HomeMy WebLinkAboutItem No. 04 TUMF Improve Lake St/I-15 Improv ProjectText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-450
Agenda Date: 12/12/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 4)
Page 1 City of Lake Elsinore Printed on 12/7/2017
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Brad Fagrell
Date:December 12, 2017
Subject:TUMF Improvement and Credit/Reimbursement Agreement for Lake
Street/I-15 Improvement Project
Recommendation
Approve the attached Improvement and Credit/Reimbursement Agreement and authorize the
City Manager to execute the agreement, subject to minor modification by the City Engineer and
as approved by the City Attorney.
Background
Section 16.83.040H of the City’s Transportation Uniform Mitigation Fee (“TUMF”) Program
provides that a developer may obtain fee credits by constructing public improvements that are to
be otherwise funded by the TUMF Program.
Discussion
Castle & Cooke Alberhill Home Building, Inc. (C&C) is the developer of the Alberhill Villages
Project (Planning Areas 6A and 6B) and the Alberhill Ridge Project (Vesting Tentative Tract
Map N. 35001). As a condition of development, C&C is required to construct the Lake Street / I-
15 interchange improvements (i.e. Traffic signals and modified freeway ramps).
As part of satisfying those requirements, C&C requested the City enter into a
credit/reimbursement agreement with respect to the TUMF Mitigation Fee. Based on
preliminary cost estimates, the developer can receive a maximum TUMF credit of $1,213,845
for this project (see WRCOG letter dated 11/17/17).
The TUMF “Improvement and Credit/Reimbursement Agreement,” based on the WRCOG form,
is attached for your review and consideration.
Castle Cooke TUMF Credit/Reimbursement
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Fiscal Impact
There is no fiscal impact to the City. The agreements provide for actual construction of eligible
public improvements in lieu of payment of fees.
Exhibits
A – Agreement
B – Aerial Photo of TUMF Improvements
C – Letter from WRCOG Re: TUMF
Castle Cooke TUMF Credit Agreement 111217.03 -1-
IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT AND CREDIT AGREEMENT (“Agreement”) is entered
into on December 12, 2017, by and between the City of Lake Elsinore, a California municipal
corporation (“Agency”) and Castle & Cooke Alberhill Home Building, Inc., a California
corporation, with its principal place of business at 10000 Stockdale Highway, Suite 300,
Bakersfield, California 93311 (“Developer”). Agency and Developer are sometimes hereinafter
referred to individually as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, Developer owns 435 acres of real property located within the City of Lake
Elsinore, California. The real property is commonly known as: (i) Alberhill Villages Project
(Planning Areas 6A and 6B); and (ii) Alberhill Ridge Project (Vesting Tentative Tract Map No.
35001), both of which are more specifically described in the legal description set forth in Exhibit
“A”, attached hereto and incorporated herein by this reference (hereinafter collectively as the
“Property”). The Alberhill Villages Project (Planning Areas 6A and 6B) and the Alberhill Ridge
Project (Tract Map No. 35001) contemplate the development of more than 1,500 residential units
along with extensive commercial development and are hereinafter collectively referred to herein
as the “Project”;
WHEREAS, in connection with the Project, Developer is required to construct certain
transportation improvements, including but not limited to, the TUMF Improvements (as more
particularly described in Section 2.0 of this Agreement);
WHEREAS, the Agency is a member agency of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 17
cities located in Western Riverside County. WRCOG is the administrator for the Transportation
Uniform Mitigation Fee (“TUMF”) Program;
WHEREAS, as part of the TUMF Program, the Agency has adopted the Transportation
Uniform Mitigation Fee Nexus Study: 2016 Update (“2016 Nexus Study”);
WHEREAS, as conditions to Agency’s approval of the Project, Agency has required
Developer to construct the TUMF Improvements;
WHEREAS, pursuant to the TUMF Program, the Agency requires Developer to pay the
TUMF which covers the Developer’s fair share of the costs to deliver those TUMF Improvements
that help mitigate the Project’s traffic impacts and burdens on the Regional System of Highways
and Arterials (also known as the “TUMF Network”), generated by the Project and that are
necessary to protect the safety, health and welfare of persons that travel to and from the Project
using the TUMF Network;
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WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal
Significance as further described in the 2016 Nexus Study and the 5 year Transportation
Improvement Program as may be amended;
WHEREAS, Agency and Developer now desire to enter into this Agreement for the
following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to
ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were
constructed under the direction and authority of the Agency, (3) to provide a means by which the
Developer’s costs for project delivery of the TUMF Improvements and related right-of-ways is
offset against Developer’s obligation to pay the applicable TUMF for the Project in accordance
with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to
the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and
authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF
obligation.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, Developer and Agencyhereby
agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Construction of TUMF Improvements. Developer shall construct or have
constructed at its own cost, expense, and liability certain street and transportation system
improvements generally described as the proposed street improvements will include the following:
Lake Street and I-15 On/Off ramp improvements located in the City of Lake
Elsinore, California, as more particularly described in those certain Lake Street at
I-15 Street Improvement Plans (DWG No. 17-014 through 17-037) approved by
City of Lake Elsinore and Caltrans dated 02-17-17 prepared by KWC Engineers,
including without limitation, sawcutting and removal of existing asphalt pavement
including base materials, installation of new base material and asphalt pavement,
new concrete pavement, coldmill/overlay AC pavement, curb and gutter, AC dike,
storm drain extension and structures, guardrails, installation of streetlights,
trenching, conduits, pull boxes, adjustment and relocation of existing utilities
features, signing and striping, traffic signals, minor grading and other street related
improvements, as depicted on Exhibit “H” attached hereto and incorporated herein,
subject to alterations thereto which are approved by Agency as provided in Section
2.6 below (collectively, the “TUMF Improvements”).
Construction of the TUMF Improvements shall include any transitions and/or other
incidental work deemed necessary for drainage and/or public safety. Developer shall be
responsible for the replacement, relocation, or removal of any component of any existing public
or private improvement in conflict with the construction or installation of the TUMF
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Improvements. Such replacement, relocation, or removal shall be performed to the complete
satisfaction of Agency and the owner of such improvement. Developer further promises and
agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering
services necessary to fully and adequately complete the TUMF Improvements.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from
commencing work on any portion of the TUMF Improvements until all plans and specifications
for the TUMF Improvements have been submitted to and approved by Agency. Approval by
Agency shall not relieve Developer from ensuring that all TUMF Improvements conform with all
other requirements and standards set forth in this Agreement.
2.2 Permits and Notices. Prior to commencing any work, Developer shall, at
its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary
and incidental notices required for the lawful construction of the TUMF Improvements and
performance of Developer’s obligations under this Agreement. Developer shall conduct the work
in full compliance with the regulations, rules, and other requirements contained in any permit or
license issued to Developer.
2.3 Public Works Requirements. In order to insure that the TUMF
Improvements will be constructed as if they had been constructed under the direction and
supervision, or under the authority of, Agency, Developer shall comply with all of the following
requirements with respect to the construction of the TUMF Improvements:
(a)Developer shall obtain bids for the construction of the TUMF
Improvements, in conformance with the standard procedures and requirements of Agency with
respect to its public works projects, or in a manner which is approved by the Public Works
Department.
(b)The contract or contracts for the construction of the TUMF
Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive
bid(s) for the construction of the TUMF Improvements.
(c)Developer shall require, and the specifications and bid and contract
documents shall require, all such contractors to pay prevailing wages (in accordance with Articles
1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable
provisions of the Labor Code, the Government Code and the Public Contract Code relating to
public works projects of cities/counties and as required by the procedures and standards of Agency
with respect to the construction of its public works projects or as otherwise directed by the Public
Works Department.
(d)All such contractors shall be required to provide proof of insurance
coverage throughout the term of the construction of the TUMF Improvements which they will
construct in conformance with Agency’s standard procedures and requirements.
(e)Developer and all such contractors shall comply with such other
requirements relating to the construction of the TUMF Improvements which Agency may impose
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by written notification delivered to Developer and each such contractor at any time, either prior to
the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent
required as a result of changes in applicable laws, during the progress of construction thereof.
Developer shall provide proof to Agency, at such intervals and in such form as Agencymay require
that the foregoing requirements have been satisfied as to the TUMF Improvements.
2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for the TUMF Improvements shall be prepared in accordance with all
applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The TUMF Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with
Agency, as well as all applicable federal, state, and local laws, ordinances, regulations, codes,
standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required, constructing the TUMF Improvements in a skillful and workmanlike
manner, and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Developer represents and maintains
that it or its contractors shall be skilled in the professional calling necessary to perform the work.
Developer warrants that all of its employees and contractors shall have sufficient skill and
experience to perform the work assigned to them, and that they shall have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the work, and
that such licenses, permits, qualifications and approvals shall be maintained throughout the term
of this Agreement.
2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF
Improvements completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation it is determined that the
public interest requires alterations in the TUMF Improvements, Developer shall undertake such
design and construction changes as may be reasonably required by Agency. Any and all alterations
in the plans and specifications and the TUMF Improvements to be completed may be accomplished
without first giving prior notice thereof to Developer’s surety for this Agreement.
3.0 Maintenance of TUMF Improvements. Agency shall not be responsible or liable
for the maintenance or care of the TUMF Improvements until Agency approves and accepts them.
Agency shall exercise no control over the TUMF Improvements until accepted. Any use by any
person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk
of Developer at all times prior to Agency’s acceptance of the TUMF Improvements. Developer
shall maintain all of the TUMF Improvements in a state of good repair until they are completed by
Developer and approved and accepted by Agency, and until the security for the performance of
this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work,
but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do
so by Agency. If Developer fails to properly prosecute its maintenance obligation under this
section, Agency may do all work necessary for such maintenance and the cost thereof shall be the
responsibility of Developer and its surety under this Agreement. Agency shall not be responsible
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or liable for any damages or injury of any nature in any way related to or caused by the TUMF
Improvements or their condition prior to acceptance.
4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all
fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but
not limited to, all plan check, design review, engineering, inspection, sewer treatment connection
fees, and other service or impact fees established by Agency.
5.0 Agency Inspection of TUMF Improvements. Developer shall, at its sole cost,
expense, and liability, and at all times during construction of the TUMF Improvements, maintain
reasonable and safe facilities and provide safe access for inspection by Agency of the TUMF
Improvements and areas where construction of the TUMF Improvements is occurring or will
occur.
6.0 Liens. Upon the expiration of the time for the recording of claims of liens as
prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements,
Developer shall provide to Agencysuch evidence or proof as Agency shall require that all persons,
firms and corporations supplying work, labor, materials, supplies and equipment to the
construction of the TUMF Improvements, have been paid, and that no claims of liens have been
recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration
of the said time for the recording of claims of liens, Developer may elect to provide to Agency a
title insurance policy or other security acceptable to Agency guaranteeing that no such claims of
liens will be recorded or become a lien upon any of the Property.
7.0 Acceptance of TUMF Improvements; As-Built or Record Drawings. If the TUMF
Improvements are properly completed by Developer and approved by Agency, and if they comply
with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements, Agency shall be authorized to accept the TUMF Improvements. Agency may, in its
sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to
such time as all of the TUMF Improvements are complete, which shall not release or modify
Developer’s obligation to complete the remainder of the TUMF Improvements. Upon the total or
partial acceptance of the TUMF Improvements by Agency, Developer shall file with the
Recorder’s Office of the County of Riverside a notice of completion for the accepted TUMF
Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208
(“Notice of Completion”), at which time the accepted TUMF Improvements shall become the sole
and exclusive property of Agencywithout any payment therefore. Notwithstanding the foregoing,
Agency may not accept any TUMF Improvements unless and until Developer provides one (1) set
of “as-built” or record drawings or plans to the Agency for all such TUMF Improvements. The
drawings shall be certified and shall reflect the condition of the TUMF Improvements as
constructed, with all changes incorporated therein.
8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF
Improvements against any defective work or labor done, or defective materials furnished in the
performance of this Agreement, including the maintenance of the TUMF Improvements, for a
period of one (1) year following completion of the work and acceptance by Agency (“Warranty”).
During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise
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unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances,
resolutions, regulations, codes, standards, or other requirements of Agency, and to the approval of
Agency. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost,
expense, and liability of Developer and its surety. As to any TUMF Improvements which have
been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby
agree to extend the Warranty for an additional one (1) year period following Agency’s acceptance
of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve
Developer from any other liability it may have under federal, state, or local law to repair, replace,
or reconstruct any TUMF Improvement following expiration of the Warranty or any extension
thereof. Developer’s warranty obligation under this section shall survive the expiration or
termination of this Agreement.
9.0 Administrative Costs. If Developer fails to construct and install all or any part of
the TUMF Improvements, or if Developer fails to comply with any other obligation contained
herein, Developer and its surety shall be jointly and severally liable to Agency for all
administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred
in obtaining compliance with this Agreement or in processing any legal action or for any other
remedies permitted by law.
10.0 Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete
any obligation, term, or condition of this Agreement, or if Agency determines there is a violation
of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement,
Agency may at any time thereafter declare Developer to be in default or violation of this
Agreement and make written demand upon Developer or its surety, or both, to immediately remedy
the default or violation (“Notice”). Developer shall substantially commence the work required to
remedy the default or violation within five (5) days of the Notice. If the default or violation
constitutes an immediate threat to the public health, safety, or welfare, Agency may provide the
Notice verbally, and Developer shall substantially commence the required work within twenty-
four (24) hours thereof. Immediately upon Agency’s issuance of the Notice, Developer and its
surety shall be liable to Agency for all costs of construction and installation of the TUMF
Improvements and all other administrative costs or expenses as provided for in this Section 10.0
of this Agreement.
