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2010/09/07 Menifee Development, LLC Improvement and Credit / Reimbursement Agreement Transportation Uniform Mitigation Fee Program (3)IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM This IMPROVEMENT AND CREDIT AGREEMENT ("Agreement") is entered into this _ day of , 20, by and between the City of Menifee, a California Municipal Corporation, and Menifee Development, LLC, a California Limited Liability Corporation, with its principal place of business at 255 Rincon Street, Suite 200 in Corona, CA 92879 ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS WHEREAS, Developer owns 212.3 acres of real property located within the City of Menifee, California, which is more specifically described in the legal description set forth in Exhibit "A", attached hereto and incorporated herein by this reference ("Property"); WHEREAS, Developer has requested from City certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as 483 total dwelling units within Tract 34180, Tract 34180-2, Tract 34180-3 and Tract 34180-4, which include improvements to Briggs Road ("Project"); WHEREAS, the City is a member agency of the Western Riverside Council of Governments (")VRCOG"), a joint powers agency comprised of the County of Riverside and 16 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee ("TUMF") Program; WHEREAS, as part of the TUMF Program, the City has adopted "Transportation Uniform Mitigation Fee Nexus Study: 2009 Update" ("2009 Nexus Study") WHEREAS, as a condition to City's approval of the Project, City has required Developer to construct certain street and transportation system improvement(s) of regional importance ("TUMF Improvements"); WHEREAS, pursuant to the TUMF Program, the City requires Developer to pay the TUMF which covers the Developer's fair share of the costs to deliver those TUMF Improvements that help mitigate the Project's traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the "TUMF Network"), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network; TUMF Agreement — TR 34180 Menifee Development, LLC WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2009 Nexus Study and the 5 year Transportation Improvement Program as may be amended; WHEREAS, City and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the City, (3) to provide a means by which the Developer's costs for project delivery of the TUMF Improvements and related right-of-ways is offset against Developer's obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows: TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as construction of half -width improvements (two new lanes) and additional Right Of Way (ROW) improvements to Briggs Road, adjacent to TR 34180 from Grand Avenue south to Simpson Road, and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by City, and which are incorporated herein by this reference ("TUNE Improvements"). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of City and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements. 2.1 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications TUMF Agreement — TR 34180 Menifee Development, LLC for the TUMF Improvements have been submitted to and approved by City. Approval by City shall not relieve Developer from ensuring that all TUIVIF Improvements conform with all other requirements and standards set forth in this Agreement. 2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. 2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, City, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements: (a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of City _ with respect to its public works projects, or in a manner which is approved by the Public Works Department. (b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements. (c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by the Public Works Department. (d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with City's standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which City may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the TUMF Agreement — TR 34180 Menifee Development, LLC extent required as a result of changes in applicable laws, during the progress of construction thereof. Owner shall provide proof to City, at such intervals and in such form as City _ may require, that the foregoing requirements have been satisfied as to the TUMF Improvements. 2.4 Qualityof Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subse- quent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of TUMF Improvements. City shall not be responsible or liable for the maintenance or care of the TUMF Improvements until City approves and accepts them. City shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. It shall be Developer's responsibility to initiate all maintenance work, TUMF Agreement — TR 34180 Menifee Development, LLC but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. 4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by City. 5.0 City/County Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur. 6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to City such evidence or proof as City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property. 7.0 Acceptance of TUMF Improvements; As -Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by City, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, City shall be authorized to accept the TUMF Improvements. City may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the TUMF Improvements. Upon the total or partial acceptance of the TUMF Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code section 3093 ("Notice of Completion"), at which time the accepted TUMF Improvements shall become the sole and exclusive property of City without any payment therefore. Notwithstanding the foregoing, City may not accept any TUMF Improvements unless and until Developer provides one (1) set of "as -built" or record drawings or plans to the City for all such TUMF TUMF Agreement — TR 34180 Menifee Development, LLC Improvements. The drawings shall be certified and shall reflect the condition of the TUNT Improvements as constructed, with all changes incorporated therein. 8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by City("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of City. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. 9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 10.0 Default; Notice; Remedies. 10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the TUMF Improvements and all other administrative costs expenses as provided for in this Section 10.0 of this Agreement. TUMF Agreement — TR 34180 Menifee Development, LLC 10.2 Failure to Remedy; Cily/Counly Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and the TUMF Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. 10.3 Other Remedies. No action by City pursuant to this Section 10.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by City after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City. Developer's compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer's indemnification obligation provided in Section 12.0 of this Agreement. 11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 10.0 et sue. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than ten percent (10%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension TUMF Agreement — TR 34180 Menifee Development, LLC thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement. 11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of City after six (6) months from the date City accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security. 11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit `B", unless other forms are deemed acceptable by the City, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit `B" and incorporated herein by this reference. 12.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this TUMF Agreement — TR 34180 Menifee Development, LLC Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 13.0 Insurance. 13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 13.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 13.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 13.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees. 13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability. 13.2 Deductibles. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name City, its elected officials, officers, employees, and agents as additional insureds with respect to work TUMF Agreement — TR 34180 Menifee Development, LLC performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents. 13.4 Primary Insurance; Waiver of Subrogation. tom. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 13.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to City. 13.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least "A" and FSC-VIII. 14.0 TUMF Credit. 14.1 Developer's TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to City _ pursuant to the City as part of the TUMF Program is Three Million Nine Hundred Fourteen Thousand One Hundred Ninety Dollars ($3,914,190) ("TUMF Obligation"). This TUMF Obligation shall be initially determined under the nexus study and fee schedule in effect for the ("City") at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained. 14.2 Limited Period of Adjustment. For those participating jurisdictions in WRCOG that have adopted the Addendum to the 2009 Nexus Study, the Developer may still TUMF Agreement — TR 34180 Menifee Development, LLC qualify for a pro-rata adjustment of its Maximum TUMF Share if existing or future phases of the TUMF Improvement are completed under a different nexus study and the Developer pays the full TUMF Obligation required under the 2009 Nexus Study. A Developer may also request to pay the full TUMF Obligation under the 2009 Nexus Study if TUMF Improvements started under the Addendum will be completed under a different nexus study. To make either request, the Developer must submit its Amendment No. 1 to this Agreement ("Amendment") attached as Exhibit "G" before WRCOG adopts the following year's Construction Cost Index in February. If the Developer fails to submit an Amendment before February of the following year, the TUMF Obligation as would be otherwise calculated under the Addendum shall remain in effect. 