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HomeMy WebLinkAboutItem No. 12 MeritageCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-186 Agenda Date: 5/10/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 12) Traffic Impact Fee Agreement between the City of Lake Elsinore and Meritage Homes of California, Inc. for Nichols Road Improvements Approve and authorize the City Manager to execute the Traffic Impact Fee (TIF) Street Improvement Reimbursement Agreement between the City of Lake Elsinore and Meritage Homes of California, Inc . for the Nichols Road Improvements Project in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 5/5/2022 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Remon Habib, City Engineer Date: May 10, 2022 Subject: Traffic Impact Fee Agreement between the City of Lake Elsinore and Meritage Homes of California, Inc. for Nichols Road Improvements Recommendation Approve and authorize the City Manager to execute the Traffic Impact Fee (TIF) Street Improvement Reimbursement Agreement between the City of Lake Elsinore and Meritage Homes of California, Inc. for the Nichols Road Improvements Project in such final form as approved by the City Attorney. Background The City of Lake Elsinore (City) administers a Traffic Impact Fee as part of the Development Impact Fee Program (under Chapter 16.74 of the City’s Municipal Code), which is a condition for the issuance of the building permit for a residential dwelling unit and for multi-family, office, commercial and industrial buildings within the City to finance the cost of traffic infrastructure. The Meritage Homes of California, Inc. (Developer) has approval from the City to develop the residential parcels of Nichols Ranch Project Tract 37305 and 37305-1 (Project). As a condition for obtaining these entitlements, the Developer is required to construct off-site street improvements. Discussion The City and Developer desire to enter into a reimbursement agreement for the Project. This agreement allows the Developer to request reimbursement for the eligible improvements as approved by the City Engineer. The eligible improvements include the construction of Nichols Road widening along the frontage of the project. The City TIF obligation for the project is $229,992. Only the portion of costs identified in the Technical Amendment No. 7 to the Traffic Impact Fee Study will be reimbursed to the Developer. The Developer is responsible for the payment of the balance of the TIF obligation. Traffic Impact Fee Agreement May 10, 2022 Page 2 Page 2 of 2 Fiscal Impact There is no direct fiscal impact because the agreement provides for the actual construction of eligible public improvements instead of payment of fees. The Developer’s City TIF obligation is $229,992 and the agreement identifies a maximum of $229,992 is eligible for reimbursements for TIF improvements. Exhibits A – TIF Agreement 1 TRAFFIC IMPACT FEE (TIF) STREET IMPROVEMENT REIMBURSEMENT AGREEMENT THIS STREET IMPROVEMENT REIMBURSEMENT AGREEMENT (this “Agreement”), entered into this ____ day of _____________, 2022, by and between the CITY OF LAKE ELSINORE, a municipal corporation, hereinafter referred to as the “City,” and Meritage Homes of California, Inc., hereinafter referred to as the “Developer.” RECITALS A. Developer is the owner of property located within the City, which property has received development approvals from the City including Tentative Tract Map approval TTM 37305,-1 (also referred to as Tracts 37305, 37305-1 Nichols Ranch), (“Project”) as shown on Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property” or the “Tract(s) “). B. As a condition of the development approvals for the Property, including the Parcel Map approvals, the Developer is required to construct those public improvements identified on Exhibit “C” for funding under the “TIF,” which is attached hereto and incorporated herein, consisting of street improvements for Nichols Road (individually, an “Improvement,” collectively the “Improvements”); the design of the Improvements have or will be submitted directly to the City and the estimated cost of the Improvements are also set forth on Exhibit “C.” C. Of the improvements to be constructed by the Developer, Nichols Road widening is identified in the TIF Study and eligible for reimbursement as specified in the cost estimate assumptions identified in the 2002 TIF Study and Chapter 16.74 of the Lake Elsinore Municipal Code, Resolution 2002.22, Section 7 “Use of Fee.” D. The Developer intends to develop or have developed 168 Residential Units. E City Ordinance No. 1081 adding Chapter 16.74 to the Lake Elsinore Municipal Code establishes a Traffic Infrastructure Fee to be paid prior to the issuance of a building permit for a residential dwelling unit for the City’s arterial and collector street system (the “TIF”), and Section 16.74.120 specifically establishes a mechanism for providing credits and reimbursement to Developer for constructing and installing eligible public capital street improvements. F. The Developer has requested that City enter into an agreement by the terns of which it can be reimbursed or receive credit from the TIF that the City has collected or will collect in the future for an amount that is not to exceed the amount specified in Exhibit “C” (the “Reimbursement Amount”). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows: Section 1. Purpose of the Agreement. Following execution of this Agreement, the Developer shall cause the Improvements to be designed, engineered, permitted and constructed and the City shall pay or credit the Developer the Reimbursement Amount, as defined in Section 5. 