONG SAID CURVE 16.92 FEET TO THE MOST SOUTHERLY OF LOT 5 OF SAID TRACT NO. 21351; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 5 TO 11 INCLUSIVE OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 4° 33' 01" WEST 50.23 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51464 PAGE 380 OF SAID OFFICIAL RECORDS; THENCE SOUTH 5° 55' 42" WEST ALONG SAID LAST MENTIONED WESTERLY LINE 259.95 FEET TO THE POINT OF BEGINNING. SURVEYOR'S STATEMENT: This description was prepared October 30, 2013 at. the request of the City of Rancho Palos Verdes and is compiled from information shown in Title Report No. NCS-480162-SAC4 issued by First Ame · Title dated April 11, 2012. ~~e~s~ F-84 EXHIBIT-A Revised CDOI 7091 , .... -.~·"'' ':'Nnl•_.,N Page 15of15 October 30, 2013 COUNTY ASSF.SSOR PLAT MAP 7518-(}'3 LA. C.A. t~A.O l\'Q. 51 A.M r-1 Mdl!l!CR'! ll'l't" CO..l'IT'f {lf l.(';S il,Nllf\"~. lmlF. 135 ... F-85 EXHIBIT B Certification of No Regulatory Requirements The undersigned is the Mayor of the City of Rancho Palos Verdes, the Subgrantee, under the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit B forms a part. Subgrantee hereby certifies to the Wildlife Conservation Board (WCB) as follows: Subgrantee's acquisition of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, is not intended, and shall not serve, to satisfy any local, state or federal regulatory requirement (e.g., mitigation for any local, state or federal authorization or permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA, provided that Property acquired with any Subgrant Funds will be preserved and managed in accordance with, and will fulfill certain commitments of, the Rancho Palos Verdes NCCP/HCP, to the extent consistent with the Federal Grant Application and the Federal Grant Agreement. Subgrantee makes this Certificate with the understanding that if WCB enters into the Agreement and subgrants Federal Grant Funds (as defined in the Agreement) to Subgrantee, WCB will do so in reliance on this Certificate. Dated: ______ , 2013 SUBGRANTEE City of Rancho Palos Verdes Print Name: ----- Title: -------- F-86 EXHIBITC Commitment for Management and Funding The undersigned is the Mayor of the City of Rancho Palos Verdes, the Subgrantee, under the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit C forms a part. Subgrantee hereby commits to the Wildlife Conservation Board (WCB) as follows: The City of Rancho Palos Verdes is the agency responsible for ensuring the preservation and management of lands acquired pursuant to the Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Permanent Habitat Protection Measures ("Prepare and Implement Preserve Management Plans for Natural Habitat Lands") identified in the NCCP/HCP commit the Subgrantee to ensuring permanent protection of conserved lands dedicated to the NCCP/HCP Preserve through recorded conservation easements. Section 5.9.1 of the NCCP/HCP provides the Subgrantee with the ability to cooperate with other entities to acquire and manage lands pursuant to the NCCP/HCP. Subgrantee is a party to an agreement for preparing the NCCP/HCP and is anticipated to be a primary owner and manager of lands acquired pursuant to the NCCP/HCP. If the Property is enrolled in the NCCP/HCP, Subgrantee will be the owner and the Palos Verdes Peninsula Land Conservancy (PVPLC) will be the manager of the Property (as defined in the Agreement). Subgrantee owns and the PVPLC manages approximately 1,400 acres of land in the City of Rancho Palos Verdes, much of which is similar in character and management need to the lands to be acquired pursuant to the Agreement. Subgrantee hereby commits to manage and fund the management of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, in perpetuity or to dedicate the Property to the NCCP/HCP in which case the PVPLC will manage and fund the management of the Property according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity, consistent with the following Purposes of Subgrant: "protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" Specific management actions for the Property are not known at this time. Subgrantee is in the process of developing a Preserve Management Plan for the Property. Management actions could include enrolling the property into the NCCP/HCP, in which case management of the Property would be carried out by the Palos Verdes Peninsula Land Conservancy (PVPLC) in accordance with the management responsibilities required by the NCCP/HCP. Anticipated costs of land management activities under the NCCP/HCP are set forth in Table A which is provided in Appendix G. F-87 In furtherance of the commitment set forth above, and in order to manage the property consistent with the Purposes of this Subgrant, if the Property is enrolled in the NCCP/HCP, Subgrantee or the PVPLC will fund management in perpetuity consistent with the funding plan established in Section 4.3 of the NCCP/HCP. Subgrantee makes this Commitment with the understanding that if WCB enters into the Agreement and subgrants Federal Grant Funds (as defined in the Agreement) to Successor Subgrantee, WCB will do so in reliance on this Commitment. Dated: ______ , 2013 SUBGRANTEE City of Rancho Palos Verdes Print Name: ----- Title: -------- F-88 EXHIBIT D (Assurances and Certifications) F-89 EXHIBIT E (Certified Resolution or Other Action of Governing Body of Subgrantee) F-90 EXHIBIT F (WCB Logo) /State of California Wildlife Conservation Board F-91 EXHIBITG (Notice of Unrecorded Subgrant Agreement) RECORDING REQUESTED BY: ) City of Rancho Palos Verdes ) 30940 Hawthorne Boulevard ) Rancho Palos Verdes, CA 90275 ) WHEN RECORDED, RETURN TO: ) ) ) ) State of California ) Wildlife Conservation Board ) Attn: Executive Director ) 1807 13th Street, Suite 103 ) Sacramento, CA 95811-7137 ) Project Name: Ocean Trails HCPLA (Angeles LLC) Space above line for Recorder's use County: Los Angeles APN: 7546-022-022; 7578-002-009 (portion)/01 O; 7578-003-001 and 006 (portion) NOTICE OF UNRECORDED SUBGRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Subgrant Agreement ("Notice"), dated as of ...,,,...,,..-------' 2013, is made by the City of Rancho Palos Verdes ("Subgrantee") and recorded concurrently with the Deed described below, to provide notice of an agreement between Subgrantee and the Wildlife Conservation Board ("WCB"), a subdivision of the State of California, affecting the real property described below. 1. WCB and Subgrantee have entered into the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest, WCB Subgrant Agreement No. SG-1305BG (Section 6 Grant Agreement No. F09AP00380 [E-30-HL-4] ("Subgrant" or "Agreement"), pursuant to which WCB subgrants to Subgrantee certain Federal Grant Funds for Subgrantee's acquisition of fee title to approximately 42 acres of real property located in the County of Los Angeles, California (the "Property"), by Grant Deed (the "Deed") from Angeles LLC. The Property is legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial- capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Subgrant. 2. Subgrantee agrees under the terms of the Subgrant to execute this Notice to give notice that Subgrantee received funds under the Agreement to assist Subgrantee in acquiring the Property and that, in consideration of the Subgrant Funds, Subgrantee has agreed to the terms of the Subgrant. The Subgrant is incorporated by reference into this Notice. F-92 3. follows: Subgrantee covenants and agrees in Section 6.1 b. of the Agreement as 3.1. The Property shall be held and used only in a manner that is consistent with the Agreement, including the following "Purposes of Subgrant" set forth in Section 3.2 of the Agreement: The Property shall be held and used for the purposes of "protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (QC HCP) area" (individually and collectively, the "Purposes of Subgrant"). 3.2. The Property shall be set aside in perpetuity for the purposes of conservation, including the Purposes of Subgrant. 3.3. Subgrantee shall comply with the terms and conditions of the award of Federal Grant Funds to the California Department of Fish and Wildlife ("CDFW"), to the extent such terms and conditions are applicable to Subgrantee, the Subgrant Funds or the Property. 3.4. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California (the "State"), acting through the Executive Director of WCB, or its successor, and the U.S. Department of the Interior, Fish and Wildlife Service ("USFWS") (to the extent required pursuant to the Federal Assistance Requirements). 3.5. The Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State, acting through the Executive Director of WCB, or its successor, except to the extent the use of the Property as security is prohibited or limited by the Federal Assistance Requirements. 3.6. At the request of WCB, not less than once in any period of three calendar years, Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. Provided, however, that if more frequent access is necessary to comply with applicable federal requirements (including, but not limited to, 50 C.F.R. Section 81.13) then Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS access to the Property at such intervals as WCB, CDFW or USFWS considers appropriate to meet federal requirements to which it is subject. F-93 4. Pursuant to Section 8 of the Agreement, in the event of a Default under the Agreement, in addition to any and all remedies available at law or in equity, WCB may seek specific performance of the Subgrant and may require Subgrantee to convey a conservation easement over the Property in favor of the State (or, at the election of WCB, another entity or organization authorized by California law to acquire and hold conservation easements), and to pay a sum to WCB which, when combined with the fair market value of the conservation easement, equals the amount of Subgrant Funds provided by the Agreement, together with interest thereon as provided in the Agreement. CDFW, as the Grantee under the Federal Grant Agreement, shall be an express third-party beneficiary of the Agreement and shall have the same rights and remedies as WCB in the event of a breach or Default by Subgrantee. 5. Pursuant to Section 9 of the Agreement, if Subgrantee is a nonprofit organization and the existence of Subgrantee is terminated for any reason, title to all interest in the Property acquired with Subgrant funds shall immediately vest in the State. However, prior to that termination, upon approval of the State, acting through the Executive Director of WCB or its successor, another public agency or nonprofit organization may receive title to all or a portion of that interest in the Property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby the Property or any interest in it is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the State. 6. Pursuant to Section 10 of the Agreement, the provisions of the Subgrant that are not fully performed as of the close of escrow shall survive the close of escrow for Subgrantee's acquisition of the Property and shall remain in full force and effect. 7. Pursuant to Section 11 of the Agreement, the Subgrant shall be binding upon Subgrantee and all designees, successors and assigns of Subgrantee. 8. Pursuant to Section 12 of the Agreement, if all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, WCB and Subgrantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. WCB shall be entitled to the share of the Award which equals the ratio of the Subgrant Funds provided by WCB to the total purchase price Subgrantee paid to acquire the Property. 9. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Subgrantee and WCB each has rights, duties and obligations under the Agreement which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. F-94 10. For additional terms and conditions of the Agreement, reference should be made to the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest by and between WCB and Subgrantee that commenced ~,..,..-=---..,.-=-,-----,-~-=--- , and is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento, California 95811-7137; mailing address: Wildlife Conservation Board, c/o Department of Fish and Wildlife, P. 0. Box 944209, Sacramento, CA 94244-2090. SUBGRANTEE: City of Rancho Palos Verdes By: ____________ _ Print Name: ~--------- Title: ------------- [Notary Acknowledgment] F-95 CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT AGREEMENT FOR ACQUISITION OF FEE INTEREST Grantee: Name: Address: Attn: Phone: Fax: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Joel Rojas, Director of Planning, Building and Code Enforcement (310) 544-5223 (310) 544-5293 Federal Employers ID No.:ffaxpayer ID No.: 95-2867872 Project Name: Project Location: WCB Grant Agreement Number: WCB Project ID: Grant Agreement Amount: Notices to be addressed to: For Grantee: Ocean Trails HCPLA 2009 (Ya Yi May) Within Malaga Canyon, City of Rancho Palos Verdes WC-1324BG 2007002 Not to exceed $227,500.00 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas, Director of Planning, Building and Code Enforcement For Grantor: With a copy to: Wildlife Conservation Board 1807 13th Street, Suite 103 Sacramento, CA 95811-7137 Attn: Executive Director Department of Fish and Wildlife 1416 Ninth Street, 1ih Floor Sacramento, CA 95814 Attn: Director - 1 - F-96 1. SCOPE OF AGREEMENT Pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the California Fish and Game Code and the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Proposition 84, Public Resources Code Section 75055(c)) the Wildlife Conservation Board ("Grantor") hereby grants to the City of Rancho Palos Verdes, ("Grantee"), a sum not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars ($227,500.00) ("Grant Funds"), upon and subject to the terms and conditions of this Grant Agreement for Acquisition of Fee Interest ("Agreement"). 