10.2 Failure to Remedy; Agency Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a completion acceptable to Agency
within the time frame contained in the Notice, Agency may complete all remaining work, arrange
for the completion of all remaining work, and/or conduct such remedial activity as in its sole and
absolute discretion it believes is required to remedy the default or violation. All such work or
remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its
surety, without the necessity of giving any further notice to Developer or surety. Agency’s right
to take such actions shall in no way be limited by the fact that Developer or its surety may have
constructed any of the TUMF Improvements at the time of Agency’s demand for performance. In
the event Agency elects to complete or arrange for completion of the remaining work and the
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TUMF Improvements, Agency may require all work by Developer or its surety to cease in order
to allow adequate coordination by Agency.
10.3 Other Remedies. No action by Agency pursuant to this Section 10.0 et seq.
of this Agreement shall prohibit Agency from exercising any other right or pursuing any other
legal or equitable remedy available under this Agreement or any federal, state, or local law.
Agency may exercise its rights and remedies independently or cumulatively, and Agency may
pursue inconsistent remedies. Agency may institute an action for damages, injunctive relief, or
specific performance.
11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF
Improvements, Developer or its contractor shall provide Agency with surety bonds in the amounts
and under the terms set forth below (“Security”). The amount of the Security shall be based on
the estimated actual costs to construct the TUMF Improvements, as determined by Agency after
Developer has awarded a contract for construction of the TUMF Improvements to the lowest
responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If
Agency determines, in its sole and absolute discretion, that the Estimated Costs have changed,
Developer or its contractor shall adjust the Security in the amount requested by Agency.
Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or
modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.
11.1 Performance Bond. To guarantee the faithful performance of the TUMF
Improvements and all the provisions of this Agreement, to protect Agency if Developer is in
default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee
and warranty of the TUMF Improvements, Developer or its contractor shall provide Agency a
faithful performance bond in an amount which sum shall be not less than one hundred percent
(100%) of the Estimated Costs. The Agency may, in its sole and absolute discretion, partially
release a portion or portions of the security provided under this section as the TUMF Improvements
are accepted by Agency, provided that Developer is not in default on any provision of this
Agreement and the total remaining security is not less than ten percent (10%) of the Estimated
Costs. All security provided under this section shall be released at the end of the Warranty period,
or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer
is not in default on any provision of this Agreement.
11.2 Labor & Material Bond. To secure payment to the contractors,
subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment
for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall
provide Agency a labor and materials bond in an amount which sum shall not be less than one
hundred percent (100%) of the Estimated Costs. The security provided under this section may be
released by written authorization of Agency after one (1) year from the date Agency accepts the
TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice
or mechanic’s lien claims of which Agencyis aware, plus an amount equal to twenty percent (20%)
of such claims for reimbursement of Agency’s anticipated administrative and legal expenses
arising out of such claims.
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11.3 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to
do business in California, and shall be satisfactory to Agency. As part of the obligation secured
by the Security and in addition to the face amount of the Security, Developer, its contractor or the
surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees
and costs, incurred by Agency in enforcing the obligations of this Agreement. Developer, its
contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or
addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications
for the TUMF Improvements shall in any way affect its obligation on the Security.
11.4 Evidence and Incorporation of Security. Evidence of the Security shall be
provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the
Agency, and when such forms are completed to the satisfaction of Agency, the forms and evidence
of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference.
12.0 Indemnification. Developer shall defend, indemnify, and hold harmless Agency,
its elected officials, employees, and agents from any and all actual or alleged claims, demands,
causes of action, liability, loss, damage, or injury to property or persons, including wrongful death,
whether imposed by a court of law or by administrative action of any federal, state, or local
governmental agency, arising out of or incident to any acts, omissions, negligence, or willful
misconduct of Developer, its employees, contractors, or agents in connection with the performance
of this Agreement, or arising out of or in any way related to or caused by the TUMF Improvements
or their condition prior to Agency’s approval and acceptance of the TUMF Improvements
(“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement
of Agency, its elected officials, employees, and/or agents for all legal expenses and costs incurred
by each of them. This indemnification excludes only such portion of any Claim which is caused
solely and exclusively by the negligence or willful misconduct of Agency as determined by a court
or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall
survive the expiration or termination of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by Agency, its elected officials, employees, or agents.
13.0 Insurance.
13.1 Types; Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintain, during performance of this Agreement, insurance of the
types and in the amounts described below (“Required Insurance”). If any of the Required
Insurance contains a general aggregate limit, such insurance shall apply separately to this
Agreement or be no less than two times the specified occurrence limit.
13.1.1 General Liability. Occurrence version general liability insurance, or
equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000)
per occurrence for bodily injury, personal injury, and property damage.
13.1.2 Business Automobile Liability. Business automobile liability
insurance, or equivalent form, with a combined single limit of not less than One Million Dollars
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($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation,
maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the
insured or for which the insured is responsible.
13.1.3 Workers’ Compensation. Workers’ compensation insurance with
limits as required by the Labor Code of the State of California and employers’ liability insurance
with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during
which insured retains employees.
13.1.4 Professional Liability. For any consultant or other professional who
will engineer or design the TUMF Improvements, liability insurance for errors and omissions with
limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and
maintained for a period of five (5) years following completion of the TUMF Improvements. Such
insurance shall be endorsed to include contractual liability.
13.2 Deductibles. Any deductibles or self-insured retentions must be declared to
and approved by Agency. At the option of Agency, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects Agency, its elected officials, officers,
employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial
guarantee satisfactory to Agency guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
13.3 Additional Insured; Separation of Insureds. The Required Insurance, except
for the professional liability and workers’ compensation insurance, shall name Agency, its elected
officials, officers, employees, and agents as additional insureds with respect to work performed by
or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished
in connection therewith. The Required Insurance shall contain standard separation of insureds
provisions, and shall contain no special limitations on the scope of its protection to Agency, its
elected officials, officers, employees, or agents.
13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall
be primary with respect to any insurance or self-insurance programs covering Agency, its elected
officials, officers, employees, or agents. The policy required for workers’ compensation insurance
shall provide that the insurance company waives all right of recovery by way of subrogation
against Agency in connection with any damage or harm covered by such policy.
13.5 Certificates; Verification. Developer and its contractors shall furnish
Agency with original certificates of insurance and endorsements effecting coverage for the
Required Insurance. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be received and approved by Agency before work pursuant to this Agreement
can begin. Agency reserves the right to require complete, certified copies of all required insurance
policies, at any time.
13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the
Required Insurance for the term of this Agreement and shall replace any certificate, policy, or
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endorsement which will expire prior to that date. All policies shall be endorsed to provide that the
Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except
on thirty (30) days’ prior written notice to Agency.
13.7 Insurer Rating. Unless approved in writing by Agency, all Required
Insurance shall be placed with insurers licensed to do business in the State of California and with
a current A.M. Best rating of at least “A” and FSC-VIII.
14.0 TUMF Credit.
14.1 Developer’s TUMF Obligation. Developer hereby agrees and accepts that,
as of the date of this Agreementfor the purpose of estimating the TUMF for the Project, the amount
Developer is obligated to pay to Agencypursuant to Lake Elsinore Municipal Code, Chapter 16.83
and the resolutions related thereto (the “City TUMF Ordinance”) as part of the TUMF Program,
in connection with Developer’s development of the Project, will be Twenty Million Seven
Hundred Six Thousand Three Hundred Ninety-Six Dollars ($20,706,396) (the “TUMF
Obligation”). The TUMF Obligation shall be initially determined under the nexus study and fee
schedule in effect for the Agency at the time the Developer submits a building permit application
for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid
until Certificates of Occupancy are obtained for applicable portions of the Project.
14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that
this Agreement shall not estop Agencyfrom adjusting the TUMF in accordance with the provisions
of the City TUMF Ordinance and the TUMF Program, as may be amended from time to time.
14.3 Credit Offset Against TUMF Obligation. Pursuant to the City TUMF
Ordinance, and in consideration for Developer's obligation under this Agreement for the delivery
of TUMF Improvements, credit shall be applied by Agency to offset the TUMF Obligation
(“Credit”) subject to adjustment and reconciliation under Section 14.5 of this Agreement.
Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated
the process of project delivery of TUMF Improvements to the lowest responsible bidder in
accordance with this Agreement. Developer further agrees that the dollar amount of the Credit
shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest
responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the
time of the contract award, as such assumptions are identified and determined in the 2016 Nexus
Study and the TUMF Administrative Plan adopted by WRCOG (“Unit Cost Assumptions”).
The bid amount and the Unit Cost Assumptions shall hereafter be collectively
referred to as “Estimated Credit”. At no time will the Credit exceed the Developer’s TUMF
Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF
Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the
Project and may apply for a reimbursement agreement, to the extent applicable, as provided in
Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar
amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the
TUMF Obligation as follows:
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(1)For residential units in the Project, the Credit shall be applied to all
residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the
TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset
applicable to each unit, shall be identified in the notice provided to the Developer by Agency
pursuant to this section.
(2)For commercial and industrial structures in the Project, the Credit shall be
applied to all commercial and industrial development to offset and/or satisfy the TUMF
Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been
offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s),
shall be identified in the notice provided to the Developer by Agency pursuant to this section.
Agency shall provide Developer written notice of the determinations that Agency makes pursuant
to this section, including how the Credit is applied to offset the TUMF Obligation as described
above.
14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice
of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by
Agency, Developer shall submit to the Agency Public Works Director the information set forth in
the attached Exhibit “C”. The Agency Public Works Director, or his or her designee, shall use the
information provided by Developer to calculate the total actual costs incurred by Developer in
delivering the TUMF Improvements covered under this Agreement (“Verified Costs”). The
Agency Public Works Director will use his or her best efforts to determine the amount of the
Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of
receipt of all the required information from Developer.
14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The
Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature.
The actual amount of Credit that shall be applied by Agency to offset the TUMF Obligation shall
be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF
Improvements as determinedin accordance with Section 14.3of this Agreement (“Actual Credit”).
No Actual Credit will be awarded until the Verified Costs are determined through the
reconciliation process. Please be advised that while a Developer may use an engineer’s estimates
in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be
determined by the reconciliation process.
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar
amount of the TUMF Obligation, the Agency Public Works Director shall provide written notice
to Developer of the amount of the difference owed (“TUMF Balance”) and Developer shall pay
the TUMF Balance in accordance with the City TUMF Ordinance to fully satisfy the TUMF
Obligation (see Exhibit “F” - Example “A”).
(b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the
TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the
Project and may apply for a reimbursement agreement, to the extent applicable, as provided in
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Section 14.6 of this Agreement. Agency shall provide Developer written notice of the
determinations that Agency makes pursuant to this section (see Exhibit “F” - Example “B”).
(c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the
Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional
monies collected by Agency from Developer for the TUMF Obligation exceed the TUMF
Obligation (“TUMF Overpayment”), Developer will be deemed to have fully satisfied the TUMF
Obligation for the Project and may be entitled to a refund. The Agency’s Public Works Director
shall provide written notice to WRCOG and the Developer of the amount of the TUMF
Overpayment and Agency shall direct WRCOG to refund the Developer in accordance with the
City TUMF Ordinance (see Exhibit “F” - Example C).
14.6 Reimbursement Agreement. If authorized under either Section 14.3 or
Section 14.5 Developer may apply to Agency and WRCOG for a reimbursement agreement for
the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to
Section 14.3 of this Agreement, the City TUMF Ordinance, and the TUMF Administrative Plan
adopted by WRCOG (“Reimbursement Agreement”). If Agency and WRCOG agree to a
Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on
the form set forth in Exhibit “D,” and shall contain the terms and conditions set forth therein. The
Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of
this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall
be attached hereto and shall be incorporated herein as a material part of this Agreement as though
fully set forth herein.
15.0 Miscellaneous.
15.1 Assignment. Developer may assign all or a portion of its rights pursuant to
this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer
and such purchaser and assignee ("Assignee") shall provide to Agency such reasonable proof as it
may require that Assignee is the purchaser of such portions of the Property. Any assignment
pursuant to this section shall not be effective unless and until Developer and Assignee have
executed an assignment agreement with Agency in a form reasonably acceptable to Agency,
whereby Developer and Assignee agree, except as may be otherwise specifically provided therein,
to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to
this Agreement, including such credit as is determined to be applicable to the portion of the
Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that
Assignee shall be bound by all applicable provisions of this Agreement.
15.2 Relationship Between the Parties. The Parties hereby mutually agree that
this Agreement shall not operate to create the relationship of partnership, joint venture, or agency
between Agency and Developer. Developer’s contractors are exclusively and solely under the
control and dominion of Developer. Nothing herein shall be deemed to make Developer or its
contractors an agent or contractor of Agency.
15.3 Warranty as to Property Ownership; Authority to Enter Agreement.
Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to
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enter into this Agreement. Each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority make this Agreement and bind each
respective Party.
15.4 Prohibited Interests. Developer warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for Developer,
to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for Developer, any fee,
commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of
this Agreement. For breach of this warranty, Agency shall have the right to rescind this Agreement
without liability.
15.5 Notices. All notices, demands, invoices, and written communications shall
be in writing and delivered to the following addresses or such other addresses as the Parties may
designate by written notice:
To Agency:City of Lake Elsinore
Attn: Grant M. Yates, City Manager
130 South Main Street
Lake Elsinore, CA 92530
Fax No. (951) 674-2392
To Developer:Castle & Cooke Alberhill Home Building, Inc.
