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HomeMy WebLinkAboutOrdinances_2366_CCv0001.pdf ORDINANCE NO, 2366 All ORDINANCE OF THE CITY OF REDLANDS APPROVING A DEVELOPMENT AGREEMENT WITH CITIES PAVILLION PARTNERSAND AUTHORIZING THE MAYOR TO EXECUTE THE SAME THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain: SECTION CANE:; The Development Agreement with Cities Pavillion Partners i hereby approved in the farm attached hereto as Exhibit "A" and incorporated by this reference. SECTION TWO: The Mayer shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City and thereafter, this ordinance shall babe effect in accordance with law. ayor of the City of Redlands ATTEST Deputy City Clea I, Beatrice Sanchez, Deputy City Clerk;; City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof' held`on the 21st day of October, 1997, by the following vote. AYES:- Counci members Gilbreath, Cunningham, Lail, Banda; Mayor Larson NOES: None ABSENT: None ABSTAIN None ' Deputy City Clerk t Recorded in official Records, Coumty of Recording Requested By and San Bernardino, Errol j. Mac zum, Recorder When Recorded.Mail to 48-00 » Doc 2 a , 20/98 City Clerk City of Redlands 206 30090489 03 i PO Box 30{15' Redlands, California 92373 a Z M 3 4 5 M 6 1 9 M $: PC FEF APF GIMS PR CPY CAT CPY ADD NM PEN PR P S , NON ST 1N SVY C1T•CO TRANS TAX GA CRRG AM VELC7P T AQREEMENI This Development Agreement is made and entered into this October 21, 1997,by and between Cities Pavillin Partners, a California Limited Liability corporation(the"Developer")and; the City of Redlands,a.municipal corporation(the"City")(sometimes collectively referred to herein as the "Parties") pursuant to the authority of Sections 65864 through 66869.5 of the California Government Code. RECIIALS In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development,the Legislature of the State of California enacted Sections 6 864 g e .of the California Government Cade(the"Development: Agreement Legislation") which authorize the City of Redlands and any person having a legal or equitable interest in real property to enter into a development agreement establishing certain development rights in the property which is subject of development project application. Pursuant to the Development,Agreement Legislation, the City Council of the City (the"Cite Council"') has adopted regulations establishing procedures and requirements for the consideration of development agreements which are contained in Chapter 18.220 of the Redlands Municipal Code (the "Development Agreement regulations"). Developer has a legal or equitable interest in approximately fifty seven ( 7) acres of real property located within the City which is more particularly described.in Exhibit"A" attached hereto and incorporated herein by this reference (the "Property"); The Property is also located within the East Valley Corridor Specific Plan ("E" CSP") area of the City.. Developer wishes to construct a multi-phase commercial and administrative professional use project, the Cities Paillion Project, and related parrying improvements entailing major investment in public facilities and substantial front-end investment inon-site and offsite improvements on the Property (the "Project"). On Auaust L 1995, the City Council approved, as adequate and complete under the Calilbrnia Environmental Quality Act. a Mitigated Negative Declaration for the Project, The fall win development approvals and policies have been adopted by the City and which apply, to the Project. The General Plan of the City which allows for commercial and administrative professional development and related improvements upon the Property, The Project is consistent with the General Plan. The East Valley Corridor Specific Plan,adopted September 5. 1989 which allows for commercial and administrative development and related improvements upon the Property. The Project is consistentwith the East Valley Corridor Specific Plan. The Concept Plan for the Project adopted August 1, 1995, which allows for commercial and administrative professional development and related improvements upon the Property. The Project is consistent with the Concept Plan. A Final Development Plan for Phase I of the Project approved June 24, 1997. The approvals and development policies described above shall'be referred to herein as the "Existing Approvals." City and Developer have to .enall actions mandated by, and fulfilled all requirements set forth in, the Development Agreement Regulations. Development of the Project and the Property in accordance with the terms and conditions of this Development Agreement will ensure orderly growth and development of the Project in accordance with the policies and goals set forth in the EVCSP and City's General Plan. On September 23, 1997 the Planning Commission of City considered this Development Agreement after a duly-noticed public hearing and has made written findings and recommended its adoption to the City Council. For the reasons recited herein. City and Developer have determined that the Project is a development project for which