HomeMy WebLinkAboutPardee Homes Development Agreement Canyon Hills Ord. No. 1270 First Amendment 01-12-2010 DOC # 2010-0078164
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Recorded in Official Records
County of Riverside
Larry U. Ward
MA R��Recording Requested By and Assessor, County Clerk & Recorder
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When Recorded Return tIT` CLL, YS OFFICE
City Clerk S R U PAGE SIZE DA MISC LONG RFD COPY
City of Lake Elsinore
130 South Main Street EXAM
Lake Elsinore, CA 92530 M A L 465 426 PCOR NCOR SMF NCH
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(Space above for Recorder's Use)
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF LADE ELSINORE
AND
PARDEE HOMES,SUCCESSOR-IN-INTEREST
TO PARDEE-GROSSMAN/COTTONWOOD CANYON,ET AL.
Approved January 12,2010
Ordinance No. 1 ?-' 1 b
Chapter 19.12 Municipal Code
Canyon Hills
- L
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
(Canyon Hills)
This First Amendment to Development Agreement ("First Amendment") is
entered into between the City of Lake Elsinore, a municipal corporation and political subdivision
of the State of California ("City"), Pardee Homes, a California corporation, successor-in-interest
to Pardee-Grossman/Cottonwood Canyon, a general partnership organized and existing under the
laws of the State of California ("Developer"), and Richmond American Homes of Maryland,
Inc., a Maryland corporation ("Richmond") to be effective on the date this First Amendment is
approved by the City Council. City, Developer and Richmond are sometimes referred to
collectively as the "Parties."
RECITALS
A. City and Developer have entered into a Development Agreement recorded
with the Riverside County Recorder on July 19, 1990 as document number 265632 ("Original
Development Agreement"). The Original Development Agreement, among other things, vests
land use development rights for a project formerly known as Cottonwood Hills and now known
as Canyon Hills ("Canyon Hills") on land owned by Developer located in the City. The Original
Development Agreement has a term of at least 20 years. Developer is the owner of the portions
of Canyon Hills described in Exhibit "A" hereto as the "Developer Property" and the
"PA 21B/24 Property." Richmond is the owner of the portion of Canyon Hills described in
Exhibit"A"hereto as the `Builder Property."
B. With Developer's consent, the Specific Plan has been amended twice
since it was originally approved. All references herein to the "Specific Plan", "Project" and
"Development Approvals" shall include the Specific Plan and other Development Approvals and
any amendments thereto to which Developer has consented in the past or consents to in the
future.
C. Pursuant to the Original Development Agreement and the Development
Approvals, Developer constructed or made substantial improvements to several regional
roadways, including Railroad Canyon Road, Cottonwood Hills Road (now Canyon Hills Road),
Cottonwood Canyon Road, Lost Road and Holland Road at a cost in excess of $40 million.
Pursuant to Sections III.A and IILB of Exhibit E to the Original Development Agreement,
Developer has fully satisfied any and all obligations for the funding and construction of public
roadway improvements and the Project is exempt from participation in any City-wide,
subregional or equivalent road improvement program or freeway interchange program except the
Railroad Canyon Road Benefit Reimbursement District Ordinance.
D. In order to implement certain provisions of the Original Development
Agreement and Development Approvals relating to fire protection services and facilities and
park improvements, City and Developer entered into that certain Public Facilities and Services
Financing Agreement dated as of June 24, 2003 (the "Public Facilities Agreement.") The Public
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Facilities Agreement provided for, among other things, the terms of Developer's funding and
construction of a fire station and the Developer's consent to include all of the then-unoccupied
portion of the Project in the City's first community facilities district established to levy a special
tax for public safety services. The Public Facilities Agreement also provided for financing of
only a portion of the cost of a community park within Planning Area 18 of the Specific Plan (the
"Community Park"), certain terms relating to two neighborhood parks and one parkway park
within the Specific Plan area, of which the "parkway park" and "Neighborhood Park No. 1"have
been completed. One of the purposes of this First Amendment is to provide entirely for the
funding and construction of the Community Park and the PA 27A Park and to provide for the
establishment of a community facilities district over the remaining unoccupied portion of the
Project to levy a special tax for maintenance of the Community Park, the PA 27A Park, public
open space and street lighting. As such, this First Amendment shall supersede in its entirety
Article III of the Public Facilities Agreement.
E. In order to implement certain provisions of the Original Development
Agreement and Development Approvals and other regulatory approvals, Developer has agreed to
dedicate approximately 950 acres of natural open space to the City and has acquired and
dedicated for public purposes over 160 acres of off-site, natural open space, all of which
preserves significant natural habitat.
F. City has established City of Lake Elsinore Community Facilities
District No. 2003-2 (Canyon Hills) ("CFD No. 2003-2") encompassing portions of the Project
and has designated improvement areas of CFD No. 2003-2 (each, an "Improvement Area") for
the purpose of levying special taxes and issuing bonds to finance public improvements. The City
j and Developer have entered into that certain Funding, Construction and Acquisition Agreement
I dated as of February 1, 2004 (the "Acquisition Agreement") with respect to the CFD No. 2003-2.
G. Due to economic and market conditions that have occurred outside of the
control of Developer, full development of the remainder of the Project will not occur during the
initial term of the Original Development Agreement. Provisions in the Original Development
Agreement acknowledge Developer's discretionary control over timing and phasing of
development of the Project in order to respond to changed circumstances in the land
development and real estate industry.