Attn: Laura M. Whitaker, President
10000 Stockdale Highway, Suite 300
Bakersfield, CA 93311
Fax No. (661) 664-6030
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail
first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
15.7 Construction; References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days, or period for performance shall be deemed calendar days and not work
days. All references to Developer include all personnel, employees, agents, and contractors of
Developer, except as otherwise specified in this Agreement. All references to Agency include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
-14-
15.8 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
15.9 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual right by custom, estoppel, or otherwise.
15.10 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
15.11 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
15.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
15.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Riverside, California. Each Party waives the
benefit of any provision of state or federal law providing for a change of venue to any other court
or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
15.14 Time is of the Essence. Time is of the essence in this Agreement, and the
Parties agree to execute all documents and proceed with due diligence to complete all covenants
and conditions.
15.15 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original and which collectively shall constitute one instrument.
15.16 Entire Agreement. This Agreement contains the entire agreement between
Agency and Developer and supersedes any prior oral or written statements or agreements between
Agency and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
DEVELOPER:
Castle & Cooke Alberhill Home Building, Inc., a
California corporation
By: ______________________________
Laura Whitaker, President
AGENCY:
City of Lake Elsinore, a California municipal
corporation
By: ________________________________
Grant Yates, City Manager
ATTEST:
By: __________________________
Susan Domen, City Clerk
APPROVED AS TO FORM:
By: ___________________________
Barbara Zeid Leibold, City Attorney
________________________________
EXHIBIT A-1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
ALBERHILL RIDGE TRACT 35001
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RIVERSIDE, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 23; THENCE SOUTH 89° 32' 18" EAST ON
THE NORTH LINE OF SAID SECTION 23, 386.12 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 15, AS SAID HIGHWAY WAS DESCRIBED TO THE STATE OF
CALIFORNIA RECORDED APRIL 17, 1978 AS INSTRUMENT NO. 72638, OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; THENCE ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE
HIGHWAY 15 THE FOLLOWING COURSES:
SOUTH 74° 26' 01" EAST, 326.21 FEET; SOUTH 81° 13' 06" EAST, 100.44 FEET; SOUTH 72° 17' 02" EAST,
343.53 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF THOSE CERTAIN PARCELS ON DIRECTORS
DEED RECORDED SEPTEMBER 9, 1983 AS INSTRUMENT NO. 185178, OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; THENCE SOUTH 12° 17' 11" EAST ON THE WESTERLY LINE OF SAID PARCEL 2,
31.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 72° 17' 02" EAST ON
THE SOUTHERLY LINE OF SAID PARCEL 2, 20.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL
2; THENCE NORTH 47° 43' 07" EAST ON THE EASTERLY LINE OF SAID PARCEL 2, 31.18 FEET TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 2, SAID NORTHEASTERLY CORNER ALSO BEING A POINT ON
THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF INTERSTATE HIGHWAY 15;
THENCE ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 15 THE FOLLOWING
COURSES:
SOUTH 72° 17' 02" EAST, 691.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 3,000.00 FEET; SOUTHEASTERLY ON SAID CURVE THROUGH
AN ANGLE OF 12° 28' 03", 652.80 FEET; TANGENT TO SAID CURVE SOUTH 59° 48' 59" EAST, 726.73 FEET
TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
2,000.00 FEET; SOUTHEASTERLY ON SAID CURVE THROUGH AN ANGLE OF 07° 02' 45", 245.95 FEET;
TANGENT TO SAID CURVE SOUTH 52° 46' 14" EAST, 597.99 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,500.00 FEET; SOUTHEASTERLY ON SAID
CURVE THROUGH AN ANGLE OF 07° 08' 38", 311.71 FEET; TANGENT TO SAID CURVE SOUTH 45° 37' 36"
EAST, 405.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING
A RADIUS OF 2,500.00 FEET; SOUTHEASTERLY ON SAID CURVE THROUGH AN ANGLE OF 07° 47' 04"
339.66 FEET; TANGENT TO SAID CURVE SOUTH 37° 50' 32" EAST, 771.73 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,500.00 FEET;
SOUTHEASTERLY ON SAID CURVE THROUGH AN ANGLE OF 05° 57' 22" 259.88 FEET; TANGENT TO SAID
CURVE SOUTH 31° 53' 10" EAST, 383.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1,500.00 FEET; SOUTHEASTERLY ON SAID CURVE THROUGH
EXHIBIT A-2
AN ANGLE OF 09° 12' 30" 241.07 FEET; TANGENT TO SAID CURVE SOUTH 22° 40' 40" EAST, 374.53 FEET
TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24 OF AFORESAID TOWNSHIP AND RANGE; THENCE LEAVING SAID
SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 15 NORTH 88° 20' 47" WEST ON SAID
SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, 358.12 FEET
TO THE EAST LINE OF AFORESAID SECTION 23; THENCE SOUTH 01° 20' 36" WEST ON SAID EAST LINE OF
SECTION 23, 1,340.00 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE NORTH 89° 38'
49" WEST ON THE SOUTH LINE OF SAID SECTION 23, 2,631.49 FEET TO THE SOUTH QUARTER CORNER
OF SAID SECTION 23; THENCE CONTINUING ON SAID SOUTH LINE OF SECTION 23 NORTH 89° 03' 04"
WEST, 2,628.79 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE NORTH 00° 52' 20"
EAST ON THE WEST LINE OF SAID SECTION 23, 5,282.56 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECEMBER 30,
2004 AS INSTRUMENT NO. 2004-1036504 OFFICIAL RECORDS.
ALSO EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS,
NATURAL GAS RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY
WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT
HERETOFORE BEEN RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN
AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE
DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS
HEREINABOVE DESCRIBED, AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT
NO. 337562 OFFICIAL RECORDS.
EXCEPTING FROM THE ABOVE DESCRIBED LAND ANY PORTION THEREOF LYING WITHIN THE LAND
DESCRIBED IN THAT CERTAIN SUBSTITUTION OF TRUSTEE AND PARTIAL RECONVEYANCE RECORDED
FEBRUARY 16, 2016 AS INSTRUMENT NO. 2016-0059124 OF OFFICIAL RECORDS AND ALSO IN THE DEED
TO THE COUNTY OF RIVERSIDE RECORDED MAY 9, 2016 AS INSTRUMENT NO. 2016-0185856 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PARCEL "A":
BEING PORTIONS OF PARCEL 1 OF A GRANT DEED, RECORDED MARCH 22, 2006, AS INSTRUMENT NO.
2006-0203625, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
RIVERSIDE STATE OF CALIFORNIA, LYING WITHIN SECTION 23, TOWNSHIP 5 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23, AS SHOWN ON A RECORD OF SURVEY
ON FILE IN BOOK 88, PAGES 76 THROUGH 82, OF RECORD OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 23, SOUTH 89°04'59" EAST, A DISTANCE OF
1042.16 FEET TO A POINT LYING ON THE WESTERLY LINE OF THAT LAND CONVEYED TO THE COUNTY OF
RIVERSIDE BY GRANT DEED, RECORDED DECEMBER 30, 2004, AS INSTRUMENT NO. 2004-1036504, OF
OFFICIAL RECORDS, OF SAID COUNTY;
EXHIBIT A-3
THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE, NORTH 41°37'29" EAST, A DISTANCE OF 166.45
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
1745.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 85°30'24" EAST, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE, LEAVING SAID WESTERLY LINE, THROUGH A
CENTRAL ANGLE OF 21°57'23", AN ARC DISTANCE OF 668.70 FEET TO THE BEGINNING OF A NON-
TANGENT LINE, A RADIAL BEARING TO SAID POINT BEARS NORTH 72°32'13" EAST;
THENCE NORTH 62°02'43" EAST, A DISTANCE OF 268.17 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 924.00 FEET;
THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 18°30'20",
AN ARC DISTANCE OF 298.43 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY
AND HAVING A RADIUS OF 41.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH
46°27'36" WEST;
THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 57°01’37", AN
ARC DISTANCE OF 40.81 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND
HAVING A RADIUS OF 109.00 FEET, A RADIAL BEARING THOUGH SAID POINT BEARS SOUTH 10°34'00"
WEST;
THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 39°21'21", AN
ARC DISTANCE OF 74.87 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE NORTHEASTERLY ALONG SAID TANGENT LINE, NORTH 61°12'40" EAST, A DISTANCE OF 32.36
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
309.00 FEET;
THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 33°59'25",
AN ARC DISTANCE OF 183.31 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE NORTHEASTERLY ALONG SAID TANGENT LINE, NORTH 27°13'15" EAST, A DISTANCE OF 127.89
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
291.00 FEET;
THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 18°02'11",
AN ARC DISTANCE OF 91.60 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE NORTHEASTERLY ALONG SAID TANGENT LINE, NORTH 45°15'26" EAST, A DISTANCE OF 495.50
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
354.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°13'22" EAST;
THENCE 31°41'14", AN ARC DISTANCE OF 195.78 FEET TO A POINT LYING ON THE SOUTHWESTERLY LINE
OF SAID INSTRUMENT NO. 2004-1036504, SAID POINT ALSO BEING THE BEGINNING OF A NON-
TANGENT LINE, A RADIAL BEARING TO SAID POINT BEARS NORTH 57°32'08" EAST;
THE FOLLOWING NINE (9) COURSE ARE ALONG THE SOUTHWESTERLY AND WESTERLY LINE OF SAID
INSTRUMENT NO. 2004-1036504:
THENCE SOUTH 37°52'55" EAST, A DISTANCE OF 132.83 FEET;
THENCE SOUTH 02°44’53" EAST, A DISTANCE OF 126.72 FEET;
THENCE SOUTH 24°50'47" WEST, A DISTANCE OF 164.28 FEET;
THENCE SOUTH 16°21'18" WEST, A DISTANCE OF 814.59 FEET;
EXHIBIT A-4
THENCE SOUTH 22°47I57" WEST, A DISTANCE OF 343.25 FEET;
THENCE SOUTH 29°38’22" WEST, A DISTANCE OF 375.65 FEET;
THENCE SOUTH 84°08’08" WEST, A DISTANCE OF 215.58 FEET;
THENCE SOUTH 86°03'32" WEST, A DISTANCE OF 322.53 FEET;
THENCE SOUTH 41°37'29" WEST, A DISTANCE OF 8.78 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 5 OF THE PARTIAL RECONVEYANCE
RECORDED OCTOBER 1, 1990 AS INSTRUMENT NO. 363080 TO WIT:
THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 5 SOUTH,
RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 27, OF SAID TOWNSHIP AND RANGE, LYING
971.06 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 26; SAID POINT BEING ON A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1,545.00 FEET, SAID NON-TANGENT CURVE
BEING THE SAME CURVE DESCRIBED BY COUNTY OF RIVERSIDE LOT LINE ADJUSTMENT NO. 3041, FILED
JANUARY 9, 1990 AS INSTRUMENT NO. 10554, RECORDS OF SAID RIVERSIDE COUNTY, AS BEING
TANGENT TO THAT CERTAIN LINE DESCRIBED THEREIN AS BEING PARALLEL WITH AND DISTANCE 55.00
FEET (MEASURED AT RIGHT ANGLES) NORTHWESTERLY OF THE CENTER LINE OF SAID ROBB ROAD AND
BEARING NORTH 31° 16' 06" EAST A DISTANCE OF 2,339.28 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 08° 34' 23" A DISTANCE OF 231.18 FEET; THENCE ALONG A
RADIAL LINE OF SAID CURVE SOUTH 73° 38' 14" EAST A DISTANCE OF 288.30 FEET TO A TANGENT CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,600.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 31° 26' 24" A DISTANCE OF 877.97 FEET TO A TANGENT LINE;
THENCE ALONG SAID TANGENT LINE SOUTH 42° 11' 50" EAST A DISTANCE OF 2,497.73 FEET TO A
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,600.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 11' 41" A DISTANCE OF 89.21 FEET
TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26.
EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECEMBER 30,
2004 AS INSTRUMENT NO. 2004-1036504 OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE CITY OF LAKE
ELSINORE, A MUNICIPAL CORPORATION RECORDED OCTOBER 4, 2010 AS INSTRUMENT NO. 2010-
0473234 OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS,
NATURAL GAS RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY
WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT
HERETOFORE BEEN RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN
EXHIBIT A-5
AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE
DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS
HEREINABOVE DESCRIBED, AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT
NO. 337562 OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL MINERALS, INCLUDING, WITHOUT LIMITING THE GENERALITY
THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID
MINERALS, WITHOUT, HOWEVER, THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY
PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS. TOGETHER WITH THE RIGHT TO REMOVE ANY OF SAID MINERALS FROM SAID LAND BY
MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE
CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS
SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY
IMPROVEMENTS THEREON, AS RESERVED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY IN THE DEED RECORDED NOVEMBER 27, 1985 AS INSTRUMENT NO. 268350, OFFICIAL
RECORDS.