2. PURPOSES OF GRANT Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the purpose of the project (the "Project") described as: Grantee's acquisition of fee title to approximately 16± acres of land known as the Ya Yi May property, located in the City of Rancho Palos Verdes, California (the "Property"). The Property is more particularly described in Exhibit A attached to this Agreement. Grantee covenants and agrees that if Grantor deposits the Grant Funds into escrow and Grantee acquires the Property, the Property shall be held and used for the purposes of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, restoration and management, wildlife-oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources (individually and collectively, the "Purposes of Grant"). 3. CONDITIONS OF GRANT Grantor's obligation to disburse Grant Funds under this Agreement is conditioned upon and subject to the satisfaction of all of the following conditions precedent: 3.1. Grantor shall have reviewed and approved all documents pertaining to Grantee's acquisition of the Property, including, without limitation, appraisals, preliminary title reports and items referenced therein, options, agreements for purchase and sale, escrow instructions, and instruments of conveyance. Such review and approval by Grantor shall not be unreasonably withheld or delayed. Grantee shall have removed or caused to be removed, or otherwise addressed to the satisfaction of Grantor, any encumbrances or defects of title that Grantor determines are inconsistent, or could interfere, with the Purposes of Grant. Any outstanding security interests or monetary encumbrances affecting the Property shall have been terminated. 3.2. Grantee shall acquire the Property from a willing seller for a purchase price that does not exceed the fair market value of the Property, as established by an appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. The appraisal shall be prepared pursuant to the Uniform Standards of Professional Appraisal Practice (USPAP) and approved by the Department of - 2 - F-97 General Services. The appraisal shall become part of the project file maintained by Granter and shall be retained for no less than three years from the date of value. 3.3. Granter shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Grantee, authorizing the execution and performance of this Agreement and the acquisition of the Property by Grantee. Upon approval by Granter, the authorizing resolution or other action shall be attached to this Agreement as Exhibit B. 3.4. Grantee shall have deposited, or caused to be deposited, into escrow all funds beyond those granted under this Agreement that are needed for Grantee to complete the Project. 3.5. Concurrently with this Agreement, WCB and Grantee have entered into Subgrant Agreement No. SG-1304BG, pursuant to which WCB agrees to subgrant to Grantee the entire federal share of funding to facilitate Grantee's acquisition of the Property. 3.6 Grantee shall have provided WCB with a written commitment by Grantee for management of the Property in perpetuity consistent with the Purposes of Grant and according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity and for funding such management. This commitment shall be attached to this Agreement as Exhibit E. 3. 7 Grantee shall have provided WCB with written certification that the Acquisition is not intended, and shall not serve, to satisfy any local, State or federal regulatory requirement (e.g., mitigation for any local, State or federal permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA (the "Certification"). WCB understands that, following acquisition by Grantee, the Property will be preserved and managed in accordance with and will fulfill certain commitments under the NCCP/HCP, to the extent provided for in the Federal Grant Application and the Federal Grant Agreement. The Certification shall be attached to this Agreement as Exhibit F. 4. DISBURSEMENT PROCEDURE Except as provided in paragraph 17, upon satisfaction of all of the above Conditions of Grant, and subject to approval of the Project by the Wildlife Conservation Board at a duly noticed public meeting, Granter shall disburse the Grant Funds directly into an escrow account established for the Project according to the following procedure: 4.1. Grantee shall request disbursement of the Grant Funds by sending a letter to the Granter ("Disbursement Request"). The Disbursement Request shall be signed by an authorized representative of Grantee and shall contain all of the following: a. Name and address of Grantee; b. Project Name and Number of Grant Agreement; -3- F-98 c. Dollar amount and purpose of disbursement; d. Name, address and telephone number of the title company or escrow holder, name of the escrow officer, and the escrow account number to which the Grant Funds will be disbursed; and e. A certification by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement) needed to complete the Project have been secured and have been or will be deposited to escrow prior to or at the same time as the requested Grant Funds. 4.2. After receipt of the Disbursement Request, Grantor will promptly and timely (estimated to be 45 working days from the date Grantor receives the Disbursement Request) disburse an amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars ($227,500.00) into the designated escrow account. 5. GRANTEE'S COVENANTS In consideration of Grantor's disbursement of the Grant Funds, Grantee hereby covenants and agrees as follows: 5.1. The Grant Funds shall be used as purchase money only, which excludes escrow and title fees and any other fees and costs incurred to accomplish the transaction and the conveyance and acquisition of the Property. 5.2. The Property shall be held and used only in a manner that is consistent with this Agreement, including the "Purposes of Grant" set forth in Section 2. 5.3. Grantee shall recognize the cooperative nature of the Project and shall provide credit to the Grantor, the California Department of Fish and Wildlife ("CDFW") and any other contributor on signs, demonstrations, promotional materials, advertisements, publications or exhibits prepared or approved by Grantee referencing the Project. Subject to the mutual agreement of Grantor and Grantee regarding text, design and location, Grantee shall post sign(s) on the Property to indicate the participation of Grantor and CDFW in Grantee's purchase of the Property; provided however, that the sign(s) shall display Grantor's logo, as shown on Exhibit C. 5.4. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board ("WCB"), or its successor. Such approval shall not be unreasonably withheld as long as the Property shall continue to be held and used only in a manner consistent with this Agreement, including the Purposes of Grant set forth in Section 2, and each successor-in-interest assumes and agrees in writing to be bound by the terms, covenants and conditions of this Agreement. 5.5. The Property may not be used to satisfy any requirement or condition imposed by any permit, agreement, authorization or entitlement for use ("Mitigation"), including but not limited to any requirement to compensate for or -4- F-99 otherwise offset impacts of an activity, without the written approval of the State acting through the Executive Director of WCB or its successor. The State shall not approve any Mitigation on account of (i) the protection of the Property resulting from its acquisition or ownership by the Grantee, (ii) any Mitigation that is inconsistent with this Agreement, or (iii) any activity on the Property (including but not limited to restoration) to cure, correct or otherwise remedy any breach or default of this Agreement. If the State approves any Mitigation under this paragraph, such approval shall be for the purposes of this Agreement only. Actual Mitigation requirements and conditions will be established and enforced by the authorities imposing them. 5.6. The Property (including any portion of it or interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Director of WCB, or its successor. 5.7. Grantee shall record or cause to be recorded, concurrently with close of escrow for the purchase of the Property, a Notice of Unrecorded Grant Agreement (the. "Notice"), incorporating by reference this Agreement and giving public notice that Grantee received funds under this Agreement in order to assist Grantee in acquiring the Property and that, in consideration for the receipt of the Grant Funds, Grantee has agreed to the terms of this Agreement. The Notice shall be in the form of Exhibit D. 5.8. Grantee shall provide to Granter, promptly following the close of escrow, a conformed copy of the recorded deed(s) and Notice, with all recording information, as well as a copy of the final closing or settlement statement and the title insurance policy insuring Grantee as the owner of fee simple title to the Property. Grantee shall also provide copies of such other documents related to the closing of the above transaction as requested by Granter. These documents shall become part of the project file maintained by Granter. 5.9. At the request of Grantor, not less than once in any period of three calendar years, Grantee shall allow designated staff of Grantor to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. 5.10. Grantee agrees to ensure that the terms and conditions of this Grant Agreement shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Grantee agrees to notify Grantor prior to any such proposed establishment. 6. BREACH AND DEFAULT 6.1. In the event of a breach of any of the terms, covenants or conditions of this Agreement, Granter shall give written notice to Grantee describing the breach. Notice shall be deemed given when personally delivered or deposited in the United States Mail, postage prepaid, or with a reliable over-night courier, addressed to Grantee at Grantee's address for notices set forth at the beginning of this Agreement. 6.2. If Grantee does not cure the breach within 90 days of the date a notice of -5- F-100 breach is given or, if the breach is not curable within said 90-day period, Grantee does not commence the cure within the 90-day period and diligently pursue it to completion, then Grantee shall be in default ("Default") under this Agreement. 6.3. Grantee shall also be in Default under this Agreement upon the discovery that information given to Grantor by or on behalf of Grantee under or in connection with obtaining this Agreement was materially false or misleading. Notice of a Default under this Section 6.3 shall be given in accordance with Section 6.1. 7. REMEDIES In the event of a Default under this Agreement, in addition to any and all remedies available at law or in equity, Grantor shall have the following remedies: 7.1. Grantor may seek specific performance of this Agreement. Grantee agrees that payment by Grantee to Grantor of an amount equal to the Grant Funds disbursed under this Agreement would be inadequate compensation to Grantor for any. Default because the benefit to be derived by Grantor from full compliance by Grantee with the terms of this Agreement is protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by Grantor by way of Grant Funds under this Agreement. 7.2. Grantor may require Grantee to convey a conservation easement over the Property in favor of Grantor (or, at the election of Grantor, another entity or organization authorized by California law to acquire and hold conservation easements and that is willing and financially able to assume all of the obligations of Grantee), and to pay a sum to Grantor which, when combined with the fair market value of the conservation easement, equals the sum granted to Grantee pursuant to this Agreement, together with interest compounded semi-annually starting from the date of this Agreement to and including the date of payment, at a rate equivalent to that which is being earned at the time of Default on deposits in the State of California's Pooled Money Investment Account. The conservation easement shall be for the purposes of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources. The value of the conservation easement shall be determined by a fair market value appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and acceptable to Grantor. The appraisal shall be prepared pursuant to USPAP and, if required by law, approved by the Department of General Services. -6- F-101 7.3. Despite the contrary provisions of Article 6 of this Agreement, if Grantor determines that circumstances require immediate action to prevent or mitigate interference with the Purposes of Grant arising from a breach of this Agreement, then Grantor may pursue its remedies without waiting for the period provided for cure to expire. 