2 Section 2. Preparation and Approval of Plans and Specifications. The Developer has or shall cause plans and specification (the “Plans”) to be prepared for the Improvements and obtain all of the permits (“Permits”) required for construction of the Improvements. The Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written approval of the Plans from City. Section 3. Duty of Developer to Construct. The Developer shall construct or cause the Improvements to be constructed in accordance with the approved Plans and the specifications approved by the City Engineer. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even if the Reimbursement Amount is less than the actual cost of the Improvements. Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require the Developer to perform any work requiring a contractor’s license, nor shall the Developer be deemed to be performing construction services pursuant to this Agreement. Section 4. Acquisition of City Facilities. The Developer hereby agrees to convey to the City and the City hereby agrees to accept the Improvements and to pay to the Developer the Reimbursement Amount for the Improvements, subject to the terms and conditions hereof. The Reimbursement Amount is to be paid solely from the TIFs collected or to be collected by the City and designated for the cost of construction of the Improvements and the City shall not be obligated to pay the Reimbursement Amount except from amounts held by the City for such purposes. Section 5. Payment of the Reimbursement Amount. The Developer acknowledges that as of the date of this Agreement the City TIF obligation of the Project is $ 229,992 . This obligation currently [exceeds] [is less than] the estimated cost of the Improvements set forth in Exhibit “C”: the combined engineer’s estimated cost is $_1,626,410.76 of which $_229,992_ is eligible towards TIF Credits. The Developer further acknowledges that this Agreement does not serve to estop the City from making further adjustments to the TIF, consistent with Chapter 16.74 and State law. Finally, the Developer acknowledges that the City Council may consider adjustments to the TIF. The parties agree that the dollar amount of any TIF credit to be earned by the Developer pursuant to this Agreement (“Credit”) will be determined by the fee schedule and authorized TIF maximum budget for such Improvement in place at the time the City Engineer issues the Credit Notice. Additionally, the parties agree that certain components of Improvements can be separately identified, inspected and completed, and can be the subject of a Payment Request hereunder (a “Discrete Component”). (a) Upon recordation of a Notice of Completion for the Improvements and acceptance of the Improvements by the City Engineer or, alternatively, upon the determination by the City Engineer that a component of the Improvement is an acceptable Discrete Component, the Developer shall submit a billing to the City Engineer requesting determination of the actual cost of the Improvement or Discrete Component and the TIF Credit (“Payment Request”). The dollar amount of the earned TIF Credit is to equal the actual cost incurred by the Developer in constructing the Improvements or Discrete Component. The dollar amount of the earned TIF Credit may not exceed the dollar amount stated in Exhibit “C,” as may be amended from time to 3 time under the City’s TIF program as set forth in this Section 5. The Developer shall supply all documentation requested by the City Engineer in determining the actual construction cost of the Improvements or Discrete Component. The City Engineer shall use commercially reasonable efforts to determine the amount of the earned TIF Credit within thirty (30) calendar days of receipt of the bill submitted by the Developer. (b) As of the effective date of this Agreement, the parties agree that Developer has completed certain Discrete Components and has submitted Payment Requests therefor. The City Engineer has determined the amount of the earned TIF Credit for such Discrete Components, all as set forth in Exhibit “C.” Within 15 days of the effective date of this Agreement, the City Engineer shall provide Developer with the Credit Notice as set forth in subsection (c) below for such Discrete Components as set forth in Exhibit “C.” Notwithstanding the foregoing, Developer may seek to designate additional components of Improvements as “Discrete Components” subject to the requirements set forth herein. (c) The City Engineer will provide the Developer written notice (the “Credit Notice “), of the dollar amount of the earned TIF Credit. If the dollar amount of the earned TIF Credit exceeds the dollar amount of the TIF that would otherwise be due from the Developer (the “Fee Credit Excess”), the City Engineer will identify in the Notice that the TIF Credit Excess will generate either: (i) a cash reimbursement to the Developer if Developer has paid TIFs as provided in subsection (e) below or (ii) an earned TIF Credit to offset the City TIF required on another approved tract or parcel map to be developed by the Developer. Once completed, the Credit Notice is to be executed and dated by the City Engineer and the Developer. (d) If the dollar amount of the earned TIF Credit is less than the City TIF that would be due from the Developer, the Credit Notice will so note. The amount of the TIF Credit to be applied with each City TIF payment on either a per unit or per acre basis will be identified. (e) If one or more building permits are issued by City to Developer during a period in which developer does not have any available TIF Credits, then the Developer shall pay the full City TIF for each permit issued, and upon acceptance of any Improvements by the City Engineer, the City Engineer will note on the Credit Notice the full City TIF paid to date of acceptance and make the appropriate adjustment for the application of the earned TIF Credit consistent with subsection (c) above. Section 6. Construction Requirements. (a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job -site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer. (b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section 11 hereof throughout the term of the construction of the Improvements. 