H. This First Amendment relates to the timing and financing of
previously-approved elements of the Project, will not have a significant impact on the
environment and is consistent with the Environmental Impact Report certified for the Project and
other prior environmental determinations and with the requirements of the California
Environmental Quality Act.
1. Pursuant to the provisions of Section 65868 of the California Government
Code and Section 19.12.120 of the City's Municipal Code, City and Developer have determined
to extend the term of the Original Development Agreement by an additional twenty years to
enable full completion of the Project within a more reasonable schedule to accommodate
changes in economic conditions and the housing market.
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J. After giving appropriate notice, the City Planning Commission held a
public hearing to consider this First Amendment on December 1, 2009 and reported and
recommended to the City Council its findings on the matters stated in Section 19.12.080(B) of
the City's Municipal Code.
K. After a duly noticed public hearing, the City Council approved this First
Amendment pursuant to Ordinance No. l 27 0 , adopted on January 12, 2010.
L. This First Amendment is consistent with the City's General Plan, Specific
Plan, and associated amendments, and other applicable ordinances, plans and policies of the
City. This First Amendment is also consistent with the purpose and intent of the provisions of
Section 65864 et seq. of the California Government Code, and Chapter 19.12 of the City of Lake
Forest Municipal Code. References herein to the "Development Agreement" shall mean the
Original Development Agreement as modified by this First Amendment with respect to the
Developer Property, the PA 2113/24 Property and the Builder Property.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Unless otherwise defined below, capitalized terms used in
this First Amendment shall have the meaning ascribed to them in the Development Agreement.
The following capitalized terms used in this First Amendment shall have the meanings set forth
below:
i
"Acquisition Agreement" is defined in Recital D.
"Actual Cost" shall have the meaning ascribed to it in the Acquisition
Agreement.
"Bonds"means bonds authorized to be issued by CFD No. 2003-2.
"Builder Property" means the real property described as such in Exhibit "A"
hereto.
"Canyon Hills Habitat Area" means the natural open space areas within the
Specific Plan to be dedicated to the City.
"CFD No. 2003-2" means City of Lake Elsinore Community Facilities District
CFD No. 2003-2 (Canyon Hills).
"Change Order" means a written order directing an addition, deletion, or
revision in the approved Park Improvement Plans.
"City"means the City of Lake Elsinore.
"Community Park" means a community park designated within Planning
Area 18 of the Specific Plan.
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"Community Park Improvements" means the improvements within the
Community Park Site consistent with the Design and Park Improvement Plans.
"Community Park Maintenance Advance" means an advance by Developer to
City for City's actual costs of maintaining each Phase of the Community Park for a period of
time following its completion.
"Community Park Site" is depicted in Exhibit"C."
"Design" means the conceptual design and major elements of the Community
Park or PA 27A Park, as applicable, depicted and described in Exhibits C-1 and C-2,
respectively.
"Developer" means Pardee Homes, a California corporation, and its successors
and assigns.
"Developer Property" means the real property described as such in Exhibit"A"
hereto.
"Development Agreement" is defined in Recital L above.
"Effective Date" means the date upon which this First Amendment is approved
by the City Council of the City
"Improvement Area" means an improvement area designated as such within
CFD No. 2003-2.
"Maintenance CFD" is defined in Section 3.1 below.
"Maintenance CFD Costs" means the City's actual costs of services and
maintenance CFD administrative expenses legally authorized to be paid with the special taxes of
the Maintenance CFD.
"Maintenance CFD Fund"means a segregated, interest-bearing fund established
and maintained by the City, which shall consist of an Advance Account and a Special Tax
Account from which disbursements shall be made for the City's actual costs of maintaining the
Community Park, the PA 27A Park and the Project Habitat Area and to reimburse prior
Community Park Maintenance Advances as set forth in Section 3.3 below.
"PA 27A Park" means the approximately 2.5 acre neighborhood park to be
constructed within Planning Area 27A.
"Park Improvement Plans" means plans and specifications for the Community
Park or PA 27A Park, as applicable, which will be submitted to and approved by the City,
subject to the preparation of related engineering plans and plan check approval by the
Department of Community Development, Division of Building and Safety, as modified from
time to time by Change Orders.
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"PA 27A Park Improvements" means the improvements to the PA 27A Park
site consistent with the Design and Park Improvement Plans.
"PA 21B/24 Property" means the real property described as such in Exhibit "A"
hereto.
"Phase" means each of two (2) construction phases of the Community Park, as
described in Exhibit "C."
"Public Facilities Agreement" is defined in Recital E.
"Schedule of Performance" is set forth in Exhibit"D."
i
"Scope of Work"means the improvements, amenities, specifications and phasing
as set forth in Exhibit "E" with respect to the Community Park or PA 27A Park, as applicable.
"Special Taxes"means Maintenance CFD special taxes.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE II
PARK CONSTRUCTION AND ACQUISITION
Section 2.1. Design and Park Improvement Plans. In consultation with the City,
Developer shall prepare conceptual park designs of the Community Park and PA 27A Park that
conform to and not exceed the Scope of Work (the "Design") within the time set forth in the
Schedule of Performance. Upon approval of the Design by the City, Developer shall cause the
Park Improvement Plans to be prepared and submitted to the City within the time set forth in the
Schedule of Performance. City shall use commercially reasonable efforts to expeditiously
process all approvals relating to the Park Improvement Plans and the Park Improvement Plans
shall conform to and not exceed the Scope of Work.
