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CC SR 20231205 G - Ocean Trails 2023-12-05 CITY COUNCIL MEETING DATE: 12/05/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to request a revised time extension amendment to the conservation easement offers for Ocean Trails Reserve. RECOMMENDED COUNCIL ACTION: 1) Authorize the execution and recording of a Time Extension Amendment to the Conservation Easement Offers for the Ocean Trails Reserve thereby extending the deadline to record the Conservation Easements from December 16, 2023 to January 1, 2026, to ensure the California Department of Fish and Wildlife issues the City its permit pursuant to the Rancho Palos Verdes Natural Community Conservation Plan. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Brandy Forbes, AICP, Director of Community Development REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Amendment to revised Conservation Easement Offers to extend to January 1, 2026 (page A-1) B. City Council Staff Report November 14, 2023 C. Final NCCP/HCP adopted by Resolution 2019-61 D. Original recorded Conservation Easements (page D-1) • CCOTD #97-1990231 for a portion of Lot 98 of APN Map 51 (page D-1) • OTD #97-1990232 for Lots 25 and 26 of Tract 32574 (page D-12) • OTD #00-1456233 for southerly portion of Lot 98 of APN Map 51 (page D-23) E. Conservation Easement Offer Amendment recorded November 27, 2018, to extend to December 16, 2023 (page E-1) F. Amendment to Conservation Easement Offers approved by City Council November 14, 2023 (page F-1) G. Letter to California Coastal Commission explaining need for extension (page G-1) 1 c,~ + : " CITY OF 1973 _zo~~ RANCHO PALOS VERDES BACKGROUND AND DISCUSSION: The City of Rancho Palos Verdes has applied to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for a joint take permit, pursuant to the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) adopted by Council in November 2019. As part of this process, the City is to enter into conservation easements over the associated properties once the NCCP/HCP is approved (see link to City Council Staff Report November 14, 2023 in attachments for background information). While it was originally envisioned that the City would be prepared to record a conservation easement over the Ocean Trails Reserve consistent with the original Trump National Golf Club HCP and the City’s 2019 RPV NCCP/HCP by the December 2023 deadline, the CDFW has informed the City that it requires additional time to review the City’s NCCP permit. To provide that additional time for the state to complete the review, at the November 14, 2023 meeting, Staff recommended that City Council request additional time from the California Coastal Commission to execute and record the permanent easements over Ocean Trails Reserve. Although City Council approved that amendment to the conservation easement offers at that meeting to extend the time to execute and record the permanent easements, the California Coastal Commission (CCC) has requested that the City revise the amendment to the conservation easement offers to include additional language that is deemed acceptable to the CCC before recording. Within this agenda item, City Staff recommends the City Council adopt the revised amendment to the conservation easement offers with the version deemed acceptable by the CCC. The revisions include the following: • Recitals o CCC acknowledgement of this amendment to the conservation easement offers o Inclusion of the Coastal Development Permit information that instigated the conservation easements o Reasoning for the conservation easements and reference to the NCCP/HCP o CCC willingness to grant the additional time for the acceptance of the amended conservation easement offers • Agreement o Extension through January 1, 2026 o Confirmation that conservation easement form and content must be approved by the CCC 2 o No further extension of conservation easement offers beyond January 1, 2026 o The CCC Executive Director approval of Grantee (PVPLC) shall not be unreasonably withheld Since the City has been awaiting the state’s review of the NCCP for over three years, the City is conservatively extending the period during which each of the offers may be accepted to January 1, 2026. However, upon issuance of the state permit and responses to specific questions identified in the City’s letter to the CCC (Attachment E), the City will record the conservation easements over the property pursuant to the City’s NCCP/HCP timeline, which is within 90 days of USFWS and CDFW permit issuance. CONCLUSION: Staff therefore recommends the City Council to authorize the execution and recording of a revised Time Extension Amendment to the Conservation Easement Offers for the Ocean Trails Reserve, utilizing the version deemed acceptable by the California Coastal Commission, thereby extending the deadline to record the Conservation Easements from December 16, 2023 to January 1, 2026 to ensure the CDFW issues the City its NCCP permit pursuant to the Rancho Palos Verdes NCCP. This will ensure that the process of recording the conservation easements over the Ocean Trails Reserve is consistent with the City’s NCCP/HCP Plan and avoid disruption of the permitting process. ALTERNATIVES: In addition to Staff’s discussed option, the following alternative actions are available for the City Council’s consideration: 1. Take no action and simply receive and file this report. Such decision will leave the Preservation areas without a Conservation Easement, since the amendment adopted on November 14, 2023 is not supported by the CCC. 2. Take such other action as the Council deems appropriate. 3 01203.0002/939101.4 1 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CALIFORNIA COASTAL COMMISSION 455 Market St Suite 300 San Francisco, CA 94105 Attn: Legal Division AMENDMENT TO CONSERVATION EASEMENT OFFERS This AMENDMENT TO CONSERVATION EASEMENT OFFERS (this “Amendment”) is made by the City of Rancho Palos Verdes, a municipal corporation (the “City”), and is acknowledged on behalf of the California Coastal Commission, a public agency of the State of California (the “Commission”). RECITALS A. Pursuant to Coastal Development Permit Number A-5-RPV-93-005 (as amended from time to time, the “Permit”), the City executed (1) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Los Angeles County Records Office (the “Official Records”) as Instrument Number 97-1990231 on December 18, 1997, (2) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 97-1990232 on December 18, 1997, (3) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 00-1456233 on September 18, 2000, and (4) the Amendment to Conservation Offers recorded in the Official Records as Instrument Number 20181187785 on November 27, 2018 (collectively, the “Amended Offers”). B. The real property dedicated pursuant to the Amended Offers (the “Property”) possesses wildlife and habitat values of great importance to the City, Commission, the California Department of Fish and Wildlife (“CDFW”), the United States Fish and Wildlife Service (“USFWS”), among others, and is part of the Habitat Reserve required to be preserved and managed in perpetuity according to the Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan dated November 19, 2019, (“NCCP/HCP”) and the NCCP/HCP Implementation Agreement (“Implementation Agreement”) to be executed forthwith following issuance of the City’s take permit by CDFW. C. The City is in the process of entering into certain conservation agreements with respect to the Property consistent with the NCCP/HCP and the Implementation Agreement (the “Conservation Agreements”), which agreements would be fully consistent A-1 01203.0002/939101.4 2 with the Permit and the Amended Offers, and has thus requested additional time to finalize and implement the Conservation Agreements. D. The Commission is willing to grant additional time for the acceptance of the Amended Offers on the terms and conditions set forth below. E. The City Council of the City has approved this Amendment at a duly noticed public meeting of the City Council held on _____________, 2023. AGREEMENT NOW THEREFORE, in consideration of the above, of the mutual benefits and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby agrees as follows. 1. The Amended Offers are each amended to be binding on the City and its heirs, assigns or successors in interest to the Property through January 1, 2026. 2. No Conservation Agreement or similar agreement with respect to the Property shall be finalized and recorded without the prior written approval of the Executive Director as to form and content. Any such Conservation Agreement or similar agreement with respect to the Property shall provide the Commission the right of access to the Property, the right to notices and the right to enforce all obligations and all other rights and remedies of the parties under such agreement as described in the Rancho Palos Verdes Municipal Code, Local Coastal Plan, and Coastal Development Permit Number A-5-RPV-93-005. 3. In the event that no Conservation Agreement or similar agreement with respect to the Property has been approved by the Executive Director and has been recorded in the Official Records on or before October 3, 2025, the City acknowledges and agrees that no further extensions would be granted and that the Commission intends to immediately proceed with the acceptance of the Amended Offers by a Grantee. The term “Grantee” under the Offers is hereby defined as the California Department of Fish and Wildlife (as successor-in- interest to the California Department of Fish and Game) and/or any other public or private entity approved by the Executive Director of the California Coastal Commission to accept the Amended Offers. The Executive Director’s approval of the Grantee shall not be unreasonably withheld. Except as expressly modified herein, the terms and provisions of the Amended Offers shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] A-2 01203.0002/939101.4 3 This Amendment is hereby executed on behalf of the City of Rancho Palos Verdes as of the date set forth below. Dated: _________________________, 2023 GRANTOR: CITY OF RANCHO PALOS VERDES, a California Municipal Corporation By: _________________________________ _________________________________ Print name of above Its: _________________________________ ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER LLP _________________________________ William W. Wynder, City Attorney [SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENTS] A-3 01203.0002/939101.4 4 STATE OF CALIFORNIA COUNTY OF ________________ On _________________________, before me, ____________________________, Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A-4 01203.0002/939101.4 5 The Amendment to Conservation Easement Offers set forth above is hereby acknowledged by the undersigned on behalf of the California Coastal Commission when it granted Coastal Development Permit Amendment No. A-5-RPV-93-005, and the California Coastal Commission consents to recordation thereof by its duly authorized representative. Dated: __________________ CALIFORNIA COASTAL COMMISSION ___________________________________ Louise Warren, General Counsel STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On _________________________, before me, ___________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A-5 D-1 RECORDING REQUESTED BY, AND WHJffl' RECORDED, MAIL TO: CITY CLERK CITY OP RANCHO PALOS VERDES 30940 Hawthorne Boulevard 97 1990231 RECORDED/FILED IN OFFICIAL REr.ORoe RECORDER'S OFFICE u " LOS ANGELES COUNTY CALIFORNIA 9 :0l AM DEC 18 1997 Rancho Palos Verdes, CA 90275-5391 (Space Above for Recorder's Use) !FREE IRREVOCABLE OFFER TO CONVEY A CONSERVATION EASEMENT TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME THIS IRREVOCABLE OFFER TO DEDICATE A CONSERVATION EASEMENT TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME is made this 16th day of December, 1997, by the City of Rancho Palos Verdes, ("Grantor"), in favor of the California Department of Fish and Game, ("Grantee") . WITNESSETH: WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, which is described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"), which is commonly referred to as "Shoreline Park"; and WHEREAS, portions of the Property contain Coastal Sage Scrub Habitat ("Habitat") which is of value in the efforts that are being undertaken by various governmental entities, including Grantor, Grantee, and the United States Fish and Wildlife Service, on behalf of the people of Los Angeles County, the people of the State of California and the People of the United States, to preserve certain species including, but not limited to, the California Gnatcatcher, which is listed as a threatened species under the Federal Endangered Species Act; and WHEREAS, pursuant to the ocean Trails Residential and Golf community coastal sage scrub and sensitive species Habitat Conservation Plan (the "HCP~) and the related Implementing Agreement ("Implementing Agreement•) among Palos Verdes Land Holdings Company, Zuckerman Building Company, the United States Fish and Wildlife Service (•USFWS"), the California Department of Fish and Game ("CDFG") and the City of Rancho Palos Verdes, Grantor is to dedicate a conservation easement to Grantee as set forth herein, subject to the terms and conditions set forth below; and WHEREAS, pursuant to the HCP and the Implementing Agreement, Grantor also is to convey a license agreement to the developer of the Ocean Trails Project to enhance and maintain Coastal Sage 970923 R6876-01Cl0 pjn 0691992.006 ~"l;.::.-_.:'. _'.:: • v. ' . fur· :-1'(:;; ' ·tr,: . D-2 Scrub Habit.at on twenty-one of the acres of said Property, as described in the HCP and the I· •lementing Agreement; and WHEREAS, pursuant to Fish and Game Code Section 1802, .. Grantee--has-jurisdi-etion-over-•-the-cooserv.atj,gn,,___pro_~ection and management of fish, wildlife, native plants and the habitat necessary to sustain said species; and WHEREAS, Granter intends, as the owner of the Property, to convey to Grantee, the right to preserve and protect the Habitat in perpetuity as set forth herein; and WHEREAS, Grantee agrees upon accepting this grant to honor the intentions of Granter stated herein to preserve and protect in perpetuity the Habitat located on the Property for the benefit of the species, this generation and the generations to come; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, condition~, and restrictions contained herein, and pursuant to the laws of the State of California, including Civil Code Section 815, et seq., Granter hereby offers to dedicate to Grantee a conservation easement in perpetuity over said Property of the nature and character and to the extent hereinafter set forth (''Easement"). 1. Purpose. It is the purpose of this Easement to assure that, except for certain trails that are specified in Grantee's conceptual Trails Plan and the conditions of approval of the Project including, without limitation, the Coastal Permit that was issued by the California Coastal Commission (A-5-RPV-93-005- A6), the Property will be retained forever in a natural and open space condition to prevent any use of the Property that will significantly impair or interfere with the Habitat located on the Property. Granter intends that except as provided herein, this Easement will restrict the use of the Property to open space and such activities including, without limitation, those involving the preservation and enhancement of native species and their habitat in a matter consistent with the habitat conservation purposes of this Easement and the provisions of the HCP and the Implementing Agreement. 2. Rights of Grantee. Easement the following rights acceptance of this Easement: To accomplish the purpose of this are conveyed to Grantee upon (a) To preserve and protect the Habitat located on the Property; (b) . To enter ipon the Property at reasonable times to monitor Grantor's compliance with and to otherwise enforce the terms of this Easement; provided that Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; 970923 R6876-0l010 pjn 0691992.006 - 2 -97 1990231 1 D-3• (c) To prevent any activity on er use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of suer ,reas cf the Property that may be damaged by any inconsistent act~vity or use; (d) All mineral, air and water rights required to -protect and-sttt.tain the biological resources on the P-roperty; and (el All present and future development rights to develop the property for residential, institutional, commercial, agricultural or industrial purposes. In addition to the foregoing, this Easement recognizes: (1) that Grantor will be recording a license agreement in favor of the developer of the Ocean Trails Project which will allow said developer and its agents to create, restore, maintain and revegetate Habitat on the Property, as set forth in the HCP and Implementing Agreement, and (2) that the Staff of the California Coastal Commission may enter the Property for purposes of determining compliance with the conditions of approval of the Coastal Permit that was issued by the Coastal Commission for the Ocean Trails Project (A-5-RPV-93-005-A6). 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this Easement is prohibited. Without limiting the generality of the foregoing, unseasonal watering, the use of herbicides, rodenticides or weed abatement or fire protection activities, in a manner which would endanger, remove or adversely affect the Coastal Sage Scrub Habitat located on the Property are expressly prohibited. Grantor shall undertake all reasonable actions to prevent the entry into the Habitat areas located on the Property by persons whose activities may degrade or harm said Habitat includ~ng, but not limited to, the installation of fences around the Habitat. In addition, Granter shall not authorize the use by Grantor, Grantor's agents or any third party of off-road vehicles, grazing or surface entry for exploration or extraction of minerals. 4. Reserved Rights. Grantor reserves to itself, and to its representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Easement, including the use of the trails set forth in Grantor's Conceptual Trails Plan or referred to in the Coastal Permit that traverse a portion of the Property. In addition, Grantor further reserves the right to maintain and improve the trails referred to in this Paragraph 4, and to undertake or perfcrm other maintenance or improvements which will maintain the stability of the Property or the trails. Any such activities by Grantor will preserve and protect the Habitat located on the Property to the greatest extent practicable, and if any of the Habitat is to be damaged or 170923 R6876-01010 pjn 0651992.006 - 3 - 97 1990231 I - D-4 destroyed by virtue of said activities of Grantor, Grantor shall comply with the environmental laws applicable to the particular work, obtain any applicable permit(s) or authorization(s) from Grantee and/or USFWS to perform ~he work, and shall replace or restore said Habitat, in the sah. location, elsewhere on the Property, or on other portions of Shoreline Park, in accordance with the replacement standards prevailing at that time. 5. Grantee's Remedies. In addition to any and all remedies available to Grantee in law or in equity, Granter intends that the remedies set forth in this Paragraph 5 shall be available to Grantee and to USFWS, as an expressly identified thir.d party beneficiary of this Easement. If Grantee determines that Granter is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Granter of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Habitat resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property or Habitat so injured. If Granter fails to cure the violation within fifteen {15) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within the fifteen {15) day period, fails to begin curing such violation within the fifteen {15) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. If Grantee, in its sole and reasonable discretion, determines that circumstances require im.~ediate action to prevent or mitigate significant damage to the Habitat, Grantee may pursue its ramedies under this paragraph without waiting for the period provid~d for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Granter agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereaf~er existing at law or in equity. Furthermore, the provisions of Civil Code Section 815, et seq., are incorporated herein by this reference and this Easement is made subject to all of the rights and remedies set forth therein. If at any time in the future Granter or any subsequent transferee uses or threatens to use the Property for purposes not in conformance with the stated conservation purpose contained herein, notwithstanding Civil Code Section a,.5, et seq., the California Attorney General, 970923 R6876-0l010 pjn 0691992.006 -4 - 97 1990231 -.--·· . -.;" :.;•::. t w,, :1~·· - :~.r:.ff~:.· ·'.;; ' ~~r.: D-5 the United States, acting through the USFWS, or third-party entities organized for conserv~tion purposes have standing as interested parties in any proc 1ding affecting this Easement. 5.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of th,i._1:1 Easement a_gainst Grantor, inc:l\ioTng; wi[liout limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's negligence or violation of the terms of this Easement shall be borne by Grantor. s.2 Grantee's Discretion. Enfo1.cement of the terms of this Easement shall be at the sole discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Granter shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as~ waiver. 5.3 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Granter for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6. Fence Installation and Maintenance. Grantor shall install and maintain a fence around the Habitat where necessary to protect it. 7. Access. This Easement is not intended to convey general right of access to the Habitat located on th~ Property to the public; however, access for SC'ientific research and interpretive purposes shall be reserved to Grantee, USFWS or their designees. a. Costs and Liabilities. Granter retains all responsibilities and shall bear all costs and liabilities of any kind, including transfer costs, costs of title and documentation review, expenses incurred from other State agency reviews, and costs related to the ownership, upkeep, and maintenance of the Property. 