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Contracts & Agreements_196-2025
10/9/25, 7:19 AM Document-31584775-Page-I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Redlands P. 0. Box 3005 Redlands, CA 92373 Attention: City Clerk Electronically Recorded in Official Records 10 San Bernardino County Assessor -Recorder -County Clerk DOC# 2025-0244064 10/08/2025 Titles:1 Pages: 25 04:01 PM SAN Fees $0.00 Taxes $0.00 14311 CA SB2 Fee $0.00 Total $0.00 To be recorded without fee. (Space Above This Line For Recorder's Use Only) (Government Code §§ 6103 and 27383) INCLUSIONARY HOUSING AGREEMENT FOR PAYMENT OF IN -LIEU FEE THIS INCLUSIONARY HOUSING AGREEMENT is dated as of September 16, 2025, by and between the CITY OF REDLANDS ("City"), a municipal corporation organized and existing under the Constitution and laws of the State of California, and Meritage Homes of California, Inc., a California corporation ("Developer"). RECITALS A. On or about July 5, 2023, the City adopted an Inclusionary Housing Ordinance ("Ordinance"), which has been codified in Chapter 18.230 of the City's Municipal Code, as it may be amended from time to time. B. Meritage Homes of California, Inc., is the fee owner of the property located north of West Pioneer Avenue and east of State Route 210 (Assessor's Parcel Numbers 0167-061-01-0000 and 0167-061-03-0000), Redlands, California ("Property"). C. The Developer desires to, at the Developer's sole cost and expense, develop a one hundred seventeen (117) unit single-family residential project on the Property ("Project"). D. On December 19, 2023, the City Council approved Resolution Numbers 8529, 8530, 8531, 8532, 8533, 8534 and 8635, which set forth the City Approvals for the Project. E. On December 19, 2023, the City Council, acting on behalf of the City under RMC 18.230.130(C), approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance. Incluslonary Housing Agreement - In -Lieu Fee Payment Page 1 City of Redlands about:blank 1/1 F. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement, as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Inclusionary Housing Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City and the Developer, the Parties, agree as follows: DEFINITIONS OF TERMS The following words, terms and phrases are used in this Inclusionary Housing Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation: City means the City of Redlands, California. City Approvals are defined as the entitlement approvals and the Inclusionary Housing Plan that must be approved by the Program Director prior to the issuance of building permits for the Project, inclusive of the approvals set forth in Recital D, above. City Council means the City of Redlands City Council Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section I of this Inclusionary, Housing Agreement. Developer means the developer of the Project and entity authorized to restrict the Property in accordance with this Inclusionary Housing Agreement. Effective Date means the date on which this Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and this Inclusionary Housing Agreement is delivered to the Developer. Inclusionary Housing Administrator has the day-to-day authority for making determinations related to the Ordinance. The Inclusionary Housing Administrator will be appointed by the City Manager. Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article 1 - Section V. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 2 City of Redlands Inclusionary Housing Fund means a separate fund of the City established pursuant to Section 18.230.170(B) of the Redlands Municipal Code. Inclusionary Housing Plan means the plan approved by the Inclusionary Housing Administrator or, as applicable, approving entity, that details the manner in which the Project's inclusionary housing obligations will be fulfilled. The Inclusionary Housing Plan is attached as Exhibit 3 to this Inclusionary Housing Agreement and was approved by the City Council on or about December 19, 2023. In -Lieu Fee refers to a fee that may be paid by the Developer in specific circumstances in lieu of providing Inclusionary Units within a Project. In -Lieu Fees paid to the City are deposited into the Inclusionary Housing Fund. The In -Lieu Fee schedule is updated periodically, and is approved by the City Council. The current Inclusionary Housing In -Lieu Fee schedule is on file with the City Clerk. Ordinance means the Inclusionary Housing Ordinance adopted by the City Council on July 5, 2023, as it has been amended from time to time, which is codified in Chapter 18.230 of the City's Municipal Code. Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement. Project means the housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property, as shown on Exhibit 2 attached to this Inclusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this Inclusionary Housing Agreement. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 3 City of Redlands ARTICLE 1 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE; RECITALS; AND EXHIBITS Parties to this Inclusionary Housing Agreement I -A. City. The City is a municipal corporation organized and existing under the Constitution and laws of the State of California. The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Redlands 35 Cajon Street Suite 20 Redlands, California 92373 Attention: Inclusionary Housing Administrator 1-13. Developer. The Developer is a California corporation. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: Meritage Homes 230 Progress Irvine, CA 92618 Attention: Nick Harris Tel: (949) 372-3315 Developer Representations And Warranties The representations and warranties of the Developer contained in Article 1 — Section II shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date. The Developer's liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Inclusionary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement. The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: Inclusionary Housing Agreement - In -Lieu Fee Payment Page 4 City of Redlands II -A. The Developer is a California corporation, lawfully entitled to do business in the State of California and the City. The Developer has the legal right, power and authority to enter into this Inclusionary Housing Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this Inclusionary Housing Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer and encumber the Property to the restrictions provided for herein. 11-13. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Inclusionary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for the Developer's authorization to enter into this Inclusionary Housing Agreement. II-C. Neither the execution of this Inclusionary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or to the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. II-D. This Inclusionary Housing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Inclusionary Housing Agreement shall be duly executed by, and to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. III. Effective Date This Inclusionary Housing Agreement is dated September 16, 2025, for reference purposes only. This Inclusionary Housing Agreement shall not go into effect before the Effective Date. The Recitals set forth above are true and correct. The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5 City of Redlands V. Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference into the text of this Inclusionary Housing Agreement: Exhibit 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designation Exhibit 3 Inclusionary Housing Plan Inclusionary Housing Agreement - In -Lieu Fee Payment Page 6 City of Redlands ARTICLE 2 INCLUSIONARY HOUSING IN -LIEU FEE Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance. The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies in all material respects with this Inclusionary Housing Agreement and the requirements set forth in all the foregoing documents. In -Lieu Fee In lieu of providing any Inclusionary Units, the Developer shall pay to the City the sum of One Million Eight Hundred Sixty Five Thousand Three Hundred Eighteen Dollars and Zero Cents ($1,865,318.00) (the "In -Lieu Fee"), as detailed in the Inclusionary Housing Plan attached hereto as Exhibit 3, prior to obtaining the first building permit related to the Project. III. Building Permits No building permit shall be issued for the Project, unless the Inclusionary Housing Plan has been approved by the Executive Director and the required Inclusionary Housing Agreement has been duly recorded in the Official Records of San Bernardino County. IV. Deposit with the City The In -Lieu Fee shall be deposited with the City in accordance with the Ordinance. V. Non -Refundable; Waiver The Developer acknowledges that the In -Lieu Fee is non-refundable. Upon payment, Developerwaives any and all rights to claims, demands, actions, or other remedies with respect to payment of the In -Lieu Fee, including any claim for damages, repayment, or reimbursement. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 7 City of Redlands ARTICLE 3 DEFAULTS AND REMEDIES Default If either Party defaults with regard to any provision of this Inclusionary Housing Agreement, the non -defaulting Party shall serve written notice of such default upon the defaulting Party. If, after the service of written notice of such default, the defaulting Party does not cure such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this Inclusionary Housing Agreement, and shall be liable to the other Party for damages caused by such Default. Alternatively, the non -defaulting Party, at its option, may institute an action for specific performance of the terms of this Inclusionary Housing Agreement. Legal Actions In the event of a breach or potential breach of program requirements, in addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement. II -A. The City's actions may include, but are not limited to, the following: The following legal actions: Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; C. Injunctive relief and damages; or, d. Civil citations with monetary penalties for violations of the Inclusionary Housing Agreement. 2. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 8 City of Redlands II-B. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement. II-C. In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or in such other manner as may be provided by law. II-D. In the event that any legal action is commenced by the City against the Developer, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. III. Rights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. Inclusionary Housing Agreement - In -Lieu Fee Payment City of Redlands ARTICLE 4 GENERAL PROVISIONS IV. Notices, Demands and Communications between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Inclusionary Housing Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered, if dispatched by messenger, or two (2) calendar days after it is placed in the United States mail. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Article 1 — Section I. V. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inclusionary Housing Agreement, or in the development of the Property, shall participate in any decision relating to this Inclusionary Housing Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. VI. Non -liability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary Housing Agreement. VII. Indemnification The Developer agrees to indemnify and hold the City, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any negligent or wrongful act or omission of the Developer in performing its obligations hereunder. The City agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and Inclusionary Housing Agreement - In -Lieu Fee Payment Page 10 City of Redlands against all damages, judgments, costs expenses and fees arising from or related to any negligent or wrongful act or omission of the City in performing its obligations hereunder. Vill. No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction. Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times. IX. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs. The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. X. Jurisdiction and Venue Any legal action or proceeding concerning this Inclusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in San Bernardino County, California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including without implied limitation, federal district court due to any of the following: Any diversity of citizenship between the City and the Developer; or 2. The fact that the City is a party to such action or proceeding; or 3. That a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394. The Developer acknowledges that the provisions of this Article 4 — Section X are material consideration to the City for its entry into this Inclusionary Housing Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum. Inclusionary Housing Agreement - In -Lieu Fee Payment City of Redlands XI. Successors and Assigns This Inclusionary Housing Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. XI1. No Third Party Beneficiaries The performance of the City's and the Developer's respective obligations under this Inclusionary Housing Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided otherwise herein. No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Party to this Inclusionary Housing Agreement as a result of that Party's performance or non-performance under this Inclusionary Housing Agreement, or for the enforcement of any provisions of this Agreement, except as expressly provided otherwise herein. XIII. Entire Agreement This Inclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental hereto. This Inclusionary Housing Agreement supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. XIV. Recordation The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement, against the Property in the Office of the County Recorder of San Bernardino County, California. The legal description for the Property is provided in Exhibit 1 to this Inclusionary Housing Agreement. XV. Termination Except as set forth elsewhere, this Inclusionary Housing Agreement shall be terminated after payment of all In -Lieu Fees for the City for the Project and the Inclusionary Housing Plan has been fully implemented. Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder. The City and the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as an encumbrance against title to any portion of the Property. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 12 City of Redlands SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below. CITY: CITY OF REDLANDS, a California municipal corporation By: Name: Charles M. Duaaan, Jr. Its: City Manager Date: I _ 3 0 "2, S Attest: D66 J ne Donaldson, City Clerk Induslonary Housing Agreement - In-Lleu Fee Payment Page 1$ City of Redlands CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California��CJu' (2p/'� County of , VVY76/ Inn, n On�� °it,. 4�x ICt'iriQ J.l �'i - -3r-`C5b f'S1C aVlJ l� C_�il�\ C, f��int�lc�Y � t before me, Date Here Insert Name and Title of theeO icer personally appeared p Name(s) of Sfgrler(s) 1 )I?C7�Y1Y`✓2 'I�ryYlf7t�r��Yl 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. 1 WHITNEY A. MESNA Notary Public - California € " San Bernardino County ' Commission # 2516836 My Comm. Expires Apr 10, 2029 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre_cl,—-., WITNESS my hand Signature seal. Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ` Title or Type of Document: I -Al n �j1t1Vll_ � Hm� �br a&YV-CNAC Document Date: Numberof Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT DEVELOPER: MERITAGE HOMES OF CALIFORNIA, INC a California corporation Name: Nick Emsiek Its: Division President Date: / %L Inclusionary Housing Agreement - In -Lieu Fee Payment Page 14 City of Redlands CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 1, 2025 Date personally appeared I Jonathan Paul Fang, Notary Public before me, Here Insert Name and Title of the Officer Nick Emsiek Name(s) of Signer(s) 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. :..ti........I........................... JONATHAN PAUL FANG i rru 7 Comm # 2448174 z x: ORANGE County ice' " California Notary Publlc� ' Comm Exp May 28, 2027 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY Inclusionary Housing Agreement— In -Lieu Fee Payment City of Redlands Real property in the City of Redlands, County of San Bernardino, State of California, described as follows: Parcel One: (APN: 0167-061-01-0-000) That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, according to Government Survey, described as follows: Beginning in the center of said Section, 1313.2 feet North of the quarter Section post in the South line of said Section; thence east 330 feet; thence North 0 degrees 30' West 1320 feet; thence West 330 feet; thence South 0 degrees 30' East, 1320 feet to the point of beginning. Excepting any portion in streets or public highways. Also excepting those portions conveyed to the State of California by deed recorded May 15, 1980, Instrument no. 80-114621, Official Records, described as follows: Parcel No. 1: Beginning at the intersection of the West line of said Northwest 1/4 with the North line of Pioneer Avenue (63 feet wide); thence along said North line North 89 degrees 52' 13" East, 131.10 feet to the beginning of a tangent curve concave Northerly with a radius of 462 feet; thence Westerly along said curve through an angle of 16 degrees 30' 29", a distance of 133.11 feet to said West line; thence along said West line South 0 degrees 39' 45" East 19.04 feet to the point of beginning. Parcel No. 2: Beginning at the intersection of the West line of said Northwest 1/4 with the South line of Domestic Avenue (40 feet wide); thence along said West line South 0 degrees 39' 45" East 195.19 feet; thence North 29 degrees 43' 15" East 16.52 feet; thence North 9 degrees 39' 57" East 177.70 feet; thence North 0 degrees 10' 18" West 5.39 feet to said South line; thence along said South line North 89 degrees 37' 52" West 40.27 feet to the point of beginning. Parcel Two: (APN: 0167-061-03-0-000) The South one-half of the following described property: Portion of Section 16, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, Comity of San Bernardino, State of California, described as follows: Commencing at a point in the center line of said Section 16, distant 1313.2 feet North from the quarter Section post on the South line of said Section; Thence East 330 feet for point of beginning; Thence North 0° 30' West, 1320 feet; Thence East 330 feet; Thence South 0° 30' East, 1320 feet; Thence West 330 feet to the point of beginning. EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Inclusionary Housing Agreement — In -Lieu Fee Payment City of Redlands ARM ACRES IDROBB, TRACT NO. 20528 1B7I 1yx ACES R.TME.IET, In LETTEREO LOTS- J5 IN THE CITY OF REOIANOS.CWNTY OF SAN BERNARDINO. STATE OF CALIFORNIA BEINO ASUCOIVIBILW OF A PORTION OF TIE NORNIMST 1N OF TILE EOORMIN 1N OF BELTION W. TONNBNIP I SOUTH. RWOE J WEST. BAN BERNARDINO FOR AND ISERIONN I I II I ZONE: SPECIFIC PLAN NO. 64 BERGAMOT SPECIFIC PLAN SHEET INDEX MAP 'MACi HAP NO, 20020 `� PLOOMESTIC AVENUE oT8L LM95 LETI i LOTAS LOT B] OTBB LOTO LOTAT LOTH LOT B] LOT BJ I LOTDI Lm BD LOTAR Lmaz LET w Lme