8. NONPROFIT ORGANIZATION GRANTEE If Grantee is a nonprofit organization and the existence of Grantee is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the State of California. However, prior to that termination, upon approval of Grantor, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this Section 8 shall be recorded and shall set forth the executory interest or right of entry on the part of the State of California. 9. TERM 9.1. This Agreement shall be deemed executed and effective when signed by an authorized representative of each party and received in the respective offices of Grantee and Grantor, together with the resolution described in Section 3.3 (the "Effective Date"). Grantee and Grantor shall each sign two original Agreements. Grantee shall receive one completely executed original and Granter shall receive one completely executed original. 9.2. The term of this Agreement will commence on the date authorized by the Wildlife Conservation Board, as set forth in Section 16 and, unless previously terminated as provided in Section 9.3, will expire on November 21, 2014, if escrow has not closed by that date. 9.3. Prior to Grantee's close of escrow for acquisition of the Property, either party may terminate this Agreement for any reason or for no reason, by providing the other party with not less than 15 days written notice of such termination. If this Agreement is terminated after Grantor's deposit of the Grant Funds into escrow but before close of escrow for Grantee's acquisition of the Property, Grantee shall cause the escrow holder to immediately return all Grant Funds to Granter and Grantee shall bear all costs and expenses of such termination. 9.4. The provisions of this Agreement that are not fully performed as of the close of escrow, including but not limited to Section 2 (Purposes of Grant) and Section 5 (Grantee's Covenants), shall survive the close of escrow for Grantee's acquisition of the Property and remain in full force and effect. 10. LIABILITY; MODIFICATIONS; INTERPRETATION 10.1. Grantee shall indemnify, protect and hold harmless Grantor, CDFW, the State of California, and their respective members, directors, officers, agents, and employees (each an "Indemnified Party"), from and against any and all claims, -7- F-102 demands, damages, liabilities, losses, costs (including attorneys' fees) and expenses (collectively, "Claims") arising out of, connected with, or incident to this Agreement or the acquisition, ownership, use, management, operation or maintenance of the Property, except that Grantee shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by the negligent or wrongful act of that Indemnified Party. 10.2. This Agreement may be modified only by written amendment signed by Grantor and Grantee. No prior or contemporaneous oral understanding or agreement not incorporated in this Agreement shall be binding on either of the parties. 10.3. All references herein to "Grantee" are intended to refer to Grantee or its designee, successor or assignee as may be approved by Grantor. 10.4. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. 10.5. Grantee, its officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, director, officer, agent, employee or representative of Grantor. 10.6. This Agreement is not assignable or transferable by Grantee, either in whole or in part, except in connection with a transfer of the Property approved by Grantor under Section 5.4 of this Agreement. 10.7. Any costs incurred by Grantor, where Grantor is the prevailing party, in enforcing the terms of this Agreement against Grantee, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of enforcing any judgment, shall be borne by Grantee. 10.8. Enforcement of the terms of this Agreement by Grantor shall be at the discretion of Grantor, and any forbearance by Grantor to exercise its rights under this Agreement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Agreement or any of the rights of Grantor under it. 10.9. Grantor will notify Grantee as promptly as possible following Grantor's receipt of any request for information related to the Project under the California Public Records Act (Government Code Section 6250 et seq.). 11. CONDEMNATION If all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act jointly to recover from the condemning authority the full value of the property so taken or purchased, and all direct or incidental damages resulting therefrom. Grantor shall be -8- F-103 entitled to the share of the Award (as defined below) which equals the ratio of the Grant Funds provided by Granter to the purchase price Grantee paid to acquire the Property (e.g., if Granter provided $50,000.00 of Grant Funds and the purchase price was $75,000.00, then Granter would be entitled to two-thirds of the Award). For purposes of this Agreement, the "Award" shall mean all compensation awarded, paid or received on account of the Property so taken or purchased, and all direct or incidental damages resulting from the taking or purchase, less all out-of-pocket expenses reasonably incurred by Grantee in connection with the taking or purchase. 12. AUDIT Grantee shall maintain complete and accurate records of its actual Project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least four years after final disbursement by Granter. During such time, Grantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by Granter shall be borne by Grantee. The audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 13. UNION ORGANIZING By signing this Agreement, Grantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this Agreement and certifies that: 13.1. No state funds disbursed by this grant will be used to assist, promote or deter union organizing; 13.2. Grantee shall account for state funds disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure; 13.3. Grantee shall, where state funds are not designated as described in Section 13.2 above, allocate, on a pro-rata basis, all disbursements that support the grant program; and 13.4. If Grantee makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 14. NON-DISCRIMINATION During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, -9- F-104 demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this Agreement. Grantee shall give written notice of its obligations under this non- discrimination clause to labor organizations with which Grantee has a collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Project. 15. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set.forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A -Property Description Exhibit B -Certified Resolution or Other Action of Governing Body of Grantee Exhibit C -Grantor's Logo Exhibit D -Form of Notice of Unrecorded Grant Agreement Exhibit E -Management Commitment Exhibit F -Certificate of No Regulatory Requirement 16. .AUTHORIZATION The signature of the Executive Director certifies that at the Wildlife Conservation Board meeting held on November 21, 2013; the Board authorized the award of an acquisition grant to Grantee as provided in this Agreement. 17. NON-AVAILABILITY OF FUNDS. Grantor shall not be obligated to disburse any Grant Funds under this Agreement unless and until the bond cash proceeds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer's Office to Grantor for expenditure for this grant. Despite any contrary provision of this Agreement, no request for disbursement submitted prior to the release of such bond cash proceeds to Grantor shall be effective. -10 - F-105 IN WITNESS WHEREOF, this Agreement is made and entered into this __ day of _____ , 2013, in the State of California, by and between the Wildlife Conservation Board and the City of Rancho Palos Verdes, each of which hereby agrees to the terms and conditions referenced on pages 1 through 11, along with Exhibits A through F, of this Agreement. STATE OF CALIFORNIA GRANTEE: WILDLIFE CONSERVATION BOARD CITY OF RANCHO PALOS VERDES John P. Donnelly Jerry Duhovic Title: Executive Director Title: Mayor -11 - F-106 Project Name: Ocean Trails HCPLA (2009) Ya Yi May County: Los Angeles Project ID: 2007002 FUNDING CERTIFICATION: I hereby certify that (a) the following funds will be encumbered on behalf of Grantor; and (b) Grant Funds shall not be disbursed unless and until sufficient proceeds from the source identified below become available to Grantor to disburse. Fiscal Officer Grantee: Date City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Joel Rojas Contact Telephone No. Contact Facsimile No. WCB Grant Agreement#: WC- Agreement Term: to WCB Grant Amount: Fund Source: Appropriation Item: Chapter ______ , Statutes of ____ _ Item ------ Expenditure Code: -12 - F-107 EXHIBIT A (Legal Description) F-108 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described as follows: .PARCEL I: THAT PORTION OF LOTS 23, 41AND43 OF L.A.C.A. NO. 51, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE l OF ASSESSORS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF SAID COUNTY THENCE NORTH 70° 00' 00" EAST 212.61 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LAND SOUTH 20° 32' 00" EAST 136.13 FEET AND NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY, SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO M. Z. CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 89° 34' 30" EAST 97.71 FEET TO THE WESTERLY BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 9° 48' 07" WEST 71.79 FEET, SOUTH 1° 09' 26" EAST 151.57 FEET AND SOUTH 4° 3' 01" EAST 27.27 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 5° 5' 42" WEST 259.05 FEET AND SOUTH 39° 19' 50 11 EAST 263.76 FEET TO THE NORTHERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL., RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 86° 58' 40" WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HA VINO A RADIUS OF 430 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 185.63 FEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE NORTHERLY AND -14- R6876-000!\!611 !22vl.doc F-109 HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69° 35' 03" AN ARC DISTANCE OF 255.04 FEET, NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HA VINO A RADIUS OF 450 FEET, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 292.80 FEET AND NORTH 79° 24 1 30" WEST 17.34 FEET TO THE EASTERLY BOUNDARY OF THE LAND DESCRlBED IN DEED TO OSAGE LAND CO. ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207 PAGE 182, OFHCIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED EASTERLY BOUNDARY NORTH 19° 06' 50" WEST 135.49 FEET TO THE SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HAVING A BEARING AND DISTANCE SOUTH 71° 11' 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY; THENCE .. ALONG SAID LINE NORTH 71° 11' 51" EAST 100.12 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 21353; THENCE ALONG SAID LAST MENTIONED SOUTHERLY BOUNDARY SOUTH 58° 46' 54" EAST 211.29 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY. -15- R6876-000!\l61l122vl.doc F-110 PARCEL2: NON~EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, .GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER ANO ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY; SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE . COUNTY OF LOS ANGELES, ST ATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF . RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, ST A TE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.,11 CASE NO. 2373 IN THE DISTRICT COURT OFTHE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCA VE NORTHERLY AND HA VINO RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58 1 40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HA VINO A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01 11 AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 42° 07' 4211 WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; -16- R6876-000l\1611122vl .doc F-111 THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET; THENCE NORTH 79° 24' 30" WEST 103.08 FEET. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HAVING A BEARING AND LENGTH OF NORTH 31° 37' 40" WEST 66.43 FEET. -17- R6876-000l\161l122vl.doc F-112 PARCEL3: THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER MAP RECORDED IN BOOK 621 PAGES 51 TO 53 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 22794, SOUTH 52° 05' 50 11 WEST 142.04 FEET AND NORTH 65° 301 00 11 WEST 77.63 FEET TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 34° 51' 52 11 EAST 125.62 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID LAND NORTH 30° 00' 00" EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE CONCA VE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 11° 201 45 11 EAST, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 30" AN ARC DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370 .. 