14.3 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop City from adjusting the TUMF in accordance with the provisions of the City Resolution. If Section 14.2 is not applicable, Developer agrees and acknowledges that Developer's final TUMF Obligation for the Project shall be calculated when the building permit application is submitted and in accordance with the provisions of the City Resolution in effect at such time. 14.4 Credit Offset Against TUMF Obligation. Pursuant to the City Resolution and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by City to offset the TUMF Obligation ("Credit") subject to adjustment and reconciliation under Section 14.2 and 14.6 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of. (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the 2009 Nexus Study and the TUMF Administrative Plan adopted by WRCOG ("Unit Cost Assumptions"). The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as "Estimated Cost". At no time will the Credit exceed the Developer's TUMF Obligation. If the dollar amount of the Estimated Cost exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.5 of this Agreement. If the dollar amount of the Estimated Cost is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows: (1) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of TUMF Agreement — TR 34180 Menifee Development, LLC offset applicable to each unit, shall be identified in the notice provided to the Developer by City pursuant to this section. (2) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by City _ pursuant to this section. City shall provide Developer written notice of the determinations that City - makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above. City's initial determinations pursuant to this section are set forth in attached Exhibit "H". 14.5 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by City, Developer shall submit to the City Public Works Director the information set forth in the attached Exhibit "C". The City Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement ("Verified Costs"). The City Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. 14.6 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by City to offset the TUMF Obligation shall be equal to the lesser of. (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.4 of this Agreement ("Actual Credit"). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process. Please be advised that while a Developer may use an engineer's estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process. (a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation ("TUNW Balance"), the City Public Works Director shall provide written notice to Developer of the amount of the TUMF Balance and Developer shall pay the TUMF Balance in accordance with the City determination to fully satisfy the TUMF Obligation (see Exhibit "F" - Example "A"). TUMF Agreement — TR 34180 Menifee Development, LLC (b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.7 of this Agreement. City shall provide Developer written notice of the determinations that City makes pursuant to this section (see Exhibit "F" - Example `B"). (c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Cost, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by City from Developer for the TUMF Obligation exceed the TUMF Obligation ("TUMF Overpayment"), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The City Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and WRCOG shall refund the Developer in accordance with the City determination (see Exhibit "F" - Example Q. 14.7 Reimbursement Agreement. If authorized under either Section 14.4 or Section 14.6, Developer may apply to City and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.4 of this Agreement, the City and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement Agreement"). If City and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit "D," and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein. 15.0 Miscellaneous. 15.1 Assignment. Developer may assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer and such purchaser and assignee ("Assignee") shall provide to City such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with City in a form reasonably acceptable to City, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. TUMF Agreement — TR 34180 Menifee Development, LLC 15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 15.3 Warranty as to Pro e�rty Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, City shall have the right to rescind this Agreement without liability. 15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To City of Menifee: City OF Menifee 29714 Haun Road Menifee, CA 92586 Attn: Steve Harding City Manager Phone No. (951)-672-6777 Fax No. (951) 679-3843 To Developer: Menifee Development, LLC Standard Pacific Corporation Attn: Michael White 255 Rincon Street, Suite 200 Corona, CA 92879 Phone No. (951) 372-8500 Fax No. (951) 372-8510 TUMF Agreement — TR 34180 Menifee Development, LLC Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 15.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 15.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 15.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 15.12 Invalidity; Severability_. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 15.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the TUMF Agreement — TR 34180 Menifee Development, LLC Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 15.14 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions. 15.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 15.16 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer. [SIGNATURES OF PARTIES ON NEXT PAGE] TUMF Agreement — TR 34180 Menifee Development, LLC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement, as of the day and year first above written. DEVELOPER: MENIFEE DEVELOP ENT, LLC By: Michael,: White Authorized Mpres-entative— Its: ATTEST: Its: CITY OF MENIFEE: By: "Jala-e!p G Wallace W. Edgerton, Mayor By: 4 � Steve ardin ity Manager ATTEST: By: Kathy Bennett, City Clerk TUMF Agreement— TR 34180 Menifee Development, LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On September 7, 2010 before me, Sarah McPherson , Notary Public personally appeared Michael J. White 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 law of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature La�ay-\ M( 1-'Y \ �Sm Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed By Signer Signer's Name: Individual Corporate Offices -- Title(s): Partner -- Limited, General Attorney -in -Fact Trustee Guardian or Conservator Other: Authorized Representative Signer Is Representing: Standard Pacific Corp. SARAN MCPHERSG�a Commission 0 18266"J i * Notary Public - Ca �farnia z a Riverside County z X. My Comm. Expires Nov ?012 Number of Pages: EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [ATTACHED BEHIND THIS PAGE] TUMF Agreement — TR 34180 Menifee Development, LLC VICINITY NEAP LEGEND: = SMILE RADIUS µ = SITE Heritage Lake County of Riverside, CA (JN- 05315:002.dwg) OURBAN LEGAL. DESCRIPTION TRACT NO.34180 TRACT NO. 34180, IN. THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 429, PAGES 72 THROUGH 79, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY. PREPARED UNDER THE SUPERVISION OF: pt�N L syA. sG�6F F * PL �cz FJ6+IRE3:9130/10 WAITER A. SHEEK, P.L.S. 4838 EXPIRES 9-30.2010 sTgrF OF CAL1F���\P Page 1 of 1 G:\725\24\1d3GA1S\tr 34180-F.doe d� MI g. �r25 M! �WHO a K, g 11 g1ji gill ;J�Z �jp CD 3 a� g xzLay e� gggx � P /� Va w W �e ` I i x_g HIM RHe Re; W � g MIS Nil 11 1!� W� Iwo ,ip 31 M THE RYICOMMEMI TEAOIOtn' OF THE OMMIY OF RA'MM STATE OF MF MA SHEET 2 OF B SHEETS E m� 74 TRACT NO. 34180 EClN1CNl31 ROeD TRACT A 17®I M R0101t6f WmE71 6 BII.1 •� WA! ° mL.L AY¢ 3 tQ4 tEN f.wlD IEAOWL p [t--, 03 COMOLiNO S"m C.UMM LS. 3540 OCIOM 200E Ds t>IK no ENVIRONMENTAL CONSTRAINT NOTE YCW1 AOEItIK ®1E 1R I WMI m1o1 Ar ENrtIOMEMK COI6TRNM 51EEf RFECIElG THIS MW 6 OM IN71E ,ONEIEM Lt - E tilnn a mw ortrf IIOAA OFFICE OF TIE MOVE COW SLR1fY0R, w FL' i 97d(y� PMF e I sur.,oM men mer, ass> a mlm m2eu 1011 11$ AR675 Au IRIS. u d1PCo' fmm> C tfu9m OFH'17 HIM 4 11 ORfri9 >OZ?> a <MS7m mrw f17@f B r amp a owm °m7r NOTES ce o «m a, 7UW. c.c: rts PER wsm xo, �t[ nEc Sia/eY°R R.. u nm-ro, 111 17 C awm '7M, �r u ,f s. a Inw IKI 7t.M'a -! 1 NOTE NflIPOEf meD 1 Ef0 '1�, E II3N a0 <1® Ort 76E2S SEE SIM 3 TOE BW OF ffWIM SNMYOES WIFS, 71, E r C11 aomOV °LW> WNABIf WO AND CSMU MM NICOm 11AP A t36Af Ct1 amm OFirl 1Rma 3 NO SCALE 1!1 r]17 fD CI7 ®� 271fNP 3�> us n L]A af11'IN 14a> l+ 7 SCALE 1'- 200' E 2=a� 200 100 200 400 sm \ IOn orbLQfl Mm t^rt+ f C . gS (amwp1 Cb nY-$ d iGWNFOC SCALE 3 SEE CEwa •C• $ g p slmr \ , ppS� °_'gp„ 9 y REYAMDQt PARCEL (Ix / c/ OD G� gE OEiM'F, SHIFT 4 YuGYl eum� �8 PORTION OFEONE19il� R/�T - �L I — S.E 1 . SECTION w.Ss. 24 01Er4,•Erq 4� �!\ �` / / L ..'`� T.SS.. R3W. S.B.M. /�[� REIMNDER PARCEL SEE MAL Y, 71FET 4 - no<3,rorn ��_J 5$ c(� 112 V477p , D W rRncNoa1 2 t.sMr�,z_-1 i 3y �" GR� AM �F,x _C c cl / I IW MILE I _ a -�-- -- R C,zl 24 1 7 ml T 25 I' ea m w b 47 /8 17 14 1d 41 41 b x 36 KNIER WWRf 37 I I 31 enwllalsE Cm Ilif 'E 3 i y sz m m m n 3E m 32 a x 35 53 R7J_�-1� PAsm 7e a D 20 23 24 y 2255 59 21 77 m SA W(mm IIX 'V 7E 14 15 fA 17 IS 1E 20 57 75 13 tz n t0 ° I a 7„ m U f 'W I I W T_I �jr 7 � R � 1i 1 S° 6 71 71 EO to 105 e Q 4a z d &flEFDOT CCME 6UFf 4 I U I B1 4 70 Et t' . E- I °t 3 t. 1P7i w W J loll 5r �LLI_Ll�_L i I - e4 E4 W L----------------/ t IS 67 g ; 110 -- na¢ Au xmO O \ �Ly LW191m 0WM' to ti3 aPFN---i,�-to '- z i 2 /�¢i/' I EI t r, orTfl�- DTI p /, C/ LA10RW T-1-T-� J SEE SHFIT 3MIE LJ i TR9CT 411eo �Gr b, I i lHil W — ITRACIT No. 1M 130$ Ia 4I�-1—r�r T my i — j 7_1'�—T-7—T , a I — — — — — — — — — — --- ---- p I, PARCEL 1 i PARCEL 2 I Ek t-19 I PARCEL MAP NO. 21187 P.M.B. 136/3-4 - I SHEET INDEX AND TRACT BOUNDARY ® BICATES SFM MM06t r n -- b b !s gill! ` �L+x=c� uf'uu 3to.tcnotu Gf0'L9> 4A'!ID 9 g � aVOa S�JRIe 3 R _ _ 4k g il z,if O O g <.LYLL 3ICXN) — crrtroL 31l'�RD ((.cvuCt•t 3.Mmlwup) aVOM SODIae " i 3 'lam KW 'HL ma N/O 3 ( A. i .fir+^� .mVOf 33AlCLM (37Vd5 N3d0) � `mom 3RlPml dlfQ iC'LO .1Z9L1 g M m 3yAICD N d -- Iq ppXWEap Y 1�I $ 8 AVSLI 3 ¢ .R AL x! 