PARCEL 3
THAT PORTION OF SECTION 22 IN TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN,
IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 15 OF AFORESAID TOWNSHIP AND RANGE;
THENCE ON THE EAST LINE OF SAID SECTION, NORTH 01° 34' 20" EAST, 102.44 FEET; THENCE NORTH 75°
52' 36" WEST, 150.94 FEET; THENCE SOUTH 14° 07' 23" 16.53 FEET; THENCE NORTH 75° 23' 52" WEST,
558.32 FEET TO A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET; THENCE WESTERLY ON
SAID CURVE THROUGH AN ANGLE OF 27° 15' 52", 237.93 FEET; THENCE SOUTH 09° 00' 00" EAST, 65.00
FEET; THENCE SOUTH 80° 14' 46" WEST, 760.07 FEET; THENCE SOUTH 59° 49" 58" 94.35 FEET TO THE
SOUTH LINE OF SAID SECTION 15; THENCE NORTH 89° 08' 21" WEST ON SAID SOUTH LINE TO THE
NORTH QUARTER CORNER OF SAID SECTION 22; THENCE SOUTH 01° 05' 39" WEST, 56.18 FEET; THENCE
NORTH 78° 15' 04" WEST, 551.28 FEET; THENCE NORTH 79° 56' 51" WEST, 405.96 FEET; THENCE SOUTH
06° 07' 51" EAST, 200.06 FEET; THENCE SOUTH 83° 36' 04" WEST, 17.00 FEET; THENCE SOUTH 04° 08'
19" EAST, 152.12 FEET; THENCE SOUTH 06° 23' 56" EAST, 275.80 FEET TO THE BEGINNING OF A CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 1,956.00 FEET; THENCE SOUTHERLY 790.28 FEET ON SAID
CURVE THROUGH A CENTRAL ANGLE OF 23° 08' 57"; THENCE SOUTH 60° 27' 07" WEST, 6.00 FEET TO
THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE COUNTY OF RIVERSIDE RECORDED
SEPTEMBER 3, 1924 IN BOOK 544, PAGE 315 OF DEEDS; THENCE SOUTHERLY ON SAID EASTERLY LINE TO
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH ON SAID WEST LINE
TO THE SOUTH QUARTER CORNER OF SAID SECTION 22; THENCE EAST ON THE SOUTH LINE OF SAID
SECTION 22 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH ON SAID EAST LINE TO THE POINT
OF BEGINNING.
EXHIBIT A-6
EXCEPT THAT PORTION LYING WEST OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE WESTERLY ON THE SOUTH LINE
OF SAID SECTION 22 149.66 FEET TO THE NORTHEASTERLY LINE, THE TRUE POINT OF BEGINNING;
THENCE ON SAID NORTHEASTERLY LINE THE FOLLOWING COURSES: NORTH 15° 42' 00" WEST 206.47
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
1,005.34 FEET; NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE OF 36° 24' 00" 638.69 FEET;
TANGENT TO SAID CURVE NORTH 52° 06' 00" WEST 349.70 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,242.00 FEET; NORTHWESTERLY ON SAID
CURVE THROUGH AN ANGLE OF 22° 06' 00' 864.78 FEET; TANGENT TO SAID CURVE NORTH 30° 00' 00"
WEST 498.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING
A RADIUS OF 623.40 FEET; NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE OF 27° 24' 00"
298.12 FEET; TANGENT TO SAID CURVE NORTH 57° 24' 00" WEST 686.20 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,860.08 FEET;
NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE OF 06° 14' 00" 202.36 FEET; TANGENT TO SAID
CURVE NORTH 51° 10' 00" WEST 18.21 FEET TO THE WEST LINE OF SAID EAST ONE-HALF OF SECTION 22,
THE NORTHERLY TERMINUS OF SAID NORTHEASTERLY LINE.
ALSO EXCEPT THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 22.
ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECEMBER
30, 2004 AS INSTRUMENT NO. 2004-1036504 OFFICIAL RECORDS.
EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS, NATURAL GAS
RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY WHATSOEVER
NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT HERETOFORE
BEEN RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND
REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL
OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS HEREINABOVE
DESCRIBED, AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT NO. 337562
OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL MINERALS, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF,
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS,
WITHOUT, HOWEVER, THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART
THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS. TOGETHER WITH THE RIGHT TO REMOVE ANY OF SAID MINERALS FROM SAID LAND BY
MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE
CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS
SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY
IMPROVEMENTS THEREON, AS RESERVED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY IN THE DEED RECORDED NOVEMBER 27, 1985 AS INSTRUMENT NO. 268350, OFFICIAL
RECORDS.
EXHIBIT A-7
EXCEPTING FROM THE ABOVE DESCRIBED LAND ANY PORTION THEREOF LYING WITHIN THE LAND
DESCRIBED IN THAT CERTAIN SUBSTITUTION OF TRUSTEE AND PARTIAL RECONVEYANCE RECORDED
FEBRUARY 16, 2016 AS INSTRUMENT NO. 2016-0059124 OF OFFICIAL RECORDS AND ALSO IN THE DEED
TO THE COUNTY OF RIVERSIDE RECORDED MAY 9, 2016 AS INSTRUMENT NO. 2016-0185856 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PARCEL B:
BEING PORTIONS OF. PARCELS 3 AND 6 OF A GRANT DEED, RECORDED MARCH 22, 2006, AS
INSTRUMENT NO. 2006-0203625, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 22, TOWNSHIP 5 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICIAL PLAT
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, AS SHOWN ON A RECORD OF SURVEY ON
FILE IN BOOK 88, PAGES 76 THROUGH 82, OF RECORD OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23, NORTH 00°53'18" EAST, A DISTANCE OF
4036.32 FEET TO A POINT LYING ON THE SOUTHWESTERLY LINE OF THAT LAND CONVEYED TO THE
COUNTY OF RIVERSIDE BY GRANT DEED, RECORDED DECEMBER 30, 2004, AS INSTRUMENT NO. 2004-
1036504, OF OFFICIAL RECORDS, OF SAID COUNTY;
THE FOLLOWING FOUR (4) COURSES ARE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID
INSTRUMENT NO. 04-1036504:
THENCE NORTH 19°45'52” WEST, A DISTANCE OF 86.92 FEET;
THENCE NORTH 58°17'49" WEST, A DISTANCE OF 368.89 FEET;
THENCE SOUTH 75°09'21" WEST, A DISTANCE OF 529.98 FEET;
THENCE NORTH 02°49'18" WEST, A DISTANCE OF 81.54 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTHWESTERLY, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 78°16'15" WEST, A DISTANCE
OF 65.67 FEET;
THENCE NORTH 72°42’25" WEST, A DISTANCE OF 64.72 FEET;
THENCE SOUTH 45°49’31" WEST, A DISTANCE OF 584.10 FEET;
THENCE NORTH 44°10'29" WEST, A DISTANCE OF 310.83 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 795.00 FEET;
THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 43°10'39",
AN ARC DISTANCE OF 599.10 FEET TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL BEARING TO
SAID POINT BEARS NORTH 02°38'51” EAST;
THENCE NORTHERLY ALONG SAID NON-TANGENT LINE NORTH 02°38'17" EAST, A DISTANCE OF 149.55
FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 04-1036504;
THE FOLLOWING SEVENTEEN (17) COURSES ARE ALONG THE SOUTHERLY, SOUTHEASTERLY AND
SOUTHWESTERLY LINE OF SAID INSTRUMENT NO, 04-1036504:
EXHIBIT A-8
THENCE SOUTH 40°47'03" EAST, A DISTANCE OF 201.70 FEET;
THENCE SOUTH 89°34'46" EAST, A DISTANCE OF 159.24 FEET;
THENCE NORTH 06°56'16" WEST, A DISTANCE OF 73.13 FEET;
THENCE NORTH 59°27'28" EAST, A DISTANCE OF 154.25 FEET;
THENCE SOUTH 65°14'28" EAST, A DISTANCE OF 176.56 FEET;
THENCE NORTH 31°23'11" EAST, A DISTANCE OF 187.10 FEET;
THENCE NORTH 10°04’01” WEST, A DISTANCE OF 316.83 FEET;
THENCE NORTH 7°47'25" EAST, A DISTANCE OF 217.01 FEET;
THENCE SOUTH 85°45'54” EAST, A DISTANCE OF 150.54 FEET;
THENCE SOUTH 53°40'42" EAST, A DISTANCE OF 248.70 FEET;
THENCE NORTH 82°12'58" EAST, A DISTANCE OF 51.78 FEET;
THENCE NORTH 46°06'48" EAST, A DISTANCE OF 69.28 FEET;
THENCE NORTH 50°49'26” EAST, A DISTANCE OF 195.23 FEET;
THENCE SOUTH 44°01'13" EAST, A DISTANCE OF 368.85 FEET;
THENCE SOUTH 21°14'17" EAST, A DISTANCE OF 269.17 FEET;
THENCE SOUTH 31 °09'13" WEST, A DISTANCE OF 236.83 FEET;
THENCE SOUTH 57°38'09" WEST, A DISTANCE OF 228.51 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 4:
THAT PORTION OF THE EAST ONE-HALF OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF PARCEL 2 AND 3 OF
THOSE CERTAIN PARCELS DESCRIBED BY DEED TO CHARLES J. BIDDLE RECORDED MARCH 18, 1987 AS
INSTRUMENT NO. 73306, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHEASTERLY LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE WESTERLY ON THE SOUTH LINE
OF SAID SECTION 22, 149.66 FEET TO SAID NORTHEASTERLY LINE, THE TRUE POINT OF BEGINNING;
THENCE ON SAID NORTHEASTERLY LINE THE FOLLOWING COURSES:
NORTH 15° 42' 00" WEST 206.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 1,005.34 FEET; NORTHWESTERLY ON SAID CURVE
THROUGH AN ANGLE OF 36° 24' 00" 638.69 FEET; TANGENT TO SAID CURVE NORTH 52° 06' 00" WEST
349.70 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 2,242.00 FEET; NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE OF 22° 06' 00"
864.78 FEET; TANGENT TO SAID CURVE NORTH 30° 00' 00" WEST 498.50 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 623.40 FEET; NORTHWESTERLY
ON SAID CURVE THE AN ANGLE OF 27° 24' 00" 298.12 FEET; TANGENT TO SAID CURVE NORTH 57° 24'
00" WEST 686.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND
EXHIBIT A-9
HAVING A RADIUS OF 1,860.08 FEET; NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE OF 06° 14'
00" 202.36 FEET; TANGENT TO SAID CURVE NORTH 51° 10' 00" WEST 18.21 FEET TO THE WEST LINE OF
SAID EAST ONE-HALF OF SECTION 22, THE NORTHERLY TERMINUS OF SAID NORTHEASTERLY LINE.
EXCEPT THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22 LYING SOUTHWESTERLY
OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 89° 06' 02" WEST ON
THE SOUTH LINE OF SAID SECTION 22 966.02 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE
POINT OF BEGINNING BEING ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1,550.00 FEET, A RADIAL LINE TO SAID BEGINNING OF
CURVE BEARS SOUTH 82° 11' 19" EAST; THENCE NORTHWESTERLY ON SAID NON-TANGENT CURVE
THROUGH AN ANGLE OF 55° 32' 31" 1,502.55 FEET; THENCE TANGENT TO SAID CURVE NORTH 47° 43'
50" WEST, 1,260.77 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 1,650.00 FEET; THENCE NORTHWESTERLY ON SAID CURVE THROUGH AN ANGLE
OF 11° 50' 54" 341.21 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SOUTHEAST ONE-
QUARTER OF SECTION 22, THE NORTHERLY TERMINUS OF SAID LINE.
EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE LINES OF THE LAND DESCRIBED IN
THE DEED TO THE CITY OF LAKE ELSINORE, IN DEED RECORDED JULY 2, 2008 AS INSTRUMENT NO. 2008-
0361222 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTION 22 AND 27 AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 88, PAGES
76 THROUGH 82, RECORDS OF RIVERSIDE COUNTY, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN
BERNARDINO BASE AND MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 22, NORTH 89°05’53” WEST, A DISTANCE OF 910.66
FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING ON A NON-TANGENT CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 1810.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85°16’37” EAST;
THENCE NORTHWESTERLY AN ARC LENGTH OF 931.96 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 29°30’05” TO THE BEGINNING OF A NON-TANGENT REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 2402.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
41°46’31” WEST;
THENCE NORTHWESTERLY AN ARC LENGTH OF 128.37 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 03°03’44” TO A POINT OF CUSP WITH A NON-TANGENT REVERSE CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 1550.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 59°36’45” EAST;
THENCE SOUTHERLY AN ARC LENGTH OF 1033.44 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 38°12’04” TO THE SOUTH LINE OF SAID SECTION 22;
THENCE NORTH 89°05’53” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 5.03 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1545.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 82°12’35” EAST;
THENCE SOUTHERLY AN ARC LENGTH OF 231.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 08°34’23”;
THENCE SOUTH 73°38’14” EAST, A DISTANCE OF 69.31 FEET TO THE WESTERLY LINE OF LAKE STREET AS
SHOWN ON SAID RECORD OF SURVEY;
EXHIBIT A-10
THENCE NORTH 31°15’59” EAST, A DISTANCE OF 72.88 FEET ALONG SAID WESTERLY LINE OF LAKE
STREET.
THENCE LEAVING SAID WESTERLY LINE OF LAKE STREET, NORTH 39°01’53” WEST A DISTANCE OF 26.01
FEET TO A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1310.00 FEET, A RADIAL
LINE TO SAID POINT BEARS SOUTH 80°06’28” EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 163.29 FEET THROUGH A CENTRAL
ANGLE OF 05°10’09” TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS,
NATURAL GAS RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY
WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT
HERETOFORE BEEN RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN
AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE
DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS
HEREINABOVE DESCRIBED, AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT
NO. 337562 OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL MINERALS, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF,
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS,
WITHOUT, HOWEVER, THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART
THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS. TOGETHER WITH THE RIGHT TO REMOVE ANY OF SAID MINERALS FROM SAID LAND BY
MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE
CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS
SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY
IMPROVEMENTS THEREON, AS RESERVED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY IN THE DEED RECORDED NOVEMBER 27, 1985 AS INSTRUMENT NO. 268350, OFFICIAL
RECORDS.
