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Home My WebLink About; |Grand Pacific Hotel LP|Carlsbad Public Financing Authority|; 2018-0353714; EasementDOC# 2018-0353714 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Aug 28, 2018 10:44 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $89.00 (SB2 Atkins $0.00) PCOR: N/A AND WHEN RECORDED MAIL TO: ~ J~{<h-<(!')qvJ)~ VYlc./J.oLP<.).S~s 1 '8~9 ~S,d A, U1 ~-t-0-\ c:..lt 9 ~)1/ QQ-~~~cPn~ G-u:Y C,cJ..e_ ~c~~ "6/S ~ c.6-os.oJu~U,<)A{yL/J,,J: (Please fill in documenttitle(s) on this line) 1 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on ________ (date*) as document number ____________ of Official Records, or, 3 D Exempt from fee per GC27388.l due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date*) as document number(s) ________________________ of Official Records, or, 5 D Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner-occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on __________ (date*) as document number(s} 7 ~empt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 D Exempt from fee under GC27388.l for the following reasons: THIS PAGE ADDED TO PROVIDE SENATEB!ll2EXEMPTIONINFORMATION (Additional recordingfeeapplies} PAGES: 26 Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review 333, Recording requested by: MELVIN VERNON, CAPTAIN SAN LUIS REY BAND OF MISSION INDIANS When recorded return to: SAN LUIS REY BAND OF MISSION INDIANS 1889 SUNSET DRIVE VISTA, CA 92081 GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL CONSERVATION EASEMENT *The enclosed document, which recorded on August 7, 2018, as Document No. 2018-0322086, of Official Records in San Diego County, California, is being re-recorded solely to include the original signature page of San Luis Rey Band of Mission Indians, a California Native American Tribe, as Grantee, which was inadvertently omitted from the original recording. r ·Pr I ,, ' DOC# 2018-0322086 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Aug 07, 2018 10:33AM OFFICIAL RECORDS Ernest J_ Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $68.00 (SB2 Atkins: $0.00) (Please fill in document title(s) on this line) 1 0 Exempt from fee per GC27388.l due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 0 Exempt from fee per GC27388.l due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on ________ (date*) as document number ____________ of Official Records, or, 3 O Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 0 Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date*) as document number(s) _________________________ of Official Records, or, 5 D Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner-occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.l due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring 7 the dwelling to the owner-occupier was recorded on __________ (date*) as document number(s) r:I' Exempt from fee per GC27388.1 due to being executed or recorded by the federal government i11 accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 D Exempt from fee under GC27388.1 for the following reasons: Rev 5/18 THIS PAGE ADDED TO PROVIDE SENATEBIU.2EXEMPTION INFORMATION (Additional recording fee applies) *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review PAGES: 19 RECORDING REQUESTED BY: Melvin Vernon, Captain San Luis Rey Band of Mission Indians AND WHEN RECORDED, MAIL TO: San Luis Rey Band of Mission Indians 1889 Sunset Drive Vista, CA 92081 FOR RECORDER'S USE GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL CONSERVATION EASEMENT ~ "T vi<nSfer, at : $0. THIS GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL CONSERVATION EASEMENT ("Easement") is made this )'!' day of !}:ueU6t , 2018 by GRAND PACIFIC CARLSBAD HOTEL, L.P., a Delaware limited partnership havmg an address at 5900 Pasteur Court, Suite 200, Carlsbad, CA 92008 ("Ground Lessee") and THE CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority formed by the City of Carlsbad and the Carlsbad Municipal Water District having an address at 1200 Carlsbad Village Drive, Carlsbad, CA 92008 ("Ground Lessor") (Ground Lessee and Ground Lessor are both "Grantor"), in favor of the San Luis Rey Band of Mission Indians, a California Native American Tribe ("SLR" or "Grantee"), having an address at 1889 Sunset Drive, Vista, CA 92081. WITNESS ETH WHEREAS, Ground Lessor, as