8.1 Taxes. Grantor shall pay before delinquency all taxes, asse.ssments, fee.:, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 970923 R6876-01010 pjn 0691992.006 -5 -97 1990231 .. . rj~};tf?: (• :-:.: D-6 ,_ ~· ..... 8.2 Condemnation. The habitat conservation purposes are presumed to be the best and most necessary public use as defined in California Code of Civil Procedure Section 1240.680, notwithstanding California Code f Civil Procedure Sections 1240.690 and 1240.700. 9. Assignment. This Easement is transferable, but Grantee sha.TI~not assign -modify or -abandon it&-r-ight.s-ancL.obligationa ______ _ under this Easement without the prior Wl.·itten consent of the USFWS. Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under California law, Civil Code Section 815, et seq., (or any successor provision then applicable). As a condition of such transfer, Grantee shall require that the conservation purposes that this grant is intended to advance will continue to be carried out and notice of such restriction shall be recorded in the Office of the Recorder of Los Angeles County. Grantee shall give Granter and USFWS at least thirty (30) days prior written notice of the proposed transfer; Granter and USFWS each have the right to object to such transfer, provided such objection is transmitted in writing to Grantee within fifteen (15) days of receipt of the written notice from Grantee. 10. Subsequent Transfers. The terms, covenants, conditions, exceptions, obligations and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Granter and the Grantee, whether voluntary or involuntary. Granter agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Granter divests itself of any interest in all or a partier. of the Property, including, without limitation, a leasehold interest. Granter further agrees to give written notice tc> Grantee and USFWS of the intent to transfer any interest at least fifteen (15) days prior to the date of such transfer. The failure of Granter t:) perform any act required by this para3raph shall not impair th~ validity of this Easement or limit its enforceability in any way. 11. Estoppel Certificates. Upon request by Grantor, Grantee shall within fifteen (15) days execute and deliver to Granter any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as may be requested by Granter. 12. Notices. Any notice, demand, request, consent, approval, or communicatio11 that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: 970923 R6876-01010 pjn 0691992.006 - 6 -97 1990231 ,#( i't :;,, ., i! _, D-7 To Grantee: To Grantor: To USFWS: Department Region 5 330 Golden Long Beach of Fish and Game Shore, Saite 50 CA 90802 Department of Fish and Game Legal Affairs Division 1416 Ninth Street, 12th Floor _P .. 0 •. Box---944209----------------·---------- Sacramento, California 95814-2090 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: City Manager Field Supervisor Unites States Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, California 92028 or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Granter shall record this instrument in timely fashion in the official records of the Office of the Recorder of the County of Los Angeles, State of California, and shall immediately notify Grantee through the mailing of a conformed copy of the recorded offer of dedication of the easement. Grantee may record it at any time as may be required to preserve its rights in this Easement. 14. General Prc,visions. (a} Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of the State of California. (b} Liberal Construction. Any general rule of construction to the contra~, notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purposes of this Easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found t.o be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. ~- •:-'; (c} Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or 9~0923 R6876•0~010 pjn 0691992.006 - 7 -97 1990231 ~'.~).:t.': i_: .. D-8 circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (d) Entire Agreemeut. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the -Easement, all .of which . ._ar~ merged---· herein. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The term "Granter", wherever used herein, and any pronouns used in place thereof, shall mean the above-named Granter, its heirs, successors, assigns, affiliates and designers. The term "Grantee", whenever used herein, and any pronouns used in place thereof, shall mean and include the above- named Grantee and any successors and assigns, and the USFWS as a third party beneficiary identified in this Easement. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Modifications. Any alterations, changes or modifications of or to this Easement, including any attempt tc abandon or release the Easement, to be effective, shall require the prior written approval of USFWS, shall be in writing and shall be executed by Granter and Grantee. Any such amendment shall be recorded in the official records of the County of Los Angele!:l. (j) Validity. If any portion of this instrument is held to be invalid or for any reason become unenforceable, no other provision shall be thereby affected or impaired. 15. Benefits and Burdens. This offer shall run with and burden the Property, and all obligations, terms, conditions and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective 970923 R6876-0l010 pjn 0691992,006 -8 -97 1990231 ~.~·· ,-;, ... ~-·' :-. ~:: :· .. ~ ... ' I . I D-9 limitations on the use of the Property from and after the date of recordation of this document -nd shall bind Granter and all succeasors and assigns of Gra-·:or for a period of twenty-one (21) years. 16. Term. This irrevocable offer of dedication shall -1,e binding-upon-Granter ·and-its-heirs, -assigns-or successors -in interest to the Property for a period pf twenty-one (21) years. Acceptance of this offer is subject to a covenant which runs with the land, provided that Grantee may not abandon it but must instead offer the easement to other public agencies or private associations for the duration of the term of the original offer to dedicate, in accordance with the provisions of Section 9 above. The grant of easement, once accepted, shall run with the land and shall be binding on the owner of the Property and its heirs and assigns·. E':!uted on behalf of~the c;ty of Rancho on this /~4 day of ¼tw 43 , , 1997, Palos Verdes, California. GRANTOR Palos Verdes at Rancho CITY OF RANCHO PALOS VERDES ATTEST: Approved as to form: By: ~,~-t:-6 Carol W .yn.. City Attorney City of Rancho Palos Verdes 970923 R6876-P1010 pjn 0691992.006 - 9 -97 1990231 • 7 I D-10 State of California } } County of ~ ¥¾1/ On j{J,I'!, lie , 19 h'-..,_,, ss. Notary_Pub.lic,. personally appeare_d __ ~~~~2.:!.~.:..,__~t-&:~~!:::::------- __ , personally known to me (or proved to me on the basis of satisfactory evidenc~) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/she/lhey executed the same in-his/her/their authorized capacity(ies), and that by -his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (seal) State of California } } ss. County of ___________ } toe e • a e :~• • e J ~ @ Ca111Mo11t ll29735 i l . ----~ lcl~C:CU-,, htvC-on'm _,..Ma 11, 2001 ............ l On ______ , 19 _, before me, __________ _, a Notary Public, personally appeared ____ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authoriud capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whicu the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ________ _ (seal) 970923 R6876-01010 pjn 0091992-006 97 1990231 10 D-11 SCHEDUL-.-OF EXHIBITS A. Legal Description of Property Subject to Easement That certain parcel of land situated in the City of Rancho Palos Verdes, County of Los Angeles, State of California, being that portion of_ Lot 98 of L.A.C.A. No. 51 as shown on a map recorded In Book 1, Page 1 of Assessor's Maps !n the Office of the County Recorder of said Los Angeles County, described as follows: COMMENCING at the northeasterly comer of said Lot 98; thence along the southeasterly line of said lot South 26° 44' 33" West 10. 70 feet to a line parallel with and 10.00 feet southerll, measured at right angles from the northerly line of said lot; thence along said parallel line North 64°0T 21" West 107.02 feet to a line parallel with and 100.00 feet northwesterly, measured at right angles from said southeasterly line and the TRUE POINT OF BEGINNING ; thence continuing along first said parallel line and along a line parallel and/or concentric with said northerly line through the following courses: North 84°07' 21" West 415.12 feet to the beginning of a tangent curve concave southerly and having a radius of 960.00 feet: thence along said curve westerly 345.49 feet through a central angle of 20°37' 12": thence tangent from said curve South 75°15' 27" West 154.12 feet to the beginning of a tangent curve concave northerly and having a radius of 1040.00 feet; thence along said curve westerly 40.68 feet through a central angle of 02°14' 29" to the northwesterly line of the land described in a Grant Deed to the County of Los Angeles, recorded January 24, 1958 as Document No. 1592 in Book 56427, Page 158 of Official Records in said Office of the Los Angeles County Recorder; thence leaving said parallel and/or concentric line, non-tangent from said curve along said northw9sterly line South 3~ 0 38' 07" West 66.52 feet; thence South 07°25' 00" East 127.23 feet; thence South 43°55' 00" West 199.86 feet; thence South 51°25' 00" West 213.50 feet to said northwesterly line; thence along said nCirthwesterly line through the following courses: South 35°38' 07" West 280.80 feet; thence North 54°21' 53" West 194.26 feet; thence South 14"56' 57" West 279.44 feet to a pcint hereinafter referred to as Point •A•; thence continuing South 14°56' 57'' West 237.16 feet; thence leaving said northwesterly linLi North 62°45' 00'' East 599.84 feet; thence South 71 °05' 00" East 62.33 feet; thence North 83°10' 00" East 305.00 feet; thence South 80°45' 00'' East 236.00 feet; thence South 27°00 00" East 115.00feet; thence South 57°00 00" East 59.12 feet to said line parallel with and 100.00 feet northwesterly measured at right angles trom· said southeasterly line of Lot 98; thence along said parallel line North 26°44' 33" East 1104.34 feet to the TRUE POINT OF BEGINNING. !