00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 44; 03 11 AN ARC DISTANCE OF 159.73 FEET AND SOUTH 86° 58' 40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 39° 19' 5011 EAST 699.97 FEET TO THE NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES 90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 50° 28' 52" WEST 305.04 FEET AND SOUTH 38° 51' 38" WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT 22794; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT, NORTH 15° 27' 04n EAST 71.08 FEET, NORTH 39° 30' 00" WEST 240.44 FEET, NORTH 27° 48' 3 11 WEST 188.49 FEET, NORTH 8° 25' 06" WEST 73.21 FEET, NORTH 45° 51' 2211 WEST 75.28 FEET, NORTH 71° 00' 00° WEST 71.50 FEET AND NORTH 86° 301 44" WEST 131.63 FEET TO THE POINT OF BEGINNING. -18- R6876-00Ql\l61!122vl.doc F-113 PARCEL4: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND, WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY; SAID STEµP OF LAND BEING SITU A TED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58' 40 11 WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HA YING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01 n AN ARC DISTANCE OF 291.47 FEET~ THENCE NORTH 4° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HA YING A RADIUS OF 420 FEET; -19- R6876-0001\1611122vl.doc F-114 THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET. THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351 AS HAVING A BEARING ANC LENGTH OF "NORTH 31° 37' 40" WEST 146.20 FEET" AND IT'S SOUTHEASTERLY PROLONGATION AND SO AS TO TERMINATE WESTERLY IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO. 30635 AS HAVING A BEARING AND LENGTH OF "NORTH 19° 06' 50" WEST 83.62 FEET" AND IT'S SOUTHEASTERLY PROLONGATION. APN: 7578-003-004 & 7578-003-007 -20- R6876-000111611122vl.doc F-115 EXHIBIT B (Resolution) F-116 RESOLUTION NO. 2013-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO ACCEPT A GRANT FROM THE STATE OF CALIFORNIA AND A SUB-GRANT FROM THE UNITED STATES FISH AND WILDLIFE SERVICE AND AUTHORIZING THE ACQUISITION OF ASSESSOR'S PARCEL NUMBER(S) APN: 7578-003-004 & 7578-003-007, TOTALING APPROXIMATELY 16.25 ACRES, IN THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY, CALIFORNIA. WHEREAS, Malaga Canyon consists of undeveloped open space in the northern part of the City of Rancho Palos Verdes ("City") within the Grandview neighborhood. The Canyon runs primarily in a North-South direction crossing under Montemalaga Drive and flowing into the City of Palos Verdes Estates; and WHEREAS, In August 2004, the City Council adopted the Rancho Palos Verdes Natural Communities Conservation Plan ("NCCP"), which proposed the establishment of a habitat preserve by the City in exchange for allowing 50 years' worth of City projects (and certain private projects) that will impact protected habitat in the City on an as needed basis. Since that time, through the dedication of unimproved properties owned by the City and the Palos Verdes Peninsula Land Conservancy, along with major open space land acquisitions in 2005 and 2009, the creation of a 1400-acre NCCP Preserve was completed; and WHEREAS, coastal sage scrub habitat, which provides habitat for threatened species that reside on the Palos Verdes Peninsula is located within Malaga Canyon; and WHEREAS, Ya Yi May, the owner of the property that is described in Exhibit "A" hereto, is willing to sell said property to the City so that additional habitat and open space can be provided; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS: 1. The acquisition of Assessor's Parcel Numbers APN: 7578-003-004 & 7578-003-007, which are more particularly described in Exhibit "A" hereto ("Identified Property) for the preservation of habitat and open space is exempt from the provisions of the California Environmental Quality Act; 2. The Identified Property possesses high ecological and habitat value and will provide habitat for threatened or endangered species that inhabit the Palos Verdes Peninsula; 3. The use of the grant funds referenced herein for acquisition of the Identified Property is an appropriate expenditure; 4. The staff reports and recommendations therein that have been prepared regarding this item are hereby adopted and incorporated herein by this reference; F-117 5. The Mayor of the City is hereby authorized to execute the California Wildlife Conservation Board Grant Agreements for Acquisition of Fee Interest and the acceptance of grant funds from the listed agencies for the purpose of acquisition of the Identified Property; 6. The City Manager is hereby authorized to accept fee title to the identified property on behalf of the City; and 7. The City Manager is hereby authorized to do any and all acts necessary to carry out this resolution and any recommendations made by the City Council. c£d-qo~ Mayor == ATTEST: ~~~ City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013-68 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 6, 2013. ~ ~MM_af!__._ City Clerk Resolution No. 2013-68 Page 2of2 F-118 EXHIBIT "A" Resolution LEGAL DESCRIPTION Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described as follows: PARCEL 1: THAT PORTION OF LOTS 23, 41AND43 OF L.A.C.A. NO. 51, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF SAID COUNTY THENCE NORTH 70° 00' 00" EAST 212.61 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LAND SOUTH 20° 32' 00" EAST 136.13 FEET AND NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY, SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TOM. Z. CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 89° 34' 30" EAST 97.71 FEET TO THE WESTERLY BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 9° 48' 07" WEST 71.79 FEET, SOUTH 1° 09' 26" EAST 151.57 FEET AND SOUTH 4° 3' 01" EAST 27.27 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 5° 5' 42" WEST 259.05 FEET AND SOUTH 39° 19' 50" EAST 263.76 FEET TO THE NORTHERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL., RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 86° 58' 40" WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 430 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 185.63 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A F-119 CENTRAL ANGLE OF 69° 35' 03" AN ARC DISTANCE OF 255.04 FEET, NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 450 FEET, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 292.80 FEET AND NORTH 79° 24' 30" WEST 17.34 FEET TO THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO. ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207 PAGE 182, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED EASTERLY BOUNDARY NORTH 19° 06' 50" WEST 135.49 FEET TO THE SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HA VINO A BEARING AND DISTANCE SOUTH 71° 11' 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE NORTH 71° 11' 51" EAST 100.12 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 21353; THENCE ALONG SAID LAST MENTIONED SOUTH:ERL Y BOUNDARY SOUTH 58° 46' 54" EAST 211.29 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY. Resolution No. 2013-68 Exhibit A Page 2 of7 F-120 PARCEL2: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY; SAID STRIP OF LAND BEING SITU A TED IN THE CITY OF RANCHO PALOS VERDES, IN THE <;::OUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58' 40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF AT ANGENT CURVE CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; Resolution No. 2013-68 Exhibit A Page 3 of7 F-121 THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET; THENCE NORTH 79° 24' 30" WEST 103.08 FEET. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HAVING A BEARING AND LENGTH OF NORTH 31° 37' 40" WEST 66.43 FEET. Resolution No. 2013-68 Exhibit A Page 4 of7 F-122 PARCEL 3: THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER MAP RECORDED IN BOOK 621 PAGES 51TO53 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 22794, SOUTH 52° 05' 50" WEST 142.04 FEET AND NORTH 65° 30' 00" WEST 77.63 FEET TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 34° 51' 52" EAST 125.62 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID LAND NORTH 30° 00' 00" EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE CONCA VE NORTHERLY AND HA YING A RADIUS OF 270.00 FEET, A RADIAL LINE TO SAID POINT HA YING A BEARING OF NORTH 11° 20' 45" EAST, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 30" AN ARC DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 159.73 FEET AND SOUTH 86° 58' 40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEYERL Y REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 39° 19' 50" EAST 699.97 FEET TO THE NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES 90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 50° 28' 52" WEST 305.04 FEET AND SOUTH 38° 51' 38" WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT 22794; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT, NORTH 15° 27' 04" EAST 71.08 FEET, NORTH 39° 30' 00" WEST 240.44 FEET, NORTH 27° 48' 3" WEST 188.49 FEET, NORTH 8° 25' 06" WEST 73.21 FEET, NORTH 45° 51' 22" WEST 75.28 FEET, NORTH 71° 00' 00" WEST 71.50 FEET AND NORTH 86° 30' 44" WEST 131.63 FEET TO THE POINT OF BEGINNING. Resolution No. 2013-68 Exhibit A Page 5 of7 F-123 PARCEL4: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND, WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY; SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58' 40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE NORTHERLY AND HA VINO A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 4° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHWESTERLY AND HA VINO A RADIUS OF 420 FEET; Resolution. No. 2013-68 Exhibit A Page 6 of7 F-124 THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET. THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351 AS HAVING A BEARING AND LENGTH OF "NORTH 31° 37' 40" WEST 146.20 FEET" AND IT'S SOUTHEASTERLY PRO LON GA TION AND SO AS TO TERMINATE WESTERLY IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO. 30635 AS HAVING A BEARING AND LENGTH OF "NORTH 19° 06' 50" WEST 83.62 FEET" AND IT'S SOUTHEASTERLY PROLONGATION. APN: 7578-003-004 & 7578-003-00 Resolution No. 2013-68 Exhibit A Page 7 of7 F-125 EXHIBIT C (WCB Logo) 1 State of California Wildlife Conservation Board F-126 EXHIBIT D (Notice of Unrecorded Grant Agreement) RECORDING REQUESTED BY: ) City of Rancho Palos Verdes ) 30940 Hawthorne Boulevard ) Rancho Palos Verdes, CA 90275 ) WHEN RECORDED, RETURN TO: ) ) ) State of California ) Wildlife Co'nservation Board ) Attn: Executive Director ) 1807 13th Street, Suite 103 ) Sacramento, CA 95811-7137 ) Project Name: Ocean Trails HCPLA (2009) Ya Yi May Space above line for Recorder's use County:Los Angeles APNs: 7578-003-004 and 7578-003-007 NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement ("Notice"), dated as of ________ , 2013, is made by the City of Rancho Palos Verdes ("Grantee") and recorded concurrently with the Deed described below, to provide notice of an agreement between Grantee and the Wildlife Conservation Board ("Grantor'' or "WCB"), a subdivision of the State of California, affecting the real property described below. 1. WCB and Grantee have entered into the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest, Grant Agreement No. WC-1324BG ("Grant" or "Agreement"), pursuant to which WCB grants to Grantee certain funds for Grantee's acquisition of fee title to approximately 16± acres of real property located in the City of Rancho Palos Verdes, County of Los Angeles, California (the "Property"), by Grant Deed (the "Deed") from Ya Yi May. The Property is legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant. 2. Grantee agrees under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in acquiring the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grant. The Grant is incorporated by reference into this Notice. F-127 3. Grantee covenants and agrees in Section 5 of the Agreement as follows: 3.1. The Property shall be held and used only in a manner that is consistent with the Agreement, including the following "Purposes of Grant" set forth in Section 2 of the Agreement: The Property shall be held and used for the purposes protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area, wildlife habitat preservation, restoration and management, wildlife- oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources (individually and collectively, the "Purposes of Grant"). 3.2. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board ("WCB") or its successor. 3.3. The Property may not be used to satisfy any requirement or condition imposed by any permit, agreement, authorization or entitlement for use ("Mitigation"), including but not limited to any requirement to compensate for or otherwise offset impacts of an activity, without the written approval of the State acting through the Executive Director of WCB or its successor. 3.4. The Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Director of WCB or its successor. 3.5. At the request of Grantor, not less than once in any period of three calendar years, Grantee shall allow designated staff of Grantor to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. 3.6. Grantee agrees to ensure that the terms and conditions of this Agreement shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Grantee agrees to notify WCB prior to any such proposed establishment. 