Loading...
HomeMy WebLinkAboutPardee Homes _ Cottonwodd Canyon Development Agreement Canyon Hills Amendment No. 1 01-12-2010 Doc 2010-0078164 Recorded 02-19-2010 DOC # 2010-0078164 �A 02/19/2010 08:00A Fee:NC F, qD Page 1 of 31 Recorded in Official Records County of Riverside RE �D Larry W. Ward Ml� Recording Requested By and C Assessor, County Clerk & Recorder When Recorded Return t S OFFICE 1111111111111111111111111111111111111111111111111111111 City Clerk S R U PAGE SIZE DA MISC LONG RFD COPY City of Lake Elsinore I 130 South Main Street - EXAM Lake Elsinore, CA 92530 M A L 465 426 PCOR NCOR SMF NCH T: CTY Fee Exempt - Gov't Code §6103 (Space above for Recorder's Use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE HOMES, SUCCESSOR-IN-INTEREST TO PARDEE-GROSSMAN/COTTONWOOD CANYON,ET AL. Approved January 12,2010 Ordinance No. I z r16 Chapter 19.12 Municipal Code Canyon Hills 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 2113/24 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 III.B 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 1/6/10 4000.2 H&O:#77259 v8 1 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 and Developer have entered into that certain Funding, Construction and Acquisition Agreement 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. I. 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. 1/6/10 4000.2 H&O:#77259 v8 2 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. 1 2.70 , 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: "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 CID 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 CID 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. 1/6/10 4000.2 H&O:#77259 v8 3 "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. 1/6/10 4000.2 H&O:#77259 A 4 "PA 27A Park Improvements" means the improvements to the PA 27A Park site consistent with the Design and Park Improvement Plans. "PA 2111/24 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." "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 CID have been issued at the time Developer is required to commence construction of the first Phase of the Community Park, City 1/6/10 4000.2 H&O:#77259 v8 5 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 1/6/10 4000.2 H&O:#77259 v8 6 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: 1/6/10 4000.2 H&O:#77259 v8 7 66'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 Plan' 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 8.5,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. 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. 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 1/6/10 4000.2 H&O:#77259 v8 8 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: . Melissa A. Melendez, Mayor ATTEST: • r ` B : ' r ebora h msen, 1ty Clerk APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN,P.C. By: ti�'. ��"-&e rbara Leib�ild, City Attorney 1/6/10 4000.2 H&O:#77259 v8 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CC'£'`�Gf.+C(3G�'+G�;c.�rts�"ES'a�`.CS" -.c�`.,C�'�-�f'�-'�7S^±titirt�.tt`.-.t-.�..nr,{x.C":�^r±.c'��-^.r-c�-.><-C,G('� �,n�„-•..Laa�•x-t7til:��"�iS°�'�i`'-� '.'�'� .`�E State of California County of ��e� SLci On !