Section 2.2. Construction of Community Park. Developer shall solicit bids and
contract for construction of each Phase in accordance with the requirements of Exhibit "F"
hereto and within the time set forth in the Schedule of Performance. Upon Developer's receipt
of the bids for each Phase of the Community Park, Developer shall provide written notice to City
of the bid and bidder selected by Developer.
Section 2.3. Commencement and Completion of Construction of Community
Park. Construction of each Phase shall be commenced and completed within the time set forth
in the Schedule of Performance. As provided in the Schedule of Performance if building permits
for 500 or more dwelling units within the Maintenance CFD have been issued at the time
Developer is required to commence construction of the first Phase of the Community Park, City
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may elect by written notice to Developer to require Developer to construct both Phases at the
same time.
Section 2.4. Construction of PA 27A Park. Developer shall solicit bids and contract
for construction of the PA 27A Park in accordance with the requirements of Exhibit"F" hereto
and within the time set forth in the Schedule of Performance. Upon Developer's receipt of the
bids for the PA 27A Park, Developer shall provide written notice to City of the bid and bidder
selected by Developer.
Section 2.5. Commencement and Completion of PA 27A Park. Construction of the
PA 27A Park shall be commenced and completed within the time set forth in the Schedule of
Performance.
Section 2.6. Change Orders. Developer shall provide written notice to the City of any
proposed Change Orders and shall not approve any Change Order without City's written consent.
Developer shall not be required to approve any Change Order which would increase the Actual
Costs of the Community Park.
Section 2.7. CFD No. 2003-2. Nothing herein is intended to modify, amend or
otherwise limit Developer's right to reimbursement under the Acquisition Agreement.
Section 2.8. Acceptance of Parks; _Conveyance. City agrees to promptly accept
ownership of each Phase of the Community Park upon completion of the Community Park
Improvements for the Phase in accordance with the Park Improvement Plans. City agrees to
promptly accept ownership of the PA 27A Park upon completion of the PA 27A Park
Improvements in accordance with the Park Improvement Plans. The Community Park and
PA 27A Park shall be conveyed by way of a grant deed conveying good and marketable lien-free
title, excepting typical title exceptions related to utility easements and similar exception that will
not materially interfere with the use and enjoyment of the Community Park and PA 27A Park by
the public. No public use of a Phase of the Community Park shall be permitted until the City
accepts ownership of such Phase. No public use of the PA 27A Park shall be permitted until
City accepts ownership of the PA 27A Park.
ARTICLE III
PARK MAINTENANCE
Section 3.1. Formation of Maintenance CFD. Developer agrees to include its
undeveloped and unsold property within Specific Plan Planning Areas 1A, 1B, 2B, 2C, 2D, 21B,
24, 25, 28A, 28B, 28C, 31, 32, 36 and 37 and portions of Planning Areas 23, 29, 30A and 30B,
and Richmond agrees to include the Builder Property within a community facilities district
established by the City pursuant to the Mello-Roos Community Facilities Act of 1982 as
amended (the "Maintenance CFD") for the purpose of levying special taxes (the "Special
Taxes") for the maintenance of the Community Park, PA 27A Park and the Canyon Hills Habitat
Area and to maintain public street lighting within the Maintenance CFD. The Rate and Method
of Apportionment of Special Tax for the Maintenance CFD shall be as set forth in Exhibit"B"
attached hereto. Developer shall have no right to seek reimbursement of any Actual Cost or any
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other cost incurred by Developer from the Maintenance CFD other than reimbursement of
Community Park Maintenance Advances pursuant to Section 3.3 below.
Section 3.2. Maintenance Fund. Upon establishment of the Maintenance CFD, City
shall establish the Maintenance Fund consisting of an Advance Account and a Special Tax
Account. All Community Park Maintenance Advances made by Developer pursuant to
Section 3.3 below shall be deposited in the Advance Account. All Special Taxes received by the
City shall be deposited in the Special Tax Account. All investment earnings on funds in each
such Account shall be deposited in the Special Tax Account. The City shall pay all Maintenance
CFD Costs first from funds on deposit in the Special Tax Account. If and to the extent such
Maintenance CFD Costs cannot be fully funded from the Special Tax Account, City may fund
the amount of the shortfall from the Advance Account.
Section 3.3. Community Park Maintenance Advances. Upon City's acceptance of
each Phase of the Community Park and conveyance of the corresponding portion of the
Community Park Site pursuant to Section 2.8 above, Developer shall make a Community Park
Maintenance Advance in an amount equal to the City's reasonably estimated costs to maintain
the Community Park for a period of two (2) years from the date of acceptance. On or before the
first July 30 two years following Developer's Community Park Maintenance Advance for the
second Phase, City shall reimburse to Developer any remaining funds in the Advance Account
that is not required to pay Community Park maintenance costs in the current fiscal year;
provided, however, if the amount of Special Taxes authorized to be levied in the next fiscal year
is less than the amount of current, actual annual Maintenance CFD Costs, City shall not be
required to reimburse to Developer the current balance in the Advance Account. In that case,
City may continue to fund Community Park Maintenance Costs from the Advance Account as
provided above and shall only be required to reimburse Developer the remaining balance in the
Advance Account, if any, when the actual Special Taxes authorized to be levied in a fiscal year
equals or exceeds the actual annual Maintenance CFD Costs.
