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C07-25 MOU Cooper's Creek Special Connectivity Reserve & Policy Area Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, October 2, 2007 WORKSHOP SESSION Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tern DeForge, Council Member Berg, Council Member Killough, Council Member Dressel were present. 1) Downtown Plan 2) Pass Business Connection 3) Community Recreation Center Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor Fox, Mayor Pro Tem DeForge, Council Member Berg, Council Member Killough, Council Member Dressel were present a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator—City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8—4th Street&Beaumont Avenue c. Pursuant to Government Code Section 54956.9(a)-Anticipated Litigation— Conference with Legal Counsel—Existing Litigation(Govemment Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont—Case No. ED CV 03- 01461 RT SGLx 2. Peters vs. City-Case No. RIC 467388 REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tem DeForge, Council Member Berg, Council Member Killough, Council Member Dressel were present. Invocation: Mayor Pro Tern DeForge Pledge of Allegiance: Chief Bennett Presentation: 1) Proclamation—"Safe and Healthy Blood Collection and Transfusion Month' 2) Fire Explorer Post 566 Recognition Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. If any question or concern arises related to any issues not on the agenda, it will be referred to staff for appropriate response. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s)wishing to speak must fill out a"Request to Speak Form'and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three(3)minute limit on public comments. There will be no sharing or passing of time to another person. Debbie Franklin—Mayor Pro Tern from City of Banning—Spoke about the Unity Celebration and the "Man About Town° Judy Bingham—Spoke in regards to ULC Contracts 1. COUNCIL REPORTS a) Mayor Fox—update on Caldwell Homecoming—November 2, Groundbreaking for the Medical Center b) Mayor Pro Tern DeForge—Update on Man About Town, Community Connection, Community Recreation Center c) Council Member Berg—Update on RCTC, Sheriff Swearing In d) Council Member Dressel - e) Council Member Killough —Update Oktoberfest, Blue Ribbon Community Meeting 2. CITY MANAGER REPORTS a. Community Information Update 1) Building and Safety Department—Permit Update 2) Community Recreation Center Update—October 16, 2007 Council Meeting 3) Senior Scam Stoppers—October 3, 2007—Beaumont Civic Center b. Local Project Update 1) Stetson Landscaping Update on Action Taken { c. What's That and Rumor Control 1) Tire Recycling Program and Universal/Electronic Waste Recycling 1 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting September 18, 2007. c. Approval of the Warrant List for October 2, 2007. d. Approval of Improvement Agreement for Plot Plan No. 04-PP-18 (Prologis), located south of State Route 60, North of Fourth Street and Northwest of Beaumont Wastewater Reclamation Facility. e. Denial of Claim—Santiago Torres f. Request for Expenditure of Citizen's Option for Public Safety Program (COPS)—AB3229—SLESF Allocation for Year 2007 g. Authorize and Direct the City Manager to Hire an Animal Care Supervisor and Animal Care Services Officer; and purchase and outfit an additional vehicle. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Killough, Seconded by Council Member Dressel to approve the Consent Calendar. Vote: 5/0 4. ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Downtown Specific Plan Project—Authorization for Professional Services Recommendation: Staff Recommends 1)Allocate a maximum of$146,800 for the preparation of the Downtown Specific Plan; 2)Authorize the City Manager to execute a contract with Terra Verde for the required professional services; and 3) Provide staff direction with respect to establishment and composition of an advisory committee for the Downtown Specific Plan. Staff Report was given by Ernest Egger, Director of Planning. Motion by Council Member Berg, Council Member DeForge to 1)Allocate a maximum of$146,800 for the preparation of the Downtown Specific Plan; 2) Authorize the City Manager to execute a contract with Terra Verde for the required professional services; and 3) Provide staff direction with respect to establishment and composition of an advisory committee for the Downtown Specific Plan. Vote: 5/0 b. Street Closure Request—Beaumont High School—Homecoming Parade Recommendation: Review and Approval. Staff Report was given by Alan Kapanicas, City Manager. r............k Motion by Council Member Killough, Seconded by Council Member Dressel to approve the street closure request subject to the Conditions stipulated in the Staff Report. Vote; 5/0 c. Award Contract for Water Quality Basin Engineering, Management and Maintenance Recommendation: Hold a Public Hearing and Award the contract to the apparent high value proposer, the Dirt Connection with a proposal value of$3,569,376 subject to the verification of all proposal requirements by the City Attorney, Approval of the Project Progress Report and Authorization for the City Attorney to prepare the contract. Staff Report was given by Dave Dillon, Economic Development Director. Open Public Hearing 6:48 p.m. Judy Bingham—Opposed Closed Public Hearing 6:50 p.m. Motion by Council Member Berg, Seconded by Council Member DeForge to Award the contract to the apparent high value proposer, the Dirt Connection with a proposal value of$3,569,376 subject to the verification of all proposal requirements by the City Attorney, Approval of the Project Progress Report and Authorization for the City Attorney to prepare the contract. Vote: 5/0 d. Resolution Establishing and Relating