this Development Agreement is appropriate. This Development A ' reef wl11 in turn eliminate uncertainty in planning for and securing orderly development of u the Property, installation of necessary improvements, the provision of public gel-vices appropriate to each stage of development of the Project,and otherwise achieve the goals and purposes for which the Development Agreement Legislation \,,vas enacted, The City Council has reviewed and hereby approves the provisions of this Development Agreement, It adopts the findings of the Planning Corrunission and further finds that the t -- Development Agreement is in conformance with City's General Plan and the EVCSP and.that its DA1311 57LE 2 implementation is in the best interest of City and the health. safety and welfare of its residents. NOW, THEREFORE, in consideration of the mutual covenants contained herein,and such other good and valuable considerations the receipt of%?Inch is hereby acknowledged, the City of Redlandsand Cities Pavillion Partners, LLC. hereby agree as follows: Article 1, —Proj2ertv at�dTerm, Pr-oliertv subiect ta-) this_tD;eN,,elorinient ,,,ki,-,reenieat. All of the Property shall be subject to this Development Agreement. The Parties intend that the provisions of this Development Agreement shall constitute covenants which shall run with the Property. and the benefits and burdens hereof shall bind and inure to all the successors in interest and assigns of the Parties hereto, ie—rM. The term of this Development-Agreement shall commence upon the effective date of the ordinance approving this Development Agreement (the "'Effective Date,")and shall continue until September 30, 2007 unless extended or earlier terminated as provided in this Development Agreement (the "Term"). Article 2. QeveIQpmemof the Property: 2,1 Vested Elements. The permitted use of the Property,the density and intensity of use, the maximum height and size of the proposed buildings, the provisions for the reservation or dedication of land for public purposes. and provisions for public improvements, and other terms and conditions of development applicable to the Property as set forth in: the Citv*s General Plan as of the Effective Date of this Development Agreement; the EVCSP as of the Effective Date of this Development Agreement except as to Parking requirements and standards for theater uses; and the regulations governing signs; the Concept Plan approved by the City onsugust 1. 1995; the Phase I Development Plan approved by the City on June -24. 19911; and the various applicable Fee Ordinances of the City in existence on the Effective Date of this Development Agreement-, provided, however, with regard to such fee ordinances only, the term of this Aareenient shall be for one(1)year from the Phase 1. two(2)years for Phase If and three 3 (3) years for Phase 111, all commencing upon the Effective Date of this Development Agreement. After three years from the Effective Date of this Development Agreement, the fees established by the City and then in effect shall be applicable to any phase of the project which has not received permits during the respective terms specified in this subsection- For the purposes of this subsection. Phase I is defined as that entitlement approved on June 24,, 1 97, and consisting of approximately 55.000 square feet of retail/restaurant uses and multi-screen theater: Phase 11 is defined as 125.006 square feet of retail/restaurant uses; and Phase III is defined as a hotel, two office buildings and a skating rink. are hereby vested subject to the provisions of this Development Agreement(herein the "Vested Elements"). Conaestion Mlanagemgnt Plan. City shall defer collection from Developer of Congestion Management Program ("CMP") related fees imposed on this project from the date of issuance of a building permit for the Project to the date City is required by the an Bernardino Association of Governments, or any other authorized agency or entity, to pay city's fair share costs of any CMP related improvements attributed to the development of the Project. Notwithstanding any other provisions of this Development Agreement, this obligation of Developer shall survive any termination oft is Development Agreement,and shall be binding upon all successors-in-interest and, assigns to all or any portion of Developer's interest in the Property, Should the property be subdivided or otherwise transferred in portions, the Developer and/or all successors-in-interest and assigns shall be responsible for payment of any CMP related fees due pursuant to this section 2.2 in proportion to the square footage of land within their control by the percentage of the total acreage of the project. Further, Developer shall provide written notice of the payment obligation set forth in this section 2.2 to all such successors-in-interest and assigns. The notice required by this section shall be made prior to any voluntary transfer of Developer's interest in the Property, or within fourteen days after any involuntary transfer, and copy of such notice shall be concurrently mailed to the City at the mailing address specified in section 8.2 of this Development Agreement. 