HomeMy WebLinkAboutResolution 2020-57 DA 201805 Modern Leaf Modification
RESOLUTION NO. 2020-57
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF MODIFICATIONS
TO DEVELOPMENT AGREEMENT NO. 2018-05 TO INCREASE THE TOTAL
AREA FROM 2,074 SF TO AN APPROXIMATELY 6,524 SQUARE FOOT
CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 31877
CORYDON SUITE 120 (APN: 370-051-016) AND 31881 CORYDON SUITE 150
(APN: 370-051-030);
Whereas, Modern Leaf, LLC has filed an application with the City of Lake Elsinore (City)
requesting approval of modifications to Development Agreement No. 2018-02 (Exhibit A) and
Conditional Use Permit No. 2018-05 that established a 2,074 Square Foot (SF) Cannabis Facility
within an existing building (Project). The modified Project will increase the size by 4,450 sf for a
total Area of 6,524 SF. The Project is generally located at the northeast corner of the intersection
Cereal and Corydon and more specifically referred to as 31877 Corydon Unit 120 AND 31881
Corydon 150 (APN:370-051-006 AND 370-051-030); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the
Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope
of the proposed development and establish a building envelope that is consistent with the MSHCP
criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings
demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas, pursuant to Chapter 19.12 (Development Agreements) of the Lake Elsinore Municipal
Code (LEMC) the Planning Commission (Commission) has been delegated with the responsibility
of reviewing and making a recommendation to the City Council (Council) whether the development
agreement is consistent with the City’s General Plan and whether to approve the development
agreement; and,
Whereas, on October 6, 2020, at a duly noticed Public Hearing, the Commission has considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: That in accordance with the MSHCP, the Commission makes the following findings for
MSHCP consistency:
1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and
the Fuel Management Guidelines as the Project is wholly located within an existing
building and does not include any earth disturbing activities therefore Sections 6.1.2 or
6.3.1 of the MSHCP are not applicable.
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3. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
and the Additional Survey Needs and Procedures because the project is not located within
any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The Project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 2: The Commission hereby finds and determines that the Project is categorically exempt
from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and
CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301
(Class 1 – Existing Facilities), because the Project proposes to establish a Cannabis Facility within
an existing building. The site is fully developed, and only minor interior alterations are planned in
association with the proposed use.
Section 3: That in accordance with California Planning and Zoning Law and the Section 19.12.070
(Planning Commission report) of the LEMC, the Commission makes the following findings
regarding modifications to Development Agreement No. 2018-01:
1. It is consistent with the objectives, policies, general land uses and programs specified in
the General Plan and any applicable specific plan.
The proposed Development Agreement will help to offset the potential costs incurred by
the City associated with the establishment of a Cannabis related facility within an industrial
district. The Project site’s General Plan Land Use designation is Limited Industrial (LI). The
proposed Project is consistent the LI land use designation and with the objectives, policies,
general land uses and programs specified in the General Plan.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land
use district in which the real property is located.
The proposed Development Agreement will facilitate the establishment of the Cannabis
related facility within an existing building. The Project is located in the Limited Industrial
(LI) General Plan Land use designation and the Limited Manufacturing (M-1) Zoning
designation, which is consistent with the applicable General Plan Land Use Designation.
The proposed use is a permitted use subject to the approval of a Conditional Use Permit
within the M-1 Zoning designation.
3. It is in conformity with public convenience, general welfare and good land use practices.
The proposed Cannabis related facility which will be facilitated through the proposed
Development Agreement was found to be a high value development which will have
beneficial impacts to the surrounding community. Furthermore, the Project has been
reviewed and conditioned by all applicable City departments to reduce the potential for
any adverse effects.
4. It will not be detrimental to the health, safety and general welfare.
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The proposed Development Agreement will facilitate the establishment of a Cannabis
related facility within an existing building. The proposed Project has been reviewed and
conditioned by all applicable City departments to reduce the potential for any adverse
effects to the health, safety and general welfare.