to the Cooper's Creek Special 0 Connectivity Reserve and Policy Area Recommendation: Hold a Public Hearing and Adopt Resolution No. 2007-54 and approve the Project Progress Report. Staff Report was given by Dave Dillon, Director of Economic Development Director. Open Public Hearing 7:07 p.m. No Speakers Closed Public Hearing 7:07 p.m. Motion by Council Member DeForge, Seconded by Council Member Ki'lough to Adopt Resolution No. 2007-54 as presented. Vote: 5/0 i , e. Appeal for Denial of 07-CUP-07, Upgrade existing Alcoholic Beverage Control (ABC) Off-sale Beer and Wine License, 1111 Beaumont Avenue. Applicant: Parmjit Singh Recommendation: Open Public Hearing and deny the appeal and uphold the Planning Commission decision for denial. Council Member Berg recused himself from this item. Staff report was given by Ernest Egger, Director of Planning. Open Public Hearing 7:13 p.m. Applicant Representative Spoke Parmjit Singh—Applicant Closed Public Hearing 7:20 p.m. Motion by Council Member Dressel, Seconded by Council Member Fox to Approve the Appeal. Vote: 2/2 (Council Member Killough and DeForge Vote No) Motion by Council Member DeForge, Seconded by Council Member Killough to Deny the Appeal. Vote: 2/2 (Mayor Fox and Council Member Dressel voted no) Item died due to lack of sufficient positive votes. Council Member Berg returned to the dais. f. Community Facilities District No. 93-1 —Improvement Area 8C Resolution No. 2007-51 —"Resolution of the City Council of the City of Beaumont Acting as the Legislative Body of Community Facilities District No. 93-1 Related to the Issuance of Bonds with Respect to Improvement Area No. 8C within Community Facilities District No. 93-1 and the Sale thereof to the Beaumont Financing Authority" Resolution No. BFA 2007-04—"Resolution of the Beaumont Financing Authority Authorizing the Issuance of Not in Excess of$8,000,000 Aggregate Principal Amount of 2007 Local Agency Revenue Bonds, Series E, Approving the Form of Legal Documents Relating Thereto and Authorizing and Directing Preparation, Execution and Delivery of the Final forms Thereof Recommendation: Hold a Public Hearing and Adopt Resolution No. 2007-51 and Resolution No. BFA 2007-4 as presented. Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 7:31 p.m. No Speakers Closed Public Hearing 7:31 p.m. Motion by Council Member Dressel, Seconded by Council Member DeForge to adopt Resolution No. 2007-51 and BFA 2007-04 as presented. Adjourn, = t of the City Council Meeting at 7:37 p.m. R- -p- « Ily Submitted, , .nKa. =nicas City Ma = • -r Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951-769-8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Community and Economic Development Department AGENDA DATE: AUGUST 4, 2009 SUBJECT: Legacy Highlands Specific Plan and Annexation — Vacation of Prior City Council Actions BACKGROUND/ANALYSIS: On April 7, 2009,the Superior Court in Riverside issued a judgment with respect to CVAN's litigation in connection with the Legacy Highlands Project, ordering the City to set aside its actions until the Environmental Impact Report for the project is redrafted and re-certified. Those steps are underway and it is expected that the project can be brought forward for reconsideration later in 2009. RECOMMENDATION: Staff recommends that the City Council rescind Resolution Nos. 2008-06 and 2008-07, and Ordinance Nos. 924 and 925. Respectfully bmitted, Ernest A. Egger,AICP, REA Director of Planning RESOLUTION NO. 2009-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DECERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; RESCINDING ADOPTION OF FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING AND REPORTING PROGRAM, SPECIFIC PLAN NO. 07-02, PRE- ZONING ORDINANCE NO. 924, DEVELOPMENT AGREEMENT ORDINANCE NO. 925, AND REQUEST FOR THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE ANNEXATION PROCEEDINGS AS TO THE LEGACY HIGHLANDS SPECIFIC PLAN, SITE PLAN, LAND DIVISION, ANNEXATION, PRE-ZONING AND ZONING WHEREAS, The Preserve LLC applied for the approval of the Legacy Highlands Specific Plan for property located south of State Route 60 and west of State Route 79, within the City of Beaumont's sphere of influence, for the development of approximately 1,600 acres, including more than 700 acres of undeveloped open space, up to 2,868 residential units, 100 acres of commercial development, and supporting school, park, and recreation uses(the"Project"); and WHEREAS, in addition to approval of the specific plan, the Project required approval by the City Council of a zone change to pre-zone 1,616.89 acres of land from County of Riverside W-2 (Controlled Development) to City of Beaumont SP-A (Specific Plan Area) and R-R (Rural Residential). The Project also required the City Council to request the Local Agency Formation Commission of Riverside County to initiate proceedings for the annexation of the Project area to the City of Beaumont and concurrent detachment from the Riverside County Waste Management Resources District, and annexation to the Beaumont Cherry Valley Water District. The Project applicant also requested approval of a 25 year Development Agreement between the City of Beaumont and The Preserve LLC which would have given The Preserve LLC a vested right to develop and construct the Project in accordance with the entitlements received from the City pursuant to its discretionary approvals as well as all existing land use regulations and development standards in existence at the time the Development Agreement was approved. WHEREAS, the City of Beaumont conducted an extensive environmental review for this Project which included an Environmental Impact Report ("EIR") prepared by the independent firm of Applied Planning, Inc., with technical reports concerning biological