/ 97 1990231 97092] R6876-01010 pjn 0691992.006 D-12 ~~□EC i e 1997 -97 1990232 RKCOIUlXNQ ~KQUl811D ~Y, A>IO WW&H RIC0IU)ll), NAIL 'l'O 1 HtC:OHOEP(./'ILl·:n IN iJi'fo(:i;,1 :~COid)•· llf.COllDl'll'H Ol'l'ICI· " LOS ANOl:l.ES COUNIY CAI.IFOflNIA CX'l'Y CtllUt CX'l'Y or RANCHO ~ALOD VWIU>IS 30940 H•wthorn• »oulMv•rd 9:0lAM DEC 18 1997 a.».clw Palo ■ V•rd•■, CA 90275"5391 ff.REE IRREVOCAllL~J Or'~'ER 'l'O CONVl:JY A CON9ERVATXON l::A.9!.MEN'r '1'0 Tlll:l CALIFORNIA DEPARTMJ::NT OP IIXSH A.NU GAME 'l'HXS IRREVOCABLE OF'r'ER TO DEUICATE A CONSERVA'l'ION EASEMENT 'l'O TIii, CALU'ORNIA 1)£l?AR'l'MENT 01" f'ISII AND GAME ill made thill lGth day of December, 1997, by the City of Rancho 1?111011 V1n·da11, ( •Gnntoi·•), in l:11vot· of the California Uepartment of l•'ish und Game, ( "Gi·ante1:1 11 ) • WITNJ::SSE'l'll 1 Wll1':REAEJ, (h·antoi· ia tho aole owne>: in fee simple of cei·tain i·eal pi·opei·ty in the City of Rancho Paloa Verdeu, Count:y of Loo Ang1.1le11 1 !ltate of California, which ia de13odbed in Exhibit "A" attached hanto and incorponted hei·ein by thio ret:ei·enoa (the "Pt·operty"), which ill commonly i•eferred to aa the •Switchback" property, and WHl:lREAS, portions of t.he P1·opei·ty contain Coa11tlll Sage Scrub Habitat (•Habit:at•) which iu ci: value in the 11ffo1·tu that are being undertaken by vad.ou11 governmental entitie11, including Oran tor, Grantee, and the Unit.ad States Pish and Wildlife Se1·vice, on behalf of the people of Loa Angeles County, the people of the St~ta of California and the People oft.he United States, to pre1,e1·v11 certal.n apeoies including, but not limited to, the California Gnatcatoher, which is listed a11 a thra.tened apecie11 under th~ Federal Endangered Spedes Act, and WIIERl:1AB, pur:suant to the ocean Trails Reaidenth,1 and golf ~ni..i;y_ coastal sage scrub and sensitive specj.ea Habitat s;onaervation Plan (the •HCP") and the related Implementing Agreement ("Implementing Agreement•) among Palo61 Verdes Land Holdings Company, Zuokerman Building Company, the United Statea Fish and Wildlife Service ( "USFWS"), the California Department of Fish and Game ("CDFG") and the City of Rancho Palos Verdes, Granter is to dedicate a conservation eaaument to Grantee as a•lt . forth herein, subject to the termo and conditions set forth below, and WHEREAS, pursuant to the HCP and the Implementing Agreement, Granter al110 is to convey a license agreement to the developer of the Ocean Trdla Project to enhance and maintain Coastal Sage nous a.u7'-ou10 pju ouuta.001 . ./ K] -00 D-13 DEC_l B 1'97 Sai·ub Ila bi tat on twanty•ona of tlm aa1·es of 11aid l11·opa1·ty, u1 d1111orill11d in cht1 HCV and cha Impl11menting Ag1·e11m11nc, and Wlll:!RL!l\!l, punmanc co Fhh and Clame Coda Sect.ion 1002, G1·anttia hau :l111·isdiution ovo1· the aon11e1·v111:ion, pi·oteccion and management: of f!tih, wilcUif:e, native pl.ant& and thl!I habitat n110111111111·y to 11u11tllin 1111id 111nwie111 and WIIERl:lAS, onntor int11nd11, a,,1 t:h11 own111· of the Pi·operty, to convey to Gnn1.:e11, th11 dght to p1·a11e1·vo and prot11ct th• Habitat ill pfl1·petuity 1111 ■et: forl:h h1u·11in1 aud Wlll::Rli!AS, G1;·11nto11 agr1111e upon aaaepting this grant to hono1· t:h11 i11t11ntion11 of Granter 111:ated henin to preoerve llnd protect in perpetuity the Habitat: J,oaatud on the l11·operty foi· tht1 benefit: of the 11peci&11, Chia yene.ro.t:ion and the genuat:ionu co come, NOW, 'l'llllRIWOIU,:, in conuidention of the abova and the mutual covenante, t:enne, condJ.tio1111, and re11t1·i.ationa oont:ain11d herein, :n:! p~=-=~=~: t:: th~ le-::= !!f th~ ~t~t~ ~J tJ~1lfi,!"~!~: i.~oluding Civil Code S1rntion 81!.i, ~ .. Grantot· henby offeru to dedicate to oi·antee a conliei·vation ea11em111\t in pe1·petuity ovar said P1·0111n·ty of the nat:u1·e and oh11raota1· and t:o the extent heninaftei· HI: foi·th ( •r.:asemant•). 1, Pui,:poaa. It ia the pui·po11e of tllie F.aeement to aeriun that, exae11t fo1· the Paloli Verd1111 Ddve Eaut street right-of-way and appui·tanant di·llinage flloil iti1111 and certllin t:1·ails that ur.e epecifi.ed in Gi·antea' s 001rneptual Traila Plan, tha Propai·ty will be retained fo1·evo1· in a natu1·11l and open apace condition t:o prevent any usu of tho Property that will eignifioantly tn1p!'.ir or interfere with t:he Habitat located on the Prope1·ty, Gnntor intends that excupt as pi·ovided herein, this E.isement will restrict the use of the Property to open apace and such activities including, without limitation, thous involving the (lreeervation and enhancement of native species and their habitat in a n>atte1· conaietent with the habitat conuervation pu1·poaea of t.hie Eaaement and t:he pi:oviuio1111 of the HCP and the Implementing Agreement. 2. Righto of Qran.t.e.11, To accomplish the purpose of thiu Easement the following right11 are conveyed to Grantee upon acceptance of t:hiu Easement, (11) To preserve and protect th11 Habitat located on the Prope:a:t:y, (bl To ent11r upon the Propert.y 11t reasonable times to monitor Granter's compliance with and to otherwise enfo1·ce the term11 of this Easement, provided that: Grantee shall not unreasonably interfere with Grantor's uae and quiet enjoyment: of t:he Property, 1701U Ul'Jl•OHIO tiJjn OUlH2,DOI " .I - I I -00 I D-14 (rJ) 'l'o pn1vont any 11u1·.ivit.y on 01· u1u1 of t:ha 11 1·ope1·ty th11t: i11 innon11i11tent with the purpo11a11 of thi11 l::awanumt: and t..o xequfre the nu1t:on1·.io11 o{ suoh ;u·ea1,1 of thil 111·op11~·t:y that: may lle d111naged lly any inuo11ui11tt111t: aut:ivity 01· uue, (d) All mineral, ah· and watei· dght11 requinid to pi·otect and 11u11tain the lliolog:lcal 1·c.tsou1·ue11 on thtt 11 roperty, and (el All pre ■ent and future development dghts to develop the p1·opa1·ty !'01· nsident:illl, in11titut:ional, commei·oial, aw1·icultu1·al 01· industl'illl purpo1H1s, Xn addition t.o tho fongoing, t.hiu l;lasement i·eoognhu 1 (l) that Guntar will lla reuoi·ding a liuena11 agrllllmant :ln favor of the developer of the Ocean 'l.'rail11 Project which will allow ull!d develope1· and its agentu to 01·e1tta, re11t01·e, maintain and revegetate Habitat on twenty-one aoreu of the l'rop111·ty, aa 1111t foi·t:h in the HCP 1111d Implementing Ag:i.·eement, and (2) that th11 Staff of the California coa11tal Commisaion may enter the Prot11uty f::::-j:~~~•=• ::: d:t::mi~i:!; ::~;:li:~:: ~ith th: :e~:!iti=~= =f appi·oval oC the Coastal Pinmit tha.t waa issued by the Coa11t:al Commi1111i0n for the Ocaan Trails P:i.·oject (A"5 .. RPV·93·005•AG), 3. r1:ohibitcd ueee. Any activity on 01· uPe of the l.'i·opli'rty inoo1111iutent with the habitat conue1·vat:ion pu1·poae11 of thi11 Eauement ill p1·ohillited, Without limiting the gene1·ality of the foregoing, un11easonal watet·ing, th11 use of horllicideo, r0dentiCJide11 or weed abatement: or fira protection act.ivit:ies, in 11 manner wh.tch would endanger, remova or adversely affect the Coastal Sage Scrub Habitat located on the Property are expresuly prohibited. Grantor shall undertake all reasionable aotiom1 to pt·event the ent1·y into the Habitat areas looated on the Property by peraonli whoue activities may degrade or ha1·m aaid Habitat including, but not limited to, the installation of fenceo u·ound the Habitat, In addition, G1•anto1· shall not authori:l:a the use by Granter, Grantor's agents or any third party of off-road vehiolea, graaing or surface enti·y for exploration 01· exti·action of mineral ■, 4, Reearved Riqb.tJI., Granter reearves to itself, and to it11 repreoentativee, heirs, euocesaors, and a11aigns, 1tll rights accruing from its ownenhip cf the Property, including the right to engage in or permit or invite other& to engage in all uaea of the Property that are not expre11sly pi·ohibited herein and 111·11 not inconoistent with the pu1·p0aea of thia Easement, including the uae of the Paloa Verdes Drive Bast street right-of-way and the two pedestrian trails set forth in Grantor's Conceptual Trailu Plan that traver11e a portion of the Property, rn additl,on, Granter fui·ther ro11erves the right to maintain und improve Palo11 Verdeu Drive East and the drainage facilities appurtenant thereto, the pedestrian trailo referred to in this Paragraph 4, and to undo,rtake or pe,:-form other maintenance or improvements which will maintain the atability of the Property or the street right-of-way, Any Buch activities by Granter will preserve and no,as AU'll•O1010 pjn OIUtJa,O01 - J - -00 I I ■ D-15 □ECt 8 1'-17 lie-------~ !.. ' prnt:twt: tho ll11bitat: looatt'd on the 111·op111·ty to tha g1·aat:a11L ext:trnt 11notic11ble, and if 1111y of tho ll111lit:at i11 t:o be d11in11g11d 01· dcuit.rnyed by vh·t:ua of uaid 11ctivit!ee of (h•1.u1t:01·, G1·11ntm· 11hall comply wich the 1mvh·o11mentlll lawe applicablfl to the pu·tioul111· wo1·k 1 obtain any 11pplic11ble pe1·mit: (11) 01· authodv.at:ion (el fro111 G1·1mtee and/or USl•'WS t:o pedoi:111 the wm·k, olnd nhall replace 01· 1·e11to1·e 111lid Habitat:, eithe1· in the 11111110 location 01· alsewhere on the 1•1·ope1·ty 1 in 11cco1·d1111011 w.1.1:h l:h11 nplacemant atanau·da prevailin~ at that: time. 5, prantoe•e nemediea, In addition co any and au 1·emedie11 available to Gnnt:ee in luw 01· in equity, Gr1mto1· intendu that: the rem11die11 11111: fo1·th in thi11 11 ang1·aph !i 11h11ll be availablo to or,rnteo and ta us~•ws, 1111 an expn ■Bly ,i.dent:ll!ied thh·d party benefioi1uy of thill ~:aaament, If Gr11ntee determi111u1 that Clrantor !.u in violation of tho tel:ms of this l:!aaement: or t:hat a violation i11 thrS11ten11d 1 Grantee shaU give w1·itte11 notice to Grant:01· of 11uoh violation and dam11nd cmn·entive action 11ufficient to cure th11 violation and, where the violation inv~i~~~ !~j~ry t~ th~ H~h!tet ~:=~lti~; f~cm •nr w•~ v• Mwtivity incon11illt.ent with the pu1·po11e of thi11 Eaa11ment, to 1·eat:ore the port:ion of the Property 01· H11bitat 110 inju1·ed, Xf 0x-ant:01· failu to 011\'e the violation within fifteen (lS) d11y11 11fte1· receipt of not:ii::o thereof h·om Grantea, or unde1· ch·cumetanue11 whe1·e the violation cannot 1·aa11onably Ila cu1·11d within the fift:een (15) day pedod, fail11 to begin cul'ing ouoh violat:ion within the fifteen (15) day period, or fail11 to continua diliaently to cure ouch violation unt:il finally cured, Gl·ant:ee may bdng an action in a cmul·t of compatent judadiction to anforce tha terms of thill Eaaement, to enjoin the violation, ex parte ail neceasa·ry, by temporax·y 01· permanent injunction, and to require the -;,·esto;,'ation of tha Property to the condition that exiated prior to any auch injux-y, If Grantea, in ita aole and raaeonable diacrat:ion, detarminee that cin1umatance11 require immediate action to prevant 01· mitigate significant: damaga to tha Habitat, Grantee may pur11ue its remediea undar thia pai-agraph without waiting t'or the pei·iod px-ovidod fo1· cure to oxpire, Grantee' a dght11 under this paragraph apply equally in the avant of aither actual or threatened violations of the terms of thi11 Easement, and Granto1· agreea that Grantee' 11 remedie11 at law for any violation of the tarma of thia Eaoemenc are inadequate and that Grantee shall be entitled to the injunct.ive relief described in thill paragraph, both prohibitiva and mand11tory 1 in addition to such other relief to which Grantee may be entitled, including specific perform1mc11 of the terms of this Saoement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remediea, Grantee's remediea aeacribed in th.I.ii paragraph shall be cumulative and shall be in addition to all remedies now or ha1·eafter existing at law 01· in equity, Purt.hermore, the provieion11 of Civil Code Section 815, ~., are incorporated herein by thie reference and this Easement ia made subject to all of the righta and 1·em11di1111 set forth therein, If at any time in the futura Grantor or any subsequent transferee uses or threatens to use the Property for pu1-poaea not in conformance with the notu u111~01010 pjn ouuu.001 -" - I --·~--- -CID I D-16 •-----------------OEC t 8 1"7 • 11tat11'1 oon ■,n-vat:J.on t1ur11011 ■ containe'1 herain, 11otwith11t:a11ding Civil Code Section !ll!i, .e.t....ll.lW,, thll Cdifon1ia Atto1·n11y Cle11en1l, t:ha United Statao, acting t:h1·ouah t:ha us~•wo, 01· thh·d•poi·ty 11ntit~a11 01·qanh11d foi-con11e1·vat:i.011 purposeu have st&mrling au intunwt11d 1110:t:ie11 in any 11roce11din11 affecting thia l:lauemaut;, s .1 CQJl.t.JI gf Epforoemimt, Any cout11 i11ourr11d by Onntee in 11nfo1·oin11 tha te1·ms of thili l:laaemant: againat On11t.or, including, without limitation, co11t1J of 11uit and atto1·ney11' feeu, and any C101i1tu oC 1·e11torati.on n11ce ■sitatad by Clrantor' 11 negligence 01· viola.1:ion of th ■ t ■rma of Chi ■ &as ■ment 11hall Ile borne by G;rantoi•, s , 2 Grantee' u Dieoret ion, Bnforcament of: tha te1:ms of thi11 •:iu111ment 11hall be at the ■ole discn1t.ion of G1·11ntea, and any t:01·b111ramJ11 by Gnntee to 01uu·oi1111 il:11 rightll unda1· this li:a ■ement in tho event of any breach of 1my t:111·.n of thiu 1:la11em11nt: by Gnntot· 11hall not Ile daemed 01· con11t1·ued to ba a waiv111· by Gt·antee of 11uch tu·m or of any aub11equent: breach of thu 11ame 01· --a• _,_ ... _...,. ►---~ ._L,..l-'"---•---._ --_,m -----~ -------"--_J -L.