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Am " ./CHt ItAdYS2 N �` W O a a W 9 0 \"! c I I 3 N O m P1, � S � O 3ti•.IO QOp a0�tip mp 1 �313a3ONIM 9NIl1Sna �' � � any Aop Qop tdg� 3u'stµl c C��> � Ue stztst-a }y, A°yy Cb �pl nOL N�taO� 6p 3JLfl2 N I} � � Rp 3pe66{ M Mni 3y$J N } � o i t i _ 9 J33KS 33S !tt { i t t l /lam / Q $ 1 t et• 21 20 1 9 m / R 5 4 3 2 4 9 u -- �Ir Illy °� THREE KEICK ROAD DETAIL 'r .. SOOE: 1'=100• t SEE SHEET 2 FOR TRACT BOUNDARY AND SHEET INDEX SEE SHEET 3 FOR BASIS OF WAMNGS. MONUMENT NOTES, SURVEYORS NOTES AND EASEMENT NOTES. N THE MEMOROEO 79MW W TIE CUM OF WMW On of MFWM SHEET 0 OF E SHEETS TRACT NO. 34180 eBY \ meY 6 A /0� 61dE IOe16e7 °IrOs eF ee�r/ eL 10Af a aomA — twee a eeaA aw etteerwo iteHom ' IOS 03119AM SO NLEY C. MOM IS We OCt0M 200e t IrE eml ra setae �� �I J Y 50 25 50 100 IN u +� v � rnr u ttaral r GRAPHIC SCALE m _ a remr SCALE 1'- 50' m Qml ea ens mn tae t � 1 r. J FOR EASDENIS 10 0 N TOT 115, SEE SVM & 92 93 w N S M , m 96 LL 1\ R � x eaxvr r rost• _ 2 nr r �115 (oaOt yp _------ 116 r rlssys r t txeAQ r aloes' E' 115 i 114 113 6 N THE MCMFOWM IUWrORY OF 14E aMW OF Mfi=L SWE OF OAVO2N1 TRACT NO. 34180 ®AN W A • Wx■ORMs W■aar 2475.Nr aamt Ylq 71■5L ■NI ■lam. N96x1 HS CW91A3m SWAEY O. WISE L4 3540 OCMM& 200■ 4T I MY A �& 1 4 a ME Cm n NArC ormia + ONK A■11 IG.! AC SEE SHEET 2 FOR TRACT BOUNDARY AND. SHEET INDEX. SEE SHEET 3 FOR SAW OF 9EARRN.ra, MONUMENT NOTES. SURVEYORS NOTES AND EASEMENT NOTES. SHEET 7 OF S SHEEIS I / I 50 TS 50 100 150 GRAPHIC SCALE SCALE 1'- 50' PORTION OF RL]UBaER PARCEL ILL 1/4, 24 9F OON.'F. MEET 4 1 1 I 1 GRAND AVENUE om ■ ,55nv> I aa,5oxxs 1.7sm'>� -uavu>' r _ a erssr ■ wOs> -- t • . a0-0i179t> m'°F�> i LOT lw I 1 9 I TRACT KD. 8418E-9 KL 09/l3-vs P/,�, 1NXf�A�■1 D-W75F XVir 1 J1ID I M,Deu� �.qyp NIPAF■ SRSx' 7AA4 6@ �• n pit C. NW2nn a $ 49 48 $ iy 4.4 47 q4 " 50 a� A-17134' IIN• 6AR � 9_ • d xrsrIV* I It xras ■ WL4Y d� LOF �Ei xanW■ 70-W 51 ae _ '° s BOATHOUSE COVES S ` x EP�Ss ■ siia ef 711W 750P ut x m54 o-7lFIr 52 o-, -- 80 81 `d 82 y 8 O.T473Y L.A.71 1T yap A A— 1 1• SQ Y$$ 0 4 x arxv xaes ■ 1f A I AOD q X 7hga6 E 6X4' _�, 2 c 53L3 � 1' a s`•` � a 4 79 � 82 54 $ r e + + 77 d _ E \\ \ f 58 + s 7e 57 \+�+�\■�E7so qq W' N a, so sN� 6� 31Q1 FK11M m l III I 1 I I I I7Pd!oil T6S.�Srcua Go 11 Hill J QI I I i I I I are _ I� 1.VM )CUND 9NI8dS y Z z I I Ito tech trarw.p ,mvarw M mLd — I_dl I!Q �uc"b 3iN� Vbad �►qla iv No as Vin M" LEGAL DESCRIPTION TRACT NO.34180-2 TRACT NO. 34180-2, IN TIC CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 429, PAGES 46 THROUGH 52, INCLUSIVE, OF MAPS, RECORDS Or SAID COUNTY, PREPARED UNDER THE SUPERVISION OF: 55�ONp`gLA O 8p Q�o� ER o * PI34838 �s If WIRES:W10 WALTER A. SHEEK, P.L.S. 4838 EXPIRES 9-30-�2010 sT�TF of CALIF Page 1 of 1 0:\725\24\LEGAE3\tr 343 80-2,doc N THE L EMWOR/dED WWORY OF 71E C=W OF WVWE• SFA7E OF CA9)FOM SHEET 2 OF 7 SHEETS Par�E W� TRACT NO. 34180- 2 m,7m A SImY®16 A l�mM a IaT 1 Oi W9N0 mYOp C�IMS lmOAmL Yi 3'Hl AUii181 �I A uau1GN91 �n N' .71 of TlE �91 Wli ei 81tlM M 1a.L0 tal A !.®116 AE,Yr96,Sf 011M9 Q 81Oi'A. laM6i ° SOU6L mrEE 3 rF3G SNI NIeWmIm Im.1rL IOS C01611L11NG STANLEY C. MORSE, L.S. 36W OCMBEK 2DO6 5 mmE—I ENVIRONMENTAL CONSTRAINT NOTE t ENVI NI&MAL CORMW %W AFFEC NG THS IMP 6 ON FpE NW. uCu+1. yyy� Rdpp;E . 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NO. 2031-215m1. � 3-9-2001 DA x M L Y 225 Zt is 9 4 N(w IF'Isi 46 88g ILA IM (OPm Spry 51 50 49 3 7p 7] 9� 13 4 10 3 Q� I S mg. 9/ ri !� 2i I1�i,St n�•) 1W ,C M 47 W m ri a a 5 14 It ti 2 S I`•g6 g A7`�'�p"" Tam, RStlY. Sam 1 191� (WP31.O9'r) $ II 3' ��- s r F r§ m A a w Ej f3 12 1 tl (a aar7esTr eeaw'> w, /� j R! 55 m iC '' 9RAC'F N0. 04m)G-9 GRAND AVENUE \ _=57 m 9 70 GRAND AVENUE U7 '6 L7 U C7 ft AL&1i29N3 -45 ZW---fr --5r> Ca ( 24 e4 m m 77 oarioww dry ---- 25 im a1 " m m 76 — I aN61OaVD GQ6I7101D I 12 e/f F9r A 1n xtm-1. 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DESCRIPTION TRACT NO.34180-3 TRACT NO. 34180-3, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 429, PAGES 53 THROUGH 60, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY. PREPARED UNDER THE SUPERVISION OF; 6�oNat LAND SG R A. SyR PG�� PLS 4038 WALTER A. SHEEK, P.L.S. 4838 EXPIRES 9-30-2010 sT�TF OF CALIFo�a\P Page 1 of 1 GA72MALEGAMb- 34180-3,doe IN TH£ UNINCM-CRAT® TERIBTORY. COUNTY CF- RIVERSIDE, STATE a- CAOUVIA SHEET 7 OF'8 SHEETS TRACT No. 34180-3 R£ ERSlgll�- FZM RMS .� eAY o< BEDYO A SGWWW OF A POP77 N OF PE AYA'i1FrFAST I/4 O, sEC770E A AT P� y�-1�... AT �TrAPS IDWYS'F 5 SOUD; RAM6E 3 ME57, SW Bf]PAUI SW MERDPAN ACCpRDN6 70 11E CFRa C PUT 7Hf al NNOOTlE ROo-Q��iUiaz V"AS BENDER AND ASS" WS LARRY It WA DOUaAS W. a9W R.CE 28946 WARD am - REa1RDtR NOMM,, 2WS BY DEPEIY sE wsm aURANTEE ENGOVEEn VAIEAIENT FER17Y NA7XNK RRE CAPANY MEWS STATEMENT W HIERMY STATE RUT ME AW DE OM VU iF RE LAND Na1LED NON IW 9.WMSL V M MN rEREM THAT W AW RE OILY PBWC MNME CONWIfT S N#SSIRY ID PASS A CLEAR PRE 70 SAD LAAR RUT W C VWff IV RE MAIWG AND REWWW W W 9.9OISM MAP AS sww WnNN BE D67W ME BORMER LIE W /EFEHY DERMA 70 RRC LW FOR SKEET AND PUEEAC B7111TY NEEPOSES LOIS A' BROM r FULLER£ W 1E1ffEYLWATF AWTT9R RGNIS OF ACCW ALONG HER7WE LAW WK UPSON ROAD AND aW EACER ROAD TO RE Ra C RE DINERS O<LOIS 34 DRC16i7 5a LVaWK E L07S 64 6A 74 TB, 77 E AI RENTING 7MW HOMM AND OIRID MEN TIE MEL RAZE NO RMIS OF AC= DWT RE GDOW EAW3ENT OF 7RA18. ALSO EXCEPW A 3O' OFDW RR LOT 74 AS Wo NSM ANY OUME or ALOWNT ND MDR RUT AE AIS N BE M CA= WEEF 5YAU 7MWM7E HE CCIWIRMM Or AOffSS ROBS AS M RE PART VAC410 W mmr RETAN L075 74 maw 7a NOMS>1E mcATED As OPEN SPA(E' F17R PRVATE Lw FOR PE SAE MWERT OF OIRMMES OUR AS57GNEES AM LOT OWERS WRW W TRACT YAP. W ABSY DMV IE 70 RE COUNTY OF RWER!W LOT 7l ; A (1) OYE FOOT BARTER SW RY7 RLNO AND AOiSS cavm . W ALSO /EREFY LMWE 10 R&IC USE BE ORANAiF EASEMENTS AS SHOW IE7EM ONPM LEREEE DEMEL0%wLLG A CALFZVWA Lum LMKrTY COMPANY BN. ST�M24W PAPIC L178 ALEL.1/AW COWaPA7/01(.ME: BC NAVE AM+4ti�AMEch aA.T NAIK I nRE �r /+W+rO APft nne p,e Br PRO°ER7Y ENMESBBN$ LLG A OEIARAW COWORAWtt ITS MEWIER NAME 7;;" M4M,,:rTi MUE 7RE A wk_._ � DRi' BOVEF7GYARY' ,P MOMW MAX BANK NA, A NAROAL BAAM G ASMOAWK WOMMY mm LEED w aw RECn = Am z% 2DMi As ASTRIwAn ZW-05f8M OR Or_s". NAME S7EA/µA.SAEEMcoeu NARE E w.' ants+ ARE V NCt od*n aw- Y�. V'c. k.,4 SEE SHEET2 FOR NOTARY ACKNOWLEDGEMENTS M0710E OF ORAWAGE FEES N Rpommm" RES PRO°ERTY 6 LOCA7ID N 7fEW.T Olm( Q/AAMET.A OPAINA(E RAN MIAO/ MMS AOO'TID BY 71f BOARD A< RMERSIE P71 lANT R 4C/RW M!ffi A< O70MTMki 460 AM /DlER1MENT COaE AM RUT SAD FRO°BP7Y lS SCB,ECT R1 NDDCE E R.wm gmw THAT, P1/7A/AMT 70 SECRAN f027 OF ammvCE 4RL PARENT W RE OPANACF FEES "U BE PAD WIN C49JUM OWN OR MaEY ORDER OKY I0 71E RRERWE OAN7Y aOO7 OW7RO. AM HATER C1WffRVAAON D6RMCT AT 77E AE OF I WANCE OF RE URAOMT OR BM.DIENG POW FOR SO PARCELS WMnEWER =M PRSF AM THAT RE OMNER O-EACH PARUL AT 17E TIE W IMA&W OF MOM BE O 40M OR BLMW PDW,, 9ULL PAY RE RE REO.NED AT RE RATE N ERECT AT RE ME OF AS IAMYE OF DE ACTUAL PDW.. A W YAP WAS PWARED BY ME LN UVER YY ARECRLN AND E BASED LPCW A AW SLWWY N CO FLN1UNCE WR RE REVOMI Nrs OF RE SA WSION AA1P ACT AND LOCAL ORNMMLE AT DE REOIEST OF STAMARO PKMT NOTES N NOWIM 2008 1 HEREBY STATE RDAT ALL MOWAMENIS ARE OF RE CHARACTER MID OCCCPY RE PO971OV5 WrAzED CR RUT REY MEL BE WT N ACCORDANCE WIN HE TERMS W RE L/OXEMENT AGREEMENT Fat PEWP AND RUT RE MaUENT7 ARE OR WL BE 9iRZVff TO HkA RE SRMEY 70 W RERACM AND THAT RLS FNK MAP MSSIANRALLY Ca%-U 15 70 RE CMTDNA7LY APPROMED MWAfi£ MAP. VAS 9AWY6 TREE AND COMPLETED AS SY ML a4 7 17 6 /0 My W&S M. BDAOOC R S ARCH MY W06TRA7XN EXPNPFS MARCH 31, 2O0I G'.7, COUNTY SURL£YOIRS STATEMENT WAS MAP CQWW . UP RE REOClRE1E71T5 OF RE 2MlY79ON MAP ACT AND LOCK aRONANCM I hMW STATE RUT HE MAP HAS BEBE DAMPO BY ME LMN LIVER E1Y SWIERWEW AM FEMRD 70 BE SEQSgNIULLY RE SATE AS n APPEARED ON RE uNumE MAP O, RACY Na 34180 AS aM,, DATE SEW NDM SER 29 200, RGT I AM Sit MW RAS MAP 5 MnrMCNLY CORRECT, RIN NL zZZG�B BRAN H IEIi COaMIY STEPTETLY7 y F+a �.a�,x , z LS 404 Or.. 1"-09 BOARD OF SUPERNSORS STATEMENT RE COUNTY OF LBIERSEDE STATE W OYFDM BY RS BoAm W 51.PERNSYAPS /EREBY A'FRUPES RE TRACT MAP AND AOEP75 RE GMS OI DEEVEAVN MADE FEREEN FOP RAXV ROAD AM PCAfC UTL7YPR8i5ES AND AS PART LF /YRE 00UM7Y AMTAAIED ROAD stsoL SC6ECf R IPADIfIE/VIS N ACCADANCE M7N COMSTANDAMi RE M"r EA.SSOOS DiDrATM RI REW LW SHOW HEREON AW 1EREVY NOT AC EPW DAIEIk��� " ATTEST.• NANCY RLMERO :_aE7d'C a< DERU/�JD cF 7M�s�b/e�s f � /t: N��!"' LEPYITY TAX COLEC70R^S CERTD:TC47E CONTY ERSNXE 9n 7E- Z Br. d: RE BOARD LF 1 HDWY CD77FY RUT AOCORO IC ID RE RECO GS OF RIS O'ER{ AS OF DES DA7E DEAF ARE ND LENS AGANST RE PROIRDRY MW ON RE WVAE MAP FOP LAPAD SIAIE COUNTY, LMHOPAL,OR LOCAL rAAES,OP WEOK A293seDs CEUVIED AS TAXES EXCEPT TAXES OR SYCK ASSESSMENTS COLEC7ED AS TARES NOW A LIER BUT NOT MET PAYABLE WICH AW ESIIU70 R1 BE i 1[.400- OARIky�% BM aEP", PAW MrOOMIHI. CObWTY TAX C JZCRR 119MBY aNWY RAT A BOND N 71E SLW OF HAS BEEN E1EanW AND FMED WR AE BOARD OF 9PHN A< 7/E L'OaY1Y Or MWER= a7 LO.IC, AND ALL S WAL AASSESSWs CDILECAW AS TAMS WM AT RE AE OF RE AEM OF MIS MAP WN BE GOWN REVOREW AREA LIEN AG4Wr SAD PNOERTY BUT NOT T£( PAYAHE AM SW BOD HAS BEEN OILY APPAOMED BY SAD BOARD OF 9PERNSORS DAIM C491 TAX BOD NANCY ROMERO PACE MCDOIWAU aew W RE BOARD W 9A-FRNSO45 OOW�T�Y T�A„X. "CO�LLEC,XT_OR���� Br. VDWTY an sMaaAA1yJ1�i1�LEPRTY N SEC 25, T.5S R3M U SOAME A' IN 7NE U('NCaZQW47ED 7OM70RY, COUNTY OF RPoRRSIDF, S7A7f OF C4LYWANA SHEET 2 OF B SHEEM TRACT No. 180-3 SM A SIX✓ X A PLV7XW Ar 71E NCRIHEAST 114 O- SEC7RN 4 70WVM 5 SUM RANGE 3 W3T, SAN 89WRW0 MRRD'AN ACCOI4 M 70 IW 0`FIM PLAT D OM DOMALS BEN61EIt AAD ASSOMMS D01AGI!AS IC aMM RGE 26946 NOD WM,, 2006 NOTARY ACKNOMA.EDGdENT STATE W CilRBW ) )SS Caww a<A71£2MEE ) PD hbi, 1% rm PEBIgu A uorAar�hlte RSOIVAELY PER.A7IAL.0 am rO IE 70 BE BE PESSa✓(s) NTOSE NAIEfsJ Ar/ARE 9B503BED m RE KO M NSN4ENP AAD AOA7A71lIIA D 701E 7mr1E/4Ej?LEY DMIED 71E SATE N AUDA21M CAPAO/Y(k3,L AA0 THAT DYIi$}BA/DER SOW 7L7E(S) a1 RE M57REW a r BE OR VE DYDn Wav evwf OF IF" DEACIM PEItSa1YsJ NIAIESS NY HAh& ynhak _ eDha PCB NOURY ROX Iv AAD RN SAD STATE _ w POWPAL AUff OF BLOOM 6 N % NW raid! aygy MY Comki m DiFM AWE. 7-1,-) R NOTARY ACKNOWLEDGMENT STATE a' C41WIA ) c"ry OF finER qE ) PBUOVALLY NOTARY PL49UC PERSNALLY$WON 70 ME 70 B1 RE PBPsnW WX JVANWISIATIRSSM0 70 RE NRN NSD ENr MD AaMKSMD I0 AE 7MT %E/ e%L=V DEYVRD RE SATE N HSAO M4 , AUN aww ixman*7 r D 7HAr BY /6 BLNATL137p)'OV BE DELVIm IN DE &M LOW 69" aF WOW 77E PERA 4*- v - NOTARY Ra4 jvAW RN SAD STAE WaIlltM..5M1k YY PA AL PLA BLOOM AV TV CONTY. NY Comum LN NOTARY SDIIE OF CMlo!/I ) cawnaY"r1BAs�w )SS PERSOYAELY BBL� /E LV7Y. a A/10 . t c NOT AVAiAC VERSWNLY MW 70 AE (WAWWD 1D AF WRE BASS W SolMWI1SY EWMV 70 BE RE MMM WXkW HAWS) SIA)E 5T6 M R7 RE NRM NSIMIENr AAD A0ML06W 70 1E FWAr WAE/REY DMWW RE SIZE N A6AMVIfM AVW4WW QIPAOTYWI AAD IMr BY HS1N%1 W 94YAAWS) LN RE NSINABVT 7AE Sd aJ IAE mw wm BENAEP or wow 71E fiASLYIiS) AC7M EfE%gM 71E 067WENT. N1AE4 BY HAAN _ NO TAR YlFt ft 0 AI AN r0R SAD SUIE Mr ARKWAL AALE a" BLOOM 6 AV mAlL(d/R LxYNTY. NYCpIaww DPNES 5--1-04ot IN THE UNINCORPORATED TERRITORY, COUNTY OF RIVERSTDF STATE OF CAL/FpRN/A TRACT No. 34180-3 8SVG A MAMM M W A PAVAN IF 7F� N64TNEAST'14 ! SECTlOW 24 MMV 5 SX N RANGE 3 NEST, S,'RNARDdVO YERmAl ALY,'GRD6VG ,DIE jj Lf4TLYAL PUT MECr I I DOWAS RFNnca Dun Accnn,.,re. SHEET 6 SHEET 3 OF B WEFTS 6 . cL IN THE UNINCORPORATED 70?Rl7OIRY, COUNTY OF RlKRSIDQ STATE OF CAUFORNIA TRACT No. 34180-3 BEBLG A SVRWWSM LF A POR77ON OF NE NORTHEAST 114 OF Sopav 2% 7O9N.S74IP 5 SWN RANGE J AIEST, SAN RD NARDSO MDMN ACGaWW 70 Tiff OFFILJAL PLAT THEREOF. DaARM BDVLIER AND A-WN7ES DOIUi AS W BENDER R.GE 28M NOMWMZ 2006 EASEMENT NOTES Q DRAWACE EASPANT TO PUBLIC M AS DEDICATED HEREON MONUMENT NOTES.' 