4 Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. (d) The Developer shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to submit certified weekly payroll records to the City Engineer promptly upon request. The Developer shall provide proof to the City Engineer, at such intervals and in such form as the City Engineer may require, that the foregoing requirements have been satisfied as to the Improvements. Section 7. Licenses and Permits. The Developer shall have secured (or shall have caused to be secured) any and all permits which may be required by the City or any other governmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits that are necessary to construct the Improvements. Section 8. Modifications to the Estimated Cost Stated in Exhibit “C.” The cost of the Improvements shall not exceed the amounts shown in Exhibit “C” without a formal amendment to this Agreement. If during the course of construction of the Improvements, the Developer is presented with a change order or set of change orders that would increase the construction cost beyond 15 %, then the Developer must receive the approval of the City Engineer before approving the change order(s). In no instance shall the total construction costs, including any change orders, exceed the estimated costs shown in Exhibit “C” without a formal amendment to this Agreement. Upon approving the change order, the City Engineer will cause a formal amendment to this Agreement to be prepared, if necessary. Failure to comply with this provision will result in the City not reimbursing or crediting the Developer for any change orders. Section 9. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to ensure that the work of construction is accomplished in accordance with the Plans and specifications approved by the City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection. No later than ten business days after receiving notification from the City that the Improvements has been constructed in accordance with the Plans, the Developer shall forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code. Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the Improvements in good and safe condition until their acceptance by the City. Prior to the acceptance of the Improvements, the Developer shall be responsible for maintaining the 5 Improvements in proper operating condition and shall perform such maintenance as the City Engineer reasonably determines to be necessary. As of the date of acceptance of the Improvements, the Developer shall assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements. Section 11. Insurance Requirements. Without limiting or diminishing the Developer’s obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. (a) Commercial General Liability: Developer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Developer’s performance of its obligations hereunder (“Policy”). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. (b) Vehicle Liability: Developer shall maintain liability insurance for all owned, non -owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker’s Compensation Insurance: Developer shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated rights-of-way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder: (a) Organization. The Developer represents and warrants that the Developer is a California corporation duly organized and validly existing under the laws of the State of California, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. 6 (b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer. (c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (d) Completion of Improvements. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements. (f) Payment Requests. The Developer represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to Payment Requests. (g) Financial Records. Until the final acceptance of the Improvements, the Developer covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles and will be available for inspection by the City and the City Engineer, at any reasonable time during regular business hours on two business days’ prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (h) Permits. The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer’s proceeding with and completing the construction of the Improvements or to the development of the Property as contemplated by the Developer. (i) Environmental Matters. The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California Environmental Quality Act (“CEQA”) as required for the construction of the Improvements and its conveyance to the City. Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer: (a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City. 7 (b) Binding Obligation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (c) Completion of the Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement. (d) Payment Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to each payment request and payment of the Reimbursement Amount. Section 15. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney’s fees, and court costs which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of: (a) the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any act or omission of the Developer or any of its subcontractors, or their respective officers, employees or agents, in connection with the Improvements. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys’ fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall be released from the indemnity obligation set forth herein upon the acceptance of the Improvements by the City. Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. Section 17. Other Agreements. Nothing contained herein shall be construed as affecting the City’s or the Developer’s respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer’s rights and obligations, and the City’s rights and obligations, under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to 8 be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the design, acquisition, construction and installation of the Improvements. Section 18. Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity other than an affiliate of the Developer without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors -in- interest of the parties hereto. Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer. Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92539 Developer: Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attn: Efrem Joelson With a copy to: Meritage Homes 8800 East Raintree Drive, Suite 300 Scottsdale, Arizona 85260 Attention: CA Regional Counsel Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic 9 communication, whether by telex, telegram or telecopy, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non - appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 24. Attorneys’ Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney’s fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 26. Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. [Signatures On Next Page] 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Date: _______________________, 2022 By:_______________________________ Jason P. Simpson, City Manager ATTEST: CITY CLERK __________________________________ Candice Alvarez, City Clerk APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. __________________________________ Barbara Leibold, City Attorney “DEVELOPER” MERITAGE HOMES OF CALIFORNIA, INC., a California Corporation Date: _______________________, 2022 By:______________________________ Name:___________________________ Its:______________________________ LIST OF EXHIBITS EXHIBIT “A” (MAP) SD SD SD SD SD \A1;10'\A1;10' Asph.Asph.Asph.Asph.Asph.Conc.Conc.Conc.WaterAsph.OBS. OBS. OBS. OBS. OBS. OBS.Asph.Asph. Rocks OBS. OBS. Water Rocks Rocks Rocks APN: 389-200-039 VACANTPARCEL 1, PM 37465 APN: 389-200-035 MINING 'A' STREET 'D' STREET 'E' STREET 'E' STREET 'G' STREET 'I' STREET 'B' STREETSTREET'C''D' STREET 'H''F'STREET STREET'J' STREET 'K' STREET TEMESCAL CANYON HIGH SCHOOL WOOD MESA CT.EL TOROROAD TERECORNIS AVE.RD.TOROEL 15 NICHOLSROADNICHOLS ROADPARCEL 2, PM 37465 APN: 389-200-036 COUNTY OF RIVERSIDECITY OF LAKE ELSINORE APN: 347-381-009 APN: 347-381-010 APN: 347-381-011 APN: 347-381-001APN: 347-382-005APN: 347-370-001 APN: 347-370-002 APN: 347-370-003 APN: 347-370-012 APN: 347-370-013 APN: 347-370-014 APN: 389-210-039 CORONA FREEWAY ZONING:R-A-2000TR. 18595RESIDENTI43 5 SEE SHEET 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1920 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35363738394041 4243 444546 4748 49 50515253545556575859 60 61 62 63 64 65 66 67 68 6970 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168LAKE ELSINORE OUTLET MALLLAND USE: RM & VLDR ZONING: R-A-2000 R-A-10 APN:347-160-036 VACANT DETAIL "A"LOT 169LOT 171LOT "M"LOT "N"COUNTYOFRIVERSI CITY OFLAKEELSINOREPARK SITELOT "B"LOT "O"LOT "P"LOT "L"LOT "G"LOT "M"LOT "N"LOT170LOT "A"\A1;48'\A1;60' FUTURE \A1;120' 2.0%2.0% N'LYR/WNTS CITY OF LAKE ELSINORE STD. NO. 100C URBAN ARTERIAL 14' MEDIAN 12' PARKWAY6' SIDEWALK \A1;48'* \A1;60' - PROP. IMPROVEMENTS FOR TR 37305 2.0%2.0% 12' PARKWAY 6'SIDEWALKS'LYR/WSEE SECTION N/2(WHERE NOTED)\A1;48'\A1;FUTURE (VARIES 60' TO 77') \A1;120' 2.0%2.0% N'LYR/WNTS CITY OF LAKE ELSINORE STD. NO. 100C URBAN ARTERIAL 14'MEDIAN12' PARKWAY6' SIDEWALK \A1;VARIES 48' TO 31' \A1;PROP. IMPROVEMENTS FOR TR 37305 (VARIES 60' TO 43') 2.0%2.0% 12' PARKWAY 6'SIDEWALKS'LYR/WSEE SECTION N/2(WHERE NOTED) \A1;VARIES \A1;0' TO 17' \A1;7' N.T.S. \A1;CHANNEL \A1;(VARIES)\A1;15'\A1;60'\A1;60' \A1;120' INTERIM R/W ULTIMATE N'LY R/W \A1;15' \A1;SEE SECTION O/2 \A1;3'TOETOP EP EP\A1;30'\A1;5'TOP 2.0%2.0% ULTIMATE TOP S'LYR/WTEMPORARY ROADWAY EASEMENT PER PM 37465 TO BE VACATED ONCE NEW INTERIM IMPROVEMENTS SHOWN HEREON ARE ACCEPTED BY THE CITY OF LAKE ELSINORE (WIDTH VARIES) \A1;NEW INTERIM IMPROVEMENTS PER TR 37305 CROWN VARIES 2.0% E'LYR/W{\LWOOD MESA COURT} NTS MODIFIED LOCAL STREET WIDENING {NOTE}: NO SIDEWALK 2.0% 2.0% \A1;10' \A1;PARKWAY W'LY R/W CROWN VARIES \A1;16'\A1;25'\A1;5' \A1;12' \A1;30'\A1;30'\A1;13' 2.0% CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE SEE SECTION H/2PRIVATE \A1;60'JOINLOT \A1;10' \A1;LOT "H" LS CROWN VARIES 2.0% E'LYR/W{\LEL TORO ROAD} NTS MODIFIED LOCAL STREET WIDENING 2.0% 2.0% \A1;10' \A1;PARKWAY W'LY R/W CROWN VARIES \A1;16'\A1;25'\A1;5' \A1;12' \A1;30'\A1;30'\A1;13' 2.0% CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE SEE SECTION I/2PRIVATE \A1;60'JOINLOT \A1;10' \A1;LOT "I" LS \A1;6'Drawing: R:\\382663\\Preliminary\\Tentative Tract Map\\663 - PLN - TTM 37305 - 001.dwg Layout: 1 TITLE SHEET Saved: 10/23/2018 9:16 AM Plotted: 10/23/2018 11:35 AM By: Matthew Moreno CITY OF LAKE ELSINORESHEET NO. OF __ SHEETS TENTATIVE TRACT MAP NO. 37305 1 5%%UEASEMENT NOTES:%%UGENERAL NOTESSCHOOL DISTRICT:LAKE ELSINORE UNIFIED SCHOOL DISTRICT (951) 253-7000 ELECTRIC:SOUTHERN CALIFORNIA EDISON COMPANY (800) 655-4555 GAS:SOUTHERN CALIFORNIA GAS COMPANY (800) 427-2200 WATER & SEWER:ELSINORE VALLEY MUNICIPAL WATER DISTRICT (951) 674-3146 TELEPHONE:VERIZON (800) 483-3000 CABLE:TIME WARNER (888) 892-2253 TENTATIVE TRACT MAP NO. 37305 VICINITY MAPPROJECT LOCATIONCITY OFLAKEELSINORERIVERSIDE COUNTYCOLLIER AVE.RIVERSIDE DRNICHOLS RD FREEWAYCORONANICHOLS RD 3RD STDEXTER AVE DEXTER AVELINDELL RD11TH ST10TH STCAMBERN AVE STRICKLAND GUNNERSON ST AVE THOMAS GUIDE, PAGE 836, GRID B7, 2006 SAN BERNARDINO & RIVERSIDE COUNTY EDITIONEL TORO RDROSTRATA STRED GUM RDTERETICORNIS AVE CENTRAL AVECONARD AVE C ALIFO RNIA 79 15 C ALIFO RNIA 79 %%UOWNER/DEVEPLOPER CORONA, CA 92877 PHONE: (951) 277-3900 NICHOLS ROAD PARTNERS, LLC P.O. BOX 77850 0' SCALE 1"=200' 200'200' { 2.EASEMENT(S) FOR DITCHES AND PIPELINES, IN FAVOR OF THE TEMESCAL WATER COMPANY, RECORDED ON AUGUST 9, 1895 PER A DOCUMENT RECORDED IN BOOK 33, PAGE 364 OF DEEDS. -NOT PLOTTED - INDETERMINATE FROM RECORD. 