landlord, and Ground Lessee, as tenant, entered into that certain unrecorded Ground Lease, dated December 15, 2016 ("Ground Lease") for that certain real property in the City of Carlsbad, County of San Diego, State of California (the "Property"), as evidenced by that certain Memorandum of Ground Lease recorded in the Office of the Recorder of San Diego County, California on December 15, 2016 as Document No. 2016-0689338; and WHEREAS, portions of the Property may possess significant tribal cultural values; and WHEREAS, in particular, Grantee believes that portions of the Property were used as a place of gathering and habitation by indigenous peoples for many years dating as far back as many thousands of years and that portions of the Preserve Area may therefore contain significant tribal cultural values of great importance to Grantee and Ground Lessor; and WHEREAS, the Preserve Area is a portion of the Property that is entirely subsurface and below a "slurry cap" as described as the Preserve Area in Exhibit A and depicted in Exhibit B hereto and incorporated by this reference shall be referred to herein as the "Preserve Area"; and WHEREAS, in the interests of preserving and respecting SLR's tribal cultural values related to the Preserve Area for the benefit of this generation and generations to come, Grantor intends that the Preserve Area be restricted in perpetuity from future subsurface disturbance in accordance with the terms and conditions set forth herein. Page 1 of 18 DOCS 121163-000006/3341818.10 NOW, THEREFORE, in consideration of the above, as to their respective interests in the Property, Ground Lessor and Ground Lessee hereby grant and convey to Grantee the following cultural conservation easement (within the meaning of California Civil Code sections 815 et seq.) in perpetuity over the subsurface Preserve Area pursuant to the terms and conditions set forth below. All references herein below to "Grantor" shall mean Ground Lessor during such times that the Property is not subject to the Ground Lease or a successor ground lease and shall mean Ground Lessee during such times that the Property is subject to the Ground Lease, as may be amended, or if the Ground Lease is terminated and the Property is made subject to a future ground lease, the ground lessee under such future ground lease. 1. Purpose. The purpose of this Easement is to protect the Cultural Resources of San Luis Rey Band of Mission Indians located on portions of the Property, to honor them and protect them forever and to assure that Preserve Area will retain the current state of preservation for Grantee's cultural values and to prevent any use of the Property which would impair or interfere with the Grantee's cultural values within the Preserve Area. Grantor intends that this Easement will limit the use of the Preserve Area as set forth below 2. Restrictions Placed Within the Preserve Area. To forever protect and preserve the tribal cultural values in the Preserve Area, no portion of the Preserve Area shall be excavated, disturbed, moved or dug into, or subject to any ground penetrating activity(ies) by any means; no improvements including installation of footings, additional means of foundations, such as caissons, irrigation lines, wet or dry infrastructure or utility lines shall be placed within the Preserve Area; and any use or development of the Property above the Preserve Area shall be conducted in a manner so as to not result in degradation of the slurry cap described in Exhibit A attached hereto or the area beneath the slurry cap (referred to herein as the "Restrictions"). 3. Exception to Restrictions Placed Upon Preserve Area. The Restrictions shall not apply and Grantor shall be able to do any of the foregoing within the Preserve Area to the minimum extent practically required if the following is required: (a) to restore the existing (or replace with similar) vertical building improvements located on the Property which have been damaged by the occurrence of a casualty (e.g., fire, earthquake, flood or other natural or unintentional man-made catastrophe); or (b) to comply with changes to federal, state and local laws and regulations affecting the Property (the "Permitted Construction Activity"). In connection with any Permitted Construction Activity, Grantor shall comply with the monitoring, survey and repatriation requirements that