5.It will not adversely affect the orderly development of property or the preservation of
property values;
The proposed Development Agreement will facilitate the establishment of a Cannabis
related facility within an existing building. The proposed use has been analyzed and staff
has determined that the proposed use meets all applicable sections of the LEMC and will
complement the existing uses. The Project was found not to adversely affect the orderly
development of property or the preservation of property values.
6.It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized
by the Development Agreement Act.
Section 4: Based upon the evidence presented, both written and testimonial, and the above
findings, the Commission hereby recommends that the Council find that the Project is consistent
with the MSHCP.
Section 5: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby recommends that the Council
approve modifications to Development Agreement No. 2018-05.
Section 6: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 6th day of October 2020.
Rendell Klaarenbeek
Chair
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
For:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2020-57 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 6th day of October, 2020, and that
the same was adopted by the following vote:
AYES: Commissioners Gray, Dobler; and Ross; Vice Chair Armit; and Chair Klaarenbeek
NOES: None
ABSENT: None
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
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Exhibit A
Development Agreement
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First Amendment DA - Modern Leaf 083020 3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
(Space Above Line For Recorder’s Use Only)
(Exempt from Recording Fees Per Gov. Code § 27383)
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF LAKE ELSINORE
AND
MODERN LEAF CULTURE, INC.
Approved ___________ __, 2020
Ordinance No. 2020-_____
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF LAKE ELSINORE
AND MODERN LEAF CULTURE, INC.
This First Amendment to Development Agreement (“First Amendment”), dated for
identification only as of September 1, 2020, is made by and between the City of Lake Elsinore, a
California municipal corporation (“City”), and Modern Leaf Culture, Inc., a California corporation
(“Developer”). This Amendment shall take effect on the “Effective Date,” as this term is hereafter
defined. City and Developer may each be referred to herein individually as a “Party” or collectively
as the “Parties.”
RECITALS
A. On __________ __, ____, pursuant to City Ordinance No. _______, the City
approved and adopted that certain “DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LAKE ELSINORE AND MODERN LEAF CULTURE, INC.,” which Development
Agreement was recorded on ___________ __, 2019 in the Official Records of Riverside County,
California as Instrument No. ____________ (the “Development Agreement”).
B. On November 28, 2017, the City Council approved Ordinance No. 1382 amending
the Lake Elsinore Municipal Code (“LEMC”) Chapter 17.156 to: (i) require all cannabis
businesses in the City to have a State license and a City cannabis business permit; (ii) establish
procedures for the review and issuance of a cannabis business permit; (iii) to allow cannabis
dispensaries, cannabis distribution, indoor cannabis cultivation, cannabis manufacturing and
cannabis testing laboratories in M-1 (limited manufacturing) and M-2 (general manufacturing)
zoning districts; and (iv) establish regulations related to such activities.
C. Ordinance No. 1382 allows persons to engage in a permissible “Cannabis Business”
upon the City’s issuance of a “Cannabis Business Permit,” which requires City approval of a
conditional use permit, development agreement, and other applicable approvals.
D. In connection with the Developer Agreement, Developer acquired an equitable
interest in that certain real property located at 31877 Corydon Road, Suite 120, in the City of Lake
Elsinore, County of Riverside, State of California, Assessor’s Parcel Number 370-051-016, which
is within a manufacturing zoning district (the “Original Site”). The Floor Area of the Original Site
is estimated at 2,074 square feet.
E. Developer has also recently acquired an equitable interest in that certain real
property located at 31881 Corydon Road, Suite 150, in the City of Lake Elsinore, County of
Riverside, State of California, Assessor’s Parcel Number 370-051-030, which is within a
manufacturing zoning district (the “Suite 150 Site”). The Floor Area of the Suite 150 Site is
estimated at 4,450 square feet.
F. The Original Site and the Suite 150 Site are hereinafter referred to collectively as
the “Site.” The estimated Floor Area of the Site is 6,524 square feet.
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G. The Site is more particularly described in the Legal Description attached hereto as
Exhibit A, the Site Plan is attached hereto as Exhibit B, and the Site Floor Plan is attached hereto
as Exhibit C.