5.AGREEMENT TO ESTABLISH COVENANTS AND EQUITABLE SERVITUDES BETWEEN ADJOINING LANDOWNERS, PER A DOCUMENT RECORDED ON DECEMBER 21, 1981 AS INSTRUMENT NO. 234928 OF OFFICIAL RECORDS. -NOT PLOTTED - INDETERMINATE FROM RECORD. 6.AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR DRAINAGE AND SLOPE PURPOSES, IN FAVOR OF THE COUNTY OF RIVERSIDE, RECORDED ON JANUARY 11, 1983, PER INSTRUMENT NO. 5623 OF OFFICIAL RECORDS. 8.RESERVATION OF EASEMENTS AND RIGHTS NECESSARY TO MAINTAIN, OPERATE, REPLACE, REMOVE, OR REVIEW IN-PLACE PUBLIC UTILITY FACILITIES, RECORDED ON FEBRUARY 6, 2013 PER THE VACATION OF A PORTION OF NICHOLS ROAD RECORDED AS INSTRUMENT NO. 2013-00657 OF OFFICIAL RECORDS. -TO BE VACATED / ABANDONED PER PARCEL MAP 37465. 9.EASEMENT FOR PUBLIC RIGHTS OF WAY AND PUBLIC UTILITY PURPOSES, IN FAVOR OF THE CITY OF LAKE ELSINORE, RECORDED ON MARCH 6, 2013 PER INSTRUMENT NO. 2013-0109930 OF OFFICIAL RECORDS. 11.EASEMENT FOR FUTURE CALTRANS WIDENING / IN FAVOR OF THE CITY OF LAKE ELSINORE, RECORDED ON DECEMBER 20, 2013 PER INSTRUMENT NO. 2013-0589006. 17. 28.EASEMENT FOR POLE LINES AND / OR CONDUITS, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED ON DECEMBER 31, 1968 PER INSTRUMENT NO. 127429 OF OFFICIAL RECORDS. 25.EASEMENT FOR ROAD AND UTILITY PURPOSES, IN FAVOR OF MARY ELIZABETH CUMMINGS, RECORDED ON NOVEMBER 16, 1966 PER INSTRUMENT NO. 111314 OF OFFICIAL RECORDS. A.EASEMENT FOR PUBLIC ROAD PURPOSES PER PARCEL MAP NO. 37465 THIS EASEMENT IS TO BE VACATED BY THE CITY OF LAKE ELSINORE, INCLUDING ANY UTILITY RIGHTS, UPON COMPLETION OF THE NEW NICHOLS PAD LIMIT LINES DIRECTION OF FLOW CENTERLINE PROPERTY LINE RIGHT OF WAY PROPOSED LOTLINE PROPOSED WATER PROPOSED STORM DRAIN PROPOSED SEWER PROPOSED RECYCLE WATER STREET GRADE & FLOW DIRECTION PROPOSED CONTOUR EXISTING CONTOUR TOP OF SLOPE TOE OF SLOPE A.C.ASPHALT CONCRETE AC, AC.ACRE A.B.AGGREGATE BASE BC BEGIN OF CURVE CB CATCH BASIN C/L, CL, {\Fsimplex|c0;}CENTER LINE C&G CURB AND GUTTER CY CUBIC YARD D/L DAYLIGHT DWY DRIVEWAY E.A., EA EACH EC END OF CURVE EP END OF PAVEMENT EG EXISTING GROUND EX., EXIST.EXISTING FH FIRE HYDRANT FG FINISH GRADE FL FLOWLINE FM FORCE MAIN FS FINISHED SURFACE GB GRADE BREAK HP HIGH POINT L.F., LF LINEAL FEET LN LANE LP LOW POINT LS LANDSCAPE MAX MAXIMUM MIN MINIMUM MH MANHOLE N.A.P.NOT-A-PART NTS NOT TO SCALE P/L PROPERTY LINE PROP.PROPOSED R/W, RW RIGHT OF WAY R RADIUS SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN S SEWER SIM.SIMILAR SF, S.F.SQUARE FEET SW SIDEWALK TC TOP OF CURB TYP.TYPICAL VC VERTICAL CURVE W WATER LOT NUMBER1 A 2 DETAIL SHEET NUMBER PROPOSED STREET LIGHT LETTERED LOTA INDEX OF SHEETS SHEET NO.DESCRIPTION 1 TITLE SHEET 2 SECTIONS 3 TENTATIVE TRACT MAP 4 TENTATIVE TRACT MAP 5 TENTATIVE TRACT MAP Engineering, Inc. 357 N. SHERIDAN STREET ENGINEERINGSURVEYINGSUITE 117 CORONA, CALIFORNIA 92880 TEL. (951) 279-1800 FAX (951) 279-4380 EARTHWORK QUANTITIES CUT:198,000 CY FILL:217,000 CY IMPORT/EXPORT:56,200 CY BEING A SUBDIVISION OF PARCELS 3 AND PARCEL 4 OF PARCEL MAP NO. 37465 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.2:12:1 R/W 20' 60'6'10'R/W 6' 10'20' 2%2% A.C. PAVEMENT 2% SIDEWALK (TYP.) "B", "C", "D", "E", "F", "G", "H", "I", "J", & "K" STREETS PROP. 4'4' C&G (TYP.) PROP. 6" CITY OF LAKE ELSINORE STD. DWG. 108 %%UNOTE%%U: NO PARKING ALLOWED ON "B" STREET 1.{ASSESSORS PARCEL NUMBERS:} 389-200-038, 389-200-039; 389-210-008; 389-210-032; 389-210-034; 389-210-036, & PORTIONS OF CURRENT APNS: 289-200-035 & 289-200-036 2.{APPROXIMATE AREA} GROSS = 73.97 ACRES NET = 72.50 ACRESEXCLUDES CALTRANS WIDENING EASEMENT 11. 3.{EXISTING GENERAL PLAN DESIGNATION}: SPECIFIC PLAN (SP) - ALBERHILL RANCH AND GENERAL COMMERCIAL (GC) 4.{PROPOSED GENERAL PLAN DESIGNATION}: SPECIFIC PLAN (SP) - NICHOLS SOUTH 5.{EXISTING ZONING}: SPECIFIC PLAN (SP) - ALBERHILL RANCH AND COMMERCIAL MIXED USE (CMU) 6.{PROPOSED ZONING}: SPECIFIC PLAN (SP) - NICHOLS SOUTH 7.{TOTAL LOTS}: SINGLE FAMILYLOTS 1-16822.74 AC COMMERCIALLOT 16914.22 AC (15.68 AC GROSS) SEWER LIFT STATIONLOT 1700.13 AC PARK SITELOT 1716.49 AC PUBLIC STREETS (A-J)10 LOTS12.49 AC LETTERED LOTS (SEE TABLE ON SHEET 2)16 LOTS16.43 AC 8.{RESIDENTIAL LOT SIZE DATA} AVERAGE LOT SIZE =5,896 SF MINIMUM LOT SIZE =4,549 SF MAXIMUM LOT SIZE =9,468 SF 9.{PROPOSED GROSS DENSITY RESIDENTIAL}: 168 DU / 36.20 AC = 4.64 DU/AC 10.{EXISTING LAND USE}: VACANT 11.{ADJACENT LAND USES} WEST: FREEWAY (INTERSTATE 15) SOUTH: TEMESCAL CANYON HIGH SCHOOL EAST: EXISTING RESIDENTIAL NORTH: MINING AND VACANT 12.{PROPOSED USES}: RESIDENTIALLOTS 1-168 COMMERCIALLOT 169 SEWER LIFT STATIONLOT 170 PARK SITELOT 171 LANDSCAPE LOTS (MAINT. BY HOA)LOTS "A" THROUGH "K" OPEN SPACE/LS LOTLOTS "L" THROUGH "N" OPEN SPACELOTS "O" AND "P" 13.{PUBLIC STREETS}: ALL STREETS SHOWN HEREON SHALL BE PUBLIC STREETS. 14.{OPEN SPACE LOTS}: ALL OPEN SPACE LOTS SHALL BE MAINTAINED BY THE H.O.A. 15.{BUILDING SETBACKS}: PER NICHOLS SOUTH SPECIFIC PLAN 16.{THOMAS GUIDE}: PAGE 836, GRIDS B-7 & C-7, 2007 SAN BERNARDINO & RIVERSIDE EDITION 17.{GEOLOGICAL HAZARDS}: PER THE SOILS REPORT BY CHJ/TERRACON THERE ARE NOT ACTIVE FAULTS WITHIN THE SITE AND THE SITE IS NOT SUBJECT TO LIQUEFACTION OR OTHER GEOLOGICAL HAZARDS. 18.