2.3) RulesZegulationa and Official Policies. -fl , (a) Development of the Property shall be subject to all standards of City's General Plan. applicable specific plans,City's Municipal Code,and other rules,regulations,ordinances and official policies applicable to such development on the Effective Date of this Development Agreement except as otherwise provided herein. Except as otherwise provided in this Section 2-3-1 to the extent any changes in City's General Plan, applicable specific plans City's Municipal Code or other rules, ordinances, regulations or policies are in conflict with the Vested Elements. the Vested Elements shall prevail. To the extent any provisions of future general plans, specific plans, the City's kMunicipal Code or other rules, ordinances, regulations or policies, adopted on a City-vvide basis, are applicable to the Property and are not in conflict with the Vested Elements, such general plan. specific plans. Municipal Code provisions or other rules. ordinances, regulations or policies shall be applicable. (b) This Section shall not preclude the application to development of the Pre�iect or Property ot'cluinges in City laws, regulations., plans or policies, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. In the event State or WN4 115 7 L L, 4 Federal laws or regulations enacted after the Effective Date of this Development Agreement or action by any goverruriental jurisdiction other than City prevent or preclude compliance with one or more provisions of this Development Agreement or rec uire. changes in plans., maps or permits approved by City, this Development Agreement shall be modified, extended or suspended as may be necessary to comply with such State or Federal laws or regulations or the regulations of such othera 1 11! ,oven mental jurisdictions, provided such chwiges do not substantially adversely change the type of use contemplated by Developer. (c) Codes,ordinances and regulation relating to construction standards or permits shall apply as of the time of grant of each applicable construction permit. article'). Obliaation oft e Parties. 3.1 —Devi e-1-0-0—er- .x.1.1 D_evplgpmgnt of tLig Proiect. Development of the Project on the Property shall be in conformance with all of the terms, covenants and requirements of this Development Agreement. .1.? R-ef k—rendum. In the event of City's adoption of an ordinance approving this Development Agreement and the subsequent filing with City of a petition quafift-ing a referendum thereof in compliance with the provisions of the California Elections Code, Developer shall pay, upon the request of City, all administrative and other costs incurred by city in processing the referendum petition and conducting an election thereon. 3.1®3 C.onsi3eradffl. Developer shall pay to City the sum of '17-,,vo Hundred fifty Thousand Dollars 1$"�50000) at the time of City's issuance of a certificate of occupancy for the first buildinu constructed for the project. Such sum shall be deposited by City into a special account for expenditure on City's "Barton House." In the event such funds are not expended within two years from the date of deposit. the City may place the funds in City's General Fund. Y 3.2.1, !:itN, sCjoodr-aitIIT.tProces -s iii good 1g. City shall accept.process and review,in g faith.all applications for subdivision approval,development plata approval,building permits or othe' entitlement for the Pro'Ject, in accordance with the terms of this Development Agreement. The scope of Citv's review of remaining or supplementary applications for development approvals shall be Z� confined to tile, issue of conformance to the terms of the Development Agreement. DA1315711, 5 Article : Default. remedies. Termination, .1 General Provisions; Subject to extensions of time by mutual consent in writing, or as otherwise provided Derain, failure or delay by either party to perform any term or provision of this Development Agreement constitutes a default under this Development Agreement. In the event of default under this Development Agreement or any of its terms or conditions,;the parte alleging such default shall give the alleced defaulting party not less than thirty t f days' notice in writing, measured from the date of certified mailing, specifying in detail the nature of the alleged default and when appropriate, the manner in which said. default may be satisfactorily cured, During any such. thirty 3 day period of c=uring, the party charged shall not be considered in default for purposes of termination of the institution of legal proceedings. After proper notice and expiration of said thirty t day care period without cure,or if such cure cannot be accomplished within such thirty (30) day period, without commencement of cure within such period and diligent effort to effect cure thereafter, the ether party, to this Development Agreement, at its option, may institute legal proceedings to enforce this Development Agreement or give notice of termination of this