PARCEL 5:
THAT PORTION OF THE NORTH HALF OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 27 LYING 971.06 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 27, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 1,545.00 FEET, SAID NON-TANGENT CURVE BEING THE SAME CURVE
DESCRIBED BY THE COUNTY OF RIVERSIDE LOT LINE ADJUSTMENT NO. 3041, FILED JANUARY 9, 1990 AS
INSTRUMENT NO. 10554, RECORDS OF RIVERSIDE COUNTY, AS BEING TANGENT TO THAT CERTAIN LINE
DESCRIBED THEREIN AS BEING PARALLEL WITH AND DISTANT 55.00 FEET (MEASURED AT RIGHT ANGLES)
EXHIBIT A-11
NORTHWESTERLY OF THE CENTER LINE OF SAID ROBB ROAD AND BEARING NORTH 31° 16' 06" EAST A
DISTANCE OF 2,339.28 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 08°
34' 23", A DISTANCE OF 231.18 FEET; THENCE ALONG A RADIAL LINE OF SAID LAST MENTIONED CURVE
SOUTH 73° 38' 14" EAST A DISTANCE OF 288.30 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 1,600.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 31° 26' 24" A DISTANCE OF 877.97 FEET TO A TANGENT LINE; THENCE ALONG SAID
TANGENT LINE SOUTH 42° 11' 50" EAST A DISTANCE OF 2,497.73 FEET TO A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 1,600.00 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 03° 11' 41" A DISTANCE OF 89.21 FEET TO A POINT IN THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 26 OF SAID TOWNSHIP AND RANGE.
EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE LINES OF THE LAND DESCRIBED IN
THE DEED TO THE CITY OF LAKE ELSINORE, IN DEED RECORDED JULY 2, 2008 AS INSTRUMENT NO. 2008-
0361222 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTION 22 AND 27 AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 88, PAGES
76 THROUGH 82, RECORDS OF RIVERSIDE COUNTY, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN
BERNARDINO BASE AND MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 22, NORTH 89°05’53” WEST, A DISTANCE OF 910.66
FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING ON A NON-TANGENT CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 1810.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85°16’37” EAST;
THENCE NORTHWESTERLY AN ARC LENGTH OF 931.96 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 29°30’05” TO THE BEGINNING OF A NON-TANGENT REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 2402.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
41°46’31” WEST;
THENCE NORTHWESTERLY AN ARC LENGTH OF 128.37 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 03°03’44” TO A POINT OF CUSP WITH A NON-TANGENT REVERSE CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 1550.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 59°36’45” EAST;
THENCE SOUTHERLY AN ARC LENGTH OF 1033.44 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 38°12’04” TO THE SOUTH LINE OF SAID SECTION 22;
THENCE NORTH 89°05’53” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 5.03 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1545.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 82°12’35” EAST;
THENCE SOUTHERLY AN ARC LENGTH OF 231.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 08°34’23”;
THENCE SOUTH 73°38’14” EAST, A DISTANCE OF 69.31 FEET TO THE WESTERLY LINE OF LAKE STREET AS
SHOWN ON SAID RECORD OF SURVEY;
THENCE NORTH 31°15’59” EAST, A DISTANCE OF 72.88 FEET ALONG SAID WESTERLY LINE OF LAKE
STREET.
THENCE LEAVING SAID WESTERLY LINE OF LAKE STREET, NORTH 39°01’53” WEST A DISTANCE OF
26.01FEET TO A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1310.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 80°06’28” EAST;
EXHIBIT A-12
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 163.29 FEET THROUGH A CENTRAL
ANGLE OF 05°10’09” TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE CITY OF LAKE
ELSINORE, A MUNICIPAL CORPORATION RECORDED OCTOBER 4, 2010 AS INSTRUMENT NO. 2010-
0473234 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL MINERALS, INCLUDING,WITHOUT LIMITING THE GENERALITY THEREOF,
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS,
WITHOUT, HOWEVER, THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART
THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS. TOGETHER WITH THE RIGHT TO REMOVE ANY OF SAID MINERALS FROM SAID LAND BY
MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE
CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS
SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY
IMPROVEMENTS THEREON, AS RESERVED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY IN THE DEED RECORDED NOVEMBER 27, 1985 AS INSTRUMENT NO. 268350, OFFICIAL
RECORDS.
PARCEL 6:
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION DESCRIBED BY DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 27, 1975 AS
INSTRUMENT NO. 76197, RECORDS OF RIVERSIDE COUNTY.
ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECEMBER
30, 2004 AS INSTRUMENT NO. 2004-1036504 OFFICIAL RECORDS.
ALSO EXCEPTING FROM THE ABOVE DESCRIBED LAND ANY PORTION THEREOF LYING WITHIN THE LAND
DESCRIBED IN THAT CERTAIN SUBSTITUTION OF TRUSTEE AND PARTIAL RECONVEYANCE RECORDED
FEBRUARY 16, 2016 AS INSTRUMENT NO. 2016-0059124 OF OFFICIAL RECORDS AND ALSO IN THE DEED
TO THE COUNTY OF RIVERSIDE RECORDED MAY 9, 2016 AS INSTRUMENT NO. 2016-0185856 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PARCEL B:
BEING PORTIONS OF. PARCELS 3 AND 6 OF A GRANT DEED, RECORDED MARCH 22, 2006, AS
INSTRUMENT NO. 2006-0203625, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 22, TOWNSHIP 5 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICIAL PLAT
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, AS SHOWN ON A RECORD OF SURVEY ON
FILE IN BOOK 88, PAGES 76 THROUGH 82, OF RECORD OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23, NORTH 00°53'18" EAST, A DISTANCE OF
4036.32 FEET TO A POINT LYING ON THE SOUTHWESTERLY LINE OF THAT LAND CONVEYED TO THE
COUNTY OF RIVERSIDE BY GRANT DEED, RECORDED DECEMBER 30, 2004, AS INSTRUMENT NO. 2004-
1036504, OF OFFICIAL RECORDS, OF SAID COUNTY;
EXHIBIT A-13
THE FOLLOWING FOUR (4) COURSES ARE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID
INSTRUMENT NO. 04-1036504:
THENCE NORTH 19°45'52” WEST, A DISTANCE OF 86.92 FEET;
THENCE NORTH 58°17'49" WEST, A DISTANCE OF 368.89 FEET;
THENCE SOUTH 75°09'21" WEST, A DISTANCE OF 529.98 FEET;
THENCE NORTH 02°49'18" WEST, A DISTANCE OF 81.54 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTHWESTERLY, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 78°16'15" WEST, A DISTANCE
OF 65.67 FEET;
THENCE NORTH 72°42’25" WEST, A DISTANCE OF 64.72 FEET;
THENCE SOUTH 45°49’31" WEST, A DISTANCE OF 584.10 FEET;
THENCE NORTH 44°10'29" WEST, A DISTANCE OF 310.83 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 795.00 FEET;
THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 43°10'39",
AN ARC DISTANCE OF 599.10 FEET TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL BEARING TO
SAID POINT BEARS NORTH 02°38'51” EAST;
THENCE NORTHERLY ALONG SAID NON-TANGENT LINE NORTH 02°38'17" EAST, A DISTANCE OF 149.55
FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 04-1036504;
THE FOLLOWING SEVENTEEN (17) COURSES ARE ALONG THE SOUTHERLY, SOUTHEASTERLY AND
SOUTHWESTERLY LINE OF SAID INSTRUMENT NO, 04-1036504:
THENCE SOUTH 40°47'03" EAST, A DISTANCE OF 201.70 FEET;
THENCE SOUTH 89°34'46" EAST, A DISTANCE OF 159.24 FEET;
THENCE NORTH 06°56'16" WEST, A DISTANCE OF 73.13 FEET;
THENCE NORTH 59°27'28" EAST, A DISTANCE OF 154.25 FEET;
THENCE SOUTH 65°14'28" EAST, A DISTANCE OF 176.56 FEET;
THENCE NORTH 31°23'11" EAST, A DISTANCE OF 187.10 FEET;
THENCE NORTH 10°04’01” WEST, A DISTANCE OF 316.83 FEET;
THENCE NORTH 7°47'25" EAST, A DISTANCE OF 217.01 FEET;
THENCE SOUTH 85°45'54” EAST, A DISTANCE OF 150.54 FEET;
THENCE SOUTH 53°40'42" EAST, A DISTANCE OF 248.70 FEET;
THENCE NORTH 82°12'58" EAST, A DISTANCE OF 51.78 FEET;
THENCE NORTH 46°06'48" EAST, A DISTANCE OF 69.28 FEET;
THENCE NORTH 50°49'26” EAST, A DISTANCE OF 195.23 FEET;
THENCE SOUTH 44°01'13" EAST, A DISTANCE OF 368.85 FEET;
THENCE SOUTH 21°14'17" EAST, A DISTANCE OF 269.17 FEET;
THENCE SOUTH 31 °09'13" WEST, A DISTANCE OF 236.83 FEET;
EXHIBIT A-14
THENCE SOUTH 57°38'09" WEST, A DISTANCE OF 228.51 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 7:
A TEMPORARY OPERATIONS AND PERMANENT MAINTENANCE EASEMENT AS MORE FULLY DESCRIBED
IN THE AGREEMENT RECORDED DECEMBER 30, 2004 AS INSTRUMENT NO. 04-1036505 OFFICIAL
RECORDS.
PARCEL 8:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF LAKE STREET.
PARCEL 9:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER SAID SECTION 22, AS
SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 88, PAGES 76 THROUGH 82, OF RECORD OF
SURVEYS, RECORDS OF SAID COUNTY;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, NORTH 89°08’43” WEST, A
DISTANCE OF 42.97 FEET TO THE INTERSECTION OF SAID SOUTH LINE OF SAID NORTHWEST QUARTER
AND THE SOUTHWESTERLY LINE OF PARCEL 2 OF INSTRUMENT NO. 363079, RECORDED OCTOBER 1,
1990 OF OFFICIAL RECORDS OF SAID COUNTY, AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING.
THENCE, CONTINUING ALONG SAID SOUTH LINE OF SAID NORTHWEST QUARTER, NORTH 89°08’43”
WEST, A DISTANCE OF 30.63 FEET TO THE EASTERLY RIGHT-OF-WAY OF LAKE STREET BEING 60.00 FEET
IN WIDTH AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 543.00 FEET, A RADIAL BEARING TO
SAID POINT BEARS SOUTH 73°26’12” WEST;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY AND SAID CURVE, THROUGH A CENTRAL
ANGLE OF 02°58’21” AN ARC DISTANCE OF 28.17 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE NORTHERLY, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY AND ALONG SAID TANGENT
LINE, NORTH 13°35’27” WEST A DISTANCE OF 7.14 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL
2, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 972.29 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 42°40’06”
WEST;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 AND SAID CURVE,
THROUGH A CENTRAL ANGLE OF 03°06’01”, AN ARC DISTANCE OF 52.61 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 10:
BEING PORTIONS OF THAT LAND CONVEYED TO THE COUNTY OF RIVERSIDE, BY GRANT DEED RECORDED
DECEMBER 30, 2004 AS INSTRUMENT NO. 2004-1036504, OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTIONS 23 AND 26, TOWNSHIP 5 SOUTH, RANGE
EXHIBIT A-15
5 WEST, SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICE PLAT THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23, AS SHOWN ON A RECORD OF SURVEY
ON FILE IN BOOK 88, PAGES 76 THROUGH 82 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION, SOUTH 89° 04’ 59” EAST, A DISTANCE OF
1,042.70 FEET TO A POINT LYING ON THE WESTERLY LINE OF SAID INSTRUMENT NO. 2004-1036504,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE, NORTH 41° 37’ 29” EAST, A DISTANCE OF 166.45
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
1,745.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 85° 30’ 24” EAST;
THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE, LEAVING SAID WESTERLY LINE OF SAID
INSTRUMENT NO. 2004-1036504, THROUGH A CENTRAL ANGLE OF 18° 56’ 26”, AN ARC DISTANCE OF
576.86 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE SOUTHWESTERLY ALONG SAID TANGENT LINE, SOUTH 23° 26’ 02” WEST, A DISTANCE OF 195.37
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
1,045.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 24° 22’ 08”,
AN ARC DISTANCE OF 444.46 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE SOUTHWESTERLY ALONG SAID TANGENT LINE, SOUTH 47° 48’ 10” WEST, A DISTANCE OF 268.41
FEET;
THENCE SOUTH 11° 20’ 01” WEST, A DISTANCE OF 28.60 FEET TO A POINT LYING ON THE
NORTHEASTERLY RIGHT OF WAY OF NICHOLS ROAD AS DEDICATED PER INSTRUMENT NO. 2008-482210,
RECORDED SEPTEMBER 2, 2008, OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY, NORTH 42° 11’ 50” WEST, A
DISTANCE OF 254.20 FEET TO A POINT LYING ON SAID WESTERLY LINE OF INSTRUMENT NO. 2004-
1036504;
THE FOLLOWING FOUR (4) COURSES ARE ALONG THE WESTERLY LINE OF SAID INSTRUMENT NO. 2004-
1036504:
1. THENCE NORTHEASTERLY, LEAVING SAID NORTHEASTERLY RIGHT OF WAY, NORTH 32° 56’ 52”
EAST, A DISTANCE OF 425.57 FEET;
2. THENCE NORTH 43° 06’ 11” EAST, A DISTANCE OF 169.95 FEET;
3. THENCE NORTH 33° 14’ 54” EAST, A DISTANCE OF 320.81 FEET;
4. THENCE NORTH 41° 37’ 29” EAST, A DISTANCE OF 322.66 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS, NATURAL GAS
RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY WHATSOEVER NAME
KNOW, THAT MAY E WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT HERETOFORE BEEN
RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING INCLUDING THE RIGHT TO WHIPSTOCK OR