>il PN N C . �C)rO)�e , t)pVac,,k tool I fal a before me, C. [late Here lnsert Name and T Ile of fhe Officer personally appeared M t\ISSN M-e_\,e N+c t g who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s}is/a*e subscribed to the within instrument and acknowledged to me that he/sheAhW executed the same in bWherft4oir authorized capacity(ieisr), and that by Masher/their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(}acted, executed the instrument. bf1111A C.FO E -��p 1 certify under PENALTY OF PERJURY under the laws AmwrFrMo-CMN00 of the State of California that the foregoing paragraph is �4► 4 true and correct. WITNESS my hand and official seal. Signature_ 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 j.,� I _ 1� Title or Type of Document: VCJ,30Mf�* i�#Ct+f`C lVte�t be+W e,&4 �Akt L—"l4•�f arc y� P4rc t r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:/, 2 i s c, A.Mp Ieoic(e z Signer's Narne- ❑ 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: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91 31 3-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 LARRY W. WARD Recorder P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 m= www riversideacr com NOTARY CLARITY 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: Riverside aunt Date Commission Expires: 01/16/2014 Date: Signature: Print Name; � C. ACR 186P-AS4RE0(Rev 09/2006) Available in Alternate Formats "DEVELOPER" PARDEE HOMES, a California corporation By: _ Nq ze: 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: 1/6/10 4000.2 H&0:#77259 v8 10 "DEVELOPER" PARDEE HOMES, a California corporation By: Name: Title: By: Name: Title: "RICHMOND" RICHMOND AMERICAN HOMES Of MARYLAND, Inc., a Maryland corporation By: Name: Title: ` By: Name: ,,v- c,F- Title: ac-ws-rim 1/6/10 4000.2 H&O:#77259 v8 10 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On )cxh. 20 , zOl y , before me, e 70 ✓ a Notary Public, personally appeared /,). , la , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ors/are subscribed to the within instrument, and acknowledged to me that the/they executed the same in hWher/their authorized capacity(ies), and that by hi&A<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 J08E I. TOB-AR 'j � 1689321 Notary Public Nk'y F4dft-California Lao LowCa"W"*.6068A.,�County s,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 1/6/10 4000.2 H&O:#77259 v8 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On )10 - Date before me, r_]+ Horer� `serI"nla ndTl[e af' Me Orfk:e�� �' personally appeared Name(s) } ni who proved to me on the basis of satisfactory evidence to be the person whose name&Zare subscribed to the within instrument and acknowledged to me that lelthey executed the same in hkli�hffltheir authorized capacity o, and that b their signatures on the ANNA M.WALTON instrument the person+, or the entity upon behalf of comngsSion 0 1667566 which the person()acted, executed the instrument. Notary Public-Callfarnin Orange Gflurrty cow. Nov 5,Z013 1 certify under PENALTY OF PERJURY under the laws Mv res of the State of California that the foregoing paragraph is true and correct. WITNESS and and fficial Signatur Place Notary Seal Above Siynatura !Nola y t'ubl 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: -I 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 • ElTrustee Top of thumb here ElTrustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ----------------------- =- ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER PROPERTY LEGAL DESCRIPTION OF PA 21B/24 PROPERTY LEGAL DESCRIPTION OF BUILDER PROPERTY 1/6/10 4000.2 H&O:#77259 v8 A-1 EXHIBIT "Aw SHEET 1 OF 3 (LEGAL DESCRIPTION) In the City of Lake Elsinore, County of Riverside,State of California (All record references are Official Records, Riverside County, California) "DEVELOPER PROPERTY" PLANNING AREA 29 1. Lots 323-339.Tr.30494-3,M.B.4231M,Recorded 6/28/07 as Inst.#2007-0420835,O.R. 2. Lots 428-434:Tr.30494-3,M.B.423/5-8,Recorded 6128/07 as Inst.