H. Developer affirms that it has an equitable interest in the Site, evidenced in writing
with: (i) the owner of the Original Site, Joshua Grant, and (ii) the owner of the Suite 150 Site,
Proventure LLC, a California limited liability company (the “Suite 150 Property Owner”), for the
purpose of carrying out the Project. The Original Site Property Owner and the Suite 150 Property
Owner are hereinafter referred to collectively as the “Property Owners.”
I. The Property Owners have provided notarized written consent to the terms of this
Amendment and the recordation thereof, attached hereto as Exhibit D.
J. Developer proposes to improve, develop, and use the Site for a Cannabis Business,
in accordance with California Cannabis Laws (as defined below) and the LEMC, as each may be
amended from time to time (the “Project”).
K. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the California Legislature
adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which
authorizes the City and an individual with an interest in real property to enter into a development
agreement that establishes certain development rights in real property that is subject to a
development agreement application.
L. Consistent with the requirements of the Development Agreement Statute, the City
adopted LEMC, Chapter 19.12 (“Development Agreement Ordinance”) authorizing the use of and
establishing the procedures and requirements for the consideration of development agreements
within the City along with amendments thereto. LEMC, Section 19.12.020 provides for
amendments to a development agreement “is the same as the procedure for entering into an
agreement in the first instance.” LEMC, Section 19.12.010 requires submittal of an application
along with information and supporting data as requested by the Director of Community
Development for consideration of any development agreement. Developer has satisfied this
requirement.
M. On _________ __, 2020, the City of Lake Elsinore Planning Commission held a
duly noticed public hearing to consider the application for this First Amendment and recommended
to the City Council approval of this Amendment.
N. On ___________ __, 2020, the City Council held a duly noticed public hearing to
consider this Amendment and found and determined that this First Amendment: (a) is consistent
with the objectives, policies, general land uses and programs specified in the City’s General Plan
and any applicable specific plan; (b) is compatible with the uses authorized in, and the regulations
prescribed for the Site and the surrounding area and will not adversely affect the orderly
development of the Site or the preservation of property values; (c) is in conformity with public
convenience, general welfare and good land use practices; (d) will have an overall positive effect
on the health, safety and welfare of the residents of and visitors to the City; and (e) constitutes a
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lawful, present exercise of the City’s police power and authority under the Development
Agreement Statute and Development Agreement Ordinance.
O. Based on the findings set forth in Recital N herein, the City Council entered into
this Amendment pursuant to and in compliance with the requirements of the Development
Agreement Statute and the Development Agreement Ordinance; and did therefore, in approving
this Amendment introduce for first reading Ordinance No. 2020-____ (the “Enabling Ordinance”).
On __________ __, 2020, the City Council conducted the second reading of the Enabling
Ordinance thereby approving this Amendment, to become effective thirty (30) days after the
adoption thereof.
NOW, THEREFORE, in consideration of the mutual terms, obligations, promises,
covenants and conditions contained herein and for other valuable consideration, the sufficiency of
which is hereby acknowledged, the Parties, and each of them, agree as follows:
SECTION 1. EXHIBITS
The Development Agreement has attached to it four exhibits designated alphabetically as
Exhibit A through Exhibit D. Exhibits A through D of the Development Agreement shall remain
in full force and effect except to the extent that the provisions of this Section 1 of the First
Amendment modify those Exhibits.
The following documents are referred to in this First Amendment, attached hereto and
incorporated herein by this reference:
Exhibit A Legal Descriptions
Exhibit B Modified Site Plan
Exhibit C Modified Floor Plan*
Exhibit D Property Owners Consent
* The Revised Floor Plan exhibit is on file as a public record and available for
review at the City of Lake Elsinore’s City Clerk’s Office located 130 South Main
Street, Lake Elsinore, CA 92530.
SECTION 2. REVISIONS TO DEFINITIONS
The words and phrases used in this First Amendment as defined terms shall have the
meaning set forth in Section 2 of the Development Agreement, except as added and/or modified
below which defined terms shall be applicable to both the Development Agreement and the First
Amendment.