EXHIBIT A-16
DIRECTIONALLY DRILL AND MINE FROM LANDS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND
TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AND SUCH WELLS OR MINES
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS HEREINABOVE
DESCRIBED; AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT NO. 1989-
337562 OF OFFICIAL RECORDS.
PARCEL 11:
BEING PORTIONS OF THAT LAND CONVEYED TO THE COUNTY OF RIVERSIDE, BY GRANT DEED RECORDED
DECEMBER 30, 2004 AS INSTRUMENT NO. 2004-1036504, OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTIONS 22 AND 23, TOWNSHIP 5 SOUTH, RANGE
5 WEST, SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICE PLAT THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23, AS SHOWN ON A RECORD OF SURVEY
ON FILE IN BOOK 88, PAGES 76 THROUGH 82 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23, NORTH 00° 53’ 18” EAST, A DISTANCE OF
4,036.32 FEET TO A POINT LYING ON THE SOUTHWESTERLY LINE OF SAID INSTRUMENT NO. 2004-
1036504, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THE FOLLOWING FIVE (5) COURSES ARE ALONG THE SOUTHERLY, SOUTHWESTERLY AND WESTERLY
LINE OF SAID INSTRUMENT NO. 2004-1036504:
1. THENCE NORTH 19° 45’ 52” WEST, A DISTANCE OF 86.91 FEET;
2. THENCE NORTH 58° 17’ 49” WEST, A DISTANCE OF 368.89 FEET;
3. THENCE SOUTH 75° 09’ 21” WEST, A DISTANCE OF 529.98 FEET;
4. THENCE NORTH 02° 49’ 18” WEST, A DISTANCE OF 81.54 FEET;
5. THENCE NORTH 57° 38’ 09” EAST, A DISTANCE OF 228.51 FEET;
THENCE NORTHEASTERLY, LEAVING SAID WESTERLY LINE OF INSTRUMENT NO. 2004-1036504, NORTH
76° 19’ 28” EAST, A DISTANCE OF 124.91 FEET;
THENCE NORTH 85° 40’ 14” EAST, A DISTANCE OF 184.05 FEET;
THENCE SOUTH 36” 00’ 49” EAST, A DISTANCE OF 139.07 FEET;
THENCE SOUTH 51° 32’ 37” EAST, A DISTANCE OF 53.43 FEET;
THENCE SOUTH 63° 32’ 24” EAST, A DISTANCE OF 218.06 FEET;
THENCE SOUTH 44° 55’ 38” EAST, A DISTANCE OF 82.30 FEET;
THENCE NORTH 77° 59’ 36” EAST, A DISTANCE OF 245.09 FEET;
THENCE SOUTH 35° 10’ 50” EAST, A DISTANCE OF 110.65 FEET;
THENCE SOUTH 07° 53’ 49” WEST, A DISTANCE OF 96.34 FEET;
THENCE SOUTH 15° 59’ 38” EAST, A DISTANCE OF 33.14 FEET;
EXHIBIT A-17
THENCE SOUTH 38° 50’ 02” EAST, A DISTANCE OF 111.07 FEET;
THENCE SOUTH 43° 11’ 43” EAST, A DISTANCE OF 105.85 FEET;
THENCE SOUTH 73° 49’ 28” EAST, A DISTANCE OF 220.27 FEET;
THENCE NORTH 63° 19’ 46” EAST, A DISTANCE OF 201.76 FEET;
THENCE SOUTH 34° 50’ 22” EAST, A DISTANCE OF 241.54 FEET;
THENCE SOUTH 11° 13’ 33” EAST, A DISTANCE OF 28.41 FEET;
THENCE SOUTH 13° 24’ 24” WEST, A DISTANCE OF 78.25 FEET;
THENCE SOUTH 51° 43’ 14” WEST, A DISTANCE OF 50.50 FEET;
THENCE SOUTH 29° 18’ 07” EAST, A DISTANCE OF 43.81 FEET;
THENCE SOUTH 15° 16’ 44” WEST, A DISTANCE OF 45.58 FEET;
THENCE SOUTH 03° 59’ 40” EAST, A DISTANCE OF 48.14 FEET;
THENCE SOUTH 41° 14’ 50” EAST, A DISTANCE OF 115.25 FEET;
THENCE SOUTH 57° 34’ 43” EAST, A DISTANCE OF 61.68 FEET;
THENCE SOUTH 88° 05’ 18” EAST, A DISTANCE OF 127.48 FEET;
THENCE SOUTH 65° 50’ 34” EAST, A DISTANCE OF 52.57 FEET;
THENCE SOUTH 52° 53’ 46” EAST, A DISTANCE OF 70.10 FEET;
THENCE SOUTH 79° 01’ 11” EAST, A DISTANCE OF 72.19 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 145.00 FEET, A RADIAL BEARING TO SAID
POINT BEARS NORTH 65° 23’ 34” WEST;
THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 11° 00’
30”, AN ARC DISTANCE OF 27.86 FEET TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL BEARING
TO SAID POINT BEARS NORTH 54° 23’ 04” WEST;
THENCE NORTHEASTERLY ALONG SAID NON-TANGENT LINE, NORTH 40° 54’ 08” EAST, A DISTANCE OF
83.38 FEET;
THENCE NORTH 75° 30’ 08” EAST, A DISTANCE OF 67.11 FEET;
THENCE SOUTH 77° 32’ 51” EAST, A DISTANCE OF 74.84 FEET;
THENCE SOUTH 64° 39’ 54” EAST, A DISTANCE OF 104.95 FEET;
THENCE SOUTH 47° 28’ 14” EAST, A DISTANCE OF 97.29 FEET;
THENCE SOUTH 57° 00’ 34” EAST, A DISTANCE OF 26.28 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING TO SAID
POINT BEARS, NORTH 09° 52’ 55” EAST;
THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 52° 14’
29”, AN ARC DISTANCE OF 91.18 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE SOUTHEASTERLY ALONG SAID TANGENT LINE, SOUTH 27° 52’ 35” EAST, A DISTANCE OF 49.28
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND A RADIUS OF 70.00 FEET;
EXHIBIT A-18
THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 39° 37’ 49”,
AN ARC DISTANCE OF 48.42 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE SOUTHERLY ALONG SAID TANGENT LINE, SOUTH 11° 45’ 13” WEST, A DISTANCE OF 64.96 FEET;
THENCE SOUTH 38° 41’ 11” WEST, A DISTANCE OF 121.29 FEET;
THENCE SOUTH 10° 40’ 02” EAST, A DISTANCE OF 96.80 FEET;
THENCE SOUTH 32° 18’ 15” EAST, A DISTANCE OF 70.72 FEET;
THENCE SOUTH 41° 24’ 37” EAST, A DISTANCE OF 63.10 FEET;
THENCE SOUTH 32° 29’ 56” EAST, A DISTANCE OF 194.06 FEET;
THENCE SOUTH 68° 55’ 29” EAST, A DISTANCE OF 80.42 FEET;
THENCE SOUTH 62° 26’ 58” EAST, A DISTANCE OF 234.40 FEET;
THENCE SOUTH 03° 48’ 43” WEST, A DISTANCE OF 137.89 FEET;
THENCE SOUTH 49° 17’ 06” WEST, A DISTANCE OF 212.87 FEET, TO A POINT LYING ON THE SOUTHERLY
LINE OF SAID INSTRUMENT NO. 20040-1036504;
THE FOLLOWING TWELVE (12) COURSES ARE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF
SAID INSTRUMENT NO. 2004-1036504:
1. THENCE NORTH 61° 05’ 29” WEST, A DISTANCE OF 211.00 FEET;
2.THENCE NORTH 68° 50’ 06” WEST, A DISTANCE OF 440.81 FEET;
3. THENCE NORTH 19° 59’ 07” EAST, A DISTANCE OF 397.34 FEET;
4. THENCE NORTH 14° 46’ 29” WEST, A DISTANCE OF 134.01 FEET;
5.THENCE NORTH 28° 33’ 43” WEST, A DISTANCE OF 306.17 FEET;
6.THENCE NORTH 80° 13’ 05” WEST, A DISTANCE OF 472.02 FEET;
7.THENCE NORTH 46° 52’ 49” WEST, A DISTANCE OF 124.75 FEET;
8.THENCE NORTH 66° 32’ 19” WEST, A DISTANCE OF 110.04 FEET;
9.THENCE NORTH 24° 32’ 42” WEST, A DISTANCE OF 109.26 FEET;
10. THENCE NORTH 45° 15’ 05” WEST, A DISTANCE OF 282.27 FEET;
11. THENCE NORTH 75° 01’ 37” WEST, A DISTANCE OF 447.21 FEET;
12. THENCE NORTH 19° 45’ 52” WEST, A DISTANCE OF 363.48 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS, NATURAL GAS
RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY WHATSOEVER NAME
KNOW, THAT MAY E WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT HERETOFORE BEEN
RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
EXHIBIT A-19
WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND
TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AND SUCH WELLS OR MINES
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS HEREINABOVE
DESCRIBED; AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT NO. 1989-
337562 OF OFFICIAL RECORDS.
PARCEL 12:
BEING PORTIONS OF THAT LAND CONVEYED TO THE COUNTY OF RIVERSIDE, BY GRANT DEED RECORDED
DECEMBER 30, 2004 AS INSTRUMENT NO. 2004-1036504, OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST,
SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICE PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF TEMESCAL WASH AND THE EASTERLY
RIGHT OF WAY OF LAKE STREET, BOTH AS SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 88,
PAGES 76 THROUGH 82 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF TEMESCAL WASH, LEAVING SAID EASTERLY RIGHT
OF WAY OF LAKE STREET, SOUTH 79° 56’ 03” EAST, A DISTANCE OF 405.93 FEET;
THENCE EASTERLY, CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 78° 16’ 26” EAST, A DISTANCE
OF 551.45 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE, LEAVING SAID SOUTHERLY LINE OF TEMESCAL WASH,
SOUTH 01° 06’ 02” WEST, A DISTANCE OF 426.67 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF
SAID INSTRUMENT NO. 2004-1036504;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF INSTRUMENT NO. 2004-1036504, LEAVING SAID
EASTERLY LINE, SOUTH 88° 44’ 12” EAST, A DISTANCE OF 257.04 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE EASTERLY ALONG THE PROLONGATION OF SAID LAST COURSE, LEAVING SAID SOUTHERLY LINE
OF SAID INSTRUMENT NO. 2004-1036504, SOUTH 88° 44’ 12” EAST, A DISTANCE OF 68.26 FEET;
THENCE SOUTH 24° 12’ 55” EAST, A DISTANCE OF 400.86 FEET TO A POINT LYING ON SAID SOUTHERLY
LINE OF SAID INSTRUMENT NO. 2004-1036504 OF OFFICIAL RECORDS;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE, NORTH 40° 47’ 03” WEST, A DISTANCE OF
340.93 FEET;
THENCE NORTHWESTERLY, CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 05° 13’ 20” WEST, A
DISTANCE OF 109.40 FEET, TO THE TRUE POINT OF BEGINNING.
EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS, NATURAL GAS
RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY WHATSOEVER NAME
KNOW, THAT MAY E WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT HERETOFORE BEEN
RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
EXHIBIT A-20
WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND
TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AND SUCH WELLS OR MINES
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS HEREINABOVE
DESCRIBED; AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT NO. 1989-
337562 OF OFFICIAL RECORDS.
PARCEL 13:
BEING PORTIONS OF THAT LAND CONVEYED TO THE COUNTY OF RIVERSIDE, BY GRANT DEED RECORDED
DECEMBER 30, 2004 AS INSTRUMENT NO. 2004-1036504, OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 5 WEST,
SAN BERNARDINO MERIDIAN, OF SAID COUNTY, ACCORDING TO THE OFFICE PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF TEMESCAL WASH AND THE EASTERLY
RIGHT OF WAY OF LAKE STREET, BOTH AS SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 88,
PAGES 76 THROUGH 82 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF TEMESCAL WASH, LEAVING SAID EASTERLY RIGHT
OF WAY OF LAKE STREET, SOUTH 79° 56’ 03” EAST, A DISTANCE OF 405.93 FEET;
THENCE EASTERLY, CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 78° 16’ 26” EAST, A DISTANCE
OF 551.45 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE, LEAVING SAID SOUTHERLY LINE OF TEMESCAL WASH,
SOUTH 01° 06’ 02” WEST, A DISTANCE OF 426.67 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF
SAID INSTRUMENT NO. 2004-1036504;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF INSTRUMENT NO. 2004-1036504, LEAVING SAID
EASTERLY LINE, NORTH 88° 44’ 12” WEST, A DISTANCE OF 46.17 FEET TO THE TRUE POINT OF
BEGINNING;
THE FOLLOWING FIVE (5) COURSES ARE ALONG THE SOUTHERLY LINE OF INSTRUMENT NO. 2004-
1036504:
1. THENCE SOUTH 00° 07’ 21” WEST, A DISTANCE OF 179.56 FEET;
2. THENCE SOUTH 88° 54’ 45” WEST, A DISTANCE OF 216.92 FEET;
3. THENCE SOUTH 00° 45’ 26” WEST, A DISTANCE OF 464.53 FEET;
4. THENCE SOUTH 85° 30’ 18” WEST, A DISTANCE OF 59.88 FEET;
5. THENCE NORTH 89° 28’ 41” WEST, A DISTANCE OF 374.19 FEET TO A POINT LYING ON THE
EASTERLY RIGHT OF WAY OF SAID LAKE STREET, SAID POINT ALSO BEING THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1,956.00 FEET, A RADIAL
BEARING TO SAID POINT BEARS, SOUTH 64° 15’ 46” WEST;
THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY AND SAID NON-
TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 19° 20’ 14”, AN ARC DISTANCE OF 660.15 FEET TO
THE BEGINNING OF A TANGENT LINE;
EXHIBIT A-21
THENCE NORTHERLY ALONG SAID TANGENT LINE, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY,
NORTH 06° 24’ 00” WEST, A DISTANCE OF 152.46 FEET;
THENCE EASTERLY LEAVING SAID EASTERLY RIGHT OF WAY, NORTH 88° 38’ 01” EAST, A DISTANCE OF
122.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 600.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13° 05’ 32”, AN ARC
DISTANCE OF 137.10 FEET TO THE BEGINNING OF A TANGENT LINE;
THENCE EASTERLY ALONG SAID TANGENT LINE, SOUTH 78° 16’ 24” EAST, A DISTANCE OF 610.03 FEET TO
SAID TRUE POINT OF BEGINNING.
EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, COAL AND CLAY DEPOSITS, NATURAL GAS
RIGHTS, OTHER HYDROCARBONS, AND GEOTHERMAL DEPOSITS OR RESOURCES BY WHATSOEVER NAME
KNOW, THAT MAY E WITHIN OR UNDER THE SAID LAND AND THAT HAVE NOT HERETOFORE BEEN
RESERVED OF RECORD BY OR CONVEYED OF RECORD TO OTHERS, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND
TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AND SUCH WELLS OR MINES
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LANDS HEREINABOVE
DESCRIBED; AS RESERVED IN THE DEED RECORDED SEPTEMBER 29, 1989 AS INSTRUMENT NO. 1989-
337562 OF OFFICIAL RECORDS.
PARCEL 14:
AMENDED AND RESTATED TEMPORARY OPERATIONS AND PERMANENT MAINTENANCE EASEMENT
AGREEMENT AS MORE FULLY DESCRIBED IN THE AGREEMENT RECORDED JUNE 02, 2016 AS
INSTRUMENT NO. 2016-0226360 OFFICIAL RECORDS.
ALBERHILL VILLAGES PA 6A & 6B, LAKE ELSINORE, CA
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAKE ELSINORE, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 5 INCLUSIVE OF TRACT NO. 35000, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 446, PAGES 88 THROUGH 105, INCLUSIVE, OF MAPS,
RECORDS OF SAID COUNTY.
TOGETHER WITH PARCEL B OF LOT LINE ADJUSTMENT NO. 16-972 RECORDED OCTOBER 11, 2016 AS
INSTRUMENT NO. 2016-0443757 OF OFFICAL RECORDS.
EXHIBIT B
EXHIBIT “B”
FORMS FOR SECURITY
The following Faithful Performance Bonds and Labor and Material Bonds have been posted with
the City for the TUMF Improvements:
Faithful Performance Bond No. 1136845 in the amount of $114,120.00
Faithful Performance Bond No. 1119083 in the amount of $731,764.00
Total sum of Faithful Performance Bonds:$845,884.00
Labor and Material Bond No. 1136845 in the amount of $114,120.00
Labor and Material Bond No. 1119083 in the amount of $731,764.00
Total sum of Labor and Material Bonds:$845,884.00
Copies of the Faithful Performance Bonds and Labor and Material Bonds are attached behind
this page.
EXHIBIT C-1
EXHIBIT “C”
DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR
DETERMINATION OF CONSTRUCTION COSTS
To assist AGENCY in determining the Construction Costs for a completed TUMF
Improvement, Developer shall provide the following documents to AGENCY:
1.Plans, specifications and Developer’s civil engineer’s cost estimate;
2.List of bidders from whom bids were requested;
3.Construction schedules and progress reports;
4.Contracts, insurance certificates and change orders with each contractor or
vendor;
5.Invoices received from all vendors;
6.Canceled checks for payments made to contractors and vendors (copy both
front and back of canceled checks);
7.Spreadsheet showing total costs incurred in and related to the construction
of each TUMF Improvement and the check number for each item of cost
and invoice;
8.Final lien releases from each contractor and vendor; and
9.Such further documentation as may be reasonably required by AGENCY to
evidence the completion of construction and the payment of each item of
cost and invoice.
EXHIBIT D-1
EXHIBIT “D”
REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day
of ___________________, 2017, by and between the City of Lake Elsinore, a California municipal
corporation of ___________, (“AGENCY”), and Castle & Cooke Alberhill Home Building, Inc.,
a California corporation, with its principal place of business at 10000 Stockdale Highway, Suite
300, Bakersfield, California 93311 (“Developer”). AGENCY and Developer are sometimes
hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, AGENCY and Developer are parties to an agreement dated
________________, 2017, entitled “Improvement and Credit / Reimbursement Agreement
Transportation Uniform Mitigation Fee Program” (hereinafter “Credit Agreement”);
WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer
is obligated to pay to AGENCY the TUMF Obligation, as defined therein, in connection with
Developer’s development of the Project, but shall receive credit to offset the TUMF Obligation if
Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the
Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the
credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the
TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement
agreement for the amount by which the credit exceeds the TUMF Obligation;
WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed
pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit
Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all
terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the
Credit Agreement and incorporated therein as a material part of the Credit Agreement as though
fully set forth therein; and
WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement
agreement with Developer pursuant to the Credit Agreement, Lake Elsinore Municipal Code,
Chapter 16.83 and the resolutions relating thereto (the “City TUMF Ordinance”), and the TUMF
Administrative Plan adopted by WRCOG.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as
follows:
TERMS
EXHIBIT D-2
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit
Agreement is effective and in full force in accordance with its terms.
3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have
the meaning and intent set forth in the Credit Agreement.
4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set
forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar
amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as
determined pursuant to the Credit Agreement, the City TUMF Ordinance, and the TUMF
Administrative Plan adopted by WRCOG (“Reimbursement”). The Reimbursement shall be
subject to verification by WRCOG. AGENCY and Developer shall provide any and all
documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The
Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT]
(“Reimbursement Amount”). AGENCY shall be responsible for obtaining the Reimbursement
Amount from WRCOG and transmitting the Reimbursement Amount to the Developer. In no
event shall the dollar amount of the Reimbursement exceed the difference between the dollar
amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and
14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such
assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan
adopted by WRCOG.
5.0 Payment of Reimbursement; Funding Contingency. The payment of the
Reimbursement Amount shall be subject to the following conditions:
5.1 Developer shall have no right to receive payment of the Reimbursement
unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in
accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding
pursuant to the five-year Transportation Improvement Program adopted annually by WRCOG,
(iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount.
5.2 Developer shall not be entitled to any interest or other cost adjustment for
any delay between the time when the dollar amount of the Reimbursement is determined and the
time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.
6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant
to each other that there have been no written or oral modifications or amendments of the Credit
Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and
every one of their respective rights and obligations arising under the Credit Agreement. AGENCY
and Developer represent and warrant that the Credit Agreement is currently an effective, valid,
and binding obligation.
EXHIBIT D-3
7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an
executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and
shall be incorporated therein as a material part of the Credit Agreement as though fully set forth
therein.
8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all
provisions of the Credit Agreement are in full force and effect and shall govern the actions of the
Parties under this Agreement as though fully set forth herein and made specifically applicable
hereto, including without limitation, the following sections of the Credit Agreement: Sections
10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and
Sections 15.0 through 15.17.
[SIGNATURES OF PARTIES ON NEXT PAGE]
EXHIBIT D-4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
DEVELOPER:
Castle & Cooke Alberhill Home Building, Inc., a
California corporation
[Exhibit Only-Do Not Execute]
By: ______________________________
Its:______________________________
AGENCY:
City of Lake Elsinore, a California municipal
corporation
[Exhibit Only-Do Not Execute]
By: ________________________________
Grant Yates, City Manager
ATTEST:
By: __________________________
Susan Domen, City Clerk
APPROVED AS TO FORM:
By: ___________________________
Barbara Zeid Leibold, City Attorney
EXHIBIT E-1
EXHIBIT “E”
TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS
1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps
listed below:
a. Prepare a separate bid package for the TUMF Improvements.
b. The plans, cost estimate, specifications and contract document shall require all
contractors to pay prevailing wages and to comply with applicable provisions of
the Labor Code, Government Code, and Public Contract Code relating to Public
Works Projects.
c. Bids shall be obtained and processed in accordance with the formal public works
bidding requirements of the AGENCY.
d. The contract(s) for the construction of TUMF Improvements shall be awarded to
the lowest responsible bidder(s) for the construction of such facilities in
accordance with the AGENCY’s requirements and guidelines.
e. Contractor(s) shall be required to provide proof of insurance coverage throughout
the duration of the construction.
2. Prior to the determination and application of any Credit pursuant to a TUMF
Improvement and Credit Agreement executed between AGENCY and Developer
("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
a. Copies of all information listed under Item 1 above.
b. Surety Bond, Letter of Credit, or other form of security permitted under the
Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the
construction of all applicable TUMF Improvements.
3. Prior to the AGENCY’s acceptance of any completed TUMF Improvement, and in order
to initiate the construction cost verification process, the Developer shall comply with the
requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the
following conditions shall also be satisfied:
a. Developer shall have completed the construction of all TUMF Improvements in
accordance with the approved Plans and Specifications.
b. Developer shall have satisfied the AGENCY’s inspection punch list.
c. After final inspection and approval of the completed TUMF Improvements, the
AGENCY shall have provided the Developer a final inspection release letter.
d. AGENCY shall have filed a Notice of Completion with respect to the TUMF
Improvements pursuant to Section 3093 of the Civil Code with the County
Recorder’s Office, and provided a copy of filed Notice of Completion to WRCOG.
e. Developer shall have provided AGENCY a copy of the As-Built plans for the
TUMF Improvements.
f.Developer shall have provided AGENCY copies of all permits or agreements that
may have been required by various resource/regulatory agencies for
construction, operation and maintenance of any TUMF Improvements.
g. Developer shall have submitted a documentation package to the AGENCY to
determine the final cost of the TUMF Improvements, which shall include at a
minimum, the following documents related to the TUMF Improvements:
i. Plans, specifications, and Developer's Civil Engineer’s cost estimates; or
Engineer’s Report showing the cost estimates.
ii. Contracts/agreements, insurance certificates and change orders with
each vendor or contractor.
iii. Invoices from all vendors and service providers.
EXHIBIT E-2
iv. Copies of cancelled checks, front and back, for payments made to
contractors, vendors and service providers.
v. Final lien releases from each contractor and vendor (unconditional waiver
and release).
vi. Certified contract workers payroll for AGENCY verification of compliance
with prevailing wages.