applied to the original development of the Property as described in that certain Archaeological Data Recovery and Mitigation Monitoring Program for the Westin Hotel and Timeshare Project dated June 21, 2018 submitted to the City of Carlsbad and prepared by Brian F. Smith and Associates, Inc. pursuant to the CEQA findings for the same original project referred to therein (the "Project"). Grantee shall have the right to monitor and enforce the Restrictions but this Easement shall in no way provide Grantee with a right of access to, interest in, and/or use of, the Preserve Area other than the right upon advance notice to and coordination with Grantor to enter the Property for the purpose of monitoring compliance with the Restrictions. 4. Reserved Rights. Except for the express rights granted hereunder to Grantee, Grantor reserves to itself, and for their affiliates, partners, directors, officers, representatives, heirs, successors, and Page 2 of 18 DOCS 121163-000006/3341818.10 assigns, all rights, title and interest in and to the Property. Nothing in this Easement shall require the removal or modification of any improvements, hardscaping or landscaping existing on the Property as of the date of execution of this Grant. 5. Notice of Intention to Undertake Permitted Construction Activity. Notwithstanding anything contained in this Easement to the contrary, in the event Grantor intends to perform any Permitted Construction Activity, Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to commence the same. The notice shall describe the nature, scope, design, location, timetable, methods for minimizing of impacts to cultural resources and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment that the proposed activity is a Permitted Construction Activity that will comply with this Easement. Grantee acknowledges thirty (30) days advance written notice sufficiently affords Grantee the opportunity to determine if the proposed activity is a Permitted Construction Activity that will comply with this Easement. If Grantee timely determines that the proposed activity is not a Permitted Construction Activity that will comply with this Easement, Grantee shall provide Grantor the specific bases for Grantee's determination. If Grantor agrees with Grantee's determination, Grantor shall make reasonable adjustments to proposed actions to resolve any non-compliance prior to commencing any Permitted Construction Activity and if Grantor does not agree with Grantee's determination, Grantor and Grantee shall work in good faith to resolve any differences but if Grantor determines that Grantee and Grantor cannot timely resolve their differences, Grantor may submit the proposed activity to the City of Carlsbad to determine whether the proposed activity is a Permitted Construction Activity that will comply with this Easement. If the City becomes the sole Grantor, resolution of such an unresolved determination shall be submitte_d to a third party mediator, paid for by Grantor. The foregoing shall not relieve Grantor of the need to obtain any discretionary or other approvals from the City of Carlsbad or other regulatory authority required for such subsurface activity. Any subsurface activity which violates the Restrictions may be considered by the City of Carlsbad as an unauthorized additional impact to cultural resources pursuant to the Final EIR for the Project. 6. Grantee's Remedies. As a condition of this Easement, if Grantee determines that Grantor is in violation of the terms of this Grant, Grantee must give written notice to Grantor ("Default Notice") detailing the proposed violation. If Grantor fails to cure the violation within thirty (30) days after the receipt of the Default Notice or, if the nature of such violation is such that the same cannot be reasonably cured within a thirty (30) day period and Grantor fails to commence such cure within such period or thereafter diligently proceed to rectify and cure said default, Grantee may pursuant to California Civil Code Section 815.7 bring an action at law or in equity 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, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for the loss of cultural and/or spiritual values, and to require the restoration of the designated areas of the Property to the condition that existed prior to any such disruption. Grantor agrees that because