10 FOM I' OM PEA TAGGED RLE 2LIA48' N KZ4 DOW LS', AOGUW AS C&M 114 OaWM? SECTKN 25 PER f V CO FB 1077 R FS 2000 AND RI. ❑2 RWID fTW PPE R(ISTL TAM 7S 7J20' PER Rl, AC E -70 AS 77E E 114 ON4R OF =7= 21 ❑3 FOAD I-1/2' MW PPE TAGGED 1SO8fr,, FUlW4 PER RS 1161W-100 ACLEA7m AS KRVEAS7 GOWER MCROV ZS Q FOUND I' ATOP PPE AND TAG 2S 3840; RLL516 PER Rl, ACCEPTED AS NORTH 1/4 CORAO7 SEc71Ov 25 NOTES• C.CR. S PER INST. Na 9608.OZ59FE.73 RM OR ENGINEERS NOTES.• SHEFT 4 OF 8 SHEETS • WVGAES FMW f' OM PIPE 7AO60 RX 2W4r RN/3TL PER TRACT J070S-4 UR 377/44-53r ESS UNLOVARROW M07M ■ MAIM FUND 1'1R(RI PPE TAGGED 1S JB4r F UgT PER IRACT O AWNrA 71S SET f' LP. TAG[.VD TX 28W, FLM LAWAW OWN E molm SET I' LP. TAG® RX 28W. RIG4 AT ALL REAP LOT COWS AND CORAEII anaACINA IA8M OMVW ND7EA SET" AND TALI( TANr,ED 7W 28440' N 77P OF OAT$ AT OE PRNOVCANW OF SW LOT LWES ALL LLOWB(ENIS ARE SET AND TAM PER AMSNE LOWN O40NVANRF Na 461id ALL MaUg NM SOW Vr ARE N ACCOVOANLE W N ME AIOWMEW AGMMU FOR 77E AW.. "ll" INDICATES RESTRICTED ACCESS ] MC47ES REVOW G AEAS1W DATA P& 7RACT .i0RA5-7, MB, 377144-53 () MNCADS RECM & AEASWM DATA PER TRACT 341DD-1, M8 y99/43-45 II AW7DA7ES RECORD A' AE42O FD DATA PER PNB 8DI18 Q ]/ MPr17M RLWW 8• WAStM DATA PAR PNE 138/3-4 RI 61 IN ES DATA PER 77ACT JO705--1, Ma J77/44-57 R2 mC47ES DATA PF7N TRACT 34/80-1, M8 q29/y 3-LI5 OS INDICATES 'OPEN SPACE' LOT DRANAOE EASEMYS STALL BE IOPT FREE V BALDONGS ARV OBS7RIIC7m OVANAGE EASE eM - NO BUDDING OWRUCROVS OR DADWAOHMAN73 Or LANDFBAS ARE ALLOMER W TRACT COVIAM IROI ACRES O&W T�-- INDICA7ES CDWERUNE JW WDE ACCESS DPE7WNG BASdS OF BEARINGS NE REARNCS SHOW 1EWOV ARE RUM ON 71E O9VWM OF S WWV ROM AS SHOW OV TRACT MAP N. ,1O7D8-f, M8 J77/44-57 BBNC AWN W44D2' NEST ENWTRONMENTAL CONSTRAINT N07F DV WOWANTA. CONSTRAINT SLEET AFFWW US MAP W OV FW N IFE ORTCE LP RE RIYIIWE CWM SSNNE1M N ECS DOW ACL PAL£ S2� 7NS AFFECTS ALL PARCELS f IN THE UNINCORPORATED TERRITORY, COUNTY OF RIVERSIDE; STATE OF CALIFORNIA SHEET 5 OF 8 SHEETS TRA CT No. 34180-3 BBW A Sf1BDIKVM Or A PORIIOY O1' IHE NO4RffA5T 1/4 OF SSECMV 24 70#M W 5 9WW RANGE 3 BEST, SAN W"WEA �DIAYO dERD/AN ACQaWM TO THE 071M PUT 7HE> M DOU" BENDER AND ASWaAMS r GRAPHIC SCALE DOU6IAS W. fflW? RCS 28946 Im 0 w fir aao •m0 NOKWER 2005 hMm- (IN nu) 1 inch - 100 R ��Z � N01ES srsfFT� a a wr aaeas,w>q ctmaavrozc �ortaavr�os� 8.t4S 0' iAa6Al0 85 A9g INDEX SHEET 9pI t I LOT 5 I yl i\ TRACT 30705-1 N.& =144-53 % ¢ LIND£NBERGER Ir ROAD /� ��f srativSyr a --�i_ xrwm Wcrwn�-r ✓ i / I aTl o Nm + 1 I I SE siOrZ� Aar rovc , _1 N �aFal(fA� ma. I I W I I N O N m V SNE i I III G I � I I ; ' ; 1 fA r--- 1 -.ou �—�ux aWr - i �'°um.•""r - -- 12 � m u w ( ¢ HER?AGE , m LAKE DRIVE I - - - - - - __ SEE SHEET 6 --� S££ SHEET yi _ _ � -� - SEE SHEET 7 SEE SHEET 71 a •� 'o N , i RS e j wr T�94VSFCW LAW sm ET t � N _y A N + W � �• � ix 9Iw - r jrar 0 R +---- rmr a� covr-- —j_-- MLZ• - 8 { � § a- aaax• .00ro• smiP P1• I f IN THE UNINCUMORA7ED TERRITORY, COUNTY OF RIKRSD& STATE OF CALIFORNIA SHEET 8 OF 8 .SHEETS 779A CT No. 34180-3 BaVG A SUBOVNSM OF A ;WN O Bff' NLIYR�AST 1/4 OF XCNaV 2$ 70N VSW 5 SOU N, RANGE 3 NfST, SAN BERIVAlKVIYO tlFRlDIAN ACCOWNG IV ME GRAPHIC SCALE OFRUAL PLAT THMOF m a 291 M fm , DAI/GCAS BENDER AND ASS" TES ry DOU" W. BENDER RC.E 28M (� ( w ter) NOW WM,, 2006 1 hM —50 2 AQMM 6fi0, E.i7EP5Atl&� 0198/!/.i$ .1RfffTAOlq O{S'6EM1fb'.IIG �'/US q HERITAGE LAKE DRIVE aasnvva-v5 .mor R.� Ag2V 3-415 m2r ,mar �Q 13z � � 41 42 11 43 44 I a U 45 m 46 47 4a 40aw Jr m�d --_ ,scorn. ar 31AY nm—, °aoY f2em— IN THE UN/NCORPORA7ED 7ERR17VRY, COUNTY OF RIMMD& STATE OF CALIFORNIA SHEET 7 OF 8 9NEVS TRACT No. 34180-3 BUNG A SUBDl WON OF A PORMN OF nE NWTNE1Sr 114 OF 2r?7av 4 MO SW 5 SOUN RAKE J KST SAN BEJdviU RW MRI W AC aWW R) 77E GRAPHIC SCALE OFRaAL PLAr nEREa. 50 a u ao iac Aso DXGLAS BEARER AND ASSOa7ATES Aw DOU[,7AS W BENDER RCE 28946 I IN FEET) NOWWBER, 2006 1 heh —50 R / "pa mAAcr/a9/V3.45 Mx .�rro-r NOM. rf, w� auras Avrs a�DD/D/6 1DIf.OBA.$i .AS 0°4AD16 AID HS IDS SIMPSON ROAD — p.varri.'.nuaq �E OR"v aER��PG6 �. V IN THE UNINCORPORATED TERRITORY, COUNTY aF RAERSID& STALE OF CAUFORNIA SHEET 8 OF 8 SHEETS TRACT No. 34180-3 HM A STA3 WWaV Or A P047101y OF 71E Na4HEAST 1/4 OF SECHOV 2$ TONSW 5 SOUHC RANCE 3 HEST, SAN a9N4RAHIO Ao WN ACMWM 10 HE N07M 07VAL PLAT HMMW. �,, SES T 4 W 8 An BOAM hm c1gz8T MM MM9WAM :J DOUGYAS BENDER AND ASSOLYA 7FS VM Or O MM AW eS WE r DOU" W. BENDER R.CE ?8946 _.� NOMWaER 2006 LOT v MlLa 1 awmE lar / N=7r i 2 �a4o _ (lsmve�wpevm/Tc na81 V use (AWW rXCM D41EM�A �- �... �{/E1LTi1iF -1 '-WYgnm n +e f8xaa7 "An rowxMS-1 fe m/M-m DETAIL 9' scw rev '7, "Mr8wxw - Nj tc7 IDT H n•aUee.s'8.1 � — L.nsr 4 - fAPJWW WAT 1m T .throe-,taasuwr / zw LOT H n'A�sn" a DETAIL 'F' s6V6 1W a Q m R 2 n Q8 Q e ro 7 (AM29 f 78 aa1 1 San ;8 f+era9xv rasrel — ROAD TR 34180-1 NB ya9/53-4$ 4-4 DETAIL '1' & 8 o-xTP1 o-�'>1 Ir I— saor7 ao,, (nernl5o'. \(m8wviwlPnr Dz10� �' TR 34180-1 YB 4,W , g SROWN ROAD DETAIL 'D' SOUL, r.Sc c~i M R �x ' n �m a �S DETAIL T' slrm RW DETAIL 0' ME r W LOT C Ca L.um - e 8 (s.are?Y L.nTSI �( A R// Pvt fro a m w M @ ti R.r aT,r /ro 8/8'rR a (70 feRIY ¢ SIMPSON ROAD DETAIL C' sOUe 1 ar 9 LEGAL DESCRIPTION TRACT NO.34180-4 TRACT NO. 34180-4, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 429, PAGES 61 THROUGH 71, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, PREPARED UNDER THE SUPERVISION OF: e�oNAj LAroo SG �P�\ER A. EXPIRES: B130f10 WALTER A. SHEEK, P.L.S. 4838 EXPIRES 9-30-2010 sTgrF of cAaFa�`'�P Page 1 of I 0A725\24\LB0ALS\tr 34180-4.doe 6 Cc� IN THE UNINCORPORATED 7ERR17DRY, COUNTY QF RYMMD& STALE OF CALIFORNIA SHEET I OF It SHEDS TRACT 11 fo. 34180-4 REOODERS STARIEAIT RED 7MS IV MY OF 4? ZOOB BEING A S7BIRN9AA1 Qr A PORTI(Ml L'Nr 111E NORQIEAST 1/4 SECAAV ?r-S AT P A Y N BOOK YAP$ y 7OW9W 5 = N RANGE 3 NEST, SAN BIIMNRDNO 1EERUAN AC CaWM m 71E AT PAGa —iM - 41 AT nE REQUEST OFRGAL PLAT MEW. Or 77E CLEW Or 7FE BOARD. 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Br NAEeAwwrY ¢sc....w7 E c � nRc-'Aral.+bus�p R!r nne BI7 XAMMA PROPERTY SKYRONTS LLG A OELAIWW£ LWWTED UABRITY CAIPAN Y L7S M Wi1ER BM NA1E7 TNM AKOLrwwc NAMED ME RRE• BENERRa4Rr ,P YOROAN CHASE BANK N.A. A N47I01VAL BAM9N' ASSDOAMOAL BDEFKURY LAMER DEED OF MUST REOaW AW 29 2005 AS Yb'Mkf Vr Na 2000-051 M OAOAL RECORDS Br. Br. FrALE�sZEueN I, NCOLIA T6� WLE --A+w4aw ✓��Nl �t6FwG.ur SLOE SHEET 2 FOR NOTARY ACXNONLED004DVTS N077CE OF DRANNAGE FEES ADTCE LS IEREBY OILN THAT PC F1209ERTY LS LOCARO N RE Sur OLEEK CNANEI. IWIC'ESAR NaM NRJET AREA ORMWGE PLAN WNN MS ADa"ED BY RE BAWD ar 9FERRSOR5 Ar RE CCINTY Or MERSIE FUWAVr m SEC/RN 10.2E Or ORDNANCE IBD AND SECRCN 68M ET S$ OF 7FE OOMMIEiNT OWE AND BUT SAD PROPERTY IS SUBECT m PETS FOR SAD ARANAGE AREA. N OYW IS RM?M OVEN PMT, ROMANT IDSECBLN fa2S C< aWMNCE IWA PAMEVT ar PE LSRANAw FEES SHALL EE PAD WN M9gRS OEAV OR MCMEY O4OER awr ro iHE NWME OWNTY IEOOD ONRRO AND WWTEN ONSERVAMY O15RRCT AT RE TEE Or LSWAN E'[F RE CRIMP OR BULCWG PDW FVR SAD PARCET.j WA;ENR O=RS FWST AND BpT RE OWIER O<EA01 PARCEi, AT IT TEE OT R4DAMO CE DEFER BE O UAM OR a9XX PE76WT SHALL PAY BE iEE REMMM A7 BE RATE N EFFECT AT 77E )W Or ISSIVA ME Or LIE ACNAL PEIWW .. 7W YAP WlS PREPARED BY IE OR LOW YY DI ECRLN AND 6 BASED UPLN A FM SIRWY N CLN4OWUAICE WTN 7FE REIXA MWW7S Or 7EF SUBMSLLOV MAP ACT AND LOCAL ORDNANCE AT RE REMCST Or SMADARD PACM HLYE3 ON NOS TOOK I H7EBY Sr4LE BdT ALL YO WJEN7S ARE OF nE CVARACXR AND OOX.FY 71E P097DMR AVOCARO OR BUT 71EY MEL BE SET N ACCOO D WIN BE 7ERYS OF BE MOAIAENT ALRffIEN7 FOR BE YAP AND THAT nE MaVJWNZS ARE; OR M U BE SLFnWfT ro EALANE nE SURIf'I' ro !E NEW = AM 7hAT US FNAL YAP SUBSTANBaY COWOW ro WCaV70OALLY AAVOW IENTATIE YAP. PC SNVEY IS RRLE AAD CSFUIED AS SHOWN. EMTE- DCLKiAS E DEIDfTL RC£ 26DM yMr. MY REMSMAVON E MW MARCH 37, 2071 4 COUNTY SURY£MS STATEMENT nZ YAP COFARYS TO 77E REOLAREIE lI O' 77E SADI119LW YAP ACT AAD LXU ORDWANCES. R FERMY STATE THAT 7NS YAP HAS BEEn EXAYAED BY LE OR LAi1ER YY SUPfRMS1YF AND FOND m BE SUBSTANIIALY RE SALE AS 17 APPEARED ON nE WA77If YAP Or Me AA Jf1BD As FMED, AWAM AND APPROVED BY nE BOARD OF SUFERNSORS ON NOMMER 21, 29M BE fMM¢I77 N N05 21, 270%1 ATV THAT I AY SAnS ED IMSMAP IS XCIMI LY COMCr. MAN N /ESS Y 91f'YAR N VAMb :7 LS IBA( OP.12-M /2-J1-09 (a, BOARD Or SUPERNSOIRS STATEMENT I E CONTY Or RFMME STAR? ar CALFaM BY INSOWD W SFERNSan FEREBY APFNOWS BE TRACT YAP AA® ACCEP75 TFE wa Or OE V WV /u0E IETEON FOR RaX ROAD AAD PUBLIC UTIITY PLAW = AM AS PART OF BE COUNTY YANTAMED ROAD SMM aRECT m AUPROW30OTS N ACCORDANCE W7H COAVTY SMAVARDS VE MANAGE EASEAEVT DE U7m ro PUBLIC LISF, AS 90MV /EIE01L F5 ]AMY NOT ACOP7m Ac (MINTY EB.SD'E A BY: ATDSn RE BOARDW NSORS NANCY Raum aDw ar HE M�(,F/S/�'J�E,l/lnN(]FRS '-" BEPDTY TAX COLLECTORS CFR7FICATE R F®EBY CERTFY Bur AGOOR WD m nE RECO US Or BE aWC& AS Or BAS 947& )HERE ARE NO LENS AGINST BE F7Raw" s7DIN am RE WnW YAP RN LAAW STATE O MTY, KAWCFAL, OR LOCAL TAXES, OR 91i= ASSESSUEN7S CDUSCIED AS TAME$ EMTEPT TALES OR SPEAIY. ASSESS ENTS COLLECIED AS TAMES NOW A UEN 9FT NOT IET PAYABLE WNCH ARE MW LED m aE ! I,aW- DARII'Q�L BC emLm AEPN/' PALM YrDaW04 OOrAVyY TAX LULECRW TAX BOND CERTIFICATE I RMY CE7RWY nIAT A BOD N THE SUM OF i 31. Vim- HAS aMyy E7MU AND FLED WZH TIE BMID Or 9FERY1SURS Ar TIE COUNTY OF MER.QIE CALFORW,S COIDNRWID LPON nE PAHENT OF ALL TAM= STATE, O7CIVTY, YUWTPAL OR LOCAL AAD ALL SPEM ASSE32e 5 COLECED AS TARE$ MWOV AT WE TEE Or BE FIND Or 770S YAP WN BE COUNTY RECORDER ARE A LEN AGNST SAD PRWERTY BUT NOT YET PAYABLE AND SAD BOND HAS BEEN OILY APPROED BY SAD BaAlD Or SWERN50RS MSN TAX BOND NANCY ROERO PALL McDLW1ETL CLERK Or BE BOARD Or MID? = & COLNIY TAX COLEC700? Br. DEPUTY BY , BEPBTY SON 'A' F 107000 54 PA RJWO S8811 IN THE UNINCORPORATED TERRITORY, COUNTY Of RIVERSIDE; STATE- OF CALIFORNIA SREET 2 OF 11 SHEETS TRACT No. 34180-4 a MG A 571BDMSM OF A PO7710Y OF 77ff NoRWAST 114 OF SECWN 24 70NN91M 5 SOUR( RANGE 3 NEST, SAN a9MRMW AOMW AOCMMC RI 71 E 01WAK P1Ar 77/ XW. DOU[,iAS BENDIER AND AZWA NS DMAS W. MOM RCE 28946 NOVEAIK 2006 NOTARY ACKNOWLEDGMENT STALE of CA FARM ) ) ss LOLMir ar MERSDEav ) aaascwAce�fn>t a-Btt'aee+iESnraM_ lylrPl�v�smlAintQ Ptblic tl1.4'�JLicT'1/"1w.wn} rh V �i+na1 T�f11 i'E PLRSUVALLY xwm IV AE �nr K C1NPY ELMFLFl ro BE SE PERSNY(S) NNog RAYS($) J%W 985WM m TIE AMNV MSWRAeff AAD ACO&MRSM m IE NUr AA'., "?bEY DEano 7NE SATE AV H9'l9t1REIR AVROWD C4PACIT41% AND INAr By AWAMRIVER SA'xVATI w) ov TIE _ACM E O4 _fiE fN!!Tr LHCW BQfALf OF NRY71 RE PfRSW(S) Mr PMVCFAL PLACE LLF BShM IS MPjVtrcdr cawrr NOTARY ACKNOWLEDGMENT STATE o< CALFa?AM ) CaMTY Ow' le'MME ) � P�eLtsM,,5Vr 2eo 1 If ScoAallgAfDfaPC?