LET., —AU LmAO ALSO `ET w me LOT )B Lm IS � LOT BS LET it LJ % LOT]B Lm]] LOTAV LOT LOT LOTAP SO Lone Lora I Pc'0S LOT L0' LOi ]R l0i>e � 01 LOi AW LOT iI LOT iO Oi 103 I1ON 1W 0 �Imv IN, F LOT 40T nT ILOiC Ti pi- LOT IB AN LAlLOrLOT LOi OT 109jj'WT � LOTDO 0) LOT 1T 'Or 18 LOT LOT 10D 10 Lm IB tm 15AM LOTAY LOTy1u LOTgoOr LmLAz L�LOi80LET 116 11.1 LETAG S LOT 10 'SNLaTn LOSP g ,0 Lm5) NNAK Lm69 LOiS<Lm LOT 99 LOT44 LOTa9 LOT wLOTHLOi6i LOr)p LOiOD OiH d) Lmu Lm la .T11 LE19n I mS tm I ; I t0)1 LaTR Ili SHEET OF 11SHEETS UNO USE LOTS 111 T. RESI00MW. LOiB A B. A. V. E.O, H: OPEN SPACE LOi I'PARK LOi1. INfIIiMIgNCA51N LOTS AhK'. ALLEYS EXHIBIT 3 INCLUSIONARY HOUSING PLAN Inclusionary Housing Agreement— In -Lieu Fee Payment City of Redlands INCLUSIONARY HOUSING PLAN APPLICATION NUMBER: City of Redlands 35 Cajon Street, Redlands, CA 92373 (909) 399-7555 Project Address: 1160 Pioneer Avenue Assessor Parcel No(s): Site Dimension: 0167-061-01 Site Size (Square Feet): 9.6 Acres Property Owner's Name: Meritage Homes of Southern California 5 Peters Canyon Road, Suite 310, Irvine, CA 92606 Address: Telephone: (949)299-3847 Applicant's Name: Telephone: Email: aaron.talarico@mlcholdings.net Meritage Homes of California c/o Aaron Talarico (949)299-3847 Email: aaron.talarico@mlcholdings.net Inclusionary Housing Plan — Ownership developments Page 1 October 5, 2023 DRAFT I. INCLUSIONARY HOUSING ALTERNATIVES Select the applicable alternatives to indicate how the project will comply with the inclusionary housing requirement: On -site construction of Inclusionary Units Off-stie construction of Affordable Units Land dedication x In -lieu fee payment for entire obligation In -lieu fee payment for fractional unit' II. RESIDENTIAL PROJECT DESCRIPTION Describe the project in the following chart: # of Bedrooms Unit Size (Sq. Ft.) # of Market Rate Units # of Very- low Income Units # of Low Income Units # of Moderate Income Units Total # of Units Studio 1 2 3 1465-1815 SF 91 11 4 2125 SF 26 26 5 Identify the gross livable floor area of proposed project in square feet: 204,761 SF Will the project be constructed in phases? YES x NO Is a density bonus being requested? YES NO x 1 If the calculation of the number of Inclusionary Units required results in a fraction less than .5, the developer has the option to (i) provide an additional full Inclusionary Unit or (ii) pay an In -Lieu Fee equal to the percentage represented by the fractional Inclusionary Unit multiplied by the applicable In -Lieu Fee Inclusionary Housing Plan - Ownership developments Page October 5, 2023 DRAF III. Fractional Inclusionary Unit Obligation For Projects that choose to pay an in -lieu fee to fulfill a fractional Inclusionary Unit obligation, calculate the fractional in -lieu fee obligation in the following table: Fractional In -Lieu Fee Calculation Fractional Unit Obligation Total Habitable Area (Square Feet) In -Lieu Fee Per Square Foot of Habitable Area (See Section IV of this application) Total Fractional In -Lieu Fee In -Lieu Fee Payment to Fulfill the Entire Inclusionary Housing Obligation [THE FEES LISTED BELOW ARE DRAFT AND HAVE YET TO BE APPROVED BY THE CITY COUNCIL] The in -lieu fee payment obligation is calculated against the entire Habitable Area of the proposed Market Rate Project. The in -lieu fee schedule is $8.80 per square foot of the saleable area. IV. REQUIRED EXHIBITS TO THE INCLUSIONARY HOUSING PLAN A. A narrative description of the entire project; B. A site plan that depicts the entire project detailing location of the Inclusionary Units, if applicable; C. Legal description of the project; and D. If applicable, a phasing plan that provides for the timely development of the Inclusionary Units as the project is built out; and Inclusionary Housing Plan — Ownership developments Page 3 October 5, 2023 DRAFT E. Application fee. V. PROPERTY OWNER'S AFFIDAVIT I hereby certify that I am the legally authorized owner of all property involved in this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign all documents related to this application, including any conditions or litigation measures as may be deemed necessary. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) 10 -30 - I,QB at /r�`✓i� _, California Property Owner's SSignature Printed Name /7/ `nvi VI. APPLICANT'S AFFIDAVIT I hereby certify that the statements furnished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions, understanding the City of Claremont cannot process this form until all applicable information is corrected or provided by the applicant. I herby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary, Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) D - 7-0Z3 at --Ljf�zL12 -p- California Applicant's Signature 2-______ _ Applicant's Printed Name 14"&n '%Gt,/ay-1 G-o Inclusionary Housing Plan — Ownership developments Page 4 October 5, 2023 DRAFT