#2007-0420835,O.R. 3. Lots 347.424:(Sea Breakdown below) 3.1.Lots 347-352&405424:Tr,30494-5,M.B.423/15-18,Recorded 6/28/07 as Inst.#2007-0420837,O.R. 3.2.Lots 353-383&391-404.,Tr.30404-7,M.B.426M-0,Recorded 10/24/07 as Inst.#2007-0654771,O.R. PLANNING AREA"A 1.Lots 172-188:Tr.30404-1,M.B.414/11-15, Recorded 12/21/06 as Inst.#2006-0932498,O.R. 2. Lots 158-163:Tr.30494-1. M.B.414/11-15,Recorded 12/21/06 as Inst #2006-0932498,O.R. 3.Lots 198-206:Tr.30494-1, M.B.414/11-15,Recorded 12121/06 as Inst.#2006-0932496,O.R. 4. Lost 20"11,(See Breakdown below) 4.1.Lots 200,310&311:Tr.30494-1,M.B.414M 1-15,Recorded 12121106 as Inst.#2006-0932498,O.R. 4.2. Lots 210-243,267-273&298-309:Tr.30494-8, M.B.42516-11,Recorded 10/24/07 as Inst.#2007-0654772,O.R. 4.3.Lots 244-266&274-297:Tr.30484,M.B.426112-16, Recorded 10/24/07 as Inst.#2007-0654773,O.R. 5. Lots 435-439:Tr.30494-1, M.B.414/11-15,Recorded 12/21/06 as Inst.#2006.4832498,O.R. PLANNING AREA 30B 1. Lots 136-146:Tr.30494-2, M.B.414126-31,Recorded 1212V06 as Inst.#2006-0932499,O.R. 2. Lots 7-128:(See Breakdown below) 2.1.Lots 7-23&125-128:Tr. 30494-2,M.B.414126-31,Recorded 12121106 as Inst.#2006-0932499,O.R. (MALD-281] 1/6/10 4000.2 H&O:#77259 A A-2 SHEET 2 OF 3 2.2 Lots 24-00&111-124:Tr.30494-6,M.B.425/98-101,Recorded 10/24/07 as Inst.#2007-0654770,O.R. 2.3.Lots 61-110:Tr.304W 4,M.B.42319-14,Recorded 06128/07 as Inst#2007-0420836,O.R. 3.Lots 151-153:Tr.30494-2,M.B.414/26-31,Recorded 12/21/06 as Inst.#200"932499,O.R. PHASE 6 1.Lots 409,410&'SS',Tract No.30493-1,M.B,370162-72,Recorded 12123/04 as Inst,#2004-1018485,O,R, Excepting therefrom that portion east 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 84°2946"West 189A0 feet; thence leaving said southerly line, South OM'51" East 119.61 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 201T31" to the beginning of a reverse curve concave easterly having a radius of 1239.00 feet; thence norOwmterly 49.56 feet along said curve through a central angle of 2"17'31"to the beginning of a compound curve concave northeasterly having a radius of 906.00 feet; thence northwesterly 177.26 feet along said curve through a central angle of 11.12350 to the beginning of a compound curve concave northeasterly having a radius of 467.00 feet; thence northerly 38a.94 feet along said curve through a central angle of 47.4Y0fi";thence tangent from said curve, South 64"02'34" East 233.63 feet;thence South 25'57'26"West 66.00 feet; thence South 64602 W East 39.19 feet to the beginning of a tangent curve concave southwesterly having a radius of 567,00 feet thence southeasterly 36.57 feet along said curve through a central angle of 30411451; thence non-tangent from said curve South 1°10'35"East 1042.33 feet to an angle point in the northerly line of Lot 410,of said Tract No.30493-1,said point being the westerly terminus of that course,uNorth 89655'06"East 1800.00 feet". Also excepting therefrom that land described in a Grant deed dedicated to the Menlfee Union 5choel District recorded 10/30/09 as Inst.#2009.0563806,O.R. 2.Lots 364 through 390,inclusive.and Lots'JJ'and'AAA',Tract No.30494-7,M.B.42611-5, Recorded 10/24107 as Inst#2007-0654771,0,11. PHASE 7 1. Lots 408,409 at,410 Tract No.30493-1,M.B.370/62-72,Recorded 12/23/04 as Inst#2004-1018485,O.R. Excepting therefrom that portion west of the following described One: Beginning at the most easterly comer of Lot'SS',Tract No. 30493-1;thence along the southerly line of said Lot 'SS', South 6402946" West 189.40 feet; thence leaving said southerly line, South 05006'51" East 119,61 feet to a tangent