[ I� ML PERS MLY XWW m AE m BE IW FDWAyBr WARE NAAIVy) 1AV-ygSpg0 m TTE ff7hW A67RIAEA7 AAD AaOVOXtfDSEI ro YE AT hE/8'ly/NEr'E.1Ea/lID THE SATE M FLS/]6tfB1EW. AURKWf® L:Y°Aa11j;1�AAD THAT BY NSjASR)7£EN7'SNMAICW T1E ACZER LIE OR TIE ENllrr UVN WmLF or W#aj IW pDVW N 7mm MY HAf&,- • / NOTARY PU& C M 40I qV SID STATE (PRAYr NANO �(,ocJ.e�leNl. Skbnc./� Alr AL a< erg a M LvtRs/lC �,Ty rYromms o E�wAePs �aSi �i �O�/ NOTARY ACKNOWLEDGMENT SWE AGW - ) CCUNTr 0/' oo,+ SS av PPIERsayu/YY IZ_ Viam*_ A-E NP PR� L11m Y!CE Ly � 1/S m HE WEpSw 1SMAENrroay)EMEv HE &ASS OF S47MACYYEHM AAD ACFMXa=Tp An AUIIA %Mo cwAar04 AAD 7H4T YB ie6�tiR� 9"� M IAE MSIRIAENT RE PE wol at RE m m ~ BEHALF of MxSlwAw"CSJ ACIM DEMM TIE A57NAWX W7AI S NY HAAR M AND PNP SAD STATE EY PRMpPAL PLACE W BLWM 6 YY LYVNNSSAWI Dym i?/-.Io 9 e 6ct. IN THE UNINCORPOR47ED 7ERR17ORY, COUNTY OF RIVERSIDE; STATE OF CAUFORNIA SHEET 3 OF 11 SHEETS TRACT No. 34180-4 ry SING A 9MYl SM OF A POR77ON OF Tiff NORW- ST 114 OF SEC7K9V 4 u 70W9W 5 SOUN,, RANG 3 KSr S4N SONARM MEMW ACOpP0W 70 THE n 97M PUT THEREOF WII GRAPHIC SCALE DOI/ W SWM AND ASSOW 7ES O "r 2F . D ea7 DOu AS W. BENDER R.GE 28946 0 NOI M&R, 2006 „E RwD u 1 1mn - 2W fL BOUNDARY CONTROL MAP MAKE aura NCCALL "10 PAW ,CXLC � 9W°?nima0NMA= supso7 sxD ,TAM LdUW(FAIDUMMAMAMMDrM � Sl TE `.407 g w /e:IIPnvnT ROAD N ! Li '° J, 8MM2 VICINITY MAP ftw7 •� x Jr ro 7 1e 7 e S NOT ro sC&C 17 11 J: Jr •rD S.V i� �j N N$ aNu mQN aero] 74 "` 4iEL�aIr � am nazr R.S. 116/98-f004g(E46ORTION SW4 524, Tn RJJ e12 Is7� 19n 11 x mArm Ani w aT m n ' 25 e7 aT m a m >s E�p�T�1� ¢ GRAND AVENUE low RUW ROD.R7 j�i1 IQ S�T�` Eall i i ysy e7 m m N m e7 er 'p I2'i 34j80'2 n 8 n a u w w 1 eqp, i m 1 ncacwr aASCD mfc L ; IOa Iw I0 rm ror V.B. e7 108 107 Im too 110 I W nJ 114 nr _ g li V • �/6HT 5iyo9E Ca 1/E , rw 123 m Im ne ne rn it, It$ to 12F rz7 In 120 rs 1O rN I i 1J0 an a+RLTmr aa7r Caw TRACT 34180-1 R-ema1' gr�sY � iN nJ 1e7 1O 140 a7 LH In rJe rs (entw'+o' I` II M1 LOT 1 L IT°LIYJ I 1 Lori -_-�- f m LOT T �' m• !! 1• 57RP �- +a ur Im ND /a 10 10 10 M.B. `/i9/93 4S �� i I9 i HERITAGE LAKE , �ssdezl 10 1sr L�,� t DFJVE MT v' FOR 0) 111 I SEIRCI .t C 11e /I° Ife 11� IIa tla nI It. IN lee 121 1 ,NM LOIMG Ia in 1n I7D 16y Im w 1o/ IN / IA • Ii� a Its r I I ' BLEatL v DI NAaD7 tA�E �"3-•l ;•yr11 � ` a a m N t ° ' xl sxTn Im 1e7 a71w W 1m l tq ry a a x IT ° j `p 7 -; t---L_T-tea O5• II I m ffi.d N ,j, a x Y a el O T 71 77 e ',- -- feI1147 er i0 p u 6 N 4 N Q N N 31 m ' ,Q767 3 N OFIN VAX 124 0 >• � Is ee a T Y A 11 n p 1 a'IJ rJ 7e 1 9 m A 11 a1 �6ps n n n a N a °7 a p 7J 11 I I I W Oi y, �.E �iSJ 'Y'I ID IO 8 m n m I tl °I 1 9 fx n 0 a to i i—I 2 I iUj s �¢Is �g``u f7 ° se s7 n zt x21 m m s m rD n u I I a W fat Jr Jr n e _��L _ - to r°•� ws 7D 7 e s 1 J s D a al t a sa a a x a u u nI° k Ja.l Ihwow e' la Old vra i----+, 7°•' ' --- ------ PARCEL 11 �� SIMPSON ROAD A aLR RR r-r' --------- PARCEL 2 PARCEL MAP NO. 21187 PMB 136/3-4 S N (D� • IN THE UNINCORPORATED TERRITORY, COUNTY OF RIVERSIDE; STATE OF CAUFORNIA TRA CT No. 34180-4 BLW A SUBMl45LOV A° A PMBAV 7FE NOV)HEASr f/s OF SECT Mf 25 TONNSW 5 SOV714 RANGE 3 NEST, SAN BQDVAROBND AER8ILIN AIXbRDING 70 771E OFFMIAL PLAT R&IM. DOL42AS 8END& AND ASSOa4YS DOU!>YAS W. BENDER R.GE 28946 NOVEaBK 2006 EASEMENT NOTES. 0 DRAWAGE EASEMENT TO PUBLIC USE; AS DZVCA70 HEREON MONUMENT NOTES. 0 FOLMO I' IRON PPE TAGGED TX 28946' M M M4 DO W 1.5, AOWIED AS CENTER 1/4 LWAX SECTNAV 25 PER RIV. CO FB 1027 R FB 20OP AND Rl. 2p FMW 17ROV PPE; RL69 TAGGED 2S 7MV PER R2 ❑3 - 1-1/2' TAGGO 7S721, FLUSH, PEN Rl p FOLBBI I' MOV PPE AA® TAG 75 Mr FLM PER R2 ❑5 FU MD I- MCW PPE AND TAQ IS 3640; FM.61( PER Rf, ACUPIED AS NEST 1/4 CoMet WCWN 21 NOTES. CCR. S PER WS>: Na a` WA- M.SL/Lo 22 REG S11310, O.R. ENGINEERS NOTES' SHEET 4 OF 11 SHEETS • MNV AM FDUALD 1' MOV FPE TA060 ROE 28W6; FLUB{ PER TRACT M70-1, Ili J77/44-53 MISS OVE MSE NOTED. ■ REVCARES FMN 1' 8NM PPE; TAWM 7S JW FIILSI7 PER TRACT J4180-1, MO 4i9 /43 -y5 rMtFss OTHNR W NOTED ♦ =ZU FO14� r' MON PPE TAGGED ROE 28W', FLLISL PER TRACT 34180-4 Ltfl [fag/53-LOTIMQS oTTmrTYSE nnTEu 0 MDIA7U SET 1' LP. TAGGED RCE 28948; RIM L88ESS 0774ERMrSE A07M SET 1' LP. TAGY.'ED WCE 2AW,, FEUSL AT ALL REM LOT DOWNS AND ME? CUI8ACK5, MESS OT/IERM19: NOTM SET LEAD All® TALC TAX0 RLr: 28W8' M TOP OF a M AT THE PRMOVAROW OF WE LOT LIES ALL MUMS ARE SET A1M TAfN'f, D PER OWWAMX Na 461.1O ALL MOWAiRM 910NN SLT Air ACCOWAME MIDI THE MOWMLENT AGWEEWWT FOR ITE MAP. ////// INDICATES RESTRICTED ACCESS (J PWATES REMW d MEASIREO DATA PER TRACT 30)05-1, MB J77144-53 () M8 W R � 3ME D DATA PER TRACT MSO-i, I) WVATES RECTRD & WASURED DATA PLR TRACT 34180-4 Ms 414 /53-(oo Q]I WCAMS RECQW &WARRED DATA PER PAS 136/3-4 fl) AWXOIIFS RECORD R LEASIRED DATA PER PMB 80/18 R1 MUMS DATA PER TRACT 30705-1, Md J77/44- U R2 owrA7Es LLATA PER TRACT 34180-1, LL6 489/43-45 PZ TRACT L'ONTAW 31U ACRES OumaE EASnom SdLL LE KEPT FREE a, BUNDINOS' AIM ODSV CWYS `--- INDICATES CENTERLINE 30' WDE ACCESS OPENING CS WDICAW OPEN SPAW LOT BASIS OF BEARINGS II$ SEARRUS SNOW NER£OV ARE BUM LYV 71E CENTERLINE OF SLLPSM ROAD As sww DN TRACT MAP N. 3D706-L EEE 377/44-53 B Nc Aram 8B'i4W NEST ENVIRONMENTAL CONS7RAINT NOTE ENNRCAWWAL COVSTRMIT SHET A•TECTWO TINS U4P 5 ON FIE H BE Comm w MMRSOE 7RMSVRTAWN OD AR MENT - S WY MOW M ECS BOGY 40 , PACE 7 . IS, IN THE UNINCORPORAMD TERRITORY, COUNTY OF RIM?SV& STATE OF CALIFORNIA SHEET 5 OF 11 SHEE7S TRACT No. 34180-4 BM A 2MWSKW OF A PORIIQY Cf OE NOR7NEAST 114 OF 5EC7/0V 25, . 7OWSW 5 SWOt RANGE 3 Z SAN BfRNARD9�'O MER10�AN ACCOMM 70 ME 0FROAL RAT MEW. �( DO EAS BENDER R.G.E.O228946 SWMUUfiFffra.e E9* eAM j NMEWBM 2006 .. Em'DE MEswiraoamwrcamaW.. i SEE IRWM&XV.. amfi* Lcj(+eji P SlAIPSON ROAD (ti'sanrl — i RO+�•veit pl 3 i ------------�y ----— DETAIL 'V'----------- Otis+ PARCEL f PARCEL 2 stave r o PARCEL MAP NO. 21187 PUB 13613-4 >ten�ua +esmau+Tue�r e $i g^ a LOT 0 I ---- 7 �I Lu�7 DETAIL l' seam r.0 LOT J r awa SSA SW IEM "r 1F7CW RWN "7 2"r glar --------------- Cso7 jern �' 2+LSe = sl2rjr -f-�-- E�'vT ----- new E sWMS RDAD �rmmv iLOT 1 I DETAIL 'J' swe +-rc DETAIL 'K' scum rrw 0 W ; as ,ad A-Lov ---------------------avou soolae - ,. -- -- ----------- -- i---m---------------------------- g 33vdS rv3da �a� a3HS Y 0 I_ 3 107 --- h $ � I ao o a C 11-21 O =�Y 37J610 AYB NOOY39 _ - 0 107 N O b ly 3JYdS N3d0 w / / N a W 370_ar� s3/xs ANao15 O I � , �OQ`� I.� - AYM $77Yj A17N3U35 ----- M B 107 Z \ 12. �4roL y 'Q o � % /b J�6N ]T1� f F-0viOT 10m O K NR \ n Q I zR \ IN 7HE UNINCORPORATED TERRITORY, COUNTY OF RIVERSIDE; STATE OF CALIFORNIA SHEET 7 OF 11 SHEETS TRACT No. 34180-4 SEW A SN MSION O' A PORTION Cir 7NE NORTHEAST 1/4 OF.SfCTIDW 15 7OW& W 5 S M RANGE 3 NEST, SAN SERNARO/NO 1ffRl'WAN ACCORDING 70 HE OfFM PLAT MEOS DOY/C1AS BENDER AND ASSOgit7ES r G� DO AW W BENDER kGE 28946 GRAAPHIC SCALE NORNM,, 2006 BB B BB rm r ry swmu4 a, m ROBum"mn 1 inch 50 ft MWIE (PGA a. W. -� `� • SEE aWJRN BYADWeffff brB IDEF o m ma Aw.. 43 V O 123 ow sw .+gBeBa'c'sgr n 42� 41 40 !, ,u SEE SHEET 10 GA N=mv Q/ L-K/B• Sze CEM A'SEET It q 121 tl $g n N svALE %cJ '-- Na LA-AWW nJar r 54 0 A UAW r - t-esraara• N-B1ar �• >p Naar 55 L-sar a" Harr a m 45 . i rxm na 53 11 6_$l 8 56 v — 37 I y 16e A�I bL B.i 2CW ffikf' w a; � L-aw i ten• Ma•M IV 52 ar 7.; re' +tea � ffi ar L-1;rr 57 �S 7 >I 36 k I 47 I at -- I 51 o I R 56 A �I _L y LIU n a 55 R I 14 48 Mp Q 8 aD ---MEN=nr. I rm I y 59 a W n g i �� /s. 1 A 7tBbr r� _ ••''fit L-I z aB°p �. ar�"m�vmL��rssrs ' pP34P c LOT A atv� N-rzxar u. rrXd1 R�''BC �-�L 2r �n'rzr E WAYL" ie L- fir+ MARITIME ' - 'r8 �"x+'inn—m'L-TioRm. _ar�rhr __I �!'y L-wo biBaYlY 19� e- N trS.,ym Urarw Jzr�r G-mrr�r„ asapr "mararnlirN- gq��rm L. yb� t-°� ` Lava M trm.>'' i 27 26 25 24 n 33 31 31 - e 30 21 28 - wm S �'E 1. Aar mw mar Aar ;ww Am' A �Y ------ rse7 JBaar fu. 1i71'IBt SEE DETAIL V SWT n ?e¢ arty SPA¢ LOT A TRACT 34180-1 Mey2q/43-45 SIMPSON ROAD aOrAFRAV LOT A ---------- _-,�--�,---------------------------------- c f IN 7HE UNINCQRP0F.A7ED 7ERRITORY, COUNTY OF R/W R.W& STATE OF CALIFORNIA SHEET 8 OF 11 SHEETS TRACT No 34180-4 B9W A SUBDIVLSIOV OF A PORNON OF 7HE NORINEAST 114 X ZC71ON A 70MMF 5 SOUIN, RANGE 3 NEST, SAN BLRNAWINO AUMAN ACCQWW 70 IIE ORIM PLAT ThOWW. GRAPHIC SCALE oouaAS BDW AND ASSOCIA7ES r so o n so IF mo Douam w BENDER ACE 28946 NOWW R 2" n(or rar ) IWI 1 lach 60 it N07M+ a-n ra nAi[neS noBS IIQ/IE87M7¢S HL$ OF OFMBnN77es arme.xo Ea rmt �aeEaraeeawwrcaraa+rw sts�r� rat �otx ¢t? AEMVJE aMY SRACE - O �g11 SEE DE;A2 b; SnT11 TRACT 34180-1 M94-?,* 13-46 mw.u11=r LOT A SIMPSON ROAD aorA_AV LOT A R �W7 ------- --- ----------------- — (rffiu" Saar? --MA LOT 8 I� S 9 IN THE UNINCORPORATED 7ERRITORY, COUNTY OF R/VERSI & STATE OF CALIFORNIA SWEET 9 OF 11 SHEETS TRACT No. 34180-4 BEEVO A SMM W OF A PAR7KW O° THE NCWRM 5T 114 O' SECTION 4 7MSW 5 SWN RANG: 3 IfEST, SW !> AIE16DIAN ACCaW 0 70 IHE OTIOAL PUT VEWW. GRAPHIC SCALE DQ'AW BENDER AND ASSOL7'A7ES , so o Js Jo roo ,Jo DOM" W BENDER R.O:E 79946 NOIfMB&,, 2006 n IIIi11 h-50 JII 11fL .4IF� a'n AN BONE"JIM III EtSSIM NONE USTIM AID' ff ff-4WW R. m'mZ arse Aa AO[mW L1T/ll0l Ar. SW 9Ef I FM IMMIR i LOT J LOT B geAVMAIM SEP Yr 1 LOT I a I _ - sl THREE KLIK ROAq _7500 i ern sear I xw 111 110 a 109 a 109 1} t I ' 1/3 I11 v gW + L-I56A71 Iis,sttlE o-roJr F1 ,rli L ,.NA,C -I- nensm'e I, tr �Iy .-OTtrr� 'Y 0'OS p„p{W tr -� TWIN LAKES ROAD � e.,w�r t o-fa.,r r.rfs'ao'E rnY s 1 !01 c f01 100 lam --_g 104 103 h O fAT ~ now s9Jr xx a 93 - 94 raoo' mor a toi LOT F g - 90KSIDE DRIVE Ik Air _ $ MV 21 Jr or 9B > nor W P MacyW I VJ 95 !1 96 _ F X 97 y � ?Jr y SEE SHEET 8 W7 LW ' LOT B 1 imf R 5371 2 %moil" rr I 3 (u7I wmraEmc 4 R trx 5 LOT B � 0 O fow R] SEE SHEET 8 0 IN THE UNINCORPORATED TERRITORY, COUNTY a- RIVERS/D& STATE• OF CALIFORNIA SHEET 10 OF 11 SHEETS TRACT No. 34180-4 BLNG A SUBG'NShW OF A A 77 N tT 11g N6471ff ' aF MUM 25 A" TGRNSUIP 5 SOUON RANGE 3 NEST, SAN, ARDIN01/FRIDIAN AGOG 70 M OFF1(YAL PLAT NOW GRAPHIC SCALE SD 0 b /QO 7J0 DMAS BaM AND ASSOCIATES i DOMAS ��pD�ER I�ri.E 2�� NOb WaM 2006 ( IN 1 inah - 50 SO 8 SW SUT i OF H)m swam NU aaravrAm MMAB7AV2X AM W WWW AV iN Aos: s3&7JmtMMW==W. sa SaTe ra mumv.. l#R! nay p As r O A t 117 � 116 115 114 „e /19 s R �� Nnm�� Via• c,uvs i ,�j �y� Mrie• t�.etm' \ PyP LOT H TWN LAKES ROAD ,r\ 120 -- a �i y�� � L.Vaff106 o-a$ur c-e2.ss' s ,03 �o o 6'P�4 i B8 IN ry .ex naur r my sa Lram Taw it �p 9 OS 23 123 MV 5-ACE / a L-usdy �§ 87 � � tor F L-2sr..rrI = n,— OR/ --- �.