vii. A total cost summary, in spreadsheet format (MS Excel is preferred) and
on disk, showing a breakdown of the total costs incurred. The summary
should include for each item claimed the check number, cost, invoice
numbers, and name of payee. See attached sample for details. [ATTACH
SAMPLE, IF APPLICABLE; OTHERWISE DELETE REFERENCE TO
ATTACHED SAMPLE]
EXHIBIT F-1
EXHIBIT “F”
RECONCILIATION EXAMPLES
All examples are based on a single family residential development project of 200 dwelling units:
200 SF dwelling units @ $6,650 / dwelling unit = $1,330,000 in fees (TUMF Obligation)
Example A: “TUMF BALANCE”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000
Potential Reimbursement: ($170,000)
RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit:$1,200,000
TUMF Balance (Payment to TUMF):$130,000
Example B: “REIMBURSEMENT”
CREDIT
TUMF Obligation:$1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000
Potential Reimbursement: ($170,000)
RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit:$1,500,000
Reimbursement Agreement with Developer (Based on Priority Ranking):($170,000)
Example C: “TUMF OVERPAYMENT”
CREDIT
TUMF Obligation:$1,330,000
Estimated Credit: Bid ($1,200,000) or unit Cost Assumption ($1,500,000) whichever is less $1,200,000
Remaining TUMF Obligation:$130,000
Prorated Fee: $130,000 / 200 du = $650 / du
RECONCILIATION
Actual Credit:$1,300,000
TUMF payments from Developer ($650 per unit x 200 units)$130,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Obligation: $1,330,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Overpayment (Refund to Developer):
($100,000)
EXHIBIT G-1
EXHIBIT “G”
MODEL AMENDMENT
[ATTACH BEHIND THIS PAGE]
EXHIBIT H-1
EXHIBIT “H”
AERIAL PHOTOGRAPH WITH DEPICTION OF TUMF IMPROVEMENTS
[ATTACHED BEHIND THIS PAGE]
EXHIBIT H-2
Proposed Improvements at Lake Street and Interstate -15 Freeway
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Updated: May 1, 2017CITY STREETNAME SEGMENTFROM SEGMENTTO MILES EXISTINGLN FUTURELN TOPO LANDUSE INTERCHG NEWLNCOST ROWCOST INTCHGCOST PLNG ENG CONTIG TOTAL COST MAXIMUM TUMF SHARELake Elsinore Corydon Mission Grand 1.53 2 4 1 3 0 $1,059,000 $439,000 $0 $106,000 $265,000 $150,000 $2,019,000 $2,019,000Lake Elsinore Diamond Mission I-15 0.24 4 6 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Lake Elsinore Franklin (integral toI-15 interchange 0.00 0 0 1 3 2 $0 $0 $25,558,000 $2,556,000 $6,390,000 $2,556,000 $37,060,000 $14,629,000Lake Elsinore Grand Lincoln Toft 1.29 4 4 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Lake Elsinore Grand Toft SR-74 (Riverside) 0.86 2 4 1 3 0 $712,000 $295,000 $0 $71,000 $178,000 $101,000 $1,357,000 $1,357,000Lake Elsinore Lake I-15 Lincoln 3.10 2 6 2 3 0 $8,175,000 $2,672,000 $0 $818,000 $2,044,000 $1,085,000 $14,794,000 $13,592,000Lake Elsinore Lake I-15 interchange 0.00 0 0 2 3 3 $0 $0 $5,028,000 $503,000 $1,257,000 $503,000 $7,291,000Lake Elsinore Lake Temescal Wash bridge 0.00 2 6 2 3 0 $0 $0 $0 $136,000 $340,000 $136,000 $1,973,000 $822,000Lake Elsinore Mission Railroad Canyon Bundy Canyon 2.39 4 4 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Lake Elsinore Nichols I-15 Lake 1.80 2 4 1 3 0 $1,744,000 $723,000 $0 $174,000 $436,000 $247,000 $3,324,000 $3,324,000Lake Elsinore Nichols I-15 interchange 0.00 0 0 1 3 2 $0 $0 $25,558,000 $2,556,000 $6,390,000 $2,556,000 $37,060,000 $37,060,000Lake Elsinore SR-74 (Collier/RiversI-15 Lakeshore 2.10 2 6 1 2 0 $5,816,000 $19,021,000 $0 $582,000 $1,454,000 $2,484,000 $29,357,000 $28,315,000Lake Elsinore SR-74 (Grand) Riverside SR-74 (Ortega) 0.64 2 6 1 2 0 $1,762,000 $5,761,000 $0 $176,000 $441,000 $752,000 $8,892,000 $7,495,000Lake Elsinore SR-74 (Riverside) Lakeshore Grand 1.74 2 6 1 2 0 $4,325,000 $14,144,000 $0 $433,000 $1,081,000 $1,847,000 $21,830,000 $21,830,000Lake Elsinore Temescal Canyon I-15 Lake 1.21 2 4 2 3 0 $2,125,000 $695,000 $0 $213,000 $531,000 $282,000 $3,846,000 $3,846,000Lake Elsinore Temescal Canyon Temescal Wash bridge 0.00 2 4 2 3 0 $0 $0 $0 $157,000 $391,000 $157,000 $2,270,000 $2,270,000Murrieta California Oaks Jefferson I-15 0.32 4 6 1 2 0 $110,000 $359,000 $0 $11,000 $28,000 $47,000 $555,000 $555,000Murrieta California Oaks I-15 Jackson 0.50 6 6 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta California Oaks Jackson Clinton Keith 1.76 4 4 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Jackson Whitewood Ynez 0.53 4 4 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Jefferson PalomarNutmeg 1.02 0 4 1 3 0 $1,412,000 $585,000 $0 $141,000 $353,000 $200,000 $2,691,000 $2,691,000Murrieta Jefferson Nutmeg Murrieta Hot Springs 2.37 2 6 1 2 0 $4,264,000 $13,943,000 $0 $426,000 $1,066,000 $1,821,000 $21,520,000 $21,520,000Murrieta Jefferson Murrieta Hot Springs Cherry 2.26 6 6 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta KellerI-215 Whitewood 0.75 2 4 1 2 0 $311,000 $1,018,000 $0 $31,000 $78,000 $133,000 $1,571,000 $1,571,000Murrieta KellerI-215 interchange 0.00 0 0 1 2 3 $0 $0 $12,343,000 $1,234,000 $3,086,000 $1,234,000 $17,897,000 $17,897,000Murrieta Los Alamos Jefferson I-215 1.77 4 4 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Murrieta Hot SpringJefferson I-215 1.11 6 6 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Murrieta Hot SpringI-215 Margarita 1.48 6 6 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Murrieta Hot SpringMargarita SR-79 (Winchester) 1.01 4 6 1 3 0 $1,395,000 $579,000 $0 $140,000 $349,000 $197,000 $2,660,000 $2,660,000Murrieta Nutmeg Jefferson Clinton Keith 1.97 4 4 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Whitewood Clinton Keith Los Alamos 2.01 4 4 2 3 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Whitewood Los Alamos Murrieta Hot Springs 1.93 2 2 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Murrieta Whitewood Murrieta Hot Springs Jackson 0.80 0 4 2 2 0 $1,882,000 $4,852,000 $0 $188,000 $471,000 $673,000 $8,066,000 $8,066,000Murrieta Ynez Jackson SR-79 (Winchester) 1.22 4 4 1 2 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Jefferson Cherry Rancho California 2.29 4 4 1 1 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Margarita Murrieta Hot Springs SR-79 (Temecula Pkw7.38 4 4 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Old Town Front Rancho California I-15/SR-79 (Temecula1.45 4 4 1 1 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Pechanga Pkwy SR-79 (Temecula Pkwy) Via Gilberto 1.32 6 6 1 1 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Pechanga Pkwy Via Gilberto Pechanga Pkwy 1.44 4 4 1 1 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Rancho California Jefferson Margarita 1.89 4 6 1 1 0 $1,255,000 $4,549,000 $0 $126,000 $314,000 $580,000 $6,824,000 $6,824,000Temecula Rancho California I-15 interchange 0.00 0 0 1 1 3 $0 $0 $12,343,000 $1,234,000 $3,086,000 $1,234,000 $17,897,000 $12,009,000Temecula Rancho California Margarita Butterfield Stage 1.96 4 4 1 1 0 $0 $0 $0 $0 $0 $0 $0 $0Temecula Rancho California Butterfield Stage Glen Oaks 4.26 2 4 1 1 0 $5,896,000 $21,377,000 $0 $590,000 $1,474,000 $2,727,000 $32,064,000 $32,064,000Temecula SR-79 (Temecula PkI-15 Pechanga Pkwy 0.64 6 8 1 3 0 $887,000 $368,000 $0 $89,000 $222,000 $126,000 $1,692,000 $1,576,000Temecula SR-79 (Temecula PkPechanga Pkwy Butterfield Stage 3.08 6 6 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Briggs Scott SR-79 (Winchester) 3.39 2 4 1 3 0 $4,695,000 $1,947,000 $0 $470,000 $1,174,000 $664,000 $8,950,000 $8,950,000Unincorporated Butterfield Stage Murrieta Hot Springs Calle Chapos 0.82 4 4 2 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Butterfield Stage Calle Chapos La Serena 0.70 4 4 2 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Butterfield Stage La Serena Rancho California 0.90 2 4 2 3 0 $1,580,000 $517,000 $0 $158,000 $395,000 $210,000 $2,860,000 $2,860,000Unincorporated Butterfield Stage Rancho California Pauba 0.85 4 4 2 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Butterfield Stage Pauba SR-79 (Temecula Pkw1.69 2 4 2 3 0 $148,000 $49,000 $0 $15,000 $37,000 $20,000 $269,000 $269,000Unincorporated Butterfield Stage SR-79 (Winchester) Auld 2.28 2 4 2 3 0 $4,004,000 $1,309,000 $0 $400,000 $1,001,000 $531,000 $7,245,000 $7,245,000Unincorporated Butterfield Stage Auld Murrieta Hot Springs 2.23 0 4 2 3 0 $7,832,000 $2,560,000 $0 $783,000 $1,958,000 $1,039,000 $14,172,000 $14,172,000Unincorporated Butterfield Stage Tucalota Creekbridge 0.00 0 4 2 3 0 $0 $0 $0 $254,000 $636,000 $254,000 $3,688,000 $3,688,000Unincorporated Horsethief Canyon Temescal Canyon I-15 0.17 2 2 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Indian Truck Trail Temescal Canyon I-15 0.18 6 6 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Murrieta Hot SpringSR-79 (Winchester) Pourroy 1.75 4 4 1 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Pala Pechanga San Diego County 1.38 2 2 2 3 0 $0 $0 $0 $0 $0 $0 $0 $0Unincorporated Temescal Canyon Horsethief Canyon Wash bridge 0.00 2 4 2 3 0 $0 $0 $0 $153,000 $382,000 $153,000 $2,214,000 $2,214,000Unincorporated Temescal Canyon Indian Truck Trail I-15 2.57 2 4 2 3 0 $4,513,000 $1,475,000 $0 $451,000 $1,128,000 $599,000 $8,166,000 $8,166,000Unincorporated Temescal Canyon Indian Wash bridge 0.00 2 4 2 3 0 $0 $0 $0 $65,000 $162,000 $65,000 $941,000 $941,000WildomarBaxterI-15 Palomar0.37 2 4 1 3 0 $511,000 $212,000 $0 $51,000 $128,000 $72,000 $974,000 $921,000WildomarBaxterI-15 interchange 0.00 0 0 1 3 3 $0 $0 $12,343,000 $1,234,000 $3,086,000 $1,234,000 $17,897,000 $7,159,000WildomarBundy Canyon Mission I-15 0.94 2 4 1 2 0 $1,295,000 $4,235,000 $0 $130,000 $324,000 $553,000 $6,537,000 $6,537,000WildomarCentral BaxterPalomar0.74 2 4 1 2 0 $1,019,000 $3,332,000 $0 $102,000 $255,000 $435,000 $5,143,000 $5,143,000WildomarCentral Grand Palomar0.51 2 4 1 2 0 $707,000 $2,313,000 $0 $71,000 $177,000 $302,000 $3,570,000 $3,570,000
PRELIMINARY COST ESTIMATE
FOR POTENTIAL TUMF CREDIT
LAKE STREET ON/OFF RAMP IMPROVEMENTS
AT THE I-15 INTERCHANGE 3/29/2017
AMOUNT
1. ROADWAY IMPROVEMENTS
EARTHWORK $64,717
ASPHALT PAVING $66,333
CONCRETE PCC PAVING $20,335
TRAFFIC SIGNALS $600,000
ADDITONAL ITEMS $85,750
$837,134
TOTAL OFFSITE IMPROVEMENTS
2. INDIRECT COSTS
PLANNING $83,713
ENGINEERING $209,284
CONTINGENCY $83,713
SUBTOTAL
TOTAL ROADWAY ITEMS AND INDIRECT COSTS $376,710
TOTAL ESTIMATED COSTS $1,213,845
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ROADWAY ITEMS - TUMF IMPROVEMENT COST
ESTIMATED CREDIT FOR TUMF FEE
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
EARTHWORK
IMPORT BORROW MATERIAL 1,590 CY 7.72 12,275
CLEARING & GRUBBING 0.67 AC 9,625.00 6,449
WATER SUPPLY (10% OF IMPORT & CLEARING) 18,724 LS 0.10 1,872
ROADWAY EXCAVATION (4' DEEP EXCAVATION) 4,267 CY 10.34 44,121
SUBTOTAL EARTHWORK:64,717
ASPHALT PAVING INTERSECTION
ASPHALT CONCRETE PAVING - 4" THICK 232 CY 170.00 39,440
AGGREGATE BASE - 10" THICK 503 CY 31.00 15,593
PCC PAVEMENT 4" THICK (ASSUMED ALLOW AT INTERSECTI 83 CY 245.00 20,335
CONCRETE CURB ONLY (USED 1/2 OF C&G EST.) 565 LF 20.00 11,300
SUBTOTAL ASPHALT PAVING & CONCRETE CURB:86,668
TRAFFIC SIGNALS
TRAFFIC SIGNALS 2 EA 300,000.00 600,000
SUBTOTAL TRAFFIC SIGNALS:600,000
ADDITIONAL ITEMS
PROJECT DRAINAGE (EARTHWORK & PAVEMENT)140,085 LS 15% 21,013
STRIPING 1,760 LF 1.12 1,971
MARKING - EST. 60 SF 4.30 258
PAVEMENT MARKER (TERRAIN 1,2,3 ONLY) 0 EA 2.65 0
SIGNAGE - ONE SIGN POST 20 EA 263.00 5,260
SIGNAGE - TWO SIGN POSTS 4 EA 625.00 2,500
MINOR ITEMS 171,087 LS 10% 17,109
ROADWAY MOBILIZATION 188,195 LS 10% 18,820
ROADWAY ADDITONS 188,195 LS 10% 18,820
SUBTOTAL ADDITIONAL ITEMS:85,750
INDIRECT COSTS
PLANNING 837,134 EA 10% 83,713
ENGINEERING 837,134 EA 25% 209,284
CONTINGENCY 837,134 EA 10% 83,713
SUBTOTAL INDIRECT COSTS:376,710
TOTAL ROADWAY COST:1,213,845
NOTES:
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