__ -uz ~'" .. ._..., ..... .,,u '"'., ~11.a.• a;;i••cnncun. u,. _,_ Rnr ,.u. \a.l.11101..1:n:r· • ,5-.1,~n\.• u11d111· thi11 r.:aaament, No delay or omission by 01·ant:11e in the exarciae of any right ot· 1·emedy upon any bn1ach by Gnntor 11hall implli1· such l'iljlht ot· remedy or be conutrue'1 ■11 a waiver, !i, l lw.t.lL Qeyong Gnntor' e Contl"Ql. Nothing contair,ed in t:hiri l::a11ement 11hall be con11trued to 11ntit:l11 G1·11nt1111 to bring any action againet Granter fot• any injut·y to or change in the Property 1·11sul ting from 11au1111a bayond Gt·antot·' 11 control, including, without: limitation, fire, flood, storm, and ea1·th movement, or from any prudent action takan by Granto1· undar amergenoy conditiona to pt·avent, abate, or 11d.tigate llignific1111t injury to the Property reault:ing ft·om 11uch cauuee, 6. ~ Xnat.al lation and Maintenanc~. Granter shall in11tall and maintain a fence ■round the Habitat where nece1111ary to protect it, 7, ~, 'l'hia Ea11em11nt ia not intended to convey ganenl 1·ight of acc1111a to the Habitat located on tha Proparty to the public, however, accasa for scientific research and interpretivo purposes 11hall be reaerved to Grantee, USFWS or their de11ign111111, e, Costa and Liabilitiee. Granter rataine all rasponsibilitiee and shall bear all costs and liab:Uiti.oe of any kind, including transfer costs, costs of titla and documentation review, expenses incurred from other State agency reviews, and costs related to the ownership, upkeep, and maintenance of the Property. 8 .1 ~. Grlllltor shall pay bBf.ore delinquancy all taxae, aeBeu11ments, fees, and charges of whatever description levied on or assessed against the Proparty by competent authority (collectively •taxes•), including any taxes imposed upon, or 110U,, M171 11 0HIO pju OHUta,001 • 5 • _, QO ij I D-17 PECJBJ,W ---------------------- .inaun·ed 11111 a 1·a1i1ult of, 1:hie l:!1111amant, anti 11hllll fu1·ni11h Cl1·ant11e with u11ti ■faCJt:01·y avid11nCJo of paymant upon niqu1111t, 8, 2 conqeronatip11, Thll hal>itat oon1111i·vatio11 !)Ul'l)()ll1111 111·e pi·eaumed t:o be tho 1.,eul: .1nd rnout 11ece1111,n·y public u11e 1111 defined in California Code of Civil Procedur~ Section 1240,680, notwitl111t11nding California CcdM of Civil i1~·0CJ11'1ui·ll Uuctionu 1240,690 11nd l:140,700, 9, Awtignment. 'l'hill E:a11emant ill t.1·an11ftu·able, but Gi·11nt1111 1i1hall not aa11ign modify or abandc,n it11 i·ight11 and obligntionu undar thia ~~auement wit,hout tho pdoi· wdt:ten conaenl: of the USl•'WS, Oi-ant11e may 1111sign its rights and obligat.ions under thi11 l::a1111ma11t only to an m·gauhat:ion that iu a qualifiad 01·ganha1:io11 al: the time of ti·aneftn· unde:i: Section l'/0 (h) of the Internal Ravenua Code of 1954, au amended (oi· any i1ucao111101· proviaion th11n 1,1pplicnble), and the applicable ragulation11 11:a:omulgated t:hai·eunder, and aut.hod11ed tu acqufra and hold oon11e1·v1,1tion •••■manta under California law. Civil Coda S ■ot:ion QlS. et aea .. (01· any aucce111101· p1·oviai.on then applicable) . Au a condltio11of auah t1·ansfe1·, orantae ahall 1·equh·e that: the coneervatton pu1·po11oa that thi11 grant: i11 intended to 11dvance will continua to be can·ied out: and notioe of 11uoh 1·e11t::dotion shall ba recorded in t:he Office of the Reoo1·de:t· of Lo11 A11nele11 county, Grantee ehall give G1·antox· and USPWS at lea11t thi>:ty (30) day& pdor written notice of the p1·opo11ed t1·ansfer I Gnnto1· and US~'WS eaoh have tho right to object to "uoh tnnafer, p1·ovided such objeotion i11 tnnumitted in wdting to Gnntae wit.hin fifteen (15) days of 1·ec11ipt of tha written notice from Grantee, 10. subsequent~. 'l'he tex111e, covenantlil, conditions, exceptione, obligations 1,111d relile1·vat:iona contained in thill Offer shall be binding upon and inux·e to the l.>enefit of the auooes1ior1.1 and asoigns of both tha Grantor and the Grant:ee, whether voluntary or involuntary, Grantor agrees to incorporate the terms of this Easement in any deed or other lagal instrument by which Grantoi· divests itself of any interest in all or a portion of the PropBrl:y, including, without limitation, a leasehold intenat, Grantor further ag1·ees to give written notice to Gt·antea and USFWS c:,f the intent to transfer any ir1.te1·eet at least fifteen (15) day11 prior to the date of such tran11fer, The failure of Granter to perform any act required l>y this paragraph shall not impair the validity cf thi11 Easement or limit it11 enforceability in any way, 11. Estoppal Certifioatee. Upon request by Granter, Grantee shall within fifteen (15) dayo execute and deliver to Granter any document, including an e11toppel certificate, which certifies Granl:or'e compliance with any obligation of Granter contained in this E1,1aement and otherwise evidences the status of thia Easement as may be requested by Grantor. 12. Notices. Any notice, demand, reque11t, consent., approval, or communication that either party deaire11 or is l'JOtaS IH'll•HOU pjD 01111'112,00S • 6 • 1 • -00 I D-18 11 II !I " DECJ81'97 !_ n1quired to giv11 to t:h11 ot:11111· whall be in wdting and 11ithe1· ■111·ved panmnallr 01· a1mt. by fh·11t ol!Ulil mail., po11ta1111 p1·1tpiiid, addre ■ued 1111 fol owo, To Grantua, 'l'o Gran tor, To USf'WSt Dap111·t:m1111t of ~•i ■h and G111nu Region 5 330 Golden Shoi·o, Suite !iO J.,Qng Buach CA 90802 l.le1)a1·tment: of Piuh and Gama Lflgal Affairo lliviuion 1416 Ninth St1·e11t, 12th ~•1001· P.O. llox 944:109 Sacramento, C11,lifo1·11la 95814 •·2090 City of Rancho l'aloa v,ude11 30940 Hawthorne Boul11v1ud Ranoho Palos Ve1·de11, CA 90,il?S-5391 Attn I Cl.Ly Manager 1-'ield Supe1•viao1· Uniteu fltate11 ~•ish and Wildlife S111·vice 2?30 Loker Avenue West Carlsbad, C11lifo1•11i11 92028 m: to such oth1n· addres11 a11 either party from time to time 11hall designate by written nutica to the other, 1J. RAc,ordation. Gnntor .11hsll x·eco1·d thirl instrument: in timely faohion in the official 1·ecor·ds of the Office of the Rac,n·der of the County of Lo11 Angele11, State of California, and shall immediately notify Grantee through the mailing of a confo1·med copy of the recorded offer of dedication of the easement. Or.,ntee may record it at any time as may be requb-ed to pres~rve its righte in this Eas11ment. 1~. general Proyieions. (a) s::ant.lll.iliu~-T),e interpretation and performance of thia Easement shall bu gov~rned by the lawo of the State of the State of California. (bl Liberal conutruotion, Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally oonstrued in favor oft.he grant to effect the purpooes of this Easement and the policy and purpose of Civil Code Section 815, .e..i;__ug. If any provision in this instrument is found to be ambiguous, an interpntation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would rendEJr it invalid. no,:u JIH7l•Ol010 pJn 001112.001 " 7 " / _/ I ■ I .... 0D I D-19 -, I I (cl aeve1·11bilit:y. lf: 1my twovi11l.on oC thiu 1':au11ment, or: the ,-ppliaat:ion the1'eof to any penmn or ah'cum11tam::w, ill found to I.le invalid, t:he 1·er,111ind111· of t:he prnviaionil of t.hi11 l::a1111m11nt:, 01· the application oC auc:h p1·ovi11ion to p111·11on11 01· ci>:m1m11tana1111 ot:Jun· than t:ho111i 1111 to which it ia found t:o ba invalid, 1u1 t:lllj Qllilll may be, 11h11ll not: ba &£C11ot1td thin·el)y, (d) E;oth·a A!l1'ClWll8llt., 'l'hiff i1111t:1·umant 11111:11 fr,1•t:h the enth'a aguement of the pai·tiea with 1·e11peat to the 1,!aaement and 11Ull!ll'IU1tle11 all pdo1· diauua11ion11, negotiation11, underat1mding1o1, 01· ag1·1tement11 relating to the li:auement:, all of which ai·u merged horein, (a) No Porfeitura, Nothin!J 00111:ained herein will ra11ult in a C<>rfuitun or r11v11raion of G1·antor' 11 title in 11ny reepect. (fl suacaueorg. 'l'he t11rm •oranto1·11 , wherev1H' u11ad ha.-ai n. and anv or.:,nouna uaad in Dlaca th11r1of, 11hall m1111n the abov•:·named 01·imi:or' itll heira' 11\lOCllllSOl'II' a11aig11u' aft'il1atell and d11eigne1·s. 'l'he te1·111 •or11nt:ee•, whenever uaed hei·ein, and any pronounli uaed in plQce thueof, 11h11ll mean and inoludo the above- named annt:ee and any 11uccaauors and 11a11igns, and the USPWB 1111 11, thh·d puty bene£ichry id'-lntified in thi11 1:!a11emont. The r:ovenant11, terrn11, condition.-i, and reatt·ictionll of thia Eauement sh11ll be binding upon, and inun to the benefit of, the p11rti1111 hereto 11.nd their reapective peraonal rept·esentative11, heh·a, 11uoces11on1, and a1111igne and shall continua 1111 a servitude 1·unnin9 in perpetuity with the Property, (g) captione. The captions in this instrument have been inserted solely for convenience of reference and ai·e not a pu·t of tllie inatrument and 11hall heve 110 effuct upon con11t~uotion or interpretation. (hl counterparte. The partieu may execute thie inatrument in two or more count:erpart11, which ehall, in the aggregate, be signed by both partiea, each counterpart shall be deemed 1111 original instrument ae againet any party who hall signed it. In the event of any di11parity between the counterpart,11 produc11d, the recorded countet·part 11hall be contro).llng. (ii Modifiaatione, Any alterations, changes or modifications of or to this Easement, including any attempt to abandon or relaa1111 the Eas,,ment, to be effective, ahall requh;e the prior wl'itten approval of USf'WS, 11hall be in writing and shdl be executed by Grantor and Grantee. Any such amendment shall be recorded in th11 official rscord.-i of the county of Loa Angeles. (j) yaliditv. If any portion of this instrument is held to be invalid or for any reHon become unenforceable, no other provi11ion 11hall be thereby affected or impaired, notu un,~01010 pjn ouun, 001 - 8 - -00 I D-20 .--------------- OECl 81!97 . ! ! I -, 15. llem1f1t;o and nm;deno. 'l'hiu ofl!,u· 11hall run with and bu1·dnn th11 l.'1·operty, and dl obligationii, ter:mu, conditionu and t·1111t.:rict,:ion11 h,neby i"'}1oeed uhall b11 d11emed to be oove1111nta and 1·e11triotionu 1·unning with the land and 11h11ll b11 effective lim:ltlll:ione on the u1111 of tha 1'1·op11~·t.y from and after the data of i:11co1·d11t:ion of this dooumtmt and 11hall bind G1·1111to1· and all auoce1111or11 and H11ign11 of Gir:antor for a period of twent.y,.one (21) yea:r:11. 