of the tribal cultural values attributed to the Preserve Area are of inestimable value and some may be intangible, that Grantee's remedies at law for any violation of the terms of this Easement may be inadequate and that Grantee's 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 Page 3 of 18 DOCS 121163-000006/3341818.10 otherwise available legal remedies. Grantee's responsibility to monitor and conserve the tribal cultural values of the Preserve Area are hereby recognized as being unique and the fact that some of these values are intangible is understood, and thus the necessity of proving the pertinent cultural values of the property will not be required in pursuing Grantee's remedies under this Easement. 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. 7. Costs of Enforcement. The court may award the prevailing party in any action authorized by Civil Code§ 815 et seq. the cost oflitigation, including reasonable attorneys' fees. 8. Grantee's Discretion. Enforcement of the terms of this Easement shall be the responsibility of the Grantor and the Grantee. Any forbearance by Grantee to exercise its rights under this Easement 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 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 a waiver. 9. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. 10. Acts Beyond Grantor's Control. Notwithstanding anything contained in this Easement to the contrary, 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 Preserve Area resulting from causes beyond Grantor's control, including, without limitation, non-permitted third party action, fire, flood, storm, and seismic movement, or from any minimally necessary and prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 11. Costs and Liabilities. Grantee shall not be charged with any fees, taxes, costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Preserve Area, including the maintenance of adequate comprehensive general liability insurance coverage. 12. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement by written amendment mutually agreed upon by all parties; provided that any amendment shall be consistent with the purpose of this Easement, shall include reference to the significant tribal cultural values and be consistent with protecting those values and shall be perpetual in duration. Any such amendment shall be recorded in the official records of San Diego County, California. 13. Assignment. 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 1986, as amended, and the applicable regulations promulgated thereunder, and authorized to acquire and hold cultural conservation easements under sections 815 et seq. of the California Civil Code, or successor provisions. Grantee shall require that the cultural conservation purpose that this Easement is intended to advance will continue to be carried out by any assignee. Grantee shall also notify Grantor in writing no less than thirty (30) days prior to any assignment, and in advance of any assignment, and shall seek the approval of Grantor to the assignment, but the right Page 4 of18 DOCS 121163-000006/3341818.I0 of assignment is exclusive to the Grantee and shall not be abridged by Granter. Grantor may transfer or convey the Property; provided, however, this Easement shall run with the land, burden the Property and any such transfer or conveyance shall be subject to this Easement. 14. Estoppel Certificates. Upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to requesting party any document, including an estoppel certificate, which certifies compliance with any obligation contained within this Easement and actually complied with. 15. Notices. Any notice, demand, request, consent, approval, or communication that any 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 to the parties at their address stated in on page 1 above or to such other address as either party from time to time shall designate by written notice to the other. 16. Recordation. Grantor shall record this instrument in timely fashion in the official records of San Diego County, California and Granter or Grantee may re-record it any time as may be required to preserve rights hereunder. 