Section 3.4. Satisfaction of Park Conditions. Developer's execution and
performance of the terms of this First Amendment shall fully satisfy any and all Development
Approvals for the Project or existing or future conditions of approval for Canyon Hills relating to
the provision or maintenance of parks.
ARTICLE IV
FURTHER AMENDMENTS
Section 4.1. Section 3.7 of the Development Agreement is hereby amended to read:
"`Development Approval(s)' means the Specific Plan, General Plan
Amendment, and Conditions of Approval, as in effect on the date of this Agreement or as
amended by mutual consent of City and Developer."
Section 4.2. Section 3.11 of the Development Agreement is hereby amended to read:
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"`Project' means the development project, as set forth in the Specific
Plan."
Section 4.3. Section 3.13 of the Development Agreement is hereby amended to read:
"`Specific PIan' means the Cottonwood Hills Specific Plan (S.P. 88-1), as
amended by mutual consent of City and Developer."
Section 4.4. Section 6.1 of the Development Agreement entitled Effective Date and
Term is hereby amended to read:
"The term of this Agreement shall be until July 1, 2030. Said term
may be extended by the circumstances set forth in Sections 11 and
15."
Section 4.5. Section 6.2 of the Development Agreement entitled Scheduling is hereby
amended to provide that City, Developer and Richmond acknowledge the Project will be
completed within the term of this First Amendment.
Section 4.6. Section 8 of the Development Agreement entitled General Development of
the Project is hereby amended to add a new subsection 9.5,Map Extensions, as follows:
"8.5 Map Extensions. In accordance with the provisions of
Section 66452.6 of the California Government Code, tentative
subdivision map(s) or tentative parcel map(s), heretofore or
hereafter approved in connection with development of the Project,
shall be granted an extension of time for the term of the
Development Agreement or as provided by the California
Subdivision Map Act, which ever period is longer."
Section 4.7. Section 18 of the Development Agreement entitled Addresses for Notice is
hereby amended to remove Pardee Construction Company and replace it with Pardee Homes,
10880 Wilshire Blvd., Suite 1900, Los Angeles, CA 90024, Attn: President & CEO, and remove
Sandler and Rosen and replace it with O'Neil LLP, 19900 MacArthur Blvd., Suite 1050, Irvine,
CA 92612, Attn: Administrative Partner.
ARTICLE V
ADDITIONAL PROVISIONS
Section 5.1. Counter arts. 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.
Section 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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S Lcl
On lao10 before me, ENtAN
Date ffic
M Here Insert Name and Title of the Oer
personally appeared 11
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person( whose name(s)-is/axe subscribed to the
within instrument and acknowledged to me that
ire/sheMey executed the same in bis/her/their authorized
capacity0es), and that by his/her/their signature(* on the
instrument the person(&), or the entity upon behalf of
which the persons}acted, executed the instrument.
IQIW11 C.POIIClIE
Cow I certify under PENALTY OF PERJURY under the laws
Lour
ale"Pdk-C of the State of California that the foregoing paragraph is
14 true and correct.
WITNESS my hand and official seal.
Signatures r''� —
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ,�(( I - ` n
Title or Type of Document: Ve-C's6P 0Af o i ItG�(e e fte.ti be-tJ e L�kf L ,-V,4 orc= A/ rd t r
Document Date: /// C9a Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: P i 35cr Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer--Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91 31 3-2402•www.Nabonal Notaryorg Mem 85907 Reorder.Call Tofl-Free 1-BM876-6827
;8 LARRY W. WARD Recorder
COUNTY OF RIVERSIDE P.O.Box 751
Riverside,CA 92502-0751
_w ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
t
`b www.riversideacr_com
NOTARY CLARITY
i
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary: Dana C. Porche
Commission #: 1873840
Place of Execution: Riymide Counly
Date Commission Expires: 01/16/2014
Date: -�,(j��,
Signature: G'
Print Name: j,� p C phe
ACR 186P-AS4RE0(Rev.09/2006) Available in Alternate Formats
Amendment and the Original Development Agreement, the provisions of this First Amendment
shall control.
Section 5.3. Books and Records. The City Manager of the City shall have the right,
during normal business hours and upon the giving of two (2)business days prior written notice to
the Developer to review all books and records of the Developer pertaining to the Actual Costs
incurred by Developer for the Community Park and PA 27A Park. Developer shall have the
right, during normal business hours and upon the giving of two (2) business days prior written
notice to the City, to review all books and records of the City pertaining to the Maintenance
CFD.
Section 5.4. 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.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the
respective date set forth below.
Dated: January 12, 2010 "CITY
CITY OF LAKE ELSINORE, a California
municipal corporation
By: (f(
Melissa A. Melendez, Mayor
T'.
a bor h sen, rty Clerk
14
1k
APPk6VEDVAS TO FORM:
LEIBOLD McCLENDON & MANN,P.C.