“Amendment Commencement Date” is defined in Section 4.2.c of the
Development Agreement (as set forth in Section 3 of this First Amendment below). The
Amendment Commencement Date does not amend the Effective Date as defined in the
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Development Agreement nor does the Amendment Commencement Date modify or change the
“Term” or the “Term Commencement Date.”
“Amendment Effective Date” means the date upon which this First Amendment is
approved by the City Council of the City. The Amendment Effective Date does not amend the
Effective Date as defined in the Development Agreement nor does the Amendment Effective Date
modify or change the “Term” or the “Term Commencement Date.”
“Cannabis Business License” or “Cannabis Business Permit” means the City
permit established and authorized by LEMC, Section 17.156.040, authorizing permissible
Cannabis Business activity which can only be issued upon City approval of a conditional use
permit, development agreement, and Additional City Approvals for each proposed Cannabis
Business activity project.
“Conditional Use Permit” means Conditional Use Permit No. 2018-37 issued by
the City to Developer pertaining to Developer’s original development of the Project and any
subsequent amendments thereto. In the event that an amendment to the Conditional Use Permit
pertaining to the Suite 150 Site has not been issued to the Developer as of the Amendment
Effective Date, the City hereby reserves its discretion under the police power to approve,
conditionally approve, or deny the issuance of any amendment to the Conditional Use Permit.
“Original Site” is defined in Recital D.
“Property Owners” is defined in Recital H.
“Site” means the Original Site and the Suite 150 Site.
“Suite 150 Property Owner” is defined in Recital H.
“Suite 150 Site” is defined in Recital E.
SECTION 3. REVISIONS TO GENERAL PROVISIONS
In order to update certain renumbering of the Lake Elsinore Municipal Code, subparts e
and f of Section 1.8 of the Development Agreement entitled Termination are hereby amended to
read as follows
e. abandonment of the Developer’s Conditional Use Permit pursuant
to LEMC, Section 17.415.070(D) including the failure of the Developer to
commence operation of the Project on the Site within the time presented
following the approval of the Conditional Use Permit;
f. suspension or revocation of Developer’s Conditional Use Permit
pursuant to LEMC, Section 17.415.070(G);
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SECTION 4. REVISIONS TO COMMUNITY BENEFITS FEE
Section 4.2 of the Development Agreement entitled Community Benefits Fee is hereby
amended to add the following subpart c:
c. Increase in Floor Area. The approved Floor Area of the
Project has been increased by the addition of the Suite 150 Site to the Project
as provided in the First Amendment. Upon the issuance of a modified or
new Cannabis Business Permit for the Suite 150 Site (the “Amendment
Commencement Date”), Developer shall be obligated to pay the
Community Benefits Fee based on the rate then in effect multiplied by the
the square footage of the Suite 150 Site, such sum due to be adjusted pro
rata for the remainder of the year until the next Adjustment Date. Upon the
Adjustment Date following the Amendment Commencement Date,
Developer shall make payment to the City pursuant to Section 4 utilizing the
Floor Area of the Site and the then applicable “per square foot” Community
Benefit Fee in effect on the Adjustment Date and all adjustments thereafter.
(For example and for illustration purposes only, if
Developer’s Community Benefits Fee is $18.72 per square
foot of Floor Area as of the Amendment Commencement
Date and Suite 150 adds 4,450 square feet to the Project [and
the time between the Amendment Commencement Date and
next Adjustment Date is 180 days], Developer would pay an
additional Community Benefit Fee of $41,652 on the
Amendment Commencement Date [$18.72 x 4,450 s.f. x
180/360]. Assuming the Original Site has a Floor Area of
2,075 s.f., upon the next Adjustment Date following the
Amendment Commencement Date, the Community Benefit
Fee for that year would be $127,022 [$19.47 (adjusted for
4% increase) x 6,524 s.f.].)*
* The example in 4.2.a of the Developer Agreement assumes that
the Floor Area of the Original Site is 6,100 s.f. for the sole purpose
of illustrating the Community Benefits Fee calculation. The Parties
agree that the Floor Area of the Original Site is 2,074 s.f.