Development Agreement. Such notice of termination shall be by certified mail. ret receipt requested; Failure or delay in;giving notice of default pursuant to this Section 4.1 shalt not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided: in this Development Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a evaiver of any default or of any such rights or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it;may deem necessary to protect assert or enforce any such rights or remedies. .2 Lkaflual Review. Murine the `term of this Development Agreement.,pity shall, each year at the first regular: City Council meeting of September, review the extent of good faith compliance by Developer under this Development Agreement in accordance with the Development Agreement Legislation. ale casts of such annual review shall be borne by Developer. At such meeting., Developer :shall be required to demonstrate, at Developer's expense, its good faith compliance with the terms of this Development Agreement. If, as a result of such annual review, City finds and determines, on the basis of substantial evidence Haat Developer has not complied in good faith with the terms and conditions of"this Development Agreement, City may terminate this Development lopment A reement after following the procedure set forth in Section 4.1 above, . . lira le l attrxr e $s' ees. 'rIris Development Agreement shall be governed by and constructed in accordance, with the DjNdit57.1: 6 laws of the State of California. Should any legal action be brought by either party because of breach of this Development Agreement. or to enforce or interpret any provision of this Development Agreement, the prevailing party shall be entitled to reasonable attorneys' fees(including reasonable in-house counsel fees of City and Developerat private rates prevailing in San Bernardino County), court costs and such other,costs as my be imposed by the Court. Article 5. Permitted fav s: Sua ersed-ure by Subsequent Laws 5.1 Permitted belays. In addition to any specific provisions of this Development Agreement,performance by either party of its obligations hereunder shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots strikes, picketing, or other labor disputes, shortage of materials or supplies,or damage to work in process by reason of fire,floods, earthquakes, or other casualties, the failure, delay or inability of other party to act;provided,however,that each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The Term of this Development Agreement shall be extended by the period of time that Developer is actually delayed as a result of such cause. 5.2 &j2!ersgdure by Subsecuent Laws. if any agency other than the City imposes any law or regulation;("Laavv") after the Effective Date of this Development Agreement -which prevents or precludes compliance with one or more provisions of this Development Agreement, then the provisions of this Development Agreement shall,to the extent feasible,be modified or suspended as may be necessary to comply with such new Law. fminediately after enactment of any such new Law, the Parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Development Agreement. In addition, Developer shall have the right to challenge the new Law preventing compliance with the terms of this Development Agreement, and, in the even such challenge is successful, this Agreement shall remain unmodified and in full force and effect. Article 6. Mort agee Protection: Certain Rights Qf.Cii—re. 6.1 1—Mojig ge Protection This Development Agreement shall be superior and senior to any lien placed upon the Property. or any portion thereof after the date of recording this Development Agreement, including the lien of any deed of trust or mortgage("Mortgage"), Notwithstanding the foregoing, no breach hereof shall defeat.render invalid,diminish or impair the lien of any Mortgage made in good faith s n this Developnient Agreement shall be and for value, but all of the,term and conditions contained i binding upon and effective against any person or entity. including any deed of trust beneficiary or mortgagee("Martgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale. deed in lieu of foreclosure. or otherwise. DJM3157LE 7 6.2; Morteauee Not ObliLyated, Notwithstanding the provisions of Section 6.1 above,no Mortgagee shall have any obli at on or duty under this Development Agreement to construct or complete the construction of the Project or its related improvements, or to uar�antee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any project or improvements thereon other than the:Project or improvements provided for or authorized by this Development Agreement. . tics of Default to ' rtae' If City receives notice from a Mortgagee requesting copy of any notice of default given Developer hereunder and specifying the address for service thereof, then 6y shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claire by City that Developer has committed an event of default, and if City makes a determination of noncompliance hereunder,City shall likewise serve notice of such noncompliance can such Mortgagee concurrently with service thereof on Developer. Each Mort agree shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas ofnoncompliance set forth in City's notice. Article 7. Transfers and-A_ssignments.. 