17. Executory Limitation. If Grantee shall cease to exist or cease to qualify or to be authorized to acquire and hold conservation easements under California Civil Code sections 815 et seq. and a prior assignment is not made pursuant to paragraph 13, or refuse such rights as set forth in this Easement, then the rights and obligations under this Easement shall vest in such organization as a court of competent jurisdiction shall direct pursuant to California law and with due regard to the requirements of an assignment pursuant to paragraph 13 above, especially to the unique and significant character of the tribal cultural values involved. Grantor may request relief from the court, in an action under this paragraph to void this Easement if Grantee or its assignee ceases to be a qualified organization or refuse their rights under this Easement. Grantor agrees to give Grantee sixty ( 60) days' notice of any intention to seek relief under this paragraph. 18. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Grant shall be liberally construed in favor of the grant to affect the purpose of this Grant and the policy and purpose of California Civil Code sections 815 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Grant 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. Page 5 of 18 DOCS 121163-000006/3341818.10 ( d) Entire Agreement. This instrument sets forth the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with paragraph 12 above. (e) Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of that party's interest in this Easement or Property, as applicable, except that liability for acts or omissions occurring prior to the transfer shall survive transfer. (f) 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. (g) 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. TO HA VE AND TO HOLD unto Grantee, its successors, and assigns forever. [SIGNATURES FOLLOW ON NEXT PAGE.] Page 6 of 18 DOCS 121163-000006/3341818.IO IN WITNESS WHEREOF, Ground Lessor and Ground Lessee have set their hands on the day and year first above written. GROUND LESSOR: SBAD PUBLIC FINANCING AUTHORITY, a joint owe s authority formed by the City of Carls d an the Carlsbad Municipal Water District Attest: ~ Barbara Engelson, City Clerk (Seal) Approved as to form and legality: ~~~ Celia Brewer, City Attorney GROUND LESSEE: GRAND PACIFIC CARLSBAD HOTEL, L.P., a Delaware limited partnership By: Grand Pacific Carlsbad Hotel, Inc., a Delaware corporation, its General Partner David S. Brown, Co-President Page 7 of 18 DOCS 121163-000006/3341818.9 Acknowledgement "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 San Diego ) On AUG O 3 2018 before me, Charissa Hoxie , Notary Public, personally~ )>o: "\ ~ $ • ~Co~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskre 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. ~ e. yyeo ( eJ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHARISSA HOXIE COMM.# 2107787 Cl NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY _. ~Y Comm. Exp. ~ay 21, ,:,019 f Signature Page 8 of 18 DOCS 121163-000006/3341818.9 Acknowledgement "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 o~ San Diego ) AUG O 6 2018 Charissa Hoxfe On ---'="""------= before me, _______ _, Notary Public, personally appeared :f \ M o-f'!l'( ::f. S.+s) :,.e,., , 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 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. CHARISSA HOXIE l COMM. # 2107787 G> NOTARY PUBLIC-CALIFORNIA ~ Si~~ SAN DIEGO COUNTY .... My Comm. Exp. May 17, 2019 f ... -... .. Page 9 of 18 DOCS 121163-000006/3341818.10 Acknowledgement "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 San Diego ) On --.,..&.~~41--.....;,.,-.,..,t:.~~.,.......--, ..:he, la J?. C's,b,1CM , Notary Public, personally appeared ___ ......,.__..LL. __ =.. ...... u.c11c.J.>1""""".....,~--' who proved to ~ on the basis of satisfactory evidence to be the person~hose nam~ subscribed to the within instrument and acknowledged to me that dlii~tthey executed the same in ~uthorized capacity(~ and that by ~ 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. DOCS 12ll63-000006/3341818.10 WITNESS my hand and official seal. Page 10 of 18 SHEILA R. COBIAN Notiry Public -California San Diego County Commission# 2204481 My Comm. Expires Jul 10, 2021 Acknowledgement "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 San Diego ) 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 Page 11 of 18 DOCS 121163-000006/3341818.10 EXHIBIT A LEGAL DESCRIPTION OF PRESERVE AREA PARCEL A COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF CARLSBAD TRACT 14- 08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16262, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ON APRIL 11, 2018 AS FILE NO. 2018-7000122; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 00°00'00" WEST A DISTANCE OF 63.50 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 90°00'00" WEST A DISTANCE OF 0.90 FEET TO A POINT HEREIN AFTER REFERRED TO AS POINT "A", SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°32'11" WEST A DISTANCE OF 24.94 FEET; THENCE SOUTH 50°56'26" WEST A DISTANCE OF 0.10 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 2.19 FEET; THENCE SOUTH 89°59'59" WEST A DISTANCE OF 2.00 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 12.90 FEET; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 0.58 FEET; THENCE NORTH 00°00'36" EAST A DISTANCE OF 3.28 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 0.58 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 43.26 FEET; THENCE NORTH 89°59'59" EAST A DISTANCE OF 3.33 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 17.06 FEET; THENCE SOUTH 89°59'59" WEST A DISTANCE OF 17.06 FEET; THENCE SOUTH 00°00'01" EAST A DISTANCE OF 2.50 FEET; THENCE SOUTH 89°59'59" WEST A DISTANCE OF 8.30 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 15.10 FEET; THENCE NORTH 89°59'59" EAST A DISTANCE OF 0.56 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 4.90 FEET; THENCE SOUTH 89°59'59" WEST A DISTANCE OF 0.56 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 13.77 FEET; THENCE NORTH 89°59'59" EAST A DISTANCE OF 0.56 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 4.90 FEET; THENCE SOUTH 89°59'59" WEST A DISTANCE OF 0.56 FEET; THENCE NORTH 00°00'01" WEST A DISTANCE OF 15.10 FEET; THENCE SOUTH 89°59'57" EAST A DISTANCE OF 8.30 FEET; THENCE SOUTH 00°00'01" EAST A DISTANCE OF 2.50 FEET; THENCE SOUTH 89°59'58" EAST A DISTANCE OF 17.10 FEET; THENCE SOUTH 89°37'38" EAST A DISTANCE OF 14.54 FEET; THENCE SOUTH 56°26'45" WEST A DISTANCE OF 5.32 FEET; THENCE SOUTH 04°42'40" EAST A DISTANCE OF 38.06 FEET; THENCE SOUTH 05°32'33" WEST A DISTANCE OF 2.00 FEET; THENCE SOUTH 21°51'44" EAST A DISTANCE OF 57.09 FEET; THENCE SOUTH 39°03'34" EAST A DISTANCE OF 2.00 FEET; THENCE SOUTH 50°56'26" WEST A DISTANCE OF 10.17 FEET; THENCE SOUTH 09°58'18" WEST A DISTANCE OF 23.21 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING ABOVE THE TOP OF THE EXISTING SLURRY CAP OVER SAID PROPERTY WHOSE UPPER VERTICAL SURFACE IS MORE PARTICULARLY DESCRIBED BELOW AND ILLUSTRATED ON EXHIBIT "B-1" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: Page 12 of 18 DOCS 121163-000006/3341818.10 COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF CARLSBAD TRACT 14- 08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16262, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 11, 2018 AS FILE NO. 2018-7000122; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 00°00'00" WEST A DISTANCE OF 63.50 FEET TO THE TRUE POINT OF BEGINNING (ELEVATION: 255.67); THENCE SOUTH 00°00'00" EAST A DISTANCE OF 14.37 FEET (ELEVATION: 255.35); THENCE SOUTH 90°00'00" WEST A DISTANCE OF 79.20 FEET (ELEVATION: 259.71); THENCE NORTH 00°00'00" WEST A DISTANCE OF 48.84 FEET (ELEVATION: 263.18); THENCE NORTH 00°00'00" WEST A DISTANCE OF 40.14 FEET (ELEVATION: 262.73); THENCE NORTH 00°00'00" WEST A DISTANCE OF 13.92 FEET (ELEVATION: 264.04); THENCE NORTH 00°00'00" WEST A DISTANCE OF 42.65 FEET (ELEVATION: 262.55); THENCE NORTH 90°00'00" EAST A DISTANCE OF 94.88 FEET (ELEVATION: 255.30); THENCE SOUTH 00°00'00" EAST A DISTANCE OF 49.51 FEET (ELEVATION: 253.89); THENCE SOUTH 00°00'00" EAST A DISTANCE OF 12.84 FEET (ELEVATION: 257.25); THENCE SOUTH 00°00'00" EAST A DISTANCE OF 35.78 FEET (ELEVATION: 255.54); THENCE SOUTH 00°00'00" EAST A DISTANCE OF 17.38 FEET (ELEVATION: 255.15); THENCE SOUTH 45°00'00" EAST A DISTANCE OF 22.17 FEET TO THE TRUE POINT OF BEGINNING. ELEV A TIONS SHALL BE BASED ON CITY OF CARLSBAD CONTROL MONUMENT BENCHMARK CLSB-097, RECORDED ON RECORD OF SURVEY NO. 17217, FEBRUARY 8, 2002 AS FILE NO. 2002-0112862. BEING AN ELEVATION OF 290.800 PER DATUM NGVD 29. SAID PORTION OF LAND CONTAINS 4086.6 SQUARE FEET MORE OR LESS. Page 13 of 18 DOCS 121163-000006/3341818.10 DOCS 121163-000006/3341818.10 EXHIBITB DEPICTION OF PRESERVE AREA Page 14 of 18 4011 M~p 18:262 EX.HIBIT "B"' Page 15 of 18 DOCS 121163-000006/3341818.10 EXHIBIT ttB'' SHEET·J IJF /:SIIEET ll#( PATA l4BLE tl#E Qi( tA TA.ii£ Nd I 1JEL{4/ fl~(/ LENfJlll #~ I PEL TA/ Bl(d LENlidl LI .S!!Q;JR)1'1, 4,lc.,pj' t26 I $49'#9~1 ,~,oi 1.2 N§Q~:?lt 0.10· l.27 I s,,:,7'.18-C ll,51:" lJ ~Wt11'"1f ~19J ,tJiJI $til;1#~.,, ~!2; i.1 sag~?Y zoo• ta I a¥2Wit 38]16.' l5 N(J(JrJOt/l?Y /29()'' lJIJ I S05'Ji~7r 2l»• L6 S89:Sti't 0.'58' i.Jt I -s21s1wt: 5Z.f»:' Ll NOOW-~f° J2B;, l» I SJ9TJJ!.H"E 2.'