{FLOODPLAIN}: PORTIONS OF THE SITE ARE WITHIN A MAPPED FLOOD PLAIN - ZONE {“}A{”} PER FEMA FIRM PANEL 2028 OF 3805, MAP NO. 06065C208G. A CLOMR AND A LOMR WILL BE REQUIRED WITH THIS DEVELOPMENT TO RE-ESTABLISH THE LIMITS OF THIS FLOODPLAIN FOR STOVEPIPE CANYON CREEK TO MATCH EXISTING AND PROPOSED CONDITIONS “” 700 703 PROPOSED RETAINING WALL PROPOSED FIRE HYDRANT DAYLIGHT LINE 0.5% P=1300.0PAD ELEVATION WATERS OF THE STATE PROPOSED 100 YEAR (CDFW JURISDICTION) FEMA FLOODPLAIN WATERS OF THE US (ACOE JURISDICTION) PROP. ROCK (RIP-RAP) CHANNEL OR RETENTION 2% NTS * %%UNOTE%%U: A 14' WIDE RIGHT TURN ONLY LANE WILL BE PROVIDED ON THE SOUTH SIDE OFNICHOLS ROAD APPROACHING THE ENTRANCE TO THE COMMERCIAL SITE (LOT 169)2:12:1 R/W 26' 72'6'10'R/W 6' 10'26' 2%2% A.C. PAVEMENT 2% SIDEWALK (TYP.) %%UMODIFIED LOCAL STREET "A" STREET PROP. 4'4' C&G (TYP.) PROP. 6" MODIFIED CITY OF LAKE ELSINORE STD. DWG. 108 %%UNOTE%%U: NO PARKING ALLOWED ON "A" STREET 2% NTS CUT AND FILL QUANTITIES SHOWN ARE RAW ESTIMATES, IMPORT QUANTITY INCLUDES ESTIMATED AMOUNTS FOR SHRINKAGE, SUBSIDENCE, OVER-EXCAVATION QUANTITIES. ALL VALUES TO BE VERIFIED WITH FINAL DESIGN EXHIBIT `B” RESERVED EXHIBIT “C” IMPROVEMENTS CITY OF LAKE ELSINORE STREET IMPROVEMENTS ENGINEER’S ESTIMATE Page 1 of 2 PROJECT: Nichols Road Improvement Plans DATE: 08/26/20 LOCATION: Nichols Road & I-15 Freeway ITEM NO. QUANTITY UNIT DESCRIPTION OF ITEM UNIT COST TOTAL COST 1 LF 6” CURB AND GUTTER $10.00 $ 2 2,200 LF 8” CURB AND GUTTER $12.00 $ 26,400 3 20 LF 6” TO 8” PCC CURB TRANSITION $10.00 $ 200 4 385 LF 8” CURB AND GUTTER MODIFIED $12.00 $ 4,620 5 13,300 SF 4” SIDEWALK $6.00 $ 79,800 6 EA WHEELCHAIR RAMP $1,500.00 $ 7 EA 6” DRIVEWAY (RESIDENTIAL) $960.00 $ 8 EA 6” DRIVEWAY (COMMERCIAL) $1,680.00 $ 9 1 EA 30’ 6” DRIVEWAY APPROACH $2,400.00 $ 2,400 10 SF CROSS GUTTER $10.00 $ 11 LF 4’ WIDE ALLEY GUTTER $32.00 $ 12 2 EA P.C.C. GUTTER DEPRESSION $1,000 $ 2,000 13 20,515 CY ROUGH GRADING $20.00 $ 410,300 14 182,500 SF CLASS II AGGREGATE BASE $0.93 $ 169,725 15 SF 2-1/2” ASPHALT CONCRETE $1.35 $ 16 SF 3” ASPHALT CONCRETE $1.62 $ 17 182,500 SF 5-1/2” ASPHALT CONCRETE $2.16 $ 394,200 18 650 SF ASPHALT CONCRETE OVERLAY $0.90 $ 585 19 2,675 LF 6” ASPHALT CONCRETE CURB $8.00 $ 21,400 20 LF 6” ASPHALT CONCRETE DIKE $8.00 $ 21 LF 8” ASPHALT CONCRETE DIKE $10.00 $ 22 LF 2” X 4” REDWOOD HEADER $3.00 $ 23 EA STREET TREES $100.00 $ 24 EA RELOCATE TREES (PALM) $1,500.00 $ 25 EA TREE REMOVALS 6” DIAMETER & LARGER $500.00 $ 26 LF 6’ DECORATIVE WALL $30.00 $ 27 LF 6’ RETAINING WALL $60.00 $ 28 SF CONCRETE BLOCK WALL $9.00 $ 29 2,000 LF REMOVE AND RELOCATE CHAIN LINK FENCE W/ 2 GATES $15.00 $ 30,000 30 CY EXTRA EARTHWORK $9.50 $ 31 EA TRAFFIC AND WARNING SIGNS $250.00 $ 32 LF GUARDRAIL BARRICADES $40.00 $ 33 EA STREET NAME SIGNS $275.00 $ 34 EA STOP SIGNS $250.00 $ 35 EA GUIDEMARKER $60.00 $ 36 LF STRIPING $0.30 $ 37 EA ADJUST TRAFFIC SIGNAL GRADE BOX $500.00 $ 38 EA RESIDENTIAL LIGHT STANDARD 1000 A $5,000.00 $ 39 11 EA ARTERIAL HIGHWAY LIGHT STANDARD 1001 A $5,000.00 $ 55,000 40 650 SF SAWCUT EXISTING PAVEMENT $1.00 $ 650 41 650 SF GRIND ASPHALT CONCRETE $0.60 $ 390 42 85,600 SF REMOVE ASPHALT CONCRETE $0.60 $ 51,360 43 LF REMOVE CURB & GUTTER $18.00 $ 44 1 EA DRAINAGE STRUCTURE (MINOR) (OVERSIDE DRAIN) $1.500.00 $ 1,500 45 3,200 LF REMOVE FENCE $3.00 $ 9,600 46 220 CY 3” THICK CONCRETE DITCH $300.00 $ 66,000 47 1 EA DRAINAGE STRUCTURE (MAJOR) (FILTERRA STR) $10,000.00 $ 10,000 48 800 LF 6”/6” DOUBLE YELLOW LINE $0.30 $ 800.30 49 5,730 LF 6”/6” DOUBLE YELLOW LINE MEDIAN $0.30 $ 1,719 APPROVED AS SUBMITTED 2:52 pm, Sep 03 2020 50 3,345 LF INSTALL 6" RIGHT EDGELINE $0.30 $ 1,003.50 51 1,530 LF INSTALL 6" DASHED WHITE LANE LINE $0.30 $ 459 52 300 LF INSTALL 6" SOLID WHITE LANE LINE LEAD IN W/RPM $0.30 $ 90 53 300 LF INSTALL 8" SOLID WHITE CHANNELIZING LANE $0.30 $ 90 54 125 LF INSTALL 12" WHITE LIMIT LINE $0.30 $ 37.50 55 1,200 LF INSTALL 6" WHITE BIKE LANE LINE $0.30 $ 360 56 150 LF INSTALL 6" WHITE DASHED BIKE LANE LINE $0.30 $ 45 57 1,860 LF INSTALL 8" WHITE LINE FOR CHEVRON AREA $0.30 $ 558 58 1 EA INSTALL THEMOPLASTIC "YIELD" PAVEMENT LEGEND $75.00 $ 75.00 59 3 EA INSTALL THEMOPLASTIC "BIKE" PAVEMENT LEGEND $50.00 $ 150.00 60 3 EA INSTALL THEMOPLASTIC "LINE" PAVEMENT LEGEND $50.00 $ 150.00 61 3 EA INSTALL PAVEMENT MARKING "BIKE LANE ARROW" $50.00 $ 150.00 62 11 EA INSTALL PAVEMENT MARKING "TYPE IV ARROW" $50.00 $ 550.00 63 2 EA INSTALL PAVEMENT MARKING "TYPE VI ARROW" $50.00 $ 100 64 6 EA INSTALL THEMOPLASTIC "AHEAD" PAVEMENT LEGEND $75.00 $ 450.00 65 6 EA INSTALL THEMOPLASTIC "STOP" PAVEMENT LEGEND $75.00 $ 450.00 66 1 EA INSTALL PAVEMENT MARKING "TYPE I ARROW" $50.00 $ 50.00 67 3 EA INSTALL THEMOPLASTIC "SIGNAL" PAVEMENT LEGEND $75.00 $ 225.00 68 13 EA INSTALL NEW TRAFFIC SIGN $250.00 $ 3,250 69 6 EA INSTALL TRAFFIC SIGN BANDED TO ST LIGHT $100.00 $ 600 70 11 EA REMOVE AND RELOCATE EXISTING SIGN $250.00 $ 2,750 71 13 EA REMOVE EXISTING SIGN $200.00 $ 2,600 72 10 EA INSTALL "BLUE DOT" TYPE I PAVEMENT MARKER REFERENCE NICHOLS ROAD S&S PLANS $20.00 $ 200 73 23 EA ADJUST WATER VALVE TO GRADE $100.00 $ 2300 PAGE 2 OF 2 SUBTOTAL $ 1,355,342.3 20% CONTINGENCY (X $0.20) $ 271,068.46 TOTAL SHEET 1 $ - TOTAL SHEET 1 $ - TOTAL SHEET 2 (+) $ - GRAND TOTAL $ 1,626,410.76 Eng-Secretary/Forms/Engineer’s Estimate-Street Improvements Re-typed 10/15/05 1 TITLE SHEETVICINITY MAPPROJECT LOCATIONCITY OFLAKEELSINORERIVERSIDE COUNTYCOLLIER AVE.RIVERSIDE DRNICHOLS RD FREEWAYCORONANICHOLS RD 3RD STDEXTER AVE DEXTER AVELINDELL RD11TH ST10TH STCAMBERN AVE STRICKLAND GUNNERSON ST AVE THOMAS GUIDE, PAGE 836, GRID B7, 2006 SAN BERNARDINO & RIVERSIDE COUNTY EDITIONEL TORO RDROSTRATA STRED GUM RDTERETICORNIS AVE CENTRAL AVECONARD AVE C AL I FO R NIA 79 15 C AL I FO R NIA 79 NORTHCITY OF LAKE ELSINORENORTH 0 SCALE: 1"=200' 200 400 600 800 INDEX OF SHEETS SHEET NO.DESCRIPTION 1 TITLE SHEET 2 SECTIONS 3 DETAILS 4 NICHOLS RD. STA. 10+00 TO 17+50 5 NICHOLS RD. STA. 17+50 TO 25+50 6 NICHOLS RD. STA. 25+50 TO 35+00 NICHOLS RD. STA. 35+00 TO 45+00 8 NICHOLS ROAD TRANSITION ROAD CONSTRUCTION NOTES QTY UNIT CONSTRUCT 5-1/2" A.C. OVER 6" A.B. CL. II PER TYPICAL SECTION ON SHEET 2. (FINAL PAVEMENT SECTION TO BE DETERMINED PER SOILS ENGINEER DURING CONSTRUCTION)182,500 SF CONSTRUCT 8" TYPE '8' CURB & GUTTER PER CITY OF LAKE ELSINORE STD. NO. 201 2,200 LF CONSTRUCT 8" TYPE '8' CURB & GUTTER PER CITY OF LAKE ELSINORE STD. NO. 201 AS MODIFIED PER DETAIL ON SHEET 3 385 LF CONSTRUCT SIDEWALK PER CITY OF LAKE ELSINORE STD. NO. 210, 4" THICKNESS 13,300 SF CONSTRUCT GUTTER DEPRESSION