Article 4 of the Development Agreement is hereby amended to add the following Section
4.5:
4.5 Tax Payment and Facility Payment Offset.
a. In the event that the voters of the City of Lake Elsinore
approve a Cannabis business tax or any percentage of gross receipts based
fee, Developer shall pay the amount established by any such measure or
initiative (“Tax Payment”) in accordance with any procedure so established
by the City, provided, however, that Developer shall be entitled to an offset,
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dollar for dollar, of such Tax Payment against the Community Benefit Fee
then owing or, alternatively, if the Community Benefit Fee then owing is
insufficient to fully satisfy the offset as provided herein, such unsatisfied
offset shall be a credit against the payment of any future Community Benefit
Fee until such offset is fully satisfied.
b. In the event that the voters of the City of Lake Elsinore or
the City Council approve a fee based on the square footage of premises
where permitted commercial cannabis activities, Developer shall pay the
amount established thereby (“Facility Payment”) in accordance with any
procedure so established by the City, provided, however, that Developer
shall be entitled to an offset, dollar for dollar, of such Facility Payment
against the Community Benefit Fee then owing or, alternatively, if the
Community Benefit Fee then owing is insufficient to fully satisfy the offset
as provided herein, such unsatisfied offset shall be a credit against the
payment of any future Community Benefit Fee until such offset is fully
satisfied.
c. Imposition of a Tax Payment and/or a Facility Payment
obligation by the City or the voters of the City of Lake Elsinore shall not
relieve Developer of its obligation to pay the Community Benefit Fee except
for the offset as set forth in Sections 4.5.a and 4.5.b above.
SECTION 5. ADDITIONAL PROVISIONS
5.1. Counterparts. This First Amendment may be executed in counterparts, each
of which so executed shall be deemed an original, and such counterparts together shall constitute
but one First Amendment.
5.2. No Other Changes. Except as modified by this First Amendment, the terms
and conditions of the Original Development Agreement, remain in full force and effect and shall
be incorporated as a part of and interpreted as one integrated agreement covering the subjects
included therein. If there are any conflicts between the provisions of this First Amendment and
the original Development Agreement, the provisions of this First Amendment shall control.
5.3. Recordation by City Clerk. Pursuant to Government Code Section 65868.5,
within ten (10) days of execution of this First Amendment by the Parties, the City Clerk shall
record a copy with the Riverside County Recorder. Thereafter, pursuant to Government Code
Section 65868.5, the burdens of the First Amendment shall be binding upon, and the benefits of
the agreement shall inure to, all successors in interest to the Parties to the First Amendment.
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IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates
set forth below.
“CITY”
CITY OF LAKE ELSINORE,
a municipal corporation
Date: By:
Mayor
ATTEST:
By:
Candice Alvarez, MMC, City Clerk
APPROVED AS TO FORM:
“DEVELOPER”
MODERN LEAF CULTURE, INC.,
a California corporation
Date: By:
Joshua Grant, President
Date: By:
Ashley Grant, Secretary/Treasurer
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STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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Exhibit A – Page 1
EXHIBIT A
LEGAL DESCRIPTION
The real property referred to herein is situated in the County of Riverside, City of Lake Elsinore,
State of California, and is described as follows:
Original Site
A CONDOMINIUM COMPRISING INTEREST IN UNIT #F-2 AS SHOWN ON THE
CONDOMINIUM PLAN RECORDED ON JUNE 2, 2005, AS INSTRUMENT NUMBER
2005-0441925 IN THE RIVERSIDE COUNTY OFFICIAL RECORDS (“PLAN”) AND AS
FURTHER DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR INDUSTRIAL
CONDOMINIUM OWNERSHIP RECORDED ON AUGUST 5, 2003 INSTRUMENT
NUMBER 2003-592581 IN THE RIVERSIDE COUNTY OFFICIAL RECORDS AND AS
AMENDED IN THE FIRST AMENDMENT OF DECLARATION OF RESTRICTIONS FOR
BLUE LAKE CONDOMINIUM OWNERSHIP RECORDED ON MAY 27, 2005 AS
INSTRUMENT NUMBER 2005-0423404 IN THE RIVERSIDE COUNTY OFFICIAL
RECORDS (COLLECTIVELY, THE “DECLARATION”), WHICH CONDOMINIUM IS
LOCATED ON THE REAL PROPERTY DESCRIBED AS PARCEL 2 AS SHOWN BY
RECORD OF SURVEY ON FILE IN BOOK 73 PAGE 44 OF RECORDS OF SURVEY,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM AND RESERVING EASEMENTS AS DEFINED IN THE
DECLARATION.