-aBy:
bara Leibold, City Attorney
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"DEVELOPER"
PARDEE HOMES, a California corporation
By:
N e: J Lash
Title: Executive Vice President/COO
By: `�
Name: Anthony P. Dol im
Title: Senior Vice President
"RICHMOND"
RICHMOND. AMERICAN HOMES Of
MARYLAND, Inc., a Maryland corporation
By:
Name:
Title:
By:
Name:
Title:
I�
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"DEVELOPER"
I
PARDEE HOMES, a California corporation
By:
Name:- - ------
Title:
By:
Name:
Title:
"RICHMOND"
RICHMOND AMERICAN HOMES Of
MARYLAND, Inc., a Maryland corporation
By:
Name:
Title: v
'
By:
Name: Ls CAI
Title: yr. vt cc--r.vz-o s-'r`sdcw%ll
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STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On )(xn_ a7 , ZDw before me, )05 t 4 '701j(W a Notary Public,
personally appeared A. tb1)rA V, ), Los In , 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 JwAfiehhey executed the same in his�her/their
authorized capacity(ies), and that by 4i.% €r/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 of
Notary Public # 1688321�"'�'f
�s C�n�
Aug18,201
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
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.
Notary Public
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of r
On 19 before me, r ILL_.1�i11 r Padic
Date Here�nsert Name and Title of the Officer —'
personally appeared f]G� dQaJn Live
Name(s)of igner($)
who proved to me on the basis of satisfactory evidence to
be the person g whose names)Rare subscribed to the
within instrument and acknowledged to me that
h�eisNe/they executed the same in ki&+w/their authorized
capacity(es , and that b his�i-�er/their signatures on the
AN11IA M.WALTON instrument the persons , or the entity upon behalf of
Commission#1967566 which the person(&cted, executed the instrument.
Notary pubiIC-Ce111f0fr"
0 °Court S.2013 i certify under PENALTY OF PERJURY under the laws
Comm. tes Nov
of the State of California that the foregoing paragraph is
true and correct.
WITNESS and and fficial
Place Notary Seal Above Signatur Signature 1 Nota y Pubhc
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Yr? l
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
O Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402-www.NabonalNomry.org Item 45907 Reorder:Call Toll-Free 1-800-876-6B27
EXHIBIT A
LEGAL DESCRIPTION OF DEVELOPER PROPERTY j
i
LEGAL DESCRIPTION OF PA 2113/24 PROPERTY
LEGAL DESCRIPTION OF BUILDER PROPERTY
I;
I
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EXHIBIT "AN SHEET 1 OF 3
(LEGAL DESCRIPTION)
In the Clty of Lake Elsinore, County of Riverside, State of California
(AEI record references are Official Records, Riverside County, California)
-DEVELQPF,R PRgPERTY-
PLANNING AREA 28
1. Lots 323-339:Tr,30494-3.M.B.423/5-8,Recorded 6126/07 as Inst#20 07-04 20 83 5,O.R.
2. Lots 428-434:Tr.30494-0, M.B.42315.6,Recorded 6/28W as Inst.#2007-0420835.O.R
3. Lots 347-424:(See Breakdown below)
3.1.Lots 347-352&405-424:Tr.30494-0,M.B.423/15-18, Recorded 62&107 as
Inst#2007-0420837,O.R
3.2.Lots 353-383 t3 391404:Tr.30494-7,M.B.426M-5,Recorded 1024107 as II'
Inst#2007-0654771,O.R. i
PLANNING AREA 30A
1. Lots 172-188:Tr.30494-1,M.B.414/11-15, Recorded 1221/06 as Inst#2006-0932498,O.R i
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2.Lot's 158-163:Tr.30494-1, M.B.414111-15,Recorded 1221/06 as Inst#2006-0932498,O.R.
3.Lots 198-206:Tr.30494-1. M.B.414/11-15,Recorded 12/21/Oe as test#2008-0932498, O.R.
4. Lost 209.311: (See Breakdown below)
4.1.Lots 209,310&311:Tr. 30494-1,M.B.414/11-15,Recorded 12/21/06 as
Inst#2006-0932498,O.R.
4.2. Lots 210-243,267-273 &298-309:Tr, 30494-8,M.B.426/6-11,Recorded I(Y24/07 as
lint#2007-0654772,O.R.
4.3.Lots 244-266&274-297:Tr.30494,M.S.426/12-16, Recorded 1024/07 as 4
Inst#2007-0654773,O.R.
5. Lots 435-439:Tr.30494-1,M.B. 414/11-15,Recorded 12/21f06 as Inst.#2006-0932498.O.R.
PLANNING AREA 30B
1. Lots 136-146:Tr.30494-2,M.B_414126-31,Recorded 12/21/06 as Inst.#r 2006-0932499,O.R.
2. Lots 7-128:(See Breakdown below)
2.1. Lots 7-23&125-128:Tr.30494-2,M.B.414/26-31,Recorded 1221/08 as
InsL#2I706-0932499,O.R.
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SHEET 2 OF 3
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22 Lots 24-80&111-124:Tr.30494-6,M.B.425/98-101, Recorded 10124107 as
Inst.#2007-0654770,O.R.
2.3.Lots 61-110:Tr.30494.4,M.B.42319-14,Recorded 06/28147 as Inst.#2007-0420836,O.R.
3.Lots 151-153:Tr.30494-Z M.B.414126-31,Recorded 12/21/06 as Inst.#2006-0932499,O.R.
PHASE 6
1.Lots 409,410&'SS',Tract No.30493-1,M.B.370162-72,Recorded 12/23/04 as
(nat.#2004-1016485,O.R.