FOR CURB OPENING CATCH BASIN CASE PER PLAN PER RIVERSIDE COUNTY STD. NO. 311 1 EA CONSTRUCT MODIFIED GUTTER DEPRESSION FOR FILTERA INTERNAL BYPASS CURB OPENING PER PLAN PER RIVERSIDE COUNTY STD. NO. 311, PER DETAIL ON SHEET 3 1 EA CONSTRUCT STREET LIGHT PER SEPARATE PLAN 11 EA CONSTRUCT COMMERCIAL DRIVEWAY APPROACH PER CITY OF LAKE ELSINORE STD. NO. 118A (WIDTH 30’)’1 EA CONSTRUCT FILTERRA INTERNAL BYPASS CURB (SEE SHEET 3 FOR DETAIL)1 EA ’’ 2675 LF ADJUST TO GRADE 23 EA REMOVE EXISTING AC PAVEMENT 85,600 SF SAWCUT & JOIN EXISTING PAVEMENT PER RIVERSIDE COUNTY STDS. & DETAIL ON SHEET 3 650 SF REMOVE AND RELOCATE SIGN PER SIGNING & STRIPING PLAN 30 EA CONSTRUCT TRAPEZOIDAL CONCRETE DITCH PER DETAIL ON SHEET 3 1,696 LF REMOVE EXISTING FENCE 3,200 LF REMOVE & RELOCATE GATE (BY OTHERS)2 EA CONSTRUCT CURB TRANSITION PER DETAIL ON SHEET 3 20 LF CONSTRUCT OVERSIDE DRAIN PER CALTRANS STD. NO. D87D & DETAIL ON SHEET 3 1 EA 1 2 2A 3 4 4A 5 6 8 9 10 11 12 13 14 15 16 17 TRACT NO. 37305NICHOLS ROADSTREETIMPROVEMENT PLAN {1.NOTE TO CONTRACTORS: THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY PIPES OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. APPROVAL OF THESE PLANS BY THE CITY OF LAKE ELSINORE DOES NOT CONSTITUTE A REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF THE LOCATION, NOR THE EXISTENCE OR NON-EXISTENCE OF ANY UNDERGROUND UTILITY, PIPE OR STRUCTURE WITHIN THE LIMITS OF THE PROJECT. THE CONTRACTOR IS REQUIRED TO TAKE ALL DUE PRECAUTIONARY MEASURES FOR THE PROTECTION OF ALL UTILITIES, PIPES OR STRUCTURES, WHETHER SHOWN ON THESE PLANS OR NOT. ANY UTILITY(IES) DAMAGED DURING THE PERFORMANCE OF THE WORK SHALL BE REPAIRED OR REPLACED TO THE SATISFACTION OF THE GOVERNING AGENCY BY THE CONTRACTOR AT HIS EXPENSE. 2.ALL WORK SHALL CONFORM TO CITY CODES, STANDARD SPECIFICATIONS FOR PUBLIC WORKS (LATEST EDITION), AND STANDARD DRAWING OF THE COUNTY OF RIVERSIDE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO BE FAMILIAR WITH THESE STANDARDS AND CODES AT ALL TIMES. 3.THE CONTRACTOR SHALL NOTIFY THE CITY PUBLIC WORKS INSPECTOR, FORTY-EIGHT (48) HOURS PRIOR TO BEGINNING ANY WORK. CALL FOR INSPECTION AT (951) 674-3124 EXTENSION 247, BETWEEN THE HOURS OF 9:00 AM AND 4:00 PM, MONDAY THROUGH THURSDAY. 4.CONTRACTOR SHALL MAINTAIN TRAFFIC CONTROL IN ACCORDANCE WITH CALTRANS TRAFFIC MANUAL AND WATCH MANUAL AT ALL TIMES DURING CONSTRUCTION, AS APPROVED BY CITY ENGINEER OR HIS REPRESENTATIVE. FAILURE TO DO SO SHALL REQUIRE IMMEDIATE WORK STOPPAGE. 5.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO HAVE A DEPENDABLE REPRESENTATIVE AT THE JOB SITE, AT ALL TIMES DURING CONSTRUCTION. 6.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ARRANGE FOR THE NECESSARY RELOCATION OF ANY UTILITIES. CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES INVOLVED, AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO BEGINNING WORK. THE CONTRACTOR SHALL ALSO CONTACT UNDERGROUND SERVICE ALERT (U.S.A.) AT 1-800-422-4133, AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO BEGINNING WORK. 7.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING OF THE PROPOSED WORK AREA AND RELOCATION AND COST OF ALL EXISTING UTILITIES. SUBDIVIDER MUST INFORM THE CITY OF LAKE ELSINORE OF CONSTRUCTION SCHEDULE, PRIOR TO BEGINNING OF CONSTRUCTION. 8.ALL UNDERGROUND FACILITIES WITH LATERALS INCLUDING BUT NOT LIMITED TO SEWER, WATER, TELEPHONE, ELECTRICITY, GAS AND DRAINAGE FACILITIES, SHALL BE IN PLACE PRIOR TO PAVING THE STREET SECTION. 9.ALL STREET SECTIONS ARE TENTATIVE. ADDITIONAL SOIL TESTS WILL BE TAKEN AFTER ROUGH GRADING, TO DETERMINE THE EXACT SECTION REQUIRED. SECTION THICKNESSES SHOWN ARE FOR BONDING PURPOSES ONLY. 10.ALL EXISTING UNDERGROUND UTILITIES AND STRUCTURES MUST BE POTHOLED AND ELEVATIONS VERIFIED PRIOR TO CONSTRUCTION. THE ENGINEER OF RECORD SHALL BE NOTIFIED ON ANY NECESSARY REVISIONS TO THE APPROVED PLANS. THE REVISIONS SHALL BE IN THE FORM OF "AS BUILT" PLANS SUBMITTED TO THE CITY ENGINEER FOR APPROVAL PRIOR TO THE FINAL ACCEPTANCE OF THE PROJECT. 11.ALL EXISTING MONUMENTATION DISTURBED OR DESTROYED DURING CONSTRUCTION SHALL BE REPLACED TO CITY STANDARDS, AS APPROVED BY THE CITY ENGINEER. CENTERLINE TIES ARE TO BE FURNISHED TO THE CITY ENGINEER UPON COMPLETION OF THE PROJECT AND BEFORE ACCEPTANCE IS GRANTED. 12.AN ENCROACHMENT PERMIT SHALL BE REQUIRED FOR ALL CONSTRUCTION WORK DONE WITHIN PUBLIC RIGHTS-OF-WAY. BEFORE ISSUANCE OF SAID PERMIT, THE CONTRACTOR/DEVELOPER MUST PROVIDE THE CITY ENGINEER WITH CERTIFICATE OF INSURANCE AND REQUIRED BONDING FOR PUBLIC IMPROVEMENTS. THE ENCROACHMENT PERMIT MUST BE PRESENT AT THE JOB SITE DURING THE TOTAL TIME OF PROJECT CONSTRUCTION ALONG WITH AN APPROVED SET OF IMPROVEMENT PLANS. 13.IF AN ENCROACHMENT PERMIT IS REQUIRED THROUGH THE DISTRICT NO. 8 OFFICE OF CALTRANS, PLEASE MAKE REFERENCE TO THIS FACT IN THE "GENERAL NOTES" SECTION OF THE IMPROVEMENT PLANS. \pxqc;{\LOWNER / APPLICANT} NICHOLS ROAD PARTNERS, LLC P.O. BOX 77850 CORONA, CA 92877 PHONE: (951) 277-3900 \pxqc;{\LCIVIL ENGINEER} K&A ENGINEERING, INC. 357 N. SHERIDAN STREET, SUITE 117 CORONA, CA 92880 \pxqc;{\LSOILS ENGINEER} GEOTEK, INC. 1548 NORTH MAPLE STREET CORONA, CA. 92880 CONTACT: ANNA M. SCOTT (951)-710-1160 %%UNOTE: \pxa1;ALL PROPOSED STREETS ARE PUBLIC RIGHT-OF-WAY.