FURTHER EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS ON
THE PLAN AND DESCRIBED IN THE DECLARATION OTHER THAN THE UNIT
ABOVE AND THE ASSOCIATION COMMON AREA OR COMMON AREA AS DEFINED
IN THE DECLARATION OR SHOWN ON THE PLAN.
APN: 370-051-016-7
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Exhibit A – Page 2
Suite 150 Site
A CONDOMINIUM COMPRISING INTEREST IN UNIT #H-5 AS SHOWN ON THE
CONDOMINIUM PLAN RECORDED ON JUNE 2, 2005, AS INSTRUMENT NUMBER
2005-0441925 IN THE RIVERSIDE COUNTY OFFICIAL RECORDS (“PLAN”) AND AS
FURTHER DESCRIBED IN THE DECLARATION OF RESTRICTIONS FOR
INDUSTRIAL CONDOMINIUM OWNERSHIP RECORDED ON AUGUST 5, 2003 AS
INSTRUMENT NUMBER 2003-592581 IN THE RIVERSIDE COUNTY OFFICIAL
RECORDS AND AS AMENDED IN THE FIRST AMENDMENT OF DECLARATION OF
RESTRICTIONS FOR BLUE LAKE CONDOMINIUM OWNERSHIP RECORDED ON
MAY 27, 2005 AS INSTRUMENT NUMBER 2005-0423404 IN THE RIVERSIDE
COUNTY OFFICIAL RECORDS (COLLECTIVELY, THE “DECLARATION”), WHICH
CONDOMINIUM IS LOCATED ON THE REAL PROPERTY DESCRIBED AS PARCEL 2
AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 73 PAGE 44 OF RECORDS
OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM AND RESERVING EASEMENTS AS DEFINED IN THE
DECLARATION.
FURTHER EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS ON
THE PLAN AND DESCRIBED IN THE DECLARATION OTHER THAN THE UNIT
DESCRIBED ABOVE AND THE ASSOCIATION COMMON AREA OR COMMON AREA
AS DEFINED IN THE DECLARATION OR SHOWN ON THE PLAN.
APN: 370-051-030-9
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit B – Page 1
EXHIBIT B
REVISED SITE PLAN
[TO BE INSERTED]
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit C – Page 1
EXHIBIT C
REVISED FLOOR PLAN
The Revised Floor Plan is on file as a public record and available for review at the City of Lake
Elsinore’s City Clerk’s Office located 130 South Main Street Lake Elsinore, CA 92530.
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 1
EXHIBIT D
PROPERTY OWNERS CONSENT
[ATTACHED]
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 2
PROPERTY OWNER CONSENT
Joshua Grant, being the owner of certain real property described in Exhibit A (further identified
as the “Original Site” and APN 370-051-016) to this First Amendment to Development
Agreement, dated for identification only as of September 1, 2020, by and between the City of
Lake Elsinore and Modern Leaf Culture, Inc. (the “First Amendment”), does hereby consent to
the recordation of said First Amendment in the Official Records of the County of Riverside.
Date:
Joshua Grant, Owner
[notary required]
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 3
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 4
PROPERTY OWNER CONSENT
Proventure LLC, a California limited liability company, being the owner of certain real property
described in Exhibit A (further identified as the “Suite 150 Site” and APN 370-051-030) to this
First Amendment to Development Agreement, dated for identification only as of September 1,
2020, by and between the City of Lake Elsinore and Modern Leaf Culture, Inc. (the “First
Amendment”), does hereby consent to the recordation of said First Amendment in the Official
Records of the County of Riverside.
PROVENTURE LLC, a California limited liability
company
Date: By:
Name:
Its:
[notary required]
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 5
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548
Exhibit D – Page 6
DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548