4. Pursuant to Section 7 of the Agreement, in the event of a Default under the Agreement, in addition to any and all remedies available at law or in equity, Grantor may seek specific performance of the Grant and may require Grantee to convey a conservation easement over the Property in favor of Grantor (or, at the election of Grantor, another entity or organization authorized by California law to acquire and hold conservation easements and that is willing and financially able to assume all of the obligations and responsibilities of Grantee), and to pay a sum to Grantor which, when combined with the fair market value of the conservation easement, equals the sum granted to Grantee pursuant to the Agreement, together with interest thereon as provided in the Agreement. F-128 5. Pursuant to Section 8 of the Agreement, if Grantee is a nonprofit organization and the existence of Grantee is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the State of California. However, prior to that termination, upon approval of Grantor, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest and right of entry on the part of the State of California. 6. Pursuant to Section 9 of the Agreement, the Grant shall remain in full force and effect from and after the close of escrow for the acquisition of the Property. 7. Pursuant to Section 10 of the Agreement, the Grant shall be binding upon Grantee a11d all designees, successors and assigns of Grantee. 8. Pursuant to Section 11 of the Agreement, if all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. Grantor shall be entitled to the share of the Award which equals the ratio of the Grant Funds provided by Grantor to the purchase price Grantee paid to acquire the Property. 9. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Grantee and WCB each has rights, duties and obligations under the Agreement which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. 10. For additional terms and conditions of the Agreement, reference should be made to the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest by and between WCB and Grantee that commenced , 2013, and is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento, California 95811-7137; mailing address: Wildlife Conservation Board, c/o Department of Fish and Wildlife, P. 0. Box 944209, Sacramento, CA 94244-2090. GRANTEE: City of Rancho Palos Verdes By: ____________ _ Print Name: ---------- Title: ------------- [Notary Acknowledgment] F-129 EXHIBIT E Commitment for Management and Funding The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit E forms a part. Grantee hereby commits to the Wildlife Conservation Board (WCB) as follows: The City of Rancho Palos Verdes is the agency responsible for ensuring the preservation and management of lands acquired pursuant to the Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Permanent Habitat Protection Measures ("Prepare and Implement Preserve Management Plans for Natural Habitat Lands") identified in the NCCP/HCP commit the Grantee to ensuring permanent protection of conserved lands dedicated to the NCCP/HCP Preserve through recorded conservation easements. Section 5.9.1 of the NCCP/HCP provides the Grantee with the ability to cooperate with other entities to acquire and manage lands pursuant to the NCCP/HCP. Grantee is a party to an agreement for preparing the NCCP/HCP and is anticipated to be a primary owner and manager of lands acquired pursuant to the NCCP/HCP. If the Property is enrolled in the NCCP/HCP, Grantee will be the owner and the Palos Verdes Peninsula Land Conservancy (PVPLC) will be the manager of the Property (as defined in the Agreement). Grantee owns and the PVPLC manages approximately 1,400 acres of land in the City of Rancho Palos Verdes, much of which is similar in character and management need to the lands to be acquired pursuant to the Agreement. Grantee hereby commits to manage and fund the management of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, in perpetuity or to dedicate the Property to the NCCP/HCP in which case the PVPLC will manage and fund the management of the Property according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity, consistent with the following Purposes of grant: "''protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" Specific management actions for the Property are not known at this time. Grantee is in the process of developing a Preserve Management Plan for the Property. Management actions could include enrolling the property into the NCCP/HCP, in which case management of the Property would be carried out by the Palos Verdes Peninsula Land F-130 Conservancy (PVPLC) in accordance with the management responsibilities required by the NCCP/HCP. Anticipated costs of land management activities under the NCCP/HCP are set forth in Table A which is provided in Appendix G. In furtherance of the commitment set forth above, and in order to manage the property consistent with the Purposes of this grant, if the Property is enrolled in the NCCP/HCP, Grantee or the PVPLC will fund management in perpetuity consistent with the funding plan established in Section 4.3 of the NCCP/HCP. Grantee makes this Commitment with the understanding that if WCB enters into the Agreement and funds (as defined in the Agreement) to Grantee, WCB will do so in reliance on this Commitment. Grantee makes this Commitment with the understanding that if WCB enters into the Agreement and grants funds (as defined in the Agreement), WCB will do so in reliance on this Commitment. Dated: ______ , 2013 GRANTEE City of Rancho Palos Verdes Print Name: ----- Title: _______ _ F-131 EXHIBIT F Certificate of No Regulatory Requirement The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit F forms a part. Grantee hereby certifies to the Wildlife Conservation Board (WCB) as follows: Grantee's acquisition of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, is not intended, and shall not serve, to satisfy any local, state or federal regulatory requirement (e.g., mitigation for any local, state or federal authorization or permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA, provided that Property acquired with any Grant Funds will be preserved and managed in accordance with, and will fulfill certain commitments of, the Rancho Palos Verdes NCCP/HCP, to the extent consistent with the Agreement. Grantee makes this Certificate with the understanding that if WCB enters into the Agreement and grants funds (as defined in the Agreement) to Grantee, WCB will do so in reliance on this Certificate. Dated: , 2013 ------ GRANTEE City of Rancho Palos Verdes By:~-----------~ Print Name: Jerry Duhovic Title: Mayor F-132 CALIFORNIA WILDLIFE CONSERVATION BOARD SUBGRANT AGREEMENT FOR ACQUISITION OF FEE INTEREST Cooperative Endangered Species Conservation Fund (Section 6 of the Federal Endangered Species Act) Grant Program Subgrantee: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas, Director of Planning, Building and Code Enforcement Phone: (310) 544-5223 Fax: 310-544-5293 E-mail: JoelR@rpv.com Federal Employer ID No./Taxpayer ID No.: 95-2867872 Project Name: Ocean Trails HCPLA 2009 (Ya Yi May) Project Location: Within Malaga Canyon, City of Rancho Palos Verdes Section 6 Grant Agreement Number: F09AP00380 (E-30-HL-4) WCB Subgrant Agreement Number: SG-1304BG WCB Project ID: 2007002 WCB Subgrant Agreement Amount: Not to exceed $227,500.00 Notices to be delivered to: For Subgrantee: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: Joel Rojas For WCB: Wildlife Conservation Board 1807-13th Street, Suite 103 Sacramento, CA 95811-7137 Attn: Executive Director With a copy to: Department of Fish and Wildlife Habitat Conservation Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Attn: Grant Coordinator F-133 1. BACKGROUND 1.1. The U.S. Department of the Interior, Fish and Wildlife Service ("USFWS") and the California Department of Fish and Wildlife ("CDFW") have entered into a Cooperative Agreement for the benefit of endangered, threatened and rare fish, wildlife and plants which are resident in the State of California. 1.2. USFWS has approved the Application for Federal Assistance submitted by CDFW, F09AP00380 [E-30-HL-4] (the "Federal Grant Application"), for Cooperative Endangered Species Conservation Fund (Section 6 of the Federal Endangered Species Act) Grant Program funding ("Federal Grant Funds") to facilitate the acquisition of real property identified in the Federal Grant Application. The Notice of Federal Assistance Approval for F09AP00380 [E-30-HL-4] (the "Federal Approval Notice") which USFWS issued to CDFW specifies terms of acceptance of the Federal Grant Funds. CDFW and USFWS have entered into a Grant Agreement for Grant No. F09AP00380 [E-30-HL-4], Grant Titfe: 2009 Ocean Trails HCP-Rancho Palos Verdes Land Acquisition Grant (the "Federal Grant Agreement") which specifies additional terms and conditions of the grant of Federal Grant Funds. The Federal Approval Notice and Federal Grant Agreement, including the terms and conditions set forth or incorporated directly or by reference in either or both of these instruments, are referred to in this Subgrant Agreement ("Agreement") individually and collectively as the "Federal Assistance Requirements". 1.3. Subgrantee has entered into an Agreement of Purchase and Sale of Real Property to purchase the Property described in Section 3.1 of this Agreement, which Property is a portion of the real property identified in the Federal Grant Application. Subgrantee has requested a subgrant of Federal Grant Funds from CDFW, acting through the Wildlife Conservation Board ("WCB"), to facilitate Subgrantee's acquisition of the Property (the "Acquisition"). 1.4. USFWS will permit CDFW, acting through WCB, to subgrant Federal Grant Funds to Subgrantee for the purpose of the Acquisition upon and subject to the Federal Assistance Requirements and the terms and conditions set forth in this Agreement. 1.5. USFWS requires that non-federal funds equal to fifty percent (50%) of the total estimated program costs, as set forth in the Federal Grant Application, must be provided as a match for the Federal Grant Funds. 1.6. Concurrently with this Agreement, WCB and Subgrantee have entered into Grant Agreement No. WC-1324BG, pursuant to which WCB agrees to grant to Subgrantee the entire non-federal share of funding for the Acquisition. 2. SCOPE OF AGREEMENT 2.1. Pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the California Fish and Game Code, WCB hereby subgrants to Subgrantee Federal Grant Funds in a sum not to exceed Two Hundred Twenty-Seven Thousand Five 2 F-134 Hundred Dollars ($227,500.00) (the "Subgrant Funds"), upon and subject to the terms and conditions of this Agreement. 3. PURPOSES OF SUBGRANT 3.1. WCB is entering into this Agreement, and the Subgrant Funds shall be used, only for the purpose of facilitating Subgrantee's purchase of fee title to approximately 16± acres of land known as the Ya Yi May property and designated Assessor's Parcel No(s). 7578-003-004 and 7578-003-007, located in the City of Rancho Palos Verdes, California (the "Property"). The Property is more particularly described in Exhibit A attached to this Agreement. 3.2. Subgrantee covenants and agrees that if WCB requests disbursement of the Subgrant Funds and Subgrantee acquires the Property, the Property shall be held and used for the purposes of ''protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" (individually and collectively, the "Purposes of Subgrant"). 4. CONDITIONS PRECEDENT TO SUBGRANT 4.1. The obligation of WCB under this Agreement to request disbursement of the Subgrant Funds is conditioned upon and subject to the satisfaction of all of the following conditions precedent: a. WCB shall have reviewed and approved all documents pertaining to Subgrantee's acquisition of the Property, including but not limited to appraisals, preliminary title reports and items referenced therein, options, agreements for purchase and sale, escrow instructions, closing or settlement statements, and instruments of conveyance. Such review and approval by WCB shall not be unreasonably delayed or withheld. Subgrantee shall have removed or caused to be removed, or otherwise addressed to the satisfaction of WCB, any encumbrances or defects of title that WCB determines are inconsistent or could interfere with the Purposes of Subgrant. Any outstanding security interests or monetary encumbrances affecting the Property shall have been terminated or the holder of the encumbrance shall have irrevocably committed to remove its security interest or monetary encumbrance prior to the recording of the deed(s) conveying the Property to Subgrantee. b. Subgrantee shall have provided WCB with a letter or other written acknowledgment (which may be contained in the Subgrantee's option or purchase agreement with the landowner) demonstrating that the landowner is a willing seller of the Property. c. The purchase price of the Property shall not exceed its fair market value as established by an appraisal that is conducted by an appraiser 3 F-135 who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the California Business and Professions Code. The appraisal shall have been prepared pursuant to the Uniform Appraisal Standards for Federal Land Acquisitions ("UASFLA") and the Uniform Standards of Professional Appraisal Practice ("USPAP"), and approved by the California Department of General Services ("DGS Review"). The appraisal and DGS Review shall also have been submitted to and approved in writing by USFWS. The appraisal shall become part of the project file maintained by WCB and shall be retained for no less than three years from the date WCB requests disbursement of the Subgrant Funds from the federal Payment Management System. d. Subgrantee shall have provided WCB with written certification that the Acquisition is not intended, and shall not serve, to satisfy any local, State or federal regulatory requirement (e.g., mitigation for any local, State or federal permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA. Upon approval by WCB, this certification shall be attached to this Agreement as Exhibit B. e. Subgrantee shall have provided WCB with a written commitment to funding for, and implementation of, management of the Property in perpetuity consistent with the Purposes of Subgrant. Upon approval by WCB, this commitment shall be attached to this Agreement as Exhibit C. f. Subgrantee shall have provided WCB with assurances and certifications of compliance with federal requirements (i.e., Standard Form 424-D available at http://wsfrprograms.fws.gov/subpages/toolkitfiles/sf 424d-f. pdf) by subgrantee. Upon execution by Subgrantee, these assurances and certifications shall be attached to this Agreement as Exhibit D. g. WCB shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Subgrantee, authorizing the execution and performance of this Agreement and the acquisition of the Property by Subgrantee. Upon approval by WCB the authorizing resolution or other action shall be attached to this Agreement as Exhibit E. h. WCB shall be ready, willing and able to request payment of the Subgrant Funds from the federal Payment Management System for deposit with the State Treasurer's Office. i. WCB shall be ready, willing and able to request disbursement of the Subgrant Funds from the State Treasury for deposit into an escrow account designated by Subgrantee that has been established specifically for the purpose of the Acquisition (the "Escrow"). 