•— V£ L..naeu• � ra:oL+� 86 a" L.;MW m a ~ a 85 m LOT rar °j 84 _ 83 82 S£E'/E� T 11 0 � ,m,H MEN VArc 3 IN THE UNINCORPORATED TERRITORY, COUNTY OF RIM? -VD& STATE OF CALIFORNIA SHEET 11 OF I SHEETS TRACT No. 34180-4 8W A STAIOfWSM O<A PORflON OF RE AK1477EA5'T 1/4 OF &T770Y A IDlMV571P 5 .A71U1H, RANGE RWL RAT MEW. MERID/ o AN ACL�ING 10 RE � DETAIL B' DMAS BENDER AND ASSOCIATES SALE r-'e0' r DOI" W BENDER R.CE 28946 NOKMB&,, 2006 mOlm �Av�nin.aee7No= � �§THREE KLIK i 6fAU01 aS miE ROAD SwanTi RnBMW cmm NA4 M> e7 LOT 1Y1. arsaTe Rn tm'.N. ' .NBA'S7-. DETAIL "A' " / ap 2 ICDN BAY CIRCLE L0T 1204 41 f A pOa � DETAIL LOT D 6 3 StiAIE: 1'-30' � � IP i .O> � Q 1N LOT D 42 a. DETAIL C r pry .scue ,--so• i 41 / nA DETAIL E" W srue r " dN• 1s 15 1p0'164?T NAN39iTi 17 o-,ovis IOaa' ie R�80A0' o-°'Nana cum neirze'mR 172 Rw' g i` Rd000' samp w7 p .,'(�� \�'•�Nl� I' fsN7s7T 84 "aam' aSBeP5071 ROAD d c-rare/ R J l m m sOW m m m n m a u v a a m n m n n S I I Nesieur - _ _ PAW LOT A SIIIPSON ROAD mAa LOT A TRACT 34180-1 MBy2?143-45 DETAIL 'D" SCAM / 1-100' EXHIBIT "B" FORMS FOR SECURITY [ATTACHED BEHIND THIS PAGE] EXHIBIT B-1 TUMF Agreement — TR 34180 Menifee Development, LLC FAITHFUL PERFORMANCE BOND COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Streets/Drainage $ 1,081.620 Tract No. Miscellaneous Case 4121 - Water System $ 26,500 Parcel Map No. Sewer System $ 4,200 Bond No. SU5023502 Premium: $13,904.00 Surety _ Arch Insurance Company _ Principal Menifee Develonrnent, LLC Address 135 N. Los Robles Avenue Address 255 E. Rincon Street. Suite 200 City/State Pasadena, CA City/State Corona, CA Zip 91101 Zip 92870-1330 Phone 626-639-5256 Phone 951-898-5556 WIIEREAS, the County of Riverside, State of California, and Menifee Development, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreements) whereby principal agrees to install and complete the above designated public improvements relating to (Tract/Parcel) Miscellaneous Case 4121 - 34180- 1 (Backbone improvements for 34180 -2 -3 -4) — Briggs Road between Simpson Road and Grand Avenue, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required tinder the terms of said agreements) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal and Arch Insurance Company, as Surety, are held and firmly bound unto the County of Riverside in the penal sum of One Million One Hundred Twelve Thousand Three Hundred Twenty and 00/100 Dollars ($1,112,320.00) lawful money of the United States, for the payment of which stun will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. *Tract 34180-1 (Backbone improvements for 34180, -2, -3, -4) FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agwement or to the work to be performed thereundet or ihe.speciEcatiom accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. When the work covered by the agreement is complete, the County of Riverside will accept the work and thereupon, the amount of the obligation of this band is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements(s). IN WITNESS WHEREOF; thiOnstrument has been -duty executed -by the principal -and -surety - - abcivenamed,-on NAME OF PRINCIPAL: Mcnifce Development LLC AUTHORIZED SIGN, Title Title (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: AtchImurante Com an AUTHORIZED SIGNJNVFURELjajAX—=E C e tiaestas Its Attorney -in -Fact 'Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTAWAL ACI:NOWL1;DGi+IF.NT OF SIGNAWRES Ole PRINCTPAT, AND ATTORNEY -TN -FACT. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On before me, Twyla A. Sauro, Notary Public (Here Insert nameand title orthe office) personally appeared Christine Maestas P who proved to me on the basis of satisfactory evidence to be the persons) 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(tes), and that by his/her/their slgnature(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., (w) I I in r4 q � f SO'- ar Wyla A. Sauro, Notary Public TWYLA A. SA R Commission # 1724323 am Notary Public - Caiilornia Orange county A�'h', Con'trn. �xs-�irss FPti V. 2011 (Notary seap ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT t�L t'--- ( e L a k.0r (Title or description of attached document) • _SA 50a3Saa- (nile or description orattached document contlnued) Number of Pages Document (Addidond Inrormallon) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) to Corporate Officer Mae) ❑ Partner(s) ® Attomey-in-Fact ❑ Trustee(s) ❑ Other 200g Version CAPA vl2.10.O7 8M.879.9965 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Aty ecknowledgmtyrt completed In Califortda must mmaln verblage eractly as appear above !a the notary section or a separate acknowledgment forru must be properly completed and attached to that document. The only exceptlon is if a document is to be mcorded outside ofCallforals. In such ituYauces, oily alteroative acknowledgment verbiage as may be primed on such a document so loud as the verbiage does ad mquhe the notary to do somtething that 1s 111e891 for a notary lit Califontla P.e, certil}ittg the authorized capachy of the slgnerj. Please check the document carefully for prgXrnotadal wording and attach th/s form IfrequIred, • State and County Information must be the Stale and County where the document slgner(s) personally appeared before the notary public for acknowledgment. • Date of notariraarm must be the date that the signer(s) pen ow Ily appeared which muss also be the same date the acknowledgment is completed. • The notary public must print his or her tame as 11 appears within his or her commission rallowed by a comma and Iben your title (notary public), • Print the names) of document slgner(s) who personally appear at the time or owartzatton. • Indicate the correct singular or plural rorms by aoutng off incorrect roans (I.e. Wshehheyr is /we) or circling the correct forms. Failure to correctly Indicate this Informatlon may lead to rejection of document recording. • The notary seat Impression must be clear and photographically reproducible. Impression trust not cover text or Iinm If seal Impression smudges, re -seal If a sunlcieni areapermlcs, otherwise complete a differeni acknowledgment form. • Signature or the nauuy public must match the signature on We with the orrice or the county clerk. fi Additional Inrormallon Is not required but could help to ensure this acknowledgment is not misused or attached to a different document. fi Indicate title or type orattached document, number or pages and date. 0 Indicate the capacity clalosed by the signer. it the claimed capacity is a corporate officer. Irtdlcaie the title (I.e. CEO, CFO, Secretary). • Securely attach This document to the signed document `OWER OF ATTORNEY Know Ali Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred t0 as the "Company") does hereby appoint Paul A. Bland, Dana L. Dowers, Sandra L. Sikora and Christine Maestas of Irvine, CA (EACH) Its true and lav4ui Atiorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this pourer for and on its behalf as surefy,'and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not peirmlt the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of a,iithority as set forth' --herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all lntenis and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at its principal office In Kansas Cit�.,lis�i.;;, t: %Sj. L {Xi ^.%!.[ai2.4;`'.f N.:)::t5�/1}lf. J•� This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -In -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board, of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On April 11, 2008 before me, Sarah McPherson personally appeared Michael J. White Notary Public who proved to me on the basis of satisfactory evidence to be the person() whose name(p) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/hed4helr authorized capacity()esj, and that by his/herfthEit• slgnatureA on the instrument the person(or the entity upon behalf of which the person] acted, executed the Instrument. I certify under penalty of perjury under the law of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SARAH MCFHERSON Commission # 15304 ` i "a Notary Fuc - California Signature M�� bliRiverside County Comm. 6'as Ntxt27, 2008 Description of Attached Document Title or Type of Document: Material and Labor Bond Document Date:y2aroe Number of Pages: Signer(s) Other Than Named Above: Christine Maestas Capacity(fes) Claimed By Signer Signer's Name: Michael J. White Individual 'ate Officer -- Title($): Authorized Representative r -- Limited, General Trustee Guardian or Conservator Other: Signer Is Representing: Standard Pacific Corp. MATERIAL AND LABOR BOND COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR: Streets/Drainage $ 540.810 Tract No. Miscellaneous Case 4121 -* Water System $ 13,250 Parcel Map No. Sewer System $ 2,100 Bond No. SU5023502 Premium: Included in charge for performance bond Surety Arch hnsurance Company Principal Menifee Development. LLC Address 135 N. Los Robles Avenue Address 255 E. Rincon Street, Suite 200 City/State Pasadena, CA City/State, Corona, CA — Zip 91101 Zip- 92870-1330 Phone 626-639-5256 Phone 951-898-5556 WHEREAS, the County of Riverside, State of California, and Menifee Development, LLC(hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to (Tiact/Parcel) Miscellaneous Case 4121 - 34180- 1 (Backbone improvements for 34180 -2 -3, -4) — Briggs Road between Simpson Road and Grand Avenue, which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under the terns of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the County of Riverside to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Pail 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are held firmly unto the County of Riverside and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of said Civil Code in the sum of Five Hundred Fifty Six Thousand One Hundred Sixty and 00/100 Dollars ($556,160.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the County in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. *Tract 34180-1 (Backbone improvements for 34180, -2, -3, -4) 6 MATERIAL AND LABOR BOND The surety hereby stipulates and EWees that no change, extension -of time, alteration or addition to tho lemis of this agreement or to the specifications accompanyhIs the same shall in anysvise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tune, alteration or addition. Surety rmther stipulates and agrees that the provisions of Section 2845 of the Civil Code are -not a condition precedent to surety's obligations hereunder and arc hereby waived by surety. IN' NMINESS WHEREOF, this instnanant has been duly executed by the principal and twev above named, on MgTch24,2008 . NAME OV PRINCIPAL: Menifee Development LLC BY: Standard Pacific a Delaware go ember rporatim 'AUIITORIZ-ED-SIONAT[JRE(S-)-.