11l, ~. Thill iruvooabl11 offn of dedication uhall be binding upon oriintot· and ita heir11 1 1u111igns 01· 11uco11111101·11 in inte1·Ht: to the P1·01)11rty for a period of twenty-one (lll) yean. Acoaptanoa of this offer ia 11ubjeot to• covenant which run11 with the land, prnvided that 01·ant1111 may not abandon it but muat in11t:fllld otfe1· th11 e1u111ment to ot:he1· puhlio 11gEmoi11fl or p1:iv11ta auwooiatio1111 fo1· the duration of the t:tu:m of the odginal offe:a: to d11dioi.t11, in acco1·d11nc11 with t:ha provi11fon11 of section 9 above. The g1·ant of easen1e11t, 011011 11<icepted, uhall 1·u1\ with thu lllnd and whall be binaing on thu owner of tb11 1•1·oput:y aml it11 heira and a11ai~n•. i,x~t~d on b11h&lf of the ?ity of Rancho Palo11 VerJ011 on this __ .JI . ___ day of 4'"1t!"<il(L , 1997, at Rancho Valo11 VarJ.11, Ca ffQrnia, App1·oved as to form 1 By1~,_b City Atto1·ney City of Rancho l'alos Verdea f70t2J un•~o:LOH 5'jA OHUta,OOI • 9 • GRANTOR CITY OF RANCHO PALOS VERU~S t i ! ii -00 I D-21 DEC18 1!!17 State of' t:llllfornla I (.'ow1ty of -/4.J t/-4(/lb Le'. l u, 1 On i//4.0J, lie , 19fl!/ before •~e, ~J 1~~ctf (, Nolllry Public, personally 11p1,eued Jfjii4414Jf.~ ;b ha ,: , 11 ___ , pcraonally known 10 me (or proved to me on the basl11 of' 11a1l11fac101y evldencll) lo be the pel'li()ll(M) whoso na111e(1) hi/are aubscrlbed lo the 'Ylthln lns1n1me11t 1111d ack11owlcd11ed IO me that Ill/~ exe.:ullld the wnc lnJils/hcr/lbcl.r authorl1.c.l ca)1114llty(i.l:.a), 111\d thal by hls/her/lilllr sl1111a1w·e(w) 011 the l11&1rw11cnt the person(,), or the eullly upon behalf of which the per1on(1) 110tcd, exeouled the lnalnlnic111, Wl'l'NliSS my hwid wld ofllolal -1, (l.-_ tJ . /1 /_1 s111na1wc r '11J8<: "VJ.:.:. (seal) State ol' t:allfomla Cowity of _________ _ On___ , 19_, before me, ________ _. a Notary Publlo, personwly appeared _________________ _ __ , peuonally known lo me (or proved to me on the basis of satlsfoclory evidence) to be the perS<111(s) whose name(R) ls/1Lt1l subscribed to the within lnstr1unent llnd acknowledaed to me that he/she/they executed the same In his/her/their authorll!ed capaclly(lcs), 1111d that by his/her/their sliJlllllll'c(s) on t110 lnstfllll1c11t the person(s), or the entity upon behalf of which the person(1) acted, executed the lnstrwn1111t, Wll'NESS my hand and official seal, Slanatw-c ______ _ (seal) notas MIH 0 01010 pjn oa,u,a.ooa , _.,(/ I I -QI) fl D-22 lldllbll "A" That certain re.ii property located In the Clly of Hwu:ho 1•wos Verde&, Cow11y of Loi Al)iulo». SIIIO of CallfurnJj dcal»lbcd III filllow1: l.oli 25 and 26 of Tract 32S74 recorded In llook 913, pajjCI 87 throu11l1 93, lnch1alv11, In tho Offiolal Rccordl of the Recorder of tho Cowily of 1.01 An11cle1, Cwlfornl11. 170UJ U11l•Ol010 pjn 001113,00I /' IL I I -00 I D-23 I IIIIIIII IIII IIIII IIIII Ill llllllll llll lllll 11111111111111111 L ~ A D S H E E T FEE \FREE CODE 20 CODE 19 CODE 9_ ul ---------t~--------------- Assessor's Identification Number (AIN) , . -- --------- 00 1456233 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY .Jlllia. CALIFORNIA SEP 18 2000 AT 8 A.M. SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) "'[ . --- D.T. T. ' i ----.....j ' -. ·---. ~ I To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown ---------j - - 1---! ' I - t ---i____ ~ - ! ---' ' ' ' .I ----J __ -- I ____ •• -·-• THIS FORM IS NOT TO BE DUPLICATED D-24 FID'ELITY-TARZANA RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: CITY CLERK CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 1t3 ucuL+ C/ (Space Above for Recorder's Use) ,· 00 1~56233 IRREVOCABLE OFFER TO CONVEY A CONSERVATION EASEMENT TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME THIS IRREVOCABLE OFFER TO DEDICATE A CONSERVATION EASEMENT TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME is made this 18 th day of July, 2000, by the City of Rancho Palos Verdes, ("Grantor"), in favor of the California Department of Fish and Game, ("Grantee"). WITNESSETH: WHEREAS, Grantor is the sole owner in fee simple of that certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, which is described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"), and which is commonly referred to as "Shoreline Park"; and WHEREAS, portions of the Property contain Coastal Sage Scrub Habitat ("habitat") which is of value in the efforts that are being undertaken by various governmental entities, including Grantor, Grantee, and the United States Fish and Wildlife Service, on behalf of the people of Los Angeles County, the people of the State of California and the people of the United States, to preserve certain species including, but not limited to, the California Gnatcatcher, which is listed as a threatened species under the Federal Endangered Species Act; and WHEREAS, pursuant to the Amended Ocean Trails Residential and Golf Community Coastal Sage Scrub and Sensitive Species Habitat Conservation Plan (the "Amended HCP") and the related Implementing Agreement ("Implementing Agreement") among Ocean Trails, L.P., the United States Fish and Wildlife Service ("USFWS"), the California Department of Fish and Game ("CDFG") and the City of Rancho Palos Verdes, Grantor is to dedicate a conservation easement to Grantee as set forth herein, subject to the terms and conditions set forth below; and WHEREAS, pursuant to the Amended HCP and the Implementing Agreement, Grantor also is to convey a license agreement to Ocean Trails, L.P., the developer of the Ocean Trails Project, to enhance and maintain Coastal Sage Scrub Habitat on an additional 21.14 of the acres of said Property, as described in the Amended HCP and the Implementing Agreement; and 617434-1 D-25 WHEREAS, pursuant to Fish and Game Code Section 1802, Grantee has jurisdiction over the conservation, protection and management of fish, wildlife, native plants and the habitat necessary to sustain said species; and WHEREAS, Gran tor intends, as the owner of the Property, to convey to Grantee, the right to preserve and protect the Habitat in perpetuity as set forth herein; and WHEREAS, Grantee agrees upon accepting this grant to honor the intentions of Grantor stated herein to preserve and protect in perpetuity the Habitat located on the Property for the benefit of the species, this generation and the generations to come; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of California, including Civil Code Section 815, et seq .. Grantor hereby offers to dedicate to Grantee a conservation easement in perpetuity over said Property of the nature and character and to the extent hereinafter set forth, ("Easement"), excepting therefrom all existing easements, sewer alignments, rights-of-way, trails, and public recreation and rest areas, including, without limitation, those alignments, easements, rights-of-way, trails, and public recreation and rest areas generally depicted on Exhibit "B" attached hereto and incorporated herein by this reference. I. Pumose. It is the purpose of this Easement to assure that, except for the trails that are specified in Grantor's conceptual Trails Plan and the conditions of approval of the Project including, without limitation, the Coastal Permit that was issued by the California Coastal Commission (A-5-RPV-93-005-A6), and the other existing easements, sewer alignments, rights-of-way, trails, and public recreation and rest areas that are generally depicted on Exhibit "B", the Property will be retained forever in a natural and open space condition to prevent any use of the Property that will significantly impair or interfere with the Habitat located on the Property. Grantor intends that except as provided herein, this Easement will restrict the use of the Property to open space and such activities including, without limitation, those involving the preservation and enhancement of native species and their habitat in a matter consistent with the habitat conservation purposes of this Easement and the provisions of the Amended HCP and the Implementing Agreement. 2. Rights of Grantee. To accomplish the purpose of this Easement the following rights are conveyed to Grantee upon acceptance of this Easement: (a) To preserve and protect the Habitat located on the Property; (b) To enter upon the Property at reasonable times to monitor Grantor's compliance with and to otherwise enforce the terms of this Easement; provided that Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas of the Property that may be damaged by any inconsistent activity or'use; 617434-1 2 00 1456233 D-26 ( d) All mineral, air and water rights required to protect and sustain the biological resources on the Property; and ( e) All present and future development rights to develop the property for residential, institutional, commercial, agricultural or industrial purposes. In addition to the foregoing, this Easement recognizes: (I) that Grantor will be recording a license agreement in favor of the developer of the Ocean Trails Project which will allow said developer and its agents to create, restore, maintain and revegetate Habitat on the Property, as set forth in the Amended HCP and Implementing Agreement, and (2) that the Staff of the California Coastal Commission may enter the Property for purposes of determining compliance with the conditions of approval of the Coastal Permit that was issued by the Coastal Commission for the Ocean Trails Project (A-5-RPV-93-005-A6). 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this Easement is prohibited. Without limiting the generality of the foregoing, unseasonal watering, the use of herbicides, rodenticides or weed abatement or fire protection activities, in a manner which would endanger, remove or adversely affect the Coastal Sage Scrub Habitat located on the Property are expressly prohibited. Grantor shall undertake all reasonable actions to prevent the entry into the Habitat areas located on the Property by persons whose activities may degrade or harm said Habitat including, but not limited to, the installation of fences around the Habitat. In addition, Grantor shall not authorize the use by Grantor, Grantor's agents or any third party of off-road vehicles, grazing or surface entry for exploration or extraction of minerals. 