curve concave westerly having a radius of 1281.00 feet;thence southerly 50.44 feet along said crave through a central angle of 2017'31" to the beginning of a reverse curve concave easterly having a radius of 1239.00 feet; thence northwesterly 49.56 feet along said curve through a central angle of 2.17'31"to the beginning of a compound curve concave northeasterly having a radius of 908.00 feet; thence northwesterly 177.26 feet along said 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] 1/6/10 4000.2 H&O:#77259 A A-3 SHEET 3 OF 3 thence northerly 388.94 feet along said curve through a central angle of 47"43'08";thence tangent from said curve, South OVUM" East 233.63 feet;thence South 25*67'26"West 66.00 That thence South 64002'34"East 39.19 feet to the beginning of a tangent curve concave southwesterly having a radlus of 567.00 feel; thence southeasterly 36.57 feet along said curve through a central angle of r41'45"; thence non-tangent from said curve South 1*10'35"East 1042.33 feet to an angle point In the northerly One of Lot 410,of said Tract No, 30493-1,said point baing the westerty terminus of that course,"North W55W"East 1800.00 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 Riverside,State of California,According to the official Plat Thereof. Except tights-of-way of record,If any. PHASE8 Lots 1,2&3 and Lettered Lots'A'&'13',Tract No.30496,M.B.367/17-26,Recorded 11/05/04 as Inst#2004-OMM93,O.R. PA 36 Parcels 1 &2 of Lot Line Adjustment No.2006-04 recorded 6/24/06 as Inst.#0459373,O.R. "BUILDER PROPERTY" 1. Lots 114-123 and 124-135,Tract No.31706,M.B. 385/46-51,Recorded 07/14/2005 as Inst#2005-05636,89,O.R. 2. Lots 108-113, 136-143, 145-149, 179-196,246-249 and 264, Tract No,31706-1,M.B.380131-39, Recorded 05/06/05 as Inst.#2005-0362294.O.R. 3.Lots 150-178,Tract No.317064,M.B.384/7-11,Recorded 06/24/05 as Inst#2005-05046046,O.R. "PA 21BI24 PROPERTY" 1. Lots 199-222 and 303-321,Tract No.30493,M.B. 391119-21, Recorded 10/13105 as Inst.#2005-0847209,O.R. 2.Lots 86-102 and 326-357,Tract No.30493-6,M.S.391/8-10,Recorded 10/13105 as Inst.#2005-0847206,O.R. 3.Lots 107&108, 147-188,188-198 and 322-325,Tract No.30403-7,M.B.391/11-15,Recorded 10/13/05 as Inst.#20M5-0847207,O.R. 4. Lots 157-160 and170-179,Tract No.30493-8, M.S. 391/16-18, Recorded 10/13/05 as Inst.#2005-0947208,O.R. [MALD-291] 1/6/10 4000.2 H&O:#77259 v8 A-4 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. 1/6/10 4000.2 H&O:#77259 v8 B-1 "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 Tax" 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. 1/6/10 4000.2 H&O:#77259 A B-2 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. 1/6/10 4000.2 H&o;#77259 v8 B-3 X z O0 C C 0 0 O X z z0 z r Gam} O X C am Z D G] O o © D � ISO) 0 � X M0 Y z 4 D O � r o m cn T z _ a � � o m cz c� i{ Uj cz m 0 _ m w Z O z — 'C OD _ O o X Z -_ Y� Z > I � L C rn I - I o _ O D � z a D 00 r C Xg r p � r mn � w r - — WO —zi °c it r r � G) r �' 7o, Z — MO N Dm cn ' z 11 ! voca 1 -n r f R T O �gi rtNl w.. •I � � o v N V3 Ned ivnid3ONOO NHYd AJLINnwwo3 SIIIH NOANV3 s11VIDOS3VVI NN3A I f ,M, For, ®YON slZl4d NOANVO --- - r S3HOtl L'BL:S11WIl NHtld-' �`�r,, jam`'+„tea sawaNV15 A1IO bad:1N3WRNOW/3tlNDIS Mtltld dp f 14P dAl-DO N0313HONOD 301M.0 11V81 ONINIVM 31IW 1 —"� -'.A? _ S33a130VHS'S3HON3S'SNIVM J ' til' l,. •:' daw 55313HIR03H IN 1VH1 SVId AO1dW3 dAl-3dVOSONVI DNIWHSNOOH3iVM MOl ) �I :91 At a3GV4V3aiS Aaa V3HV DSH I O NOZd MAG115NYa tlK ApY1Md _ Y 4 S30V IIV:V3111V AVId S.N3Ha1IHD 9311R10HH1500VFI8— ) Il 7+ _ \. SV3VVAV1d DDO Wf1WINIW'S31SV1 OINDId ZZ .I '63HONBS OP 93DV Iltl -- 