%%UBASIS OF BEARINGS{\LNOTIFICATIONS} CONTRACTOR SHALL NOTIFY THE FOLLOWING UTILITIES OR AGENCIES AT LEAST 48 HOURS IN ADVANCE OF STARTING CONSTRUCTION OR EXCAVATION: RIVERSIDE PERMIT SECTION (951) 955-6790 RIVERSIDE COUNTY TRANSPORTATION (951) 955-6880 DEPARTMENT - CONSTRUCTION SECTION: SPECTRUM (951) 406-1690 FRONTIER (800) 366-7801 ELSINORE VALLEY MUNICIPAL WATER DISTRICT:(951) 674-3146 RIVERSIDE COUNTY FLOOD CONTROL DISTRICT:{\C256;(951) 955-1200} SOUTHERN CALIFORNIA GAS CO.:(800) 427-2200 SOUTHERN CALIFORNIA EDISON CO.:{\C256;(800) 655-4555} UNDERGROUND SERVICE ALERT (USA):(800) 422-4133 OR 811 \pxa1,qj;THE BASIS OF BEARING FOR THIS SURVEY IS DERIVED FROM AN ONLINE POSITIONING USER SERVICE (OPUS) SOLUTION USING THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) "CNPP", "P474", AND "SBCC", NAD_83(2011) EPOCH 2010.00 AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF 0.99990957. CALCULATIONS ARE MADE AT CONTROL POINT "99" WITH COORDINATES OF N:2200064.438 (GRID) E:6222480.222 (GRID) USING AN ELEVATION OF 1462.062 (NGVD29'). A.C.ASPHALT CONCRETE AC, AC.ACRE A.B.AGGREGATE BASE AP ANGULAR POINT BC BEGIN OF CURVE BCV BEGIN OF CURVE RETURN BVC BEGIN OF VERTICAL CURVE CB CATCH BASIN C/L, CL, {\Fsimplex|c0;}CENTER LINE CFS CUBIC FEET PER SECOND C&G CURB AND GUTTER DWY DRIVEWAY E.A., EA EACH EC END OF CURVE ECR END OF CURD RETURN ELEV ELEVATION EP END OF PAVEMENT EG EXISTING GROUND EVC END OF VERTICAL CURVE EX., EXIST.EXISTING FG FINISH GRADE FL FLOWLINE FM FORCE MAIN FS FINISHED SURFACE G GAS GB GRADE BREAK HP HIGH POINT INT INTERSECTION JT JOIN TRENCH LENGTH L.F., LF LINEAL FEET LN LANE LP LOW POINT LT LEFT MAX MAXIMUM MOC MIDDLE OF CURVE MIN MINIMUM MH MANHOLE MVC MIDDLE OF VERTICAL CURVE NTS NOT TO SCALE O.C.ON CURVE O.S.OPEN SPACE PCC POINT OF COMPOUND CURVE P/L PROPERTY LINE POR.PORTION RCP REINFORCED CONCRETE PIPE PP POWER POLE PROP.PROPOSED PM PARCEL MAP PVI POINT OF VERTICAL INTERSECTION RT RIGHT R/W, RW RIGHT OF WAY SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN S, SS SEWER SF, S.F.SQUARE FEET STA STATION SW SIDEWALK T, TAN TANGENT T.I.TANGENT INTERSECTION TC TOP OF CURB TYP.TYPICAL VC VERTICAL CURVE W WATER WB WATER QUALITY%%UABBREVIATIONS & SYMBOLS {\LLEGEND} TRACT BOUNDARY CENTERLINE PROPOSED R/W PROPOSED CURB & GUTTER EXISTING R/W DAYLIGHT LINE PROPOSED STREET LIGHT NEW AC PAVEMENT EXISTING AC REMOVAL TOP OF SLOPE TOE OF SLOPE 2:1 SLOPE RATIO FIRE HYDRANT AIR VALVE ASSEMBLY SEWER LINE / MANHOLE EXISTING FENCE STORM DRAIN LINE/MANHOLE VALVE SIGN DISPOSITION NOTES QTY UNIT PROTECT IN PLACE PROTECT IN PLACE UNTIL RELOCATED BY OTHERS TO BE REMOVED AND RELOCATED (FENCE)2,000 LF 1 2 3 AC GRIND AND OVERLAY SIDEWALK PAVEMENT FLOW DIRECTION GRADE BREAK EXISTING WATERLINE EXISTING GAS EXISTING OVERHEAD ELECTRIC PROP. WATERLINE EXIST STORM DRAIN MS4362 IP#190029 SHEET NO. OF SHTS Drawing: R:\\382663\\Final\\Streets\\Infrastructure\\663 - PLN - ST - NICHOLS - 001.dwg Layout: TITLE SHEET Saved: 8/7/2020 10:33 AM Plotted: 8/11/2020 8:32 AM By: Drone Engineering, Inc. 357 N. SHERIDAN STREET ENGINEERINGSURVEYINGSUITE 117 CORONA, CALIFORNIA 92880 TEL. (951) 279-1800 FAX (951) 279-4380 CITY OF LAKE ELSINOREREVISIONSMARK APPR.DATE PREPARED BY:SEAL FILE NO.SCALE: AS SHOWNINSPECTOR DATE RCE DATE "AS BUILT" EXP. REVIEWED BY:STREET IMPROVEMENT PLANFOR TRACT 37305"THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS, AND A PERMIT MAY BE ISSUED." DATE: AUGUST 2020DATE KEITH G. OSBORN DATE36996R.C.E. No. 8 K No. 36996 E T H G.O S B ORN R E E ANROFACFOETATSC E S S ONA EN G N R E G S TERED P R O F REMON HABIB, RCE NO. 83156 CITY ENGINEER CITY OF LAKE ELSINORE {BENCH MARK}: BM B-95-61 FROM THE APPROXIMATE INTERSECTION OF COLLIER AVENUE AND NICHOLS ROAD 175 FEET SOUTHEASTERLY ALONG COLLIER AND 38 FEET NORTHEASTERLY TO BENCHMARK. 10 FEET SOUTHERLY OF A LIGHT STANDARD AND 10 FEET SOUTHERLY OF END OF CURB. SET CHISELED SQUARE ON NORTHEASTERLY CURB. ELEVATION: 1271.76' (NGVD 29')NICHOLS ROADDAYS BEFORETWO WORKING 1-800-422-4133 UNDERGROUND SERVICE ALERTDIALTOLL FREE A PUBLIC SERVICE BYBEFOREYOU DIGYOU DIGRECMDCOUNTY OVERSITE ENGINEERREGISTRATION #DATE SIGNEDAPPROVED AS TO COMPLIANCE WITH APPLICABLE COUNTY STANDARDSAND PRACTICES.%%UGENERAL NOTES{\C2;PROPOSED EDGE OF PAVEMENT} WW TEMESCAL CANYON HIGHSCHOOL APN: 389-210-039 LOT 139 O.S.LOT 144 O.S.LOT 141 O.S.LOT 142 O.S.PM 37465 PARCEL 3PM 37465 PARCEL 3LOT 144 O.S.TR 18595TR 373051 2 3 567891011 12131415 161718192021222324252627 28 29 30 31 32 33 34 35 36 3738 39 41 42 43 45 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100101102103104105106107108109110 111 112 113 114 115 116 117 118 119 120121122123124125126127128129130 131 132 133 134 1-12-15-1 6-1 7-19-110-111-112-113-1 14-1 15-116-117-1 18-119-1 WOOD MESA COURTHANGING ROCK ROADTERECORNIS EL TORO ROADHORSESHOE BEND ROADBEDROCK ROAD FLATHEAD ROAD BIGFORK ROAD HORSE CREEK ROADRANCH ROAD RANCH ROAD QUARRY WAYBRUSH CREEK WAY HANGING ROCK ROAD BRUSH CREEK WAY RIVER ROCK COURTRIVER BEND ROADQUARRY WAYAVENUE EL TORO ROAD 4 5 6 LOT 39-1CORONA FREEWAY CORONA FREEWAY CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE 7 8 STOVEPIPECANYONCREEKNICHOLS ROADEL TORO ROAD 1 ADDED ENVIRONMENTAL IMPACT REPORT MITIGATION MEASURE NOTES, CROSSED OUT REFERENCE TO TRAFFIC SIGNAL PLAN 1. DURING ANY NIGHTTIME CONSTRUCTION ACTIVITIES, ALL LIGHTING SHALL DI- RECT LIGHTING AWAY FROM THE PRESERVED ON-SITE DRAINAGE AND ASSOCI- ATED MSHCP HABITAT. 2. THE SOILS ENGINEERING INVESTIGATION DATED OCTOBER 22, 2019, PRE- PARED BY GEOTEK, INC. SHALL BE CONSIDERED A PART OF THIS PLAN AND SHALL BE IN COMPLIANCE. 3. PRIOR TO THE ISSUANCE OF GRADING PERMITS OR IMPROVEMENT PLANS AF- FECTING NICHOLS ROAD AND/OR EL TORO ROAD/WOOD MESA COURT, THE PROJECT APPLICANT SHALL PREPARE AND THE CITY OF LAKE ELSINORE SHALL APPROVE A TEMPORARY TRAFFIC CONTROL PLAN. THE TEMPORARY TRAFFIC CONTROL PLAN SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. EIR MITIGATION MEASURE NOTES 1 ENG-2019-00476 20-098 10-16-2020 RH 02/02/21 2 8 20-099 10-16-2020 3 8 CONSTRUCTION NOTES ’’ 20-100 10-16-2020 8 CONSTRUCTION NOTES ’ ’’ DISPOSITION NOTES 1 ADDED ENVIRONMENTAL IMPACT REPORT MITIGATION MEASURE NOTES, CROSSED OUT REFERENCE TO TRAFFIC SIGNAL PLAN 1 4 20-101 10-16-2020 RH 02/02/21 8 CONSTRUCTION NOTES ’’ DISPOSITION NOTES 5 1 ADDED ENVIRONMENTAL IMPACT REPORT MITIGATION MEASURE NOTES, CROSSED OUT REFERENCE TO TRAFFIC SIGNAL PLAN 1 1 1 20-102 10-16-2020 RH 02/02/21 8 CONSTRUCTION NOTES ’’ DISPOSITION NOTES 6 20-103 10-16-2020 8 CONSTRUCTION NOTES ’’ 7 20-104 10-16-2020 CONSTRUCTION NOTES ’’ 8 DISPOSITION NOTES 8 20-105 10-16-2020