4. Reserved Rights. Grantor reserves to itself, and to its representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Easement, including the use of the trails set forth in Grantor's Conceptual Trails Plan or referred to in the Coastal Permit that traverse a portion of the Property. In addition, Grantor further reserves the right to maintain and improve the trails, easements, alignments, rights-of-way, and public recreation and rest areas depicted on Exhibit "B'' hereto, and to undertake or perform other maintenance or improvements which will maintain the stability of the Property or the trails, easements, rights-of-way, and public recreation and rest areas. Any such activities by Grantor will preserve and protect the Habitat located on the Property to the greatest extent practicable, and if any of the Habitat is to be damaged or destroyed by virtue of said activities of Grantor, Grantor shall comply with the environmental laws applicable to the particular work, obtain any applicable permit(s) or authorization(s) from Grantee and/or USFWS to perform the work, and shall replace or restore said Habitat, in the same location, elsewhere on the .Property, or on other portions of Shoreline Park, in accordance with the replacement standards prevailing at that time. 617434-1 3 D-27 5. Grantee's Remedies. In addition to any and all remedies available to Grantee in law or in equity, Grantor intends that the remedies set forth in this Paragraph 5 shall be available to Grantee and to USFWS, as an expressly identified third party beneficiary of this Easement. If Grantee determines that Gran tor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Habitat resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property or Habitat so injured. If Grantor fails to cure the violation within fifteen ( I 5) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within the fifteen (15) day period, fails to begin curing such violation within the fifteen (15) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. If Grantee, in its sole and reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Habitat, Grantee may pursue its remedies under this paragraph without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of· the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Furthermore, the provisions of Civil Code Section 815, et seq., are incorporated herein by this reference and this Easement is made subject to all of the rights and remedies set forth therein. If at any time in the future Grantor or any subsequent transferee uses or threatens to use the Property for purposes not in conformance with the stated conservation purpose contained herein, notwithstanding Civil Code Section 815, et seq .. the California Attorney General, the United States, acting through the USFWS, or third-party entities organized for conservation purposes have standing as interested parties in any proceeding affecting this Easement. 5.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's negligence or violation of the terms of this Easement shall be borne by Grantor. 5.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of 617434-1 4 00 14562:J~ 5 D-28 any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 5.3 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6. Fence Installation and Maintenance. Grantor shall install and maintain a fence around the Habitat where necessary to protect it. 7. Access. This Easement is not intended to convey general right of access to the Habitat located on the Property to the public; however, access for scientific research and interpretive purposes shall be reserved to Grantee, USFWS or their designees. 8. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind, including transfer costs, costs of title and documentation review, expenses incurred from other State agency reviews, and costs related to the ownership, upkeep, and maintenance of the Property. 8.1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority ( collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 8.2 Condemnation. The habitat conservation purposes are presumed to be the best and most necessary public use as defined in California Code of Civil Procedure Section 1240.680, notwithstanding California Code of Civil Procedure Sections 1240.690 and 1240.700. 9. Assignment. This Easement is transferable, but Grantee shall not assign modify or abandon its rights and obligations under this Easement without the prior written consent of the USFWS. Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations ·promulgated thereunder, and authorized to acquire and hold conservation easements under California law, Civil Code Section 815, et seq .. (or any successor provision then applicable). As a condition of such transfer, Grantee shall require that the conservation purposes that this grant is intended to advance will continue to be carried out and notice of such restriction shall be recorded in the Office of the Recorder of Los Angeles County. Grantee shall give Gran tor and USFWS at least thirty (30) days prior written notice of the proposed transfer; Grantor and USFWS each have the right to object to such transfer, provided 617434-1 5 00 14562~~ D-29 - such objection is transmitted in writing to Grantee within fifteen ( 15) days ofreceipt of the written notice from Grantee. I 0. Subsequent Transfers. The terms, covenants, conditions, exceptions, obligations and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee and USFWS of the intent to transfer any interest at least fifteen (I 5) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Estoppel Certificates. Upon request by Grantor, Grantee shall within fifteen (15) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation ofGrantor contained in this Easement and otherwise evidences the status of this Easement as may be requested by Grantor. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantee: To Grantor: ToUSFWS: Department of Fish and Game Region 5 330 Golden Shore, Suite 50 Long Beach CA 90802 Department of Fish and Game Legal Affairs Division I 416 Ninth Street, 12th Floor P.O. Box 944209 Sacramento, California 95814-2090 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Attn: City Manager Field Supervisor Unites States Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, California 92028 or to such other address as either party from time to time shall designate by written notice to the other. 617434-1 6 00 1456.23~ 1 D-30 13. Recordation. Gran tor shall record this instrument in timely fashion in the official records of the Office of the Recorder of the County of Los Angeles, State of California, and shall immediately notify Grantee through the mailing of a conformed copy of the recorded offer of dedication of the easement. Grantee may record it at any time as may be required to preserve its rights in this Easement. 14. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purposes of this Easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. ( c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. · ( d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, a,ll of which are merged herein. · .(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The term "grantor", wherever used herein,' and any pronouns used in place thereof, shall mean the above-named Grantor, its heirs, successors, assigns, affiliates and designers. The term "Grantee", whenever used herein, and any pronouns used in place thereof, shall mean and include the above-named Grantee and any successors and assigns, and the USFWS as a third party beneficiary identified in this Easement. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each 617434-1 7 00 14562,3~ D-31 counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Modifications. Any alterations, changes or modifications of or to this Easement, including any attempt to abandon or release the Easement, to be effective, shall require the prior written approval of USFWS, shall be in writing and shall be executed by Grantor and Grantee. Any such amendment shall be recorded in the official records of the County of Los Angeles. (j) Validity. If any portion of this instrument is held to be invalid or for any reason become unenforceable, no other provision shall be thereby affected or impaired. 15. Benefits and Burdens. This offer shall run with and burden the Property, and all obligations, terms, conditions and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from and after the date ofrecordation of this document and shall bind Grantor and all successors and assigns of Grantor for a period of twenty-one (21) years. 16. Term. This irrevocable offer of dedication shall be binding upon Grantor and its heirs, assigns or successors in interest to the Property for a period of twenty-one (21) years. Acceptance of this offer is subject to a covenant which runs with the land, provided that Grantee may not abandon it but must instead offer the easement to other public agencies or private associations for the duration·ofthe term of the original offer to dedicate, in accordance with the provisions of Section 9 above. The grant of easement, once accepted, shall run with the land and shall be binding on the owner of the Property and its heirs and assigns. Executed on behalf of the City of Rancho Palos Verdes on this 18th day of July, 2000, at Rancho Palos Verdes, California. 617434-1 · 8 00 145623~ D-32 By: Carol W. Lynch City Attorney City of Rancho Palos Verdes STATE OF CALIFORNIA COUNT¥ OF LOS ANGELES ss GRANTOR CITY OF RANCHO PALOS VERDES By::----":\,~..__:S-<:b,!.' ..llp,;~~~- Mayo('\,~ On September 13, 2000 before me, Jo Purcell, a notary public in and for said State, personally appeared Lee Byrd, Mayor, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. ,..,,.:> ... ~---·;-. ----.... ;-WJTNESS · my··-pand and official seal. S' -I'-.,"' -.:, -.., ' .., ......... ,,,,.--.,_ .. ✓ • ~ .-· r 7.-r_ °"· ,. -~ ::: ·.·, -✓J )-.. \ .,:-;, : ~:.,.,_~\:'""· \~✓:. ·-; :;_ -=:. -:.\,·"""-o;-'.,"-"'J;,.l.....::.,""-4-<C;L.L.<!....:!.~""""::::....::,,,,,._P_u_b __ ~l~i_c_ :;.."\.-'....._ "\.-.., ..... - ,.,,~ ;oeeeee:::ateeJ -@ Commission# 1129735 i ,.. Notaiy Public -Collfomlo f J Los Angeles County ! U O C 0My0C7:e:-:~1!;~1 617434-1 9 00 145623~ D-33 II SCHEDULE OF EXHIBITS A. Legal Description of Property Subject to Easement B. Map Showing Portions of Property Excepted from Easement 617434-1 D-34 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION SOUTHERLY PORTION OF SHORELINE PARK THAT PORTION OF PARCEL 98, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF , LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON COUNTY ASSESSOR'S MAP NO. i 51, FILED IN BOOK 1 PAGE 1, OF ASSESSOR'S MAPS RECORDS OF SAID COUNTY 'WHICH LIES SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED ON DECEMBER 18, 1997 . AS INSTRUMENT NO. 97-1990231, OF OFFICIAL RECORDS, RECORDS OF SJ\.ID COUNTY. EXCEPTING THEREFROM THE SOUTHEASTERLY 100.00 FEET OF SAID PARCEL 98. 00 14562;33 D-35 EXHIBIT "B" MAP DEPICTING AREAS EXPRESSLY EXCEPTED FROM THE GRANT OF CONSERVATION EASEMENT 00 1456233 /J -~ O 150 Seal• In F .. l E-1 _& This page Is part of your document· DO NOT DISCARD • EOH!l Non-Order Search Doc : CALOSA:201 8 0 1187785 20181187785 I lllll l lllll llll l llll l ll ll l llll l lllll ll lll lllll 1111111 11111111111 Pg83f ~r-lM•'----' Recorded/Filed In Official Records Recorder's Office, Los Angeles County, California 11/27/18 AT 08 :00AM FEES: TAXES: OTHER: PAID : 1111111111111111 II I I I II I Ill I Ill I II I II LEAOSHEET 111111111111111 II Ill I II II II I I II II 201811270170020 00015991270 11 11 ~Ill l~ll l~ll lllll llll llll 11111111 111 11 1111 009482766 SEQ: 10 DAR -Title Company (Hard Copy) 0 .00 0 .00 o.oo 0,00 l ~~111111 ii ~111111 ~ 1~11 ~1 llrn I~ 1111 11 IHII ~11 111~ ill 1111 11 111111111 ~! 