resources, traffic and circulation, air quality, and noise. The following is a summary of the City's environmental review for this Project: a) The City issued a Notice of Preparation ("NOP") of a Draft EIR and associated Initial Study on March 28, 2005. The NOP and Initial Study were circulated for pubic review and comment until April 26, 2005. A total of seven comment letters were received from state, regional and local agencies. Responses to comments on the NOP are included in Appendix A of the DEIR. Relevant comments received in response to the NOP were incorporated into the DEIR. b) A Notice of Completion ("NOC") was sent with the DEIR to the State Clearinghouse on or around May 2, 2007. The City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice, and published the Notice of Completion in The Weekly Record Gazette on April 27, 2007. c) The DEIR was distributed for public review on May 2, 2007, for a 45-day review period with the comment period expiring on June 16, 2007. The City received 15 written comments on the DEIR at the close of the public review period. The Final Environmental Impact Report ("FEIR") includes responses to comments received through September 4, 2007, well past the public review period. d) The Planning Commission held a duly noticed and advertised public hearing on November 13, 2007 to consider the FEIR, the specific plan, annexation, pre-zone, and the development agreement. The public hearing was closed, and the matter was continued to December 11, 2007 for further consideration and action; however, the Planning Commission was unable to take action on the matter due to a lack of a quorum of eligible Planning Commission members to vote on the matter. Accordingly, the matter was forwarded to City Council without a recommendation from the Planning Commission. e) On January 15, 2008, The City Council held a duly noticed and advertised hearing on the matter. At the close of the public hearing, the City Council took the following actions: i. Approved Resolution No. 2008-05 certifying the Environmental Impact Report for the Project; ii. Approved Resolution No. 2008-06 adopting Specific Plan No. 07-02; iii. Approved Resolution No. 2008-07 requesting initiation of annexation proceedings; iv. Approved Ordinance No. 924 adopting a zone change to pre-zone the Project area from County of Riverside W-2 (Controlled Development) to City of Beaumont SP-A (Specific Plan Area) and R-R(Rural Residential); and v. Approved Ordinance No. 925 adopting the Development Agreement between the City of Beaumont and The Preserve LLC. f) On or about February 14, 2008, Cherry Valley Acres and Neighbors ("CVAN") and Cherry Valley Environmental Planning Group ("CVEPG") filed a petition for a writ of mandate and complaint for declaratory relief with the Superior Court for the County of Riverside based, in part, on the following alleged violations of CEQA: i. Failure to adequately analyze the Project's water impacts; ii. Failure to properly analyze cumulative impacts; iii. Failure to properly analyze growth inducing effects; iv. Failure to properly analyze Project alternatives; and v. Failure to adopt an adequate statement of Overriding Considerations. g) After reviewing the pleadings submitted by the parties, and after conducting a trial on the petition and compliant filed by CVAN and CVEPG, Judge Fisher of the Superior Court issued a Statement of Decision on February 3, 2009, finding the EIR deficient with respect to water supply impacts and alternatives analysis. Further the court held that the statement of Overriding Consideration did not comply with CEQA. The remaining challenges to the EIR were found to be without merit. h) In accordance with the Statement of Decision, on March 30, 2009, Judge Fisher issued a writ of mandate that directed the City to set aside and vacate its certification of the EIR for the Project. In addition, the court directed to City to set aside and vacate the land use approvals related to the Project. , , NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, SECTION 1: Rescission of Prior Approvals a) The City Council hereby sets aside and vacates its adoption of Resolution No. 2008-05 certifying the Final Environmental Impact Report for the Legacy Highlands Specific Plan, adopting Findings of Facts and a Statement of Overriding Considerations, and adopting the Mitigation Monitoring Program pursuant to the California Environmental Quality Act("CEQA"); and b) The City Council hereby sets aside and vacates its approvals of the Legacy Highlands Project, including the Legacy Highlands Specific Plan, and its adoption of Resolution No. 2008-06, Resolution 2008-07, Ordinance 924, and Ordinance 925. SECTION 2: Effective Date This resolution shall take effect immediately upon its adoption. MOVED, PASSED, and ADOPTED this 30th day of June, 2009 by the following vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None ayor ATTEST: Deputy City Clerk -e Riverside County Waste Management Department Hans W.Kernkamp, General Manager-Chief Engineer January 18, 2008 Alan Kapanicas City Manager City of Beaumont 550 East 6th Street Beaumont, CA 92223 Re: Memorandum of Understanding Among the City of Beaumont, the County of Riverside and the Preserve, LLC Regarding Cooperation on Potential Future Expansion of the Lamb Canyon Sanitary Landfill, the Legacy Highlands Specific Plan, Implementation of the Cooper's Creek Special Connectivity Reserve and Policy Area and Agreement to Dedicate, Buy and Sell Land Dear Mr. Kapanicas: Enclosed you will find a fully executed copy of the above referenced Memorandum of Understanding, for your records. If you have any questions, do not hesitate to call me at (951) 486-3232. Sincerely, Hans Kernkam•� General Manager-Chief Engineer ft Enclosure 