Excepting therefrom that portion east of the following described line:
Beginning at the most easterly caner of Lot'SS'.Tract No. 30493-1;thence along the southerly One of
said Lot 'SS', South B41129'46"West 189.40 feet thence leaving said southerly line, South 050W'51'
East 1 la.81 feet to a tangent curve concave westerly having a radius of 11261.00 feet;thanes southerly
50.44 feet along sald-curve through a central angle of 2.1T31" to the beginning of a reverse curve
concave easterly having a radius of 1239.00 filet, thence northwesterly 49.56 feet along said curve
through a central angle of 2117'31"to the beginning of a compound curve corwzve northeasterly having
a radius of 906.00 feet; thence norMwvesterty 177.26 feet along said curve through a central angle of
11'1735"to the beginning of a compound curve concave northeasterly having a radius of 467.00 feet;
thence northerly 386.94 feet along said curve through a central angle of 4mT06%thence tangent from
said curve, South 64'02'34"East 233.63 feet; thence South 25'57'26'West 66.00 feet; thence South
64'O2'34'East 39.19 feet to the beginning of a tangent curve concave southvmterly having a radius of
567.00 feet; thence southeasterly 363 57 feet along said curve through a central angle of 3'41'450;
thence non-tangent from said curve South 1010150 East 1042.33 feet to an angle point in the northerly
line of IGt 410,of said Tract No.30493-1.sald point being the westerly terminus of that course,'North
8M'06"East 1800.00 feet".
Also excepting therefrom that land described in a Grant Deed dedicated to the Menifee Union School
District recorded 10/301M as Inst.#2009-0563806,O.R,
2.Lots 384 through 390,inclusive,and Lots'JJ'and'AAA',Tract No.30494-7,M.B.42811-5,
Recorded 10124107 as InsL#2007-0654771,O.R.
PHASE 7
1.Lots 408,409$410 Tract No.30493-1. M.B.370/62,72,Recorded 12123104 as
Inst 02004-1018485,O.R.
Excepting therefrom that portion west of the following described line:
Beginning at the most easterly comer of Lot'SS',Tract No. 30493-1:thence along the southerly line of
said Lot 'SS', South 84029'46'West 189.40 feet; thence leaving said southerly line, South 050OS'51'
East 11911 feet to a tangent curve concave westerly having a radius of 1261.00 feet,thence southerly
50.44 feet along said curve through a central angle of 211T31" to the beginning of a reverse crave
concave easterly having a radius on 1239.00 feet; thence northwasferty 49.56 feet along said curve
through a central angle of2'1T31"to the beginning of a compound curve concave northeasterly having
a radius of W8.00 feet; thence nortttwesterty 177.25 feet along sold curve through a central angle of
11*12'35'to the beginning of a compound curve concave northeasterly having a radius of 467.00 feet;
[MALD 291]
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SHEET 3 OF 3
thence northerty 388.94 feet along said curve through a central ang le of 47°43'08";thence tangent from
t 23&63 feet
e South
58700 feet; thence curve. South "seal:to he�3nning of alone said curve co cave ou ffma6.00 fast: thence South
64°02'34"East 39.19 feet to the Inns of a tangent curve concave souttmesterly having a radius of
g through a central angle of 3'41'45";
thence non-tangent from said curve South 1"10'35"East 1042.33 feet to an angle point In the northerly
Me of Lot 410, of sald Tract No. 30493-1, sold point being the westerty terminus of that course, 'North
8W55M"East 1 B00.00 feet'.
2. The Northwest quarter of the Northwest quarter, and the West half of the Southwest quarter of the
Northwest quarter of Section 8, Township 6 South, Range 3 West, San Bernardino Meridian, in the
County of RNerside.State of California.According to the OfFclal Plat Thereof.
Except rights-f-way of record,If any.
PHASE 8
Lots 1, 2&3 and Lettered Lots'A'8'B',Tract No.30496,M.S.367/17-25,Recorded 11/05/04 as
Inst.#20044)880093,0,11,
PA 36
Parcels 1 &2 of Lot tine Adjustrnent No.2008-04 recorded 6/24M as Inst.#U459373,O.R.
"BUILDER ERTY"
1. Lots 114-123 and 124-135,Tract No. 31706,M.B.385/46-51,Recorded 07/14/2005 as
Inst.#2005-0563689,O.R.
2. Lots 108-113, 136-143, 145-149, 179-196,246-249 and 254, Tract No, 31705-1.M.B.380/31-M,
Recorded 05J06/05 as Inst.#2005-0362294,O.R.
3.Lots 150-178,Tract No.31706-4,M.B,38417-11,Recorded 06/24MS as
Inst.#2005-05046046,O.R.
"PA 2 j @n4 PROPERTY"
1. Lots 199-222 and 303-321, Tract No.30493,M.B.391/19-21,Recorded 10113105 as
Inst.#2005-0847209,O.R.
2.Lots W102 and 326-357,Tract No.30493-6,M.S. 39118-10, Recorded 10/13105 as
Inst.#2005-0847205,O.R.
3. Lots 107& 108, 147-158, 188-198 and M-325,Tract No.30403-7, M.B.391/11-15,Recorded
10M3/05 as Inst.#2006-0847207, O.R.
4_ Lots 157-160 arrd170-179,Tract No. 30493-8, M.B.39111&18, Recorded 10/13105 as
Inst.#2005.0847208,O.R.