'DNIltl3'30VHS'DNI1tl3S -1TI813NSVB 'SWOOHI83H'AVld UBIVM;VZVId SIHOdS--'- S3DR13n1 sJOVI M, - m (lapel.,V—10 d-P.ZL PW.1) L'1 .OLZ-.M:90131d H3000S(Z) V3 S1HOIldn 30V1IOA 3NIl(Z)31tl00WWODOV - - 01 S31VHD 13315'13A31 30VdtlRS HSINIA - _ IV S3ItlND 33H113315/M 39381 VZVld -- _'IL Htle XOtlNS/ONIOII083E)"O1S I SWOOHIS321 ;fl 'l 93HR10f1N1S 30VHS dROHO(Z) - _ ❑ —-- 0 EMMA 00 M16w MISV®NO11V`,.i11IW .w ON193%3 AVId 83iVM/NIV1NROd _ d,4. - YtlOd&'X;[Y6 NNIt NIYFIO "y�i'l ONlaIln9 3DVNOIS/SWOOH1S3tl fIRIM1nWV�t3'�P.L4 Mdwq _ f LSG-SQl3ti gIILlI T % 311DV31311L7(t)' dAL-983HOV319(4) 33i1flk0f1Tll630VFFS 310d OVId 1 r _ �+ n •- S30tl lltl�tl3Htl y s Avid VIN311011113 S3tlf11ORH1S 3atlHS SWOM111538 r V38V dn-WtltlM I ONIOVIS- - ONIAtld OV _J- / V9WSMlVMV/L31VSH1IHdWV- 'MIH1.R 'fIVH.l 3T%ILVN� lIVH13HR1tlN 01 AVM31tlD 8 aDOM038 d0310>1I0 WRWINIVY M mOOIHH003dnow 4 _ --- X33l10 DNOIV 30VNDIS 3AlItIWI3AN1 SNVId 03AOtlddV 339:1HVd V ION - NOIIVDINHI dW31/M033SOHOAHV3dV3dO1S N33HO a00MNO1100 NI SMVM1 - DNISIX3 0I)W 1VI1N310d' EXHIBIT C-1 COMMUNITY PARK SITE AND CONCEPTUAL PLAN (INCLUDING PHASES) - rruaar.mrraA`mm�s row Ala�el'a�orcwralowa.Tw �_. w*e.nw�rt r.anr now otirt wrAwlmaarrra,�aAr arrauzwrrror��W llwRM oraaa.wa..c<»n wTewarmwnwsrMna - ry,rrAra rl.�a.rTwc rreiwnuswASA 6 Ac►aN.0 � rrorwerfw.�ue� 1� � +ti _.._ - _...—_-_-- __......_._. .�..• .ram w�"` - T �oNwrx+rur AIwA Au.Am 1 RWrut ur,I.I.eAila. plrLraw-T1T fl.rrtC+r/Cr ApyW� MgRW0 #y ppa�o*ru�a�w —awnrrr7rww.rrrarrrac rusaworra,nl wl IIAGSUW NMtloAr -.. �-.wwwwwuMo•u�UMIL a�awarnto S t k-- `� AccorASAnpla�vnTAu uyn.n iA, wMur ^.rrn.t�.ur�c via.Tq/W,wrinoowa �' M�ifWl AIL�M PLWAA _—NY.l RltllCT4.+9I3 4� AM:ALL RAY e Awn:AUAau —P_.aww�aa�rww OwrA0A1M sIM� 43RY S7REMIbED ti� �±,� R4� Inver.,tarcrAnr.ArrarlAnorc+re.+`rs warsGm*m.MihT+ rvAft r m ,'. - sewc�a.r'�rrrcanAsxr-tsr urrstAtnrra --rwar Wlrlt WAOW mft f ` � t1 -� -�---= o 1 y � � awsgpcatea uia.cr+.no,.n..wnwr CANYON HILLS COMMUNITY PARK CONCEPTUAL PLAN Cal 1/6/10 4000.2 H&O:#77259 v8 C-1-1 EXHIBIT C-2 PA 27A PARK CONCEPTUAL PLAN 0 : -Lj 1 1 CL a:r2 Lu CL L F' g 04 Ilu a 1/6/10 4000.2 H&O:#77259 A C-2-1 EXHIBIT D COMMUNITY PARK SCHEDULE OF PERFORMANCE 1. Desi n. 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 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. 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. 6. Commencement (-)t' first Phase of The earlier of (1) the issuance of a Construction. Developer shall have building permit for the 80a' 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. 1/6/10 4000.2 H&O:#77259 v8 D-1 8. Commencement of second Phase of The earlier of (1) the issuance of a Construction. Developer shall have building permit for the 5001h 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. 9. 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. 2. City approval or disapproval of Within 30 days of submission by Desi n. 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. T 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. 1/6/10 4000.2 H&O:#77259 v8 D-2 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. 1/6/10 4000.2 H&O:#77259 v8 E-1 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 2' 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. 1/6/10 4000.2 H&O:#77259 v8 E-2 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 S. 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 1/6/10 4000.2 H&O:#77259 v8 E-3 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. 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 required by Labor Code Section 1773.2. 1/6/10 4000.2 H&O:#77259 v8 F-1