14310 Frederick Street•Moreno Valley, CA 92553 •(951)486-3200•Fax(951)486-3205•Fax(951)486-3230 www.rivcowm.org ? printed on recycled paper MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF BEAUMONT,THE COUNTY OF RIVERSIDE AND THE PRESERVE, LLC REGARDING COOPERATION ON POTENTIAL FUTURE EXPANSION OF THE LAMB CANYON SANITARY LANDFILL,THE LEGACY HIGHLANDS SPECIFIC PLAN, IMPLEMENTATION OF THE COOPER'S CREEK SPECIAL CONNECTIVITY RESERVE AND POLICY AREA AND AGREEMENT TO DEDICATE, BUY AND SELL LAND This Memorandum of Understanding ("MOU") and Agreement to dedicate, sell and buy land is made and entered into this F: day of January, 2008, by and among the City of Beaumont ("CITY"), the County of Riverside ("the COUNTY") and The Preserve, LLC ("PRESERVE"). The purpose of this MOU is to set forth a binding agreement between the parties regarding the CITY's potential approval of the Legacy Highlands Specific Plan project (or "Legacy Highlands"), and the COUNTY's potential future expansion of the Lamb Canyon Sanitary Landfill ("LCL"). This MOU further outlines the terms of the Agreement to dedicate, sell and buy land among the CITY, COUNTY, and PRESERVE to preserve open space, to create a buffer to mitigate impacts related to the proposed Legacy Highlands Specific Plan and the LCL, and facilitate the potential future expansion of the LCL. This MOU also serves to facilitate the CITY's implementation of its General Plan including consideration of land use entitlement applications related but not limited to implementation of the Legacy Highlands Specific Plan project ("Legacy Highlands") and implementation of the Cooper's Creek Special Connectivity Policies ("POLICIES") as set forth in the CITY's Resolution No. 2007-54. If the parties adhere to the commitments set forth in this MOU, then the COUNTY will not file a legal challenge to the CITY's potential approval of the Legacy Highlands Specific Plan (SCH No. 2005031155) and the CITY and PRESERVE will not file a legal challenge to the COUNTY's potential expansion of the LCL. RECITALS A. The COUNTY is considering proposing to expand of the LCL to effectively provide disposal services for COUNTY and CITY residents in order to protect their health and safety. Certain areas contemplated for potential LCL expansion are privately owned by the PRESERVE and currently have an approved CITY General Plan density of 2.0 dwelling units per acre. The CITY, COUNTY and PRESERVE have discussed the benefits of transferring density within the proposed Legacy Highlands Specific Plan to create an open space buffer area within approximately 389.35 acres adjacent to the LCL and provide approximately 70 acres therein for future expansion of the LCL. The CITY and PRESERVE acknowledge the need for the expansion of the LCL and desire to cooperate with the COUNTY in this effort. The COUNTY and PRESERVE acknowledge that the CITY needs to implement the CITY's General Plan. The PRESERVE also desires to cooperate with the CITY in the implementation of CITY Resolution No. 2007-54. B. The PRESERVE submitted land use entitlement applications related to the Legacy Highlands Specific Plan project to the CITY for residential and commercial development within JAN - 8 2008 12.2 .l K , unincorporated Riverside County and the CITY's Sphere of Influence located southerly of State Route 60 (SR-60) and westerly of State Route 79 (SR-79), commonly referred to as "Legacy Highlands." The CITY is currently carrying out the environmental review process for Legacy Highlands. The CITY published a Draft Environmental Impact Report ("EIR") for Legacy Highlands on May 2, 2007. C. The CITY is in the process of acquiring certain parcels of real property to implement the POLICIES pursuant to CITY Resolution No. 2007-54. The proceeds from the COUNTY'S purchase of the PROPERTY will be used by the CITY to acquire additional parcels to implement the POLICIES to the extent they become available in the future as determined in the sole and absolute discretion of the CITY. D. The CITY, COUNTY and PRESERVE jointly and mutually desire to preserve open space, create a buffer between the LCL and future development within the CITY and mitigate land—use conflicts and incompatibilities resulting from the CITY's General Plan, the Legacy Highlands project and the LCL. E. The PRESERVE has expressed an interest in facilitating implementation of the POLICIES and the potential future expansion of the LCL by dedicating approximately 389.35 acres to the CITY ("PROPERTY") for purposes which provide significant public benefits as stated above. This MOU sets forth the terms and conditions by which the PRESERVE shall dedicate, and the CITY shall accept fee title to the PROPERTY. A description of the PROPERTY is provided in Exhibit "A" to this MOU. F. The COUNTY has expressed an interest in purchasing the PROPERTY from the CITY for purposes which provide significant public benefits as stated above. This MOU sets forth the terms and conditions by which the CITY shall sell, and the COUNTY shall buy, the PROPERTY. G. The CITY and PRESERVE further agree that the POLICIES protect critical open space areas essential for the CITY and jointly and mutually desire to preserve open space pursuant to said POLICIES. H. The parties agree that the LCL is a critical public facility in providing essential long-term waste disposal capacity for the COUNTY and CITY. The parties further agree that in order for the LCL to accommodate future waste disposal needs for COUNTY and CITY residents, future expansion(s) of the landfill may be necessary. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and/or covenants contained in this MOU, the parties agree as follows: 1) Incorporation of Recitals. Each recital set forth above is incorporated herein by reference and is made part of this MOU. 2 2) Dedication of the PROPERTY. The PRESERVE agrees to dedicate at no cost to the CITY, and the CITY agrees to accept in fee, the PROPERTY and an approximately 157 additional acres as approximately shown on Exhibit "A" (in a final size and configuration as shall be agreed among the parties) within sixty(60) days of the initial approval of the Legacy Highlands Specific Plan by the Riverside Local Agency Formation Commission ("LAFCO") or if a lawsuit is filed challenging the CITY's or LAFCO's approval of the Legacy Highlands Specific Plan within ten (10) days of final date when any judgment in favor of the Legacy Highlands Specific Plan may be appealed or after the final settlement of any and all appeals or legal challenges related thereto, whichever date is later. If the PROPERTY is transferred to the COUNTY before the date provided herein, the CITY shall mutually agree with the PRESERVE on conditions waiving this provision. 3) Purchase and Sale of the PROPERTY. The CITY agrees to sell, and the COUNTY agrees to buy, for an estimated $2 million (the actual price to be determined by an appraisal as provided for below), the PROPERTY as approximately shown on Exhibit "A" at such time as the CITY obtains unencumbered title to the PROPERTY from the PRESERVE. The CITY agrees to provide notice to the COUNTY of the date that it receives title to the PROPERTY within three (3) days of said date. The CITY further agrees to transfer the PROPERTY to the COUNTY when the COUNTY deposits the purchase price set out in the final appraisal for the PROPERTY in the escrow account as provided below. The CITY and the PRESERVE agree to adjust the acreage for the PROPERTY in consultation with the COUNTY, so the final appraisal of the PROPERTY will not exceed $2.0 million dollars. Unless and until such time as the CITY or COUNTY obtains unencumbered title of the PROPERTY, the CITY shall not approve the proposed Legacy Highlands Specific Plan without providing for the dedication or sale of the PROPERTY as provided herein. 4) Appraisal of the Property. The parties agree to utilize the appraisal performed by Len Perdue dated September 10, 2007 as the purchase price for the 70 acres of the PROPERTY designated as the preferred CEQA site. The September 10, 2007 appraisal shall also serve as the basis for the purchase price of the entire PROPERTY subsequent to an adjusted re- valuation based on the additional acreage and public access. The COUNTY will fund the expense of the re-valuation. 5) Escrow Account. The CITY and the PRESERVE agree to set up an escrow account for the transfer of the PROPERTY and provide escrow instructions consistent with this MOU. The escrow instructions shall be subject to review and reasonable approval by the Riverside County Counsel and the Beaumont City Attorney. The COUNTY agrees to deposit into the escrow account, the purchase price set out in the final appraisal for the PROPERTY within thirty (30) days of receiving notice from the CITY that the CITY has obtained title to the PROPERTY or within thirty (30) days of receipt of the final appraisal, whichever date is later. The PROPERTY will be transferred to the COUNTY within three (3) days of the COUNTY's deposit of the purchase price set out in the final appraisal for the PROPERTY. The COUNTY and CITY may mutually agree to other arrangements for the transfer of the PROPERTY. 6) Use of Property. The COUNTY shall reserve for itself and its successors the perpetual open space and land conservation covenant and deed restriction contained in Exhibit "B" over 3 approximately 319 acres of the PROPERTY, as approximately depicted on Exhibit "A". The COUNTY further agrees to record this covenant concurrently with the transfer of the PROPERTY. The remaining approximately 70 acres of the PROPERTY shall be designated as part of a preferred site for potential future expansion of the LCL subject to and contingent upon future compliance with CEQA, consistent with CEQA Guidelines section 15004, subd. (b)(2). The parties understand and agree that any expansion of the LCL onto the designated preferred site will be subject to and contingent upon future environmental review pursuant to the California Environmental Quality Act (CEQA) before any formal decision is made regarding uses or facilities at the site. 7) CEQA Compliance. The parties recognize and agree that the COUNTY and CITY are required to exercise unconstrained discretion in complying with CEQA, and that such compliance and the decisions of COUNTY and CITY based on such compliance will be without prior constraint or commitment as to how such discretion will be exercised. The COUNTY's designation of the PROPERTY as a preferred site for future expansion of the LCL shall not affect the COUNTY's ability to exercise its sole and absolute discretion with respect to the PROPERTY or the LCL. Nothing contained in this MOU shall be construed to require COUNTY to make any particular finding or to otherwise exercise its sole and absolute discretion in any manner regarding the potential future expansion of the LCL, the conditions that may be attached to any such approval or mitigation measures that may be adopted. The COUNTY's plans for the future expansion of the LCL shall not affect the CITY's ability to exercise its discretion with respect thereto or to the Legacy Highlands project, which is otherwise consistent with this MOU. All parties agree this MOU is exempt under CEQA pursuant to CEQA Guidelines sections 15004, subd. (b)(2)(a), 15061, subd. (b)(3), 15262, 15313, 15317, and 15325. The CITY and COUNTY agree to file Notices of Exemption within 36 hours of their approvals of the MOU. 8) Access and Recycled Water. The COUNTY has expressed a desire for legal access to the PROPERTY and