7.1 Riaht to Assian. Developer shall have the right to sell,assign or transfer this Development Agreement, and all:ofits rights.duties and obligations hereunder,to any person or entity at any time during the Term of this Development Agreement; provided,, o titer, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Development Agreement be at any time so transferred or assigned except through a transfer of Developer's interest in the Property, or portion thereof transferred. 7 .elea e on Ira tsfer. Upon the sale, transfer or assignment of Developer's rights and interests ander this Development Agreement under Section 7.1 above, Developer shall be released from its obligations under this Development$elopment Agreement with respect to the Property or portion thereof. so transferred arising subsequent to the effective date of such transfer li if Developer is not theta in:default render this Development. goyeernent. (ii)Developer has provided to City notice of such transfer, and(iii) the transferee executes mid delivers to City a whtten agreement in which the name and address of the transferee is set forth and f the transferee expressly and unconditionally assumes all of the obligations of Developer der this eve opment greemen with respect to the property,or portion thereof, transferred. 7:iomen isRun pith ' he f, rr '. ION1315 7r.r } All of tile provisions,agreements.rights,powers,standards,terms,covenants and obligations contained in this Development Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever,and shall inure to the benefit of the Parties and their respective heirs, successors by merger, consolidation or otherwise)and assigns. All of the provisions of this Development Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California, Each 2.1p covenant to do or refrain front doing some act on the Property hereunder,or with respect to any city- owned property, (i)is for the benefit of such properties and is a burden upon such Property, (ii) runs with such properties, and (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person or entity having any interest therein derived in any manner through any owner of such properties,or any portion thereof,and shall benefit each party and its property hereunder, and each other person or entity succeeding to an interest in such properties. Article 8. General Proylggas, 8.1 Pro et is a Private Undertaking It is specifically understood and agrees byy=the Parties that the Project subject to this Development Agreement is a private development; that City has no interest in or responsibility for or duty to third persons concerning any of the improvements associated with the Project; that Developer shall have full power over and exclusive control of the Property herein described,subject only to the limitations and obligations of Developer under this Development Agreement. Developer hereby agrees to and shall defend, indemnify and hold City, and its elected officials, officers, employees and agents free and harmless from any liability for damage for personal injury,including death- as well as from claims for property, damage which may arise from Developer's 11 wi f1u misconduct or negligent acts or omissions under this Development Agreement, excepting suits and actions brought by the Developer .for default of this Development Agreement or arising from the negligence or willful misconduct of City, 8,1 leo tic-es-Demands and Communication et eta.The Parties. Any written notices, demands, correspondence and communication between City and Developer contemplated or required by this Development Agreement shall be sufficiently given if dispatched by registered or certified mail,postage prepaid, return receipt requested to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such other persons and addresses as either party may from time-to-time designate by mail as provided in this section. DJM3 I_5 7LE 9 City: Developer: City of Redlands Cities Pavillion Partners, LLC 35 Cajon Street 123 Via Manna Redlands, CA9237') Marina Del Rey, CA 90292 No Joint,Vp-atIIre.Qr Partnership-. City and Developer agree that nothing contained in this Development Agreement or in any document executed in connection with this Development Agreement shall be construed as making City and Developerjoint venturers or partners. 8A Indemnity. Developer shall defend, indemnify and hold harmless City, its elected officials, officers., employees and agents from and against any and all claims,losses,damages,causes of action,injuries and -actions, including cost and attorneys' fees arising out of, or in connection with, any negligent act or omission, or willful misconduct of Developer, its officers, employees, agents and licensees or arising out of, or in connection with, City and Developer's entry into and execution of this Development Agreement. 