111 111 I llll lllllll 111111111111111 ~ ll lm 11~ ffll li ll 111~ 1111111111111111 II~ 1~11111111111 111 THIS FORM IS NOT TO BE DUPLICATED T72 • Page 1 of 5 Requested By: j .silva , Printed: 12/6/20 181 :53 PM E-2 7 Non-Order Search RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060 ATTN: LEGAL DJVJSION *20181187785* ... __ , .. ---- AMENDMENT TO CONSERVATION EASEMENT OFFERS This AMENDMENT TO CONSERVATION EASEMENT OFFERS (this "Amendment") is made by the City of Rancho Palos Verdes, a municipal corporation, and shall amend each of (1) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Los Angeles County Records Office ("Official Records") as Instrument Number 97-1990231 on December 18, 1997, (2) the Irrevocabl~ Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 97-1990232 on December 18, 1997, and (3) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 00-1456233 on September 18, 2000 (collectively, the "Offers"), as follows: 1. The period during which each of the Offers may be accepted is hereby extended to December 16, 2023 and thi.s Amendment shall continue to be binding on Grantor and its heirs, assigns or successors in interest to the Property (as such term is defined in the Offers) until December 16, 2023. 2. The term "Grantee" under the Offers is hereby defined as the California Department of Fish and Wildlife (as successor-in-interest to the California Department of Fish and Game) and/or any other public or private entity approved by the Executive Director of the California Coastal Commission to accept the Offers. Except as expressly modified herein, the terms and provisions of the Offers shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] 01203 0018/500553 2 Page 2 of 5 Requested By: j.silva , Printed: 12/6/2018 1 :53 PM Doc: CALOSA:2018 01187785 E-3 This Amendment is hereby executed on behalf of the City of Rancho Palos Verdes as of the date set forth below. Dated: _9_-_t!)_l.,_-_J_-O_I _fl __ , 2018 GRANTOR: CITY OF RANCHO PALOS VERDES, a California Municipal Corporation By: Print name of above Its: '?'l(,_111-rlJ,e_ APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ~' ✓'0' Ct#" William W. [SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENTS] 0l203 0018/500553 2 2 Non-Order Search Page 3 of 5 Requested By: j.silva , Printed: 12/6/2018 1 :53 PM Doc: CALOSA:2018 01187785 E-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~S ~~~ On oq {;q I ~19' before me, --"'-~---'---':!..!..IMM<.1,<..;'-\,\,-----=~=--~=.i.,.qH#-'""'b~h=b'----, Date Here Insert Name and Title of the personally appeared 5us4() f>fboks Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~hose name(s}1staiief subscribed to the within instrument and acknowledged to me that l)efS'he/t~ executed the same in his/her/their authorized capacity(i~ and that by hlstfier/tl:lffl'r signature(s) on the instrument the person_oo·, or the entity upon behalf of which the persoll(e) acted, executed the instrument. · TERESA PRIMAVERA•tAKAOKA • Commission# 2113492 z .. Notary Public • caU1orn1a ! 1 Los Angeles county 2019 z. M Comm. Expires Jun 26, Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. SlgnatureC\i.--~~e...,t,, ~reoi~ryPub}fc ---------------OPTIONAL--------------- Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: __________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies} Claimed by Slgner{s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ D Corporate Officer -Title(s): _____ _ D Partner -□ Limited C General D Partner -D Limited □ General D Individual D Attorney in Fact D Individual D Attorney in Fact □ Trustee D Guardian or Conservator D Trustee D Guardian or Conservator 0 Other: _____________ _ D Other: ____________ _ Signer ls Representing: ________ _ Signer Is Representing: ________ _ ~~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-68 27) Item #5907 Non-Order Search Page 4 of 5 Request ed By: j.silva, Printed : 12/6/2018 1 :53 PM Doc: CALOSA:2018 01187785 E-5 • This is to certify that the Amendment to Conservation Easement Offers set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Comr_nission when it granted Coastal Development Permit Amendment No. A-5-RPV-93- 005, and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: CALIFORNIA COASTAL COMMISSION ¢a s::Counsel A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNT OF SAN FRANCISCO On q l 3' \ to , before me, JEFF G. STABEN-MIHALEK, Notary Public, personally appeared KARLA GALVEZ, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal)' r 8-:.EF. o. s,MEN .. ,HALEK 1 u • Commlnion No.2142210 ff ¥ ,. NOTARY~IFORNIA ... l SAN FRANCISCO COUNTY I My CQmm,,..,.. FEBROARY 9, ~ S I I 01203,0018/500553 .2 4 6 Non-Order Search Page 5 of 5 Requ est ed By: j.silva , Printed : 12/6/2018 1 :53 PM Doc: CALOSA:2018 01187785 RECORDING REQUESTED BY: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 WHEN RECORDED RETURN TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060 ATTN: LEGAL DIVISION AMENDMENT TO CONSERVATION EASEMENT OFFERS This AMENDMENT TO CONSERVATION EASEMENT OFFERS (this “Amendment”) is made by the City of Rancho Palos Verdes, a municipal corporation, and shall amend each of (1) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Los Angeles County Records Office (“Official Records”) as Instrument Number 97-1990231 on December 18, 1997, (2) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 97-1990232 on December 18, 1997, and (3) the Irrevocable Offer to Convey a Conservation Easement to the California Department of Fish and Game recorded in the Official Records as Instrument Number 00-1456233 on September 18, 2000 (collectively, the “Offers”), as follows: 1.The period during which each of the Offers may be accepted is hereby extended to January 1, 2026 and this Amendment shall continue to be binding on Grantor and its heirs, assigns or successors in interest to the Property (as such term is defined in the Offers) until January1, 2026. 2.The term “Grantee” under the Offers is hereby defined as the California Department of Fish and Wildlife (as successor-in-interest to the California Department of Fish and Game) and/or any other public or private entity approved by the Executive Director of the California Coastal Commission to accept the Offers. Except as expressly modified herein, the terms and provisions of the Offers shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] F-1 This Amendment is hereby executed on behalf of the City of Rancho Palos Verdes as of the date set forth below. Dated: _________________________, 2023 GRANTOR: CITY OF RANCHO PALOS VERDES, a California Municipal Corporation By: _________________________________ Name: Title: Mayor ATTEST: _________________________________ Teri Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney [SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENT] F-2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On _________________________, before me, ____________________________, Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. F-3 This is to certify that the Amendment to Conservation Easement Offers set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission when it granted Coastal Development Permit Amendment No. A-5-RPV-93- 005, and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: ___________, 2023 CALIFORNIA COASTAL COMMISSION ___________________________________ Karla Galvez, Staff Counsel STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On _________________________, before me, ___________________________, Notary Public, personally appeared KARLA GALVEZ, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. F-4 November 6, 2023 Ms. Kelly Cuffe California Coastal Commission Statewide Planning Unit 725 Front Street, Suite 300 Santa Cruz, CA 95060 Dear Ms. Cuffe: The City of Rancho Palos Verdes is requesting additional time to execute and record permanent conservation easements over the Ocean Trails Reserve property adjacent to the Trump National Golf Course. Following is some background information explaining the need for extra time. The City has applied for a joint take permit from the California Department of Fish and Wildlife (CDFW) and the U.S. Fish & Wildlife Service (USFWS) pursuant to its adopted Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) . Although the City has received the Federal take permit, we are still awaiting the approval of the State permit. We just received an update from CDFW that their NCCP review has not been completed and therefore the State take permit has not issued yet. The take permit, once issued, requires the City to place a consistent and specific conservation easement over the 14 City-owned Nature Preserve properties (including Ocean Trail Reserve) in favor of the Palos Verdes Peninsula Land Conservancy (PVPLC) within 90 days of permit issuance. Ocean Trails Reserve includes the properties near Trump National Golf Course for which a conservation easement associated with the Trump National Golf Course HCP is required prior to December 2023. Since the City is still awaiting State permit decisions on the NCCP portion of the City’s take permit, recording a conservation easement over the Ocean Trails Reserve properties before CDFW permit issuance would complicate and disrupt the City’s NCCP/HCP implementation process. Some items that the City would like to address and resolve with the California Coastal Commission include: •The language and in some cases the intent of the original conservation easement and the conservation easements required by the NCCP/HCP are inconsistent. G-1 • Th e b o u n da r i e s o f t h e O c e a n T r a i l s R e s e r v e a n d t h e p a r c e l s i n t h e o r i g i n a l co n s e r v a t i o n e a s e m e n t s m a y n o t l i n e u p c o m p l e t e l y , a n d s h o u l d b e r e s o l v e d t o en s u r e t h e e a s e m e n t b o u n d a r i e s a r e c o r r e c t . To a c c o m m o d a t e t h e S t a t e ’ s d e l a y e d r e v i e w o f t h e N C C P , t h e C i t y w i l l b e r e q u e s t i n g ad d i t i o n a l t i m e t o e x e c u t e a n d r e c o r d t h e p e r m a n e n t e a s e m e n t s . S i n c e t h e C i t y h a s be e n a w a i t i n g t h e S t a t e ’ s r e v i e w o f t h e N C C P f o r o v e r a y e a r , t h e C i t y i s c o n s e r v a t i v e l y ex te n d i n g t h e p e r i o d d u r i n g w h i c h e a c h o f t h e o f f e r s m a y b e a c c e p t e d t o J a n u a r y 1 , 20 2 6 . H o w e v e r , t h e C i t y w i l l r e c o r d t h e c o n s e r v a t i o n e a s e m e n t s o v e r t h e p r o p e r t y pu r s u a n t t o t h e C i t y ’ s N C C P / H C P t i m e l i n e , w h i c h i s w i t h i n 9 0 d a y s o f S t a t e p e r m i t is s u a n c e . T h e C i t y C o u n c i l w i l l c o n s i d e r a d o p t i o n o f t h e A m e n d m e n t t o C o n s e r v a t i o n Ea s e m e n t O f f e r s d o c u m e n t ( d r a f t a t t a c h e d ) a t t h e i r N o v e m b e r 1 4 , 2 0 2 3 m e e t i n g . O n c e ad o p t e d , w e w i l l f o r w a r d t o t h e C o a s t a l C o m m i s s i o n f o r p r o c e s s i n g a n d a p p r o v a l . Pl e a s e l e t m e k n o w i f i t w o u l d b e h e l p f u l t o m e e t t o d i s c u s s t h i s m a t t e r f u r t h e r . Si n c e r e l y , __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Br a n d y F o r b e s , A I C P Co m m u n i t y S e r v i c e s D i r e c t o r CC : Ca r o l R o b e r t s , U S F W S Er i c P o r t e r , U S F W S Ma r y B e t h W o u l f e , U S F W G- 2 \ ~ ~ ~ l ~