the LCL across adjacent lands owned by the PRESERVE in order to obtain recycled water from the CITY and secondary access to the LCL. The CITY and PRESERVE including their successors-in-interest, agree to assist and cooperate with the COUNTY in obtaining such legal access rights when and if development proceeds within the Legacy Highlands Specific Plan. 9) Potential Expansion of LCL. The CITY and PRESERVE acknowledge the COUNTY is contemplating expanding the LCL. The contemplated expansion area includes acreage from the existing landfill site as well as approximately 70 acres of the PROPERTY. The COUNTY will designate a preferred site for potential future expansion of the LCL, including approximately 70 acres of the PROPERTY. Exhibit "C" to this MOU is a true and correct copy of a map showing the preferred site to expand the LCL. The contemplated expansion area would be utilized in the future to expand the landfill footprint area and to establish ancillary facilities. The PROPERTY would also allow the COUNTY to capture the headwaters of the contemplated LCL expansion and provide appropriate drainage and erosion control measures and environmental monitoring and control. The COUNTY and CITY agree to cooperate on the planning and environmental review of the potential expansion of the LCL. The CITY acknowledges that such cooperation shall not effect the COUNTY's absolute and sole discretion relating to any future expansion of the LCL. The 4 CITY and the PRESERVE, as well as their successors-in-interest, agree not to file a legal challenge to the COUNTY'S expansion of the LCL or any future approval(s) by the COUNTY for expansion of the LCL within the designated preferred CEQA site. 10)Recordation of MOU. Within three (3) days of any LAFCO approval relating to the Legacy Highlands Specific Plan, the PRESERVE agrees to record this MOU in the chain of title to all parcels within the proposed Legacy Highlands Specific Plan in the official records of the COUNTY. Exhibit "D" to this MOU contains of map identifying all the parcels within the proposed Legacy Highlands Specific Plan. The PRESERVE further agrees to provide notice to the COUNTY within seven(7) days of satisfying this provision. 11)Conditions of Approval for Planning Area 5 of Legacy Highlands. The CITY agrees to apply and the PRESERVE agrees to accept the following conditions of approval to be applied to Planning Area 5 of the Legacy Highlands Specific Plan if said specific plan is approved: (a) Disclosure of LCL. Prior to the tentative approval of any and each land division within Planning Area 5 of the Legacy Highlands Specific Plan, a Condition of Approval shall be applied to the subdivision map requiring that prior to final map recordation, the applicant shall provide for the notification of all initial and future purchasers of dwelling units of the existence of the LCL and the COUNTY's designation of a portion of the PROPERTY as a preferred site for future expansion of the LCL pursuant to the recorded MOU, which shall include the following: 1. Recorded Declaration of Covenants, Conditions and Restrictions (CC&Rs), which will be included with the overall Covenants, Conditions and Restrictions for the Legacy Highlands Specific Plan. These CC&Rs must be provided to each home buyer and must be read and signed by the buyer prior to the close of escrow. 2. Transfer Statement to be included in Grant Deeds, which will run with the land and ensure that any subsequent home buyer will be notified of the CC&Rs with the disclosures, as noted above. 3. Declaration of CC&Rs, which is a public disclosure included within the State of California, Department of Real Estate, Final Subdivision Public ("White") Report. This "White Report" is also read and signed by each home buyer prior to the close of escrow. 4. Statement to be signed by Transferee (Purchaser), which specifically and fully informs the home buyer of the LCL and designation of the preferred site for future expansion of the LCL contemplated by this MOU. The Statement shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. 5 (b) Easement in favor of LCL. Concurrently with the recordation of any subdivision within Planning Area 5 of the Legacy Highlands Specific Plan, easements and/or a right-of-way shall be recorded to allow the COUNTY (1) secondary access to the PROPERTY, and (2) to connect to a recycled water pipeline in the subdivision(s). The easements and/or right of way shall be shown on the final recorded map(s) for any and each of these land divisions. The easements and/or right-of-way shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. 12)Legacy Highlands Specific Plan Conditions of Approval. The CITY agrees to apply and the PRESERVE agrees to accept the following conditions of approval to the Legacy Highlands Specific Plan if said specific plan is approved: (a) Dedication or Agreement for PROPERTY. Unless and until the COUNTY obtains unencumbered title to the PROPERTY, a Condition of Approval shall be applied requiring the dedication or sale of the PROPERTY as provided herein. No further approvals or permits will be granted relating to the Legacy Highlands Specific Plan or Legacy Highlands project until the COUNTY obtains unencumbered title to the PROPERTY. The condition of approval shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. (b) Recordation of Covenant. The PRESERVE shall record a covenant running with the land consistent with the provisions set forth in this MOU in the official records of the COUNTY. The covenant shall apply to each lot, or undivided fractional interest in all units, within the Legacy Highlands Specific Plan. Exhibit "D" to this MOU contains of map of the Legacy Highlands Specific Plan. The covenant shall provide that each owner of a residential