8.5 Se-v-er-ab-iky-. City and Developer agree that if any provision of this Development Agreement is held invalid, the remainder of this Development Agreement shall not be affected and shall remain in full force and effect unless amended or modified by mutual consent of the Parties. 8.6 Amendm—ent. This Development Agreement may be amended only by mutual written consent of the Parties as provided for in the Development Agreement Legislation. 8.7 -W-La—iver. The failure by either party to this Development Agreement to insist upon the strict performance of any of the provisions of this Development Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict,compliance by such other party in the future. 8.8 Entire Agreemot. This Development Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Development Agreement consists of eleven (11) pages, including the recitals which constitute the entire understanding and agreement of the Parties as to the matter DJN131-57LE 10 described herein. Developer shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents from and against any and all claims,losses, damages,causes of action, injuries and actions, including costs and attorneys' fees,arising out of, or in connection with; any negligent act or omission, or willful misconduct of Developer,,its officers, employees,agents and licensees or arising out of, or in connection with, City and Developer's entry into and execution of this Development Agreement. Upon completion of performance by the Parties or revocation of this Development Agreement, a 'written statement acknowledging such completion or revocation, signed by the appropriate representatives of the City and Developer shall be recorded in the Official Records of San Bernardino County, California., Executed the day and year first written above. CITY OF REDLANDS, a municipal corporation Mayor,City 6f Redlands Attest, Deputy City Clerk CITIES PAVILLION PARTNERS a California Limited Liability Corporation v Timberl akep In raatirnt, Inc s: r By: presiorporation Attest:; etre floe Corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _aa 9_ County of n before me . a Date � �Nwreao1 1,e, g� ,,-g.,°Jame D , Pvaat�S#'rbtcc"t personally appeared - t -r. Name(q)of Signer(s) 'personally known to tree—O — '.proved to me on the basis of satisfactory evidence to be the person(s) Those-narne(s) is/are subscribed to the within instrument and acknowledged to rye 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)l, or the entity upon behalf of which the person(s) acted, executed the instrument. xs#1#tlf WITNESS my hand and official sea]. y ' :162j= '4�XSignature of Notary Public OPTIONAL — OPTIONAZ Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document bate: - jA__QL Number of Pages: , Signer(s) Other Than lamed Above +Capacityie Claimed by Signer(s) Signer's Name: L t Signer's Name: Individual w; Individual Corporate Officer Corporate Officer Title(s): _ ��_ Title(s): T Partner—�7- Limited :__ General �` .w Partner—� .„ Limited �general Attorney-in-Fact w Attorney-in-Pact Trustee Trustee e Guardian or conservator * Guardian or conservator $.. Other: Other: y ( " E Signe" Is Representing: Signer Is Representing. e i F � t u n t Jwa yrw�rE a a+iu,. uc, r.r ;'236 P+rrrru_,Lwp,RQ.B x 77184 Canoga,Park CA 91309-7184 Pa#Jd,No5907 1par." r:C ai�T f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Sate of P _ County of ons.-._ t C 0q.3--, before me, r per ally appeared ( personally known to me OR © P ry evidenice to be the person(s) whose name( &ar&subscribed to the within in- strument and acknowledged to mewthat (� t r executed the same in&_4efh el authorized capacity(ies), and that by ' _. ._: __ e+r signature(s) on the instru- ment, the person(s), or the entity capon DEE A. HALEwhich the person(s) acted, executed the instrument_ COMM.Il 1999957 a .401AFY PUBLIC CALIFORNIA Los Anieses County WITIV S m hand and official seal. My Comm Expires ftch l l � � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent';reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL i CORP RATE OFFICER. T1 1E OR TYPE OF DO MF-NT �--`` Title(s) t_a ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEES El OTHER* DATE OF DOCUMENT' SIGNER IS REPRESENTING: Na a of rson(s or En ity(ies). t 1 ?l/L sioNrRts9 OTHER THAN NAMED ABOVE 7 EXHIBIT "A" That portion of the Northeast quarter of Section 2 1, Township ship 1 South, Range 3 West, San Bernardino Meridian,, in the City of Redlands, t of San Bernardino, described as follows: Beginning at the Northeast Cerner of said Section 2 i, thence South 89' 35'32" West 2638.43 feet along the North line of said Section 21 to the North Quarter Corner of said Section, thence South 00°43' 55,E bast 1307.59 feet to the Center 1`16 ' Omer of said. Section 21; thence North 47' "East 2636.41 feet to the centerline of Texas Street, said centerline also being the East line of said Section 21-, thence North 0' 38' 28" West 1317.07 feet to the Paint Of Beginning. Excepting therefrom that portion of land lying within Tract 12515 as recorded in Bock 181 of Maps, Pages 83-85 inclusive.