(JIJ' -LB N89'5921"W 0Jj8~ l:3/J. I ~M:?&?Y 10.17' l:I NOOW'ot"W .fJ.26' ,lJI I SO!J:'58'1Bl'if 2.I2i'' ltd I ·N6!J'59·'5tl.f' J.JJ' ut I Norirxlot1r IXOtl iti I ~.wt111t 25()~ 1if1 I Siil.'i9f9-W IZ:116/' LI-I I siJls§,$9/'W a.iit us I NtJi1t»'IJ1?r ]5.10' lid I N119$9'59"E IJ.llli'; ltl 1/IKJtKltlt"W :lilil LIB SiJ!).~"'5§"/f iiM' lJj;. Wl¥lt:¥Xtll1f 1.J..77' .. l}() IIIJ9Sfl'F 1/./iil' }:Pl flti}vfi;fll"fl li:9()' ·LU sillwlwa.1Y /J.56' .. ,. LRJ NiKltklfll"' 15.ltP , .. Z:,j: :S89'5937!" IJ.Jtl' 11$ .. stliifJJtJN'E 2.'50' Page 16 of 18 DOCS 121163-000006/3341818JO - -- -() t2fl DOCS 121163-000006/3341818.10 EXHIBIT B-1 EX:H I BIT "B-·· 1 " Page 17 of 18 L.011 MAp 1saa2 - ---0 DOCS 121163-000006/3341818.IO A:l'!J'· TV EXHIBIT "8-,1" '· . ' ~ - Page 18 of 18 IN WITNESS WHEREOF, the Ground Lessor, the Ground Lessee and Grantee executed this instrument on August _m_, 2018. GROUND LESSOR: SBAD PUBLIC FINANCING AUTHORITY, ers authority formed by the City of 1:suatt-and th Carlsbad Municipal Water District Attest: ~•~ L(::f)"y Ba~City Clerk (Seal) GROUND LESSEE: GRAND PACIFIC CARLSBAD HOTEL, LP., a Delaware limited partnership By: Grand Pacific Carlsbad Hotel, Inc., a Delaware corporation, its General Partner By By: David S. Brown, Co-President DOCS 121163-000001/3390738.1 (3341818) GRANTEE: SAN LUIS REY BAND OF MISSION INDIANS, ::•lif;;;zric~ Melvrh Vernon, Captain DOCS 121163-000001/3390738.1 (3341818) 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 ) c---I\~ ~fl ) ss. COUNTY OF ~ (\ \J\"r ) On ~c.ts± fl, 2018, before me, Charissa Hoxie Notary Public, personally appeared -(1-[""",=-,-M-O--¥Y\--~--~~. -g.c:~-.. -,-~.....---------' 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. )@·· CHARISSA HOXIE [ WITNESS my hand and owfficial seal. ~ .. ·. :·_····. _ COMM.# 2107787 c, ~ , c., ~ . . NOTARYPUBLIC-CALIFORNIA ~ 1-{ -· -_·;,_, -.._,;:_S...;.AN,.;;D..:;;IE;;:::GO.:..;,C;:.:OU!...N;.:.TY:..::.:.:...J ... 1 z My Comm. Exp. May 17, 2019 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 STATE OF CALIFORNIA ) c __ ().' ) ss. COUNTY OF ~(\ ~0 ) On Aii?~ 11, 2018, before me, ----..,---c ___ h __ a,--r_ls=-sa_H-=o~xi_e_~------- Notary Public, personally appeared __ _.S>e:..=~_::__:.J:__\.:..:O.=-__.,S:;_• _ __,~"'""-"r-'-o""'-c.JC::....::..I'-________ _ 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 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. t"} ---... -.. ---C-HA-R-lS-SA_H_O-XI_E __ ( ~ ~ 1 @:.;;·,-:~ NOTA~~~U~L~:m1i~1Nl4 SAN DIEGO COUNTY C> u, z ... My Comm. E!P· May 17, ~19 l Signature -----:..:.:,;;;;,;;.;~::.;;:!...:,;..:.,:_:::.:,:--1_ DOCS 121163-000001/3390738.1 (3341818) (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 STATE OF CALIFORNI~ ) ~ ~)ss COUNTY'fil~J ) • On~ X}, 2018, before me, ~-111-~, NotaryP, personally appeared re ==~ , 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a TAMARA ~-MCMINN Notary Pubhc -California WITNESS my hand and official seal. San Diego County z Commission ti 2159561 ~ \ ,,J1 ;} ..,..,,,,, A M Comm. Ex ires Jul 10. 2020 '<lJ;m,;;,a,j{;j(l ffL~ 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 STATE OF CALIFORNIA COUNTY OF ____ _ ) ) ss. ) On-----~ 2018, 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 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. Signature (Seal) DOCS 121163-000001/3390738.1 (3341818) ACKNOWLEDGMENT 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 S County of an Diego before me Sheila R. Cobian, Notary Public '-------------------(insert name and title of the officer) personally appeared ~ c....h. cu!_ w \ '-" \< who proved to me on the basis of satisfactory evidence to be the personfsfwhose namef5~8fe.... subscribed to the within instrument and acknowledged to me that ~/shcfthey executed the same in ~erfttieirauthorized capacity~). and that by (ns)her,'theiFSignature(sron the instrument the perso,r(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. (Seal)