lot or an undivided fractional interest within the Legacy Highlands Specific Plan is aware of LCL and its potential future expansion and waives any right to file a legal challenge to the future expansion(s) of the LCL consistent with State Law and this MOU, specifically any land use consistency or compatibility issues. The covenant shall state that it is a covenant and/or equitable servitude that runs with the land. The covenant shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney, and shall be recorded as soon as reasonably possible but in any event prior to any real estate sales transaction relating to the Legacy Highlands project or within Legacy Highlands Specific Plan. The covenant shall include language: (1) for reasonable written notice in sales transactions of the covenant, (2) for right of enforcement of the covenant, including but not limited to, specific performance, damages, lien rights, and reasonable prevailing party attorney fees, and (3) that it run with the land. The parties intend the foregoing description to be a fair and accurate summary of the terms and conditions to be included in the transfer covenant. (c) COUNTY Approval Requirements for the Legacy Highlands Specific Plan. The CITY agrees to apply and the PRESERVE agrees to accept the following 6 conditions of approval to any development on land adjacent to the PROPERTY within the Legacy Highlands Specific Plan if said specific plan is approved: 1. The parties understand and agree that the master flood control/drainage plans for the Specific Plan area and/or the flood control/drainage plans for any and each subdivision containing a proposed sedimentation basin will be subject to review by the COUNTY Waste Management Department. 2. Prior to issuance of a building permit, the developer/applicant for any and each subdivision shall be required to prepare a Waste Recycling Plan (WRP) for approval by CITY that, at a minimum, identifies the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. 3. The PRESERVE including its successors-in-interest agrees to demonstrate compliance to the CITY (i.e., receipts or other type verification) with the approved WRP at all times during development of the Legacy Highlands project. The parties shall cooperate as needed to maintain project compliance at all times and the CITY shall have the authority to halt any and all development activities within the Legacy Highlands project should it deem in its sole and absolute discretion the project or any component portion thereof is not in compliance. 13)COUNTY'S Obligations. If the PROPERTY is transferred to the COUNTY consistent with the terms provided in this MOU and the CITY's approval of proposed Legacy Highlands Specific Plan is substantially similar to the project described in the Draft EIR, then the COUNTY shall not file a legal challenge to the CITY's approval or annexation of the Legacy Highlands project. If the PRESERVE does not proceed with the Legacy Highlands Specific Plan and the PROPERTY has been transferred to the COUNTY, the COUNTY further agrees not to file a legal challenge to any project within the Legacy Highlands Specific Plan area substantially similar to the proposed project in the Legacy Highlands Specific Plan Draft EIR. If and when the PROPERTY is transferred to the COUNTY, the COUNTY specifically acknowledges that the proposed densities within the Legacy Highlands Specific Plan are consistent with the CITY's general plan and do not create land use consistency or compatibility issues with the LCL or the contemplated expansion of the LCL as described herein. 14)Legal Challenges to Legacy Highland Specific Plan. If a lawsuit is filed challenging the approval of the Legacy Highlands Specific Plan, the parties agree the following provisions will apply. 7 , a) Tolling Agreement. The parties agree that the Statute of Limitations for any challenge by the COUNTY relating to the Legacy Highlands Specific Plan is tolled until the PROPERTY is transferred to the COUNTY. The timeframe between any approval of Legacy Highlands Specific Plan and the date of recordation of the transfer of the PROPERTY to the COUNTY, shall not be included in computing the running of, or deadline under, any statute of limitations that may be applicable to any action brought or claim asserted by the COUNTY in any court in connection with the approval of the Legacy Highlands Specific Plan or subsequent approvals by the CITY or any public entity relating to Legacy Highlands. The parties contemplate that the transfer of the PROPERTY will take place within sixty (60) days of the LAFCO's approval of Legacy Highlands Specific Plan; however, the tolling agreement shall be extended as may be needed to cover any appeal or legal challenge related to Legacy Highlands. The CITY and the PRESERVE agree any defenses or claims of laches, estoppel, waiver or other similar defenses based upon the timeliness of any action brought or claim asserted by the COUNTY shall not include the above-described period. b) Waiver. The CITY and the PRESERVE further agree to waive any defense based on exhaustion of administrative remedies, standing, or similar defenses. The parties agree that this MOU and the transfer of the PROPERTY to the COUNTY adequately mitigates the significant land use consistency and compatibility issues between the Legacy Highlands Specific Plan project, the LCL and the contemplated future expansion of the LCL as described in this MOU. If for any reason the PROPERTY is not transferred to the CITY (or the COUNTY through inverse condemnation proceedings), the parties further agree that significant land use consistency and compatibility issues will exist between the Legacy Highlands Specific Plan project, the LCL and the potential future expansion of the