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EXHIBIT B
City of Lake Elsinore
Community Facilities District No. 2009-1
(Park,Open Space and Street Lighting Maintenance)
Rate and Method of Apportionment of Special Tax
Introduction
Special Taxes shall be annually levied on each Developed Single Family Unit and
Developed Multifamily Unit (as hereinafter defined) in City of Lake Elsinore Community
Facilities District No. 2009-1 (Park, Open Space and Street Lighting Maintenance) (the
"CFD No. 2009-1"), in accordance with the rate and method of apportionment of special taxes
hereinafter set forth. All of the property within CFD No. 2009-1 that is not a Developed Single
Family Unit or Developed Multifamily Unit shall be exempt from the Special Taxes of
CFD No. 2009-1.
Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5,Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any reasonably necessary or appropriate expenses
incurred in the administration of CFD No. 2009-1, including but not limited to the administrative
and legal costs of levying and collecting the Special Tax (including costs incurred in connection
with any appeals relating thereto and litigation expenses incurred in connection with the
collection of the Special Tax); and an allocable share of the salaries of the City staff providing
services on behalf of CFD No. 2009-1 directly related to the foregoing and a proportionate
amount of City general administrative overhead related thereto.
"Assessor's Parcel" means a parcel of land in CFD No. 2009-1 designated and assigned
a discrete identifying number on a map of the County Assessor of the County of Riverside.
"Canyon Hills Community .Park" means the community park constructed within
Planning Area 18 of the Canyon Hills Specific Plan area.
"Canyon Hills Habitat Area" means the public open space and wildlife habitat within
the Canyon Hills Specific Plan Area.
"CFD No. 2009-1" means Community Facilities District No. 2009-1 established by the
City under the Act.
"City"means the City of Lake Elsinore, California.
"Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2009-1.
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"Developed Multifamily Unit" means a residential dwelling unit within a building in
which each of the individual dwelling units has or shall have at least one common wall with
another dwelling unit and a building permit has been issued by the City for such dwelling unit on
or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Developed Single Family Unit" means a residential dwelling unit other than a
Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued
by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being
levied.
"Fiscal Year" means the period beginning on July 1 and ending on the following
June 30.
"Maximum Special Taal" means the maximum Special Tax that can be levied by
CFD No. 2009-1 in any Fiscal Year on any Assessor's Parcel.
"PA 27A Park" means the neighborhood park constructed within Planning Area 27A of
the Canyon Hills Specific Plan Area.
"Special Tax" means any of the special taxes authorized to be levied within
CFD No. 2009-1 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount determined in any Fiscal Year for
CFD No. 2009-1 equal to (i)the budgeted costs directly related to the maintenance of the
Canyon Hills Community Park, the PA 27A Park, the Canyon Hills Habitat Area and the Street
Lighting, including repair and replacement of components of the Canyon Hills Community Park,
the PA 27A Park, the Canyon Hills Habitat Area and the Street Lighting, which have been
accepted and maintained or are reasonably expected to be accepted and maintained during the
current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes
based on the delinquency rate in CFD No. 2009-1 for the previous Fiscal Year.
"Street Lighting"means the public street lights constructed within the boundary of CFD
No. 2009-1.
"Unit" means each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Special Tax
Commencing Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Maximum Special Tax on all Assessor's Parcels defined as a Developed
Single Family Unit or Developed Multifamily Unit.
The Maximum Special Tax for Fiscal Year 2010-2011 shall be $330.73 per Developed
Single Family Unit and$165.37 per Developed Multifamily Unit.
On each July 1, commencing July 1, 2011, the Maximum Special Tax shall be increased
by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
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Duration of the Special Tax
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless
no longer required as determined at the.sole discretion of the City Council.
Collection of the Special Tax
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2009-1 may collect the Special Tax
at a different time or in a different manner if necessary to meet its funding requirements.
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EXHIBIT C-2
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PA 27A PARK CONCEPTUAL PLAN
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EXHIBIT D
COMMUNITY PARK
SCHEDULE OF PERFORMANCE
1. Design. Developer shall have first December 1, 2009
submitted conceptual plans for the
Design of the Community Park for
consideration by the City.
2. City approval or disapproval of Within 30 days of submission by
Desio. City shall approve or Developer.
disapprove of the Design. In the
event of disapproval, City shall
provide a reasonable explanation of
the grounds for disapproval.
3. Resubmission of Design following Within 30 days of notice of disapproval
disapproval. Developer shall and explanation of grounds for'
resubmit the Design to the City. disapproval.
4. City approval or disapproval_of Park Within 30 days of submission by
Improvement Plans. City shall Developer.
approve or disapprove of the Park
Improvement Plans.
5. Resubmission of Park Improvement Within 30 days of submission by
Plans. City shall approve or Developer.
disapprove of the Park Improvements
Plans. In the event of disapproval,
City shall provide a reasonable
explanation of the grounds for
disapproval.
b. Commencement of first Phase of The earlier of (1) the issuance of a
Construction. Developer shall have building permit for the 80`s dwelling
commenced construction of the first unit issued within the Maintenance
Phase of the Community Park. CFD, or (2) January 10, 2012; provided
however, Developer shall not be
required to commence construction of
the Community Park Improvements
under either (1) or (2) until at least 120
days has elapsed following the City's
approval of the Park Improvement
Plans,
7. Completion of the first Phase of the Within 15 months of the commencement
Community Park, Improvements. of construction.