4 F-136 j. Subgrantee shall have deposited, or caused to be deposited, into the Escrow all funds beyond those granted under this Agreement that are needed for Subgrantee to complete the Acquisition. k. WCB shall have confirmed that the non-Federal share of funding required for the Acquisition has been provided. 5. DISBURSEMENT PROCEDURE 5.1. Upon satisfaction of all the Conditions Precedent to Subgrant set forth in Section 4.1 a -g, j and k, above, and subject to approval of the acceptance of the Subgrant Funds and the subgrant by the Wildlife Conservation Board at a duly noticed public meeting, Subgrantee shall send a letter to WCB (the "Disbursement Request"), asking it to request disbursement of the Subgrant Funds from (a) the federal Payment Management System for deposit with the State Treasurer's Office and following such deposit, (b) the State Treasury for deposit into Escrow. The Disbursement Request shall be signed by an authorized representative of Subgrantee and shall contain all of the following: a. Name and address of Subgrantee; b. Project Name and Number of Agreement; c. Dollar amount and purpose of disbursement; d. Name, address and telephone number of the title company or escrow holder, and the account number of the Escrow to which the Subgrant Funds will be disbursed; and e. A certification by Subgrantee that all funds (exclusive of the Subgrant Funds to be provided under this Agreement) needed to complete the Acquisition have been secured and have been or will be deposited to Escrow at or about the same date as the requested Subgrant Funds. 5.2. After receipt of a complete and proper Disbursement Request, WCB will promptly and timely (estimated to be 45 working days from the date the WCB receives the Disbursement Request) request payment from the federal Payment Management System to the State Treasurer's Office of an amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars ($227,500.00) for deposit into the State Treasury. After such deposit, WCB will promptly and timely request payment of the same amount from the State Treasury for deposit into Escrow. 5 F-137 6. SUBGRANTEE'S COVENANTS 6.1. In consideration of the subgrant of the Subgrant Funds, Subgrantee hereby covenants and agrees as follows: a. The Subgrant Funds shall be used as purchase money only, which excludes escrow and title fees and any other fees and costs incurred to accomplish the transaction and the conveyance and acquisition of the Property. b. The Property shall be held and used only in a manner that is consistent with this Agreement, including the "Purposes of Subgrant" set forth in Section 3.2. c. The Property shall be set aside in perpetuity for the purposes of co~servation, including the Purposes of Subgrant. d. Subgrantee shall comply with the terms and conditions of the award of Federal Grant Funds to CDFW, to the extent such terms and conditions are applicable to Subgrantee, the Subgrant Funds or the Property. Such terms and conditions are contained in the Federal Assistance Requirements. e. Subgrantee shall recognize the cooperative nature of the Acquisition and shall provide credit to WCB, CDFW, USFWS, and any other contributor on signs, demonstrations, promotional materials, advertisements, publications or exhibits prepared or approved by Subgrantee which reference the Acquisition. Subject to the mutual agreement of WCB and Subgrantee regarding text, design and location, Subgrantee shall post sign(s) on the Property to indicate the participation of WCB, CDFW and USFWS in Subgrantee's purchase of the Property; provided however, that the sign(s) shall display the logo of WCB, as shown on Exhibit F. f. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged, or otherwise conveyed without the written approval of the State of California (the "State"), acting through the Executive Director of WCB, or its successor, and USFWS (to the extent required pursuant to the Federal Assistance Requirements). The State shall not unreasonably withhold its approval as long as the Property shall continue to be held and used only in a manner consistent with this Agreement, including but not limited to Sections 6.1 (b) and (c), and each successor-in-interest assumes and agrees in a writing reasonably acceptable to the State to be bound by the terms, covenants and conditions of this Agreement. g. The Property (including any portion of it or interest in it) may not be used as security for any debt without the written approval of the State, acting through the Executive Director of WCB, or its successor, and USFWS (to the extent required pursuant to the Federal Assistance Requirements). 6 F-138 h. Subgrantee shall record or cause to be recorded, concurrently with close of escrow for the purchase of the Property, a Notice of Unrecorded Subgrant Agreement (the "Notice"), incorporating by reference this Agreement and giving public notice that Subgrantee received funds under this Agreement in order to assist Subgrantee in acquiring the Property and that, in consideration for the receipt of the Subgrant Funds, Subgrantee has agreed to the terms of this Agreement. The Notice shall be in the form of Exhibit G. i. Subgrantee shall provide to WCB, promptly following the close of escrow, a conformed copy of the recorded deed(s) and Notice, with all recording information set forth thereon, as well as a copy of the final Escrow closing or settlement statement and the title insurance policy insuring Subgrantee as the owner of fee simple title to the Property. Subgrantee shall also provide copies of such other documents related to the closing of the Acquisition as requested by WCB. These documents shall become part of the project file maintained by WCB. Upon receipt of the above documents from Subgrantee, WCB will provide USFWS with a copy of all documents for their files. j. At the request of WCB, not less than once in any period of three calendar years, Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS to access the Property to assess compliance with the terms, covenants, and conditions of this Agreement. Provided, however, that if more frequent access is necessary to comply with applicable federal requirements (including, but not limited to, 50 C.F.R. Section 81.13) then Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS access to the Property at such intervals as WCB, CDFW or USFWS considers appropriate to meet federal requirements to which it is subject. k. Subgrantee agrees to ensure that the terms and conditions of this Agreement shall be taken into account when calculating the Baseline/Business As Usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred. Subgrantee agrees to notify WCB prior to any such proposed establishment. 7. BREACH AND DEFAULT 7 .1. In the event of a breach of any of the terms, covenants or conditions of this Agreement, WCB shall give written notice to Subgrantee, describing the breach. Notice shall be deemed given when personally delivered or deposited in the United States Mail, postage prepaid, or with a reliable over-night courier, addressed to Subgrantee at Subgrantee's address for notices set forth at the beginning of this Agreement (or such changed address of which Subgrantee has notified WCB in writing pursuant to this Agreement). 7.2. If Subgrantee does not cure the breach within 90 days of the date a notice of breach is given or, if the breach is not curable within said 90-day period, Subgrantee 7 F-139 does not commence the cure within the 90-day period and diligently pursue it to completion, then Subgrantee shall be in default ("Default") under this Agreement. 7.3. Subgrantee shall also be in Default under this Agreement upon the discovery that information given to WCB by or on behalf of Subgrantee under or in connection with obtaining this Agreement was materially false or misleading. Notice of a Default under this Section 7.3 shall be given in accordance with Section 7.1. 8. REMEDIES In the event of a Default under this Agreement, in addition to any and all remedies available at law or in equity, WCB shall have the following remedies: 8.1. WCB may seek specific performance of this Agreement. Subgrantee agrees that payment by Subgrantee to WCB of an amount equal to the Subgrant Funds disbursed under this Agreement would be inadequate compensation for any Default because the benefit to be derived from full compliance by Subgrantee with the terms of this Agreement is to protect California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (QC HCP) area and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by way of Subgrant Funds under this Agreement. 8.2. WCB may require Subgrantee to convey a conservation easement over the Property in favor of the State or, at the election of WCB, another entity or organization authorized by California law to acquire and hold conservation easements. Furthermore, WCB may also require Subgrantee to pay a sum to WCB which, when combined with the fair market value of the conservation easement, equals the amount of Subgrant Funds provided by this Agreement, together with interest compounded semi-annually starting from the date of disbursement of the Subgrant Funds to the State Treasurer's Office to and including the date of payment, at a rate equivalent to the higher of (a) that which is being earned at the time of Default on deposits in the State of California's Pooled Money Investment Account or (b) the applicable rate of interest under the Federal Assistance Requirements. The conservation easement shall be for the purpose of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (QC HCP) area. The value of the conservation easement shall be determined by an appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and acceptable to WCB. The appraisal shall be prepared pursuant to UASFLA and USPAP and approved by DGS. 8.3. Intentionally Left Blank. 8.4. Despite the contrary provisions of Article 7 of this Agreement, if WCB determines that circumstances require immediate action to prevent or mitigate interference with the Purposes of Subgrant or other irreparable harm arising from a 8 F-140 breach or threatened breach of this Agreement, then WCB may pursue its remedies without waiting for the period provided for cure to expire. 8.5. CDFW, as the grantee under the Federal Grant Agreement, shall be an express third-party beneficiary of this Agreement and shall have the same rights and remedies as WCB in the event of a breach or Default by Subgrantee. 9. NONPROFIT ORGANIZATION SUBGRANTEE 9.1. If Subgrantee is a nonprofit organization and the existence of Subgrantee is terminated for any reason, title to all interest in the Property acquired with Subgrant Funds shall immediately vest in the State. However, prior to that termination, upon approval of the State, acting through the Executive Director of WCB or its successor, another public agency or nonprofit organization may receive title to all or a portion of that interest in the Property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby the Property or any interest in it is being acquired by a nonprofit organization pursuant to this Section 9.1 shall be recorded and shall set forth the executory interest or right of entry on the part of the State. 10. TERM 10.1. This Agreement shall be deemed executed and effective when signed by an authorized representative of each party and received in the respective offices of Subgrantee and WCB, together with the certifications, commitment and resolution described in Section 4.1 (d) -(g) (the "Effective Date"). Subgrantee and WCB shall each sign two original counterparts of this Agreement. Subgrantee shall receive one completely executed original and WCB shall receive one completely executed original. 