-By,-- _.,6- Tit, uthonzed Representative Title Title (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Arch Ins urance-Comnanv AUTHORIZED SIGNATURE: Chr st2iueHaestaa Its Attomey-in-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND KrrORNEWN-FACT. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Aar l—`—`� before me, Twyla A. Sauro, Notary Public (Here Insert name and title or the oMcer) personally appeared Christine Maestas 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 some in his/her/their authorized capacity(les), 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. TWYLA A. SAURO Commission # 1724323 WITNESS my hand and official seal. . •a� Notary Public -ryrange cornia nliy tNComm. Wes Feb 9, 2011 S t re of No b0c (Notary Seal) la A. Sauro, Notary Public ADDITIONAL OPTIONAL INFORMATION DES IPTION OF THE ATTACHED DOCUMENT I -fir—QiV. V_nr-e-'; tVj Crttte ar descdptlon orattached document) a -- (Title or description or attached document tmnilnueti) NumberorPages Document Dal �� (Addttionhl In format ton) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Mde) ❑ Partner(s) IN Auomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Verslon CAPA vl2.10.07 800.873-9805 www.NotuyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any wcknowledgmartt completed in California au st conwhi verbiage exactly as appears above /u the eatery section or a separate ackltowiedgment rotor must be properly wmplered and attadW to that document. The only exception is if a dacumem is to be recorded outside o(Callforttla. In such butanes, any alternative acknowledgment verbiage as may be printed on such a document so long as the trrbtage does trot require the notary to do something that Is Illegal for a ttotaryln Callforrda (Le. certfoing the authorized capaclry of the signer). Please check the document carerdHyforproperrtotarlal onrdhrg w idausch this fomt!lrequired, d Slate and County Information must be the Stale and County where the documem slgnei(s) personally appeared before the notary public for acknowledgment. • Dale ornotarizadon trust be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as It appears within his or her commission followed by a comma and then your tide (notary public). v Print the narne(s) or document signer(s) who personally appear at the thoe or notarization. • Indicate the correct singular or plural fonns by crossing olr Incorrect Corms (i.e. be/shdtlteyr Is /are) or circling the correct forts. Failure to correctly indicate this litrannatlon may lead to rejection ordocument recording. The notary seat Impression must be clear and photographically reproducible. Impression must not cover lext or hne& if seat Impression smudges, reseal If a sufficient area permits, otherwise complete a differem acknowledgment farm. signature or the notary public must match the signature on file with the ofnce or the county clerk. '? Addldonal Information is not required but could help to ensure this acknowledgment Is not misused or attached to a different docuinem. fi indicate tide or type oraltacbed document, number orpages and date. 0 Indicate the capacity claimed by the signer, if the claimed capacity Is a corporate orlicer. Indicate the title (i.e. CEO, CFO. Secretary), • Senuely attach thls document to the signed document POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the taws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Paul A. Bland, Dana L. powers, Sandra L. Sikora and Christine Maestas of Irvine, CA (EACH) Its true and lawful Attomey(s)-in-Fact; to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,'and as its act and heed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or tatter of credit. This authority does not pefr6lit,the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth' -herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.IjsiSjl,v�;, y. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shah have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. DOMLOD13 00 03 03 Page 1 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On April 11, 2008 before me, Sarah McPherson personally appeared Michael J. White Notary Public who proved to me on the basis of satisfactory evidence to be the person(X) whose name(p) Ware - subscribed to the withln instrument and acknowledged to me that he/shetthey- executed the some in his/herMir authorized capacitygs), and that by his/heNtheir- signature on the Instrument the person(V'/, or the entity upon behalf of which the personkg) acted, executed the instrument. I certify under penalty of perjury under the law of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SARAH MCPHERSON Commission # 1530302 rn� Notary Public - Califoinla Signature S ' Riverside County Ca��, tJov27,2008 Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: x2vos Number of Pages: Signer(s) Other Than Named Above: Christine Maestas Capacity(ies) Claimed By Signer Signer's Name: Michael J. White Individual Corporate Officer -- Title(s): Partner -- Limited, General Attomey-in-Fact ,Trustee Guardian or Conservator Other: Authorized Representative Signer Is Representing: Standard Pacific Corp. DD YYYY) A CORD, 1tTICA t�3'TR?' _ zx o3_�009 eao ER Aonn Risk Insurance services west, Inc. fka Aon Risk services, Inc. of 5 CA 1901 Main street THIS CERTIFICATE IS ISSUED ASAMATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Suite 300 COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 USA INSURERS AFFORDING COVERAGE NAIC it PHo\E- 949 608-6300 FAX- 949 608-6451 INSURED INSURER A: steadfast Insurance Company 26387 Standard Pacific Corp. DBA Standard Pacific Homes INSURERB: Syndicate # 1209 Lloyd's of London 0005FI INsuRERC: 1S326 Alton Parkway Irvine CA 9261E USA INSURER D: INSURER E: _.._ Y$__ ._ :_ §: s ee tns0n DD - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO-RVITHSTANDWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED fNSR LTA A D INSRD TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATEMNADDIVA) POLICY EXPIRATION DATE( DADDlYY) LBUTS A ERALLIABII.IIY HBP938408700 04/01/09 04/01/10 EACH OCCURRENCE $25,000,000 DAMAGE TO RENTED S100, 000 %( CONDIERCIAL GENERAL LIABILITY CLAIMSMADE ® OCCUR PREMISES (Ea occo=r) oxpeson PERSONAL & ADV INJURY S2S,000,000 GENERAL AGGREGATE S30,000,000 GENT. AGGREGATE LLNffr APPLIES PER PRODULTs-cosmnencG $30,000,000 ® POLICY ❑ ERO[ ❑ LOC AUTOMOBILE LIABILITY ca++BIN£D SINGLE urur ANY AUTO (Ea aeldeal) GODLY INJURY ALL OWNED AUTOS SCIIF.DULED AUTOS ( Per perwn) HIRED AUTOS BODILY INJURY NON O%VNED AUTOS (Per aceldrm) PROPERTY MUMAGE (Per ee idem) GARAGE LIADILITY AUTO ONLY- EA ACCIDENT ANY AUTO OTHER THAN EA ACC H AUTO ONLY: AGO 8 EXCFSSMIBRELLA LIABILITY TH0900007 04/01 09 EACH OCCURRENCE ElOCCUR R CLAMISMAME AGGREGATE $10,000,000. DEDUCTIBLE H RETENTION WORKERS COMPENSATION AND EMPLOYERS, LIABILITY II•C STATU- OTH- IER E.L. EACH ACCIDENT ANY PROPRIETOR I PARTNER/EXECUTIVE OFFICEIUa¢a®ER EXCLUDED? E.L. DISEASE -EA EMPLOYEE If Jew, describe wider SPECIAL PROVISIONS F.L. DISEASE -POLICY LLNHT below OTHER DESCRIPTION OF OPERATIONS!LOCAT10 ,SNEHICLESiEXCLUSIONS ADDED BY ENDORSEAIENDSPECIAL PROVISIONS lob Description: Improvements to r`7enifee, North of McCall, in Conjunction with TR 31795. county of Riverside and its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of supervisors, employees, elected or appointed officials, agents or representatives are included as Additional County of Riverside, Transportation Dept SHOULD Construction Inspection DATE ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDFAMM TO SNAIL Attn: Laura Foster, Bonds and Agreements 30 DAYS %%RlrTENNOIICETOTHECERTIFICATE HOLDERNMI DTOTHELEFT, 2950 Washington Street Riverside, CA 92504 USA � �iii�i�lar��r e�►ate AUTHOMZEDREPRESENTATTVEhwWwwwwrotwo f Attachment to ACORD Certificate for standard Pacific Corp. , The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Standard Pacific Corp. DBA standard Pacific Homes 15326 Alton Parkway Irvine CA 92618 USA INSURER IINiSURER INSURER INSURER ADDITIONAL POLICIES If policy below does not include limit infnmiation, refer to the corresponding policy on the ACORD certificate form for policy limits. 4\SR LTR AWL INSItD TYPE OF INSURANCE FOUCYNU31BER POLICI'DESCRIPTION POLICY EFFECTIVE POLICY EXPIRATION DATE LWITSDATE DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES/ExCLUSIO,\S ADDED BY ENDORSES ENIPSPECIAL PROVISIONS insured with respect to the General Liability policy, as required by written contract. waiver of Subrogation applies as required by written contract. see attached Endorsement: STF-�GL-10096-A-Cw (11/08). Certificate No: 570036715944 n LNSURED standard Pacific Corp. DBA standard Pacific Homes 15326 Alton Parkway Irvine CA 92618 USA STF-GL-10096-A-CW (11/06) Steadfast Insurance Company Dover, Delaware Administrative Offices - 1400 American Lane, Schaumburg, Illinois 60196-1056 Policy No.Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'1. Prem Return Prem. HBP 9384087-00 04/01/2009 04/01/2010 75272-000 Named Insured / Mailing Address: STANDARD PACIFIC HOMES (SEE STF-GL-10102-A-CW) 26 TECHNOLOGY DR. IRVINE, CA 92618 Producer: AON RISK SERVICES, INC. OF CA 707 WILSHIRE BLVD. STE 2600 LOS ANGELES, CA 96017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Home Builders Protective Policy BLANKET ADDITIONAL INSURED IT IS AGREED THAT SECTION II - WHO IS AN INSURED, IS AMENDED TO INCLUDE, AS AN ADDITIONAL INSURED, ANY PERSON OR ORGANIZATION YOU ARE REQUIRED BY WRITTEN CONTRACT TO INCLUDE AS AN ADDITIONAL INSURED. INSURANCE FOR THESE PERSONS OR ORGANIZATIONS SHALL BE LIMITED TO THE EXTENT OF THE COVERAGE AND LIMITS OF LIABILITY REQUIRED BY THE WRITTEN CONTRACT AND ONLY WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" WHETHER PERFORMED FOR THAT INSURED BY OR FOR YOU. THE WRITTEN CONTRACT MUST BE EXECUTED PRIOR TO THE OCCURRENCE OF ANY LOSS. THE EXTENT OF COVERAGE AND THE LIMITS OF LIABILITY OF THIS CONTRACT SHALL NOT INCREASE THE LIMITS STATED IN SECTION III - LIMITS OF INSURANCE, OF THE EXTENT OF COVERAGE STATED IN THIS POLICY. STF-GL-10096-A-CW (11/06) Certificate No : 570036715944 EXHIBIT "C" DOCUMENTATION TO BE PROVIDED TO City BY DEVELOPER FOR DETERMINATION OF CONSTRUCTION COSTS To assist City in determining the Construction Costs for a completed TUMF Improvement, Developer shall provide the following documents to City: 1. Plans, specifications and Developer's civil engineer's cost estimate; 2. List of bidders from whom bids were requested; 3. Construction schedules and progress reports; 4. Contracts, insurance certificates and change orders with each contractor or vendor; 5. Invoices received from all vendors; 6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks); 7. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice; 8. Final lien releases from each contractor and vendor; and 9. Such further documentation as may be reasonably required by City to evidence the completion of construction and the payment of each item of cost and invoice. EXHIBIT C-1 TUMF Agreement — TR 34180 Menifee Development, LLC EXHIBIT "D" REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into this day of , 20, by and between the City of Menifee, a California Municipal Corporation, and Menifee Development, a California Limited Liability Corporation, with its principal place of business at 255 Rincon Street, Suite 200 in Corona, CA 92879 ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS WHEREAS, City and Developer are parties to an agreement dated , 20, entitled "Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program" (hereinafter "Credit Agreement"); WHEREAS, Sections 14.1 through 14.4 of the Credit Agreement provide that Developer is obligated to pay City the TUMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and City accepts the TUMF Improvements in accordance with the Credit Agreement; WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF Obligation, Developer may apply to City and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein; and WHEREAS, City and WRCOG have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, the City, and the TUMF Administrative Plan adopted by WRCOG. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TUMF Agreement — TR 34180 Menifee Development, LLC r TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms. 3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement. 4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, the City and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement"). The Reimbursement shall be subject to verification by WRCOG. City/County and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] ("Reimbursement Amount"). WRCOG shall pay the Reimbursement Amount to City and the City shall be responsible for transmitting the Reimbursement Agreement to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.4, 14.5, and 14.6 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are indentified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG. 5.0 Payment of Reimbursement, Funding Contingency. The payment of the Reimbursement Agreement shall be subject to the following conditions: 5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by City in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the five-year Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount. 5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through City/County. 6.0 Affirmation of Credit Agreement. City and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit TUMF Agreement — TR 34180 Menifee Development, LLC Agreement, except by this Agreement. City and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. City arid Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation. 7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit "D" to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein. 8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.7, and Sections 15.0 through 15.17. [SIGNATURES OF PARTIES ON NEXT PAGE] TUMF Agreement — TR 34180 Menifee Development, LLC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. 11 DEVELOPER: MENIFEE DEVELOPMENT, LLC 0 Its: ATTEST: Its: CITY OF MENIFEE: Un ATTEST: Kathy Bennett, City Clerk Wallace W. Edgerton, Mayor Steve Harding, City Manager TUMF Agreement — TR 34180 Menifee Development, LLC EXHIBIT "E" TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS 1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below: a. Prepare a separate bid package for the TUMF Improvements. b. The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. c. Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the City/County. d. The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the City's/County's requirements and guidelines. e. Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction. 2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between City/County and Developer ("Agreement"), Developer shall provide the City/County and WRCOG with the following: a. Copies of all information listed under Item 1 above. b. Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the City/County and WRCOG, guaranteeing the construction of all applicable TUMF Improvements. 3. Prior to the City's/County's acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.3 and 14.4 of the Agreement, and the following conditions shall also be satisfied: a. Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. b. Developer shall have satisfied the City's/County's inspection punch list. c. After final inspection and approval of the completed TUMF Improvements, the City/County shall have provided the Developer a final inspection release letter. d. City/County shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder's Office, and provided a copy of filed Notice of Completion to WRCOG. e. Developer shall have provided City/County a copy of the As -Built plans for the TUMF Improvements. f. Developer shall have provided City/County copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. g. Developer shall have submitted a documentation package to the City/County to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements: TUMF Agreement — TR 34180 Menifee Development, LLC i. Plans, specifications, and Developer's Civil Engineer's cost estimates; or Engineer's Report showing the cost estimates. ii. Contracts/agreements, insurance certificates and change orders with each vendor or contractor. iii. Invoices from all vendors and service providers. iv. Copies of cancelled checks, front and back, for payments made to contractors, vendors and service providers. v. Final lien releases from each contractor and vendor (unconditional waiver and release). vi. Certified contract workers payroll for City/County verification of compliance with prevailing wages. vii. A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See attached sample for details. TUMF Agreement — TR 34180 Menifee Development, LLC EXHIBIT "F" RECONCILIATION EXAMPLES All examples are based on a single family residential development project of 200 dwelling units: 200 SF dwelling units @ $6,650 / dwelling unit = $1,330,000 in fees (TUMF Obligation) Example A: "TUMF BALANCE" CREDIT TUMF Obligation: Estimated Cost: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less Potential Reimbursement: RECONCILIATION TUMF Obligation: Actual Credit: TUMF Balance (Payment to TUMF): Example B: "REIMBURSEMENT" CREDIT TUMF Obligation: Estimated Cost: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less Potential Reimbursement: RECONCILIATION TUMF Obligation: Actual Credit: Reimbursement Agreement with Developer (Based on Priority Ranking): Example C: "TUMF OVERPAYMENT" CREDIT TUMF Obligation: Estimated Cost: Bid ($1,200,000) or unit Cost Assumption ($1,500,000) whichever is less Remaining TUMF Obligation: Prorated Fee: $130,000 / 200 du = RECONCILIATION Actual Credit: TUMF payments from Developer ($650 per unit x 200 units) Actual Credit plus TUMF Payment TUMF Obligation: Actual Credit plus TUMF Payment TUMF Overpayment (Refund to Developer): EXHIBIT F-1 $1,330,000 $1,500,000 ($170,000) $1,330,000 $1,200,000 $130,000 $1,330,000 $1,500,000 ($170,000) $1,330,000 $1,500,000 ($170,000) $1,330,000 $1,200,000 $130,000 $650 / du $1,300,000 $130,000 $1,430,000 $1,330,000 1 430 000 ($100,000) TUMF Agreement — TR 34180 Menifee Development, LLC EXHIBIT "G" MODEL AMENDMENT [ATTACHED BEHIND THIS PAGE] EXHIBIT G-1 TUMF Agreement — TR 34180 Menifee Development, LLC EXHIBIT "H" INITIAL TUMF CREDIT SUMMARY [ATTACHED BEHIND THIS PAGE] EXHIBIT "H" Menifee Development LLC Tract 34180, Tract 34180-2, Tract 34180-3, Tract 34180-4 Initial TUMF Credit Summary List of eligible streets/facilities under the TUMF Program for subject tract: Briggs Road (Lane 2 and Lane 4) Central TUMF Zone Initial Credit shall be equal to the lesser of the following: TUMF Obligation (see next page for Details) TUMF Unit Cost Assumption (see next page for Details) Improvement Costs (Low Bid) (see below for details) Improvement Costs Breakdown Street Improvement Construction Costs (Low Bid) Right of Way Costs Planning, Engineering, Construction Management, Geotechnical Services Improvement Costs Total Initial TUMF Credit: Initial Credit (Obligation, Low Bid or Unit Cost Assumption, whichever is less) Unpaid units Prorated Credit per each unpaid unit (up to max TUMF fee per unit) Total Credit to be applied to unpaid units TUMF Refund: Initial Credit amount + paid TUMF amount Refund (Credit + paid TUMF amount that exceeds Obligation amount) TUMF Reimbursement: Cost (Low Bid or'Unit Cost Assumption, whichever is less) TUMF Credit/Refund Estimated TUMF Reimbursement (Cost exceeding Obligation amount) $ 3,914,190 $ 1,366,582 $ 798,716 $ 506,549 $ 114,618 $ 177,549 $ 798,716 $798,716 366 TBD $798,716 $1,829,180 $0 $798,716 ($798,716) $0 TUMF OBLIGATION CALCULATION Dwelling Unit Type (Paid) TUMF Rate Fee per Unit Units Amount Single Family Residential 2008 $ 10,046 72 $ 723,312 Single Family Residential 2009 $ 9,812 20 $ 196,240 Single Family Residential Discounted $ 4,437 25 $ 110,913 Paid Subtotal 117 1 $ 1,030,465 Dwelling Unit Type (Unpaid) TUMF Rate Fee per Unit Units Amount Single Family Residential Discounted 4,437 82 $ 363,793 Single Family Residential Nexus 8,873 284 $ 2,519,932 Unpaid Subtotal 366 $ 2,883,725 Obligation Total 483 $ 3,914,190 TUMF UNIT COST ASSUMPTION CALCULATION (2007 Costs) Central TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount Briggs Road, SR-74 (Pinacate Rd) to Simpson Road Network Distance: 2.488 miles Road Const 6,548,000 Existing Lanes: 0 ROW/Utilities $ 5,115,000 Increase in Lanes: 4 Planning (10%) $ 654,800 Engring (25%) $ 1,637,000 Conting (10%) $ 1,166,300 Network Road Segment Cost Est $ 15,121,100 Network Unit Cost per Lane mile $ 1,519,403 Network Unit Cost per Lane foot $ 288 Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane lConstruction Limits Sta. to Sta.) Linear Feet Amount 10+40.00 34+14.47 2,374.47 $ 683,291 10+40.00 34+14.47 2,374.47 $ 683,291 TUMF Subtotal 4,748.94 1 $ 1,366,582 TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS $ 1,366,582