Developer shall have completed the
first Phase of the Community Park
Improvements.
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8. Commencement of second Phase of The earlier of (1) the issuance of a
Construction. Developer shall have building permit for the 500d' dwelling
commenced construction of the unit within the Maintenance CFD or
second Phase of the Community (2) within 24 months following the
Park, completion of the first Phase of
construction.
4. Completion of second Phase of Within 12 months of the commencement
Construction. Developer shall have of construction.
completed the second Phase of the
Community Park.
PA 27A PARK
SCHEDULE OF PERFORMANCE
1. Design. Developer shall have first Approval of first final subdivision map
submitted conceptual plans for the for PA 28A.
Design of the PA 27A Park for
consideration by the City.
j 2. City approval or disapproval_ of Within 30 days of submission by
Design. City shall approve or Developer.
disapprove of the Design. In the
event of disapproval, City shall
provide a reasonable explanation of
the grounds for disapproval.
3. Resubmission of Design following Within 30 days of notice of disapproval
disapproval. Developer shall and explanation of grounds for
resubmit the Design to the City. disapproval.
5. City approval or disapproval of Park Within 30 days of submission by
Improvement_ Plans. City shall Developer.
approve or disapprove of the Park
Improvement Plans.
6. Resubmission of Park Improvement Within 30 days of submission by
Plans. City shall approve or Developer.
disapprove of the Park Improvements
Plans. In the event of disapproval,
City shall provide a reasonable
explanation of the grounds for
disapproval.
7. Commencement of Construction. The issuance of a building permit for the
Developer shall have commenced first production dwelling unit within
construction of the first Phase of the PA 28A, the immediately adjacent
PA 27A Park. Planning Area.
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EXHIBIT E
COMMUNITY PARK
SCOPE OF WORK''
Phase I Major Park Elements
1. (2) Soccer fields (190'x 270')
(a) (4)portable goal stands
2. (1) Restroom/storage facility with snack bar for sports leagues
3. (1)Basketball court
4. (1)Preschool and Elementary age playground with shade canopy
(a) rubberized resilient surface
5. Parking lot(s) with at least 120 spaces
6. (4) Interpretive signs along creek and wildlife corridor
(a) sign standard substantially similar to City Downtown Riverwalk Project
7. Walking path to wildlife corridor and Cottonwood Creek
(a) AC paving (3" thick), if permitted by regulatory permits, or 3" compacted DG
8. Park monument entry signage per City Identify Standards Guide
9. Water spray play area(minimum 7500 square feet)
(a) substantially similar to water spray features at Sigler Park, City of Westminster,
CA
10. Dog play area
11. (2) Group shade structures (substantially similar to Model Poligon #SQR30 by Porter
Corp., Holland, MI)
12. (10) Single shade structures (substantially similar to Model Poligon #SQR16 by Porter
Corp. Holland, MI)
1' The major park elements, specification levels and materials shall be substantially similar to the Rosetta
Canyon Park standards,specification levels and materials,unless otherwise specified herein.
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13. Top soil
(a) Import 12" deep Class A material for all fields with turf
14. Amenities (substantially similar to Quick Crete Products Corp. products)
(a) (40) Benches
(b) (22)Picnic tables
(c) (12)BBQs
(d) (25) Waste containers
(e) (4) Hot ash containers
Phase II Major Park Elements
15. (2) Little League fields/softball fields (250')
(a) (4)Bleachers
(b) Chain-link fenced back-stops
16. (1) Restroom facility
17. Parking lot(s) with at least 55 spaces
18. (1)Amphitheater
PA 27A PARK
SCOPE OF WORK'
PA 27A Major Park Elements
1. (1) Little League/softball field (180')
2. (1) Soccer field (190'x 270')
3. (1)Restroom facility
4. (1)Basketball court
2' The specification levels and materials shall be substantially similar to the Canyon Hills PA
neighborhood park,unless otherwise specified herein.
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5. (1) Preschool and Elementary age playground with shade canopy (substantially similar to
Model Poligon#SQR30 by Porter Corp., Holland, MI)
(a) rubberized resilient surface
6. (4) Single shade structures (substantially similar to Model Poligon #SQR16 by Porter
Corp. Holland, MI)
7. Parking lot(s) with at least 51 spaces
8. Top soil
(a) Import 12" deep Class A material for all fields with turf
9. Amenities (substantially similar to Quick Crete Products Corp. products)
(a) (6)Benches
(b) (4)Picnic tables
(c) (4) BBQs
(d) (4) Waste containers
(e) (1)Hot ash container
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EXHIBIT F
BIDDING AND CONTRACTING REQUIREMENTS
1. Bids shall be solicited :from at least three (3) qualified contractors, provided at
least three (3) qualified contractors are-.reasonably available. Developer may directly solicit bids.
2. The bidding response time shall be not less than ten(10) working days.
3. An authorized representative of the City shall be provided a copy of the tabulation
of bid results.
j 4. Contractor(s) for the construction of the Community Park and PA 27A Park shall
be awarded to the qualified contractor(s) submitting the lowest responsible bid(s), as determined
by the Developer.
5. The contractor to whom a contract is awarded shall be required to pay not less
than the prevailing rates of wages pursuant to Labor Code Sections 1770, 1773 and 1773.1.
A current copy of applicable wage rates shall be on file in the Office of the City Engineer, as
j required by Labor Code Section 1773.2.
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