10.2. The term of this Agreement will commence on the Effective Date and, unless previously terminated as provided in Section 10.3, will expire on April 1, 2014 if escrow has not closed by that date. 10.3. Prior to Subgrantee's close of escrow for acquisition of the Property, either party may terminate this Agreement for any reason or for no reason, by providing the other party with not less than 15 days' written notice of such termination. Notice shall be given in the same manner as specified in Section 7.1. If this Agreement is terminated after the deposit of the Subgrant Funds into Escrow but before close of escrow for Subgrantee's acquisition of the Property, Subgrantee shall cause the escrow holder to immediately return all Subgrant Funds to (or as instructed by) WCB and Subgrantee shall bear all costs and expenses of such termination. 10.4. In the event this Agreement is terminated in accordance with its terms, neither party shall have any rights nor remedies against the other party, except as provided herein. 10.5. The provisions of this Agreement that are not fully performed as of the close of escrow, including but not limited to Sections 3 (Purposes of Subgrant), 6 9 F-141 (Subgrantee's Covenants), 7 (Breach and Default) and 8 (Remedies) shall survive the close of escrow for Subgrantee's acquisition of the Property and remain in full force and effect. 11. LIABILITY, MODIFICATIONS, INTERPRETATION 11.1. Subgrantee shall indemnify, protect and hold harmless WCB, CDFW, the State of California, and their respective members, directors, officers, agents, and employees (each an "Indemnified Party"), from and against any and all claims, demands, damages, liabilities, losses, costs (including attorneys' fees) and expenses (collectively, "Claims") arising out of, connected with, or incident to this Agreement or the acquisition, ownership, use, management, operation or maintenance of the Property, except that Subgrantee shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by the negligent or wrongful act of that Indemnified Party. 11.2. This Agreement may be modified only by written amendment signed by WCB and Subgrantee. No prior or contemporaneous oral understanding or agreement not incorporated in this Agreement shall be binding on either of the parties. 11.3. All references herein to "Subgrantee" are intended to refer to Subgrantee or its designee, successor or assignee as may be approved by WCB. 11.4. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. 11.5. Subgrantee, its officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, director, officer, agent, employee or representative of WCB, CDFW or the State of California. 11.6. This Agreement is not assignable or transferable by Subgrantee, either in whole or in part, except in connection with a transfer of the Property approved by WCB under Section 6.1 (f) of this Agreement. 11.7. Any costs incurred by WCB or CDFW, where it is the prevailing party, in enforcing the terms of this Agreement against Subgrantee, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of enforcing any judgment, shall be borne by Subgrantee. 11.8. Enforcement of the terms of this Agreement by WCB or CDFW shall be at its discretion, and any forbearance by WCB or CDFW to exercise its rights under this Agreement shall not be deemed or construed to be a waiver of such term or of any 10 F-142 subsequent breach of the same or any other term of this Agreement or any of the rights of WCB or CDFW under it. 11.9. WCB will notify Subgrantee as promptly as possible following its receipt of any request under the California Public Records Act (Government Code Section 6250 et seq.) for information related to the Acquisition. 12. CONDEMNATION 12.1. If all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, WCB and Subgrantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. WCB shall be entitled to the share of the Award (as defined below) which equals the ratio of the Subgrant Funds to the total purchase price Subgrantee paid to acquire the Property (e.g., if Subgrantee paid a purchase price of $2 million and the amount of Subgrant Funds was $750,000, then WCB would be entitled to 37.5% of the Award). For purposes of this Agreement, the "Award" shall mean all compensation awarded, paid or received on account of the Property so taken or purchased, and all direct or incidental damages resulting from the taking or purchase, less all out-of-pocket expenses reasonably incurred by Subgrantee in connection with the taking or purchase. 13. AUDIT 13.1. Subgrantee shall maintain complete and accurate records of its actual project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least four years after the date the Subgrant Funds are deposited into Escrow. During such time, Subgrantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by WCB shall be borne by Subgrantee. Except to the extent the Federal Assistance Requirements (including, but not limited to, 50 C.F.R. Section 81.15) provide otherwise, the audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 14. UNION ORGANIZING 14.1. Subgrantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this Agreement and certifies that: a. No state funds (as defined in Government Code Section 16645) disbursed by this subgrant will be used to assist, promote or deter union organizing; b. Subgrantee shall account for state funds disbursed for a specific expenditure by this subgrant, to show those funds were allocated to that expenditure; 11 F-143 c. Subgrantee shall, where funds are not designated as described in Section 14.1 (b) above, allocate, on a pro-rata basis, all disbursements that support the subgrant program; and d. If Subgrantee makes expenditures to assist, promote or deter union organizing, Subgrantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Subgrantee shall provide those records to the Attorney General upon request. 15. NON-DISCRIMINATION 15.1. During the performance of this Agreement, Subgrantee is subject to all Federal and State laws prohibiting discrimination including but not limited to Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq.), the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). Subgrantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Subgrantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subgrantee shall comply with the regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), which are incorporated by reference into this Agreement. Subgrantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Subgrantee has a collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Subgrantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Acquisition. 16. DRUG-FREE WORKPLACE REQUIREMENTS 16.1. Subgrantee hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) by taking all of the following actions: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled 12 F-144 substance is prohibited in the workplace and specifying the actions to be taken against employees for violations; b. Establishing a drug-free awareness program to inform employees about all of the following: (i) The dangers of drug abuse in the workplace; (ii) The organization's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations. c. Requiring that every employee engaged in the performance of this Agreement: (i) Be given a copy of the organization's drug-free workplace policy statement; and (ii) Must agree to abide by the terms of the organization's statement as a condition of employment in connection with this Agreement. Failure to comply with the above requirements may result in suspension of payments under, or termination of, this Agreement, or both. Subgrantee may be ineligible for award of any future grants or subgrants from the State if the State determines that Subgrantee has made a false certification; or violates the certification by failing to carry out the requirements set forth above. 17. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A -Property Description and List of Assessor's Parcel Numbers Exhibit B -Certification of No Regulatory Requirements Exhibit C -Commitment to Management Funding Exhibit D -Assurances and Certifications Exhibit E -Certified Resolution or Other Action of Governing Body of Subgrantee Exhibit F -WCB's Logo Exhibit G -Form of Notice of Unrecorded Subgrant Agreement 13 F-145 18. AUTHORIZATION The signature of the Executive Director certifies that at the Board meeting held on November 21, 2013, the Wildlife Conservation Board authorized the award of a subgrant to Subgrantee as provided in this Agreement. IN WITNESS WHEREOF, this Subgrant Agreement is made and entered into this __ day of , 2013, in the State of California, by and between the Wildlife Conservation Board and the City of Rancho Palos Verdes, each of which does hereby agree to the terms and conditions referenced on pages 1 through 14, along with Exhibits A -G, of this Agreement. STATE OF CALIFORNIA CITY OF RANCHO PALOS VERDES WILDLIF.E CONSERVATION BOARD John P. Donnelly Jerry Duhovic Title: Executive Director Title: Mayor 14 F-146 EXHIBIT A (Legal Description and APNs of Property) F-147 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described as follows: .PARCEL 1: THAT PORTION OF LOTS 23, 41AND43 OF L.A.C.A. NO. 51, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353, AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF SAID COUNTY THENCE NORTH 70° 00' 00" EAST 212.61 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LAND SOUTH 20° 32' 00" EAST 136.13 FEET AND NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY, SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO M. Z. CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 89° 34' 30" EAST 97.71 FEET TO THE WESTERLY BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 9° 48' 07° WEST 71.79 FEET, SOUTH 1° 09' 26" EAST 151.57 FEET AND SOUTH 4° 3' 01" EAST 27.27 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380~ OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 5° 5' 42" WEST 259.05 FEET AND SOUTH 39° 19' 50" EAST 263.76 FEET TO THE NORTHERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL., RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 86° 58' 40" WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 430 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 185.63 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND -14- R6876-0001\16l I l22vl.doc F-148 HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69° 35' 03" AN ARC DISTANCE OF 255.04 FEET, NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HA VINO A RADIUS OF 450 FEET, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 161 48" AN ARC DISTANCE OF 292.80 FEET AND NORTH 79° 24 1 30 11 WEST 17.34 FEET TO THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO. ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207 PAGE 182, OFHCIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED EASTERLY BOUNDARY NORTH 19° 06' 50" WEST 135.49 FEET TO THE SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HAVING A BEARING AND DISTANCE SOUTH 71° 11 1 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY; THENCE .. ALONG SAID LINE NORTH 71° 11 1 51 11 EAST 100.12 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 21353; THENCE ALONG SAID LAST MENTIONED SOUTHERLY BOUNDARY SOUTH 58° 46' 54" EAST 2 I 1.29 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY. -15- R6876-000l\1611 l22vl.doc F-149 PARCEL2: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, .GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REP AIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY; SAID STIPP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, ST A TE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, ST ATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.,11 CASE NO. 2373 IN THE DISTRICT COURT OFTHE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCA VE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22 11 AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58 1 40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01 11 AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; -16- R6876-000J\1611122vl.doc F-150 THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET; THENCE NORTH 79° 24' 30" WEST 103.08 FEET. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HA VINO A BEARING AND LENGTH OF NORTH 31° 37' 40" WEST 66.43 FEET. -17- R6876-000l\1611122vl.doc F-151 PARCEL3: THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRJBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER MAP RECORDED IN BOOK 621 PAGES 51 TO 53 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 22794, SOUTH 52° 05 1 5011 WEST 142.04 FEET AND NORTH 65° 301 00 11 WEST77.63 FEET TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 34° 51' 52 11 EAST 125.62 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID LAND NORTH 30° 00' 0011 EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 11° 20' 45" EAST, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 30" AN ARC DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 44' 03° AN ARC DISTANCE OF 159.73 FEET AND SOUTH 86° 58' 40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 39° 19' 5011 EAST 699.97 FEET TO THE NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES 90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 50° 28' 52" WEST 305.04 FEET AND SOUTH 38° 51' 38 11 WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT 22794; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT, NORTH 15° 27' 04" EAST 71.08 FEET, NORTH 39° 30' 0011 WEST 240.44 FEET, NORTH 27° 48' 3" WEST 188.49 FEET, NORTH 8° 25' 06" WEST 73.21 FEET, NORTH 45° 51' 22" WEST 75.28 FEET, NORTH 71° 00' 00" WEST 71.50 FEET AND NORTH 86° 30' 4411 WEST 131.63 FEET TO THE POINT OF BEGINNING. -18- R6876-000I\l6l I 122vl.doc F-152 PARCEL4: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND, WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY; SAID STIPP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.,'' CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58' 40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 4° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHWESTERLY AND HA VINO A RADIUS OF 420 FEET; -19- R6876-000l\16l I 122vl.doc F-153 THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET. THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351 AS HAVING A BEARING ANe LENGTH OF "NORTH 31° 37' 40" WEST 146.20 FEET" AND IT'S SOUTHEASTERLY PROLONGATION AND SO AS TO TERMINATE WESTERLY IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO. 30635 AS HA VINO A BEARING AND LENGTH OF "NORTH I 9° 06' 50 11 WEST 83.62 FEET" AND IT'S SOUTHEASTERLY PROLONGATION. APN: 7578-003-004 & 7578-003-007 -20- R6876-0001\J61l122vl.doc F-154 EXHIBIT 8 Certification of No Regulatory Requirements The undersigned is the Mayor of the City of Rancho Palos Verdes, the Subgrantee, under the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit 8 forms a part. Subgrantee hereby certifies to the Wildlife Conservation Board (WCB) as follows: Subgrantee's acquisition of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, is not intended, and shall not serve, to satisfy any local, state or federal regulatory requirement (e.g., mitigation for any local, state or federal authorization or permit), including but not limited to complying with a biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA, provided that Property acquired with any Subgrant Funds will be preserved and managed in accordance with, and will fulfill certain commitments of, the Rancho Palos Verdes NCCP/HCP, to the extent consistent with the Federal Grant Application and the Federal Grant Agreement. Subgrantee makes this Certificate with the understanding that if WCB enters into the Agreement and subgrants Federal Grant Funds (as defined in the Agreement) to Subgrantee, WCB will do so in reliance on this Certificate. Dated: ______ , 2013 SUBGRANTEE City of Rancho Palos Verdes Print Name: ----- Title: -------- F-155 EXHIBITC Commitment for Management and Funding The undersigned is the Mayor of the City of Rancho Palos Verdes, the Subgrantee, under the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest (Agreement) of which this Exhibit C forms a part. Subgrantee hereby commits to the Wildlife Conservation Board (WCB) as follows: The City of Rancho Palos Verdes is the agency responsible for ensuring the preservation and management of lands acquired pursuant to the Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Permanent Habitat Protection Measures ("Prepare and Implement Preserve Management Plans for Natural Habitat Lands") identified in the NCCP/HCP commit the Subgrantee to ensuring permanent protection of conserved lands dedicated to the NCCP/HCP Preserve through recorded conservation easements. Section 5.9.1 of the NCCP/HCP provides the Subgrantee with the ability to cooperate with other entities to acquire and manage lands pursuant to the NCCP/HCP. Subgrantee is a party to an agreement for preparing the NCCP/HCP and is anticipated to be a primary owner and manager of lands acquired pursuant to the NCCP/HCP. If the Property is enrolled in the NCCP/HCP, Subgrantee will be the owner and the Palos Verdes Peninsula Land Conservancy (PVPLC) will be the manager of the Property (as defined in the Agreement). Subgrantee owns and the PVPLC manages approximately 1,400 acres of land in the City of Rancho Palos Verdes, much of which is similar in character and management need to the lands to be acquired pursuant to the Agreement. Subgrantee hereby commits to manage and fund the management of the Property (as defined in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County, California, in perpetuity or to dedicate the Property to the NCCP/HCP in which case the PVPLC will manage and fund the management of the Property according to the provisions of the NCCP/HCP for managing preserved lands in perpetuity, consistent with the following Purposes of Subgrant: ''protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (QC HCP) area" Specific management actions for the Property are not known at this time. Subgrantee is in the process of developing a Preserve Management Plan for the Property. Management actions could include enrolling the property into the NCCP/HCP, in which case management of the Property would be carried out by the Palos Verdes Peninsula Land Conservancy (PVPLC) in accordance with the management responsibilities required by the NCCP/HCP. Anticipated costs of land management activities under the NCCP/HCP are set forth in Table A which is provided in Appendix G. F-156 In furtherance of the commitment set forth above, and in order to manage the property consistent with the Purposes of this Subgrant, if the Property is enrolled in the NCCP/HCP, Subgrantee or the PVPLC will fund management in perpetuity consistent with the funding plan established in Section 4.3 of the NCCP/HCP. Subgrantee makes this Commitment with the understanding that if WCB enters into the Agreement and subgrants Federal Grant Funds (as defined in the Agreement) to Successor Subgrantee, WCB will do so in reliance on this Commitment. Dated: , 2013 ------ SUBGRANTEE City of Rancho Palos Verdes By:~-----------~ Print Name: ----- Title: -------- F-157 EXHIBIT D (Assurances and Certifications) F-158 EXHIBIT E (Certified Resolution or Other Action of Governing Body of Subgrantee) F-159 EXHIBIT F (WCB Logo) 1 State of California Wildlife Co ervation Board F-160 EXHIBIT G (Notice of Unrecorded Subgrant Agreement) RECORDING REQUESTED BY: ) City of Rancho Palos Verdes ) 30940 Hawthorne Boulevard ) Rancho Palos Verdes, CA 90275 ) WHEN RECORDED, RETURN TO: ) ) ) ) State of California ) Wildlife Conservation Board ) Attn: Executive Director ) 1807 13th Street, Suite 103 ) Sacramento, CA 95811-7137 ) Project Name: Ocean Trails HCPLA (Ya Yi May) County: Los Angeles APN: 7578-003-004 and 7578-003-007 Space above line for Recorders use NOTICE OF UNRECORDED SUBGRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Subgrant Agreement ("Notice"), dated as of ----~---' 2013, is made by the City of Rancho Palos Verdes ("Subgrantee") and recorded concurrently with the Deed described below, to provide notice of an agreement between Subgrantee and the Wildlife Conservation Board ("WCB"), a subdivision of the State of California, affecting the real property described below. 1. WCB and Subgrantee have entered into the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest, WCB Subgrant Agreement No. SG-1304BG (Section 6 Grant Agreement No. F09AP00380 [E-30-HL-4] ("Subgrant" or "Agreement"), pursuant to which WCB subgrants to Subgrantee certain Federal Grant Funds for Subgrantee's acquisition of fee title to approximately 16 acres of real property located in the County of Los Angeles, California (the "Property"), by Grant Deed (the "Deed") from Ya Yi May. The Property is legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Subgrant. 2. Subgrantee agrees under the terms of the Subgrant to execute this Notice to give notice that Subgrantee received funds under the Agreement to assist Subgrantee in acquiring the Property and that, in consideration of the Subgrant Funds, Subgrantee has agreed to the terms of the Subgrant. The Subgrant is incorporated by reference into this Notice. F-161 3. follows: Subgrantee covenants and agrees in Section 6.1 b. of the Agreement as 3.1. The Property shall be held and used only in a manner that is consistent with the Agreement, including the following "Purposes of Subgrant" set forth in Section 3.2 of the Agreement: The Property shall be held and used for the purposes of "protecting California gnatcatcher habitat and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and other rare species found within and adjacent to the Ocean Trails Habitat Conservation Plan (OC HCP) area" (individually and collectively, the "Purposes of Subgrant"). 3.2. The Property shall be set aside in perpetuity for the purposes of conservation, including the Purposes of Subgrant. 3.3. Subgrantee shall comply with the terms and conditions of the award of Federal Grant Funds to the California Department of Fish and Wildlife ("CDFW"), to the extent such terms and conditions are applicable to Subgrantee, the Subgrant Funds or the Property. 3.4. The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California (the "State"), acting through the Executive Director of WCB, or its successor, and the U.S. Department of the Interior, Fish and Wildlife Service ("USFWS") (to the extent required pursuant to the Federal Assistance Requirements). 3.5. The Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State, acting through the Executive Director of WCB, or its successor, except to the extent the use of the Property as security is prohibited or limited by the Federal Assistance Requirements. 3.6. At the request of WCB, not less than once in any period of three calendar years, Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. Provided, however, that if more frequent access is necessary to comply with applicable federal requirements (including, but not limited to, 50 C.F.R. Section 81.13) then Subgrantee shall allow designated staff or representatives of WCB, CDFW and USFWS access to the Property at such intervals as WCB, CDFW or USFWS considers appropriate to meet federal requirements to which it is subject. F-162 4. Pursuant to Section 8 of the Agreement, in the event of a Default under the Agreement, in addition to any and all remedies available at law or in equity, WCB may seek specific performance of the Subgrant and may require Subgrantee to convey a conservation easement over the Property in favor of the State (or, at the election of WCB, another entity or organization authorized by California law to acquire and hold conservation easements), and to pay a sum to WCB which, when combined with the fair market value of the conservation easement, equals the amount of Subgrant Funds provided by the Agreement, together with interest thereon as provided in the Agreement. CDFW, as the Grantee under the Federal Grant Agreement, shall be an express third-party beneficiary of the Agreement and shall have the same rights and remedies as WCB in the event of a breach or Default by Subgrantee. 5. Pursuant to Section 9 of the Agreement, if Subgrantee is a nonprofit organization and the existence of Subgrantee is terminated for any reason, title to all interest in the Property acquired with Subgrant funds shall immediately vest in the State. However,_ prior to that termination, upon approval of the State, acting through the Executive Director of WCB or its successor, another public agency or nonprofit organization may receive title to all or a portion of that interest in the Property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby the Property or any interest in it is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the State. 6. Pursuant to Section 10 of the Agreement, the provisions of the Subgrant that are not fully performed as of the close of escrow shall survive the close of escrow for Subgrantee's acquisition of the Property and shall remain in full force and effect. 7. Pursuant to Section 11 of the Agreement, the Subgrant shall be binding upon Subgrantee and all designees, successors and, assigns of Subgrantee. 8. Pursuant to Section 12 of the Agreement, if all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, WCB and Subgrantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom. WCB shall be entitled to the share of the Award which equals the ratio of the Subgrant Funds provided by WCB to the total purchase price Subgrantee paid to acquire the Property. 9. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Subgrantee and WCB each has rights, duties and obligations under the Agreement which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. F-163 10. For additional terms and conditions of the Agreement, reference should be made to the California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest by and between WCB and Subgrantee that commenced ....,..--~--=--,.--~~-- , and is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento, California 95811-7137; mailing address: Wildlife Conservation Board, c/o Department of Fish and Wildlife, P. 0. Box 944209, Sacramento, CA 94244-2090. SUBGRANTEE: City of Rancho Palos Verdes By: ____________ _ Print Name: ---------- Title: ------------- [Notary Acknowledgment] F-164