LCL, which would require recirculation of the Draft EIR for the Legacy Highlands project. The parties also agree that if the Legacy Highlands Specific Plan is remanded by any Court, the COUNTY is not limited to commenting on issues included within the scope of any such order or writ remanding the project. The parties agree that this MOU will be included in the administrative record for the Legacy Highlands project. c) Potential Future Eminent Domain Proceedings. If for any reason the CITY does not transfer the PROPERTY to the COUNTY within five years of the CITY's initial approval of the Legacy Highlands Specific Plan, the CITY and PRESERVE, including their successors-in-interest, agree not to challenge, contest, or oppose the COUNTY's right to take the PROPERTY by eminent domain. The CITY and PRESERVE further agree not to contest any declaration of necessity adopted by the COUNTY relating to the PROPERTY after said five year period has run, including but not limited to any findings or environmental review relating to any such declaration of necessity. The CITY and PRESERVE expressly waive any objections to COUNTY's taking of the PROPERTY under section 1250.360 of the California Code of Civil Procedure. The parties agree that the final appraisal of Len Perdue as provided above shall be purchase price for the PROPERTY and represents just compensation and the fair market value for PROPERTY in any eminent domain proceeding. The COUNTY agrees to meet and confer with CITY and the PRESERVE prior to adopting any declaration of necessity relating to the PROPERTY. The parties further agree that if the COUNTY takes the PROPERTY through eminent domain proceedings in accordance with this MOU, the action will not 8 result in a breach of this MOU, and any provisions of this MOU not affected by the action shall remain in effect. The parties agree that the only provisions of this MOU that would be affected by such an action are the provisions relating to how the PROPERTY is transferred. The CITY and the PRESERVE further agree to meet and confer regarding how the condemnation proceeds shall be distributed. 15)COUNTY'S Right of Entry and Inspection. The CITY and PRESERVE agree that from the date of any approval of Legacy Highlands Specific Plan and the date of recordation of the transfer of the PROPERTY to the COUNTY, the COUNTY and its designees shall have the right to enter upon all portions of the PROPERTY for purposes of conducting preliminary archeological, paleontological, biological, geological, geotechnical, environmental studies and investigations, and any other purposes reasonably related to COUNTY's acquisition of the PROPERTY. Such studies and investigations may include, but are not limited to, sub- surface explorations such as exploratory borings, groundwater wells, test pits and trenches for the purposes of providing material parameters and geotechnical and geologic data. 16)Severability. In the event any of the terms, conditions or covenants contained in this MOU are held to be invalid, any such invalidity shall not affect any other terms, conditions or covenants contained herein which shall remain in full force and effect. The parties further agree to cooperate and use their best efforts to remedy any invalid portion of this MOU. Any remedy shall be designed to meet all the objectives of this MOU to the extent feasible under the law. The parties agree that that any delay in the COUNTY's purchase of the PROPERTY resulting from the COUNTY's or CITY's legal compliance efforts, a court order, or court judgment shall not effect the CITY's obligation to transfer the PROPERTY to the COUNTY. The parties expressly agree to reform or enter into a new contract(s) to transfer of the PROPERTY to the COUNTY consistent with the terms of this MOU, if this MOU is held invalid or it is necessary for any other reason. 17)Definitions. For purposes of this MOU: (a) "CEQA"means the California Environmental Quality Act. (b) "CITY"means the City of Beaumont. (c) "COUNTY"means the County of Riverside. (d) "LAFCO" means the Local Agency Formation Commission for Riverside County. (e) "LCL" means Lamb Canyon Sanitary Landfill. The LCL is one of two regional landfills owned and operated by the COUNTY. (f) "Legacy Highlands Specific Plan" or "Legacy Highlands" means the Legacy Highlands Specific Plan project (SCH No. 2005031155) and includes any subsequent projects within the Legacy Highlands Specific Plan area after any initial approval by the City Council of the Legacy Highlands Specific Plan 9 (g) "Planning Area 5 of the Legacy Highlands Specific Plan" means the area designated as such in Exhibit "D" to this MOU or any subsequent development within Planning Area 5 of the Legacy Highlands Specific Plan after any initial approval by the City Council of the Legacy Highlands Specific Plan (h) "PRESERVE" means The Preserve, LLC, a California limited liability company. (i) "CITY'S Approval of the Legacy Highlands Specific Plan" means the final approval of the Legacy Highlands Specific Plan by the City Council. Final approval includes contemplate future approvals that may be required for the Legacy Highlands Specific Plan, or within the Legacy Highlands Specific Plan area, as depicted in Exhibit "D" to this MOU, as the result of a court order, settlement, or for any other reason after any initial approval by the City Council of the Legacy Highlands Specific Plan. 18)General provisions. (a) The titles and headings of the various sections of this MOU are intended solely for convenience of reference. (b) This MOU may not be altered or modified except in writing by a document signed by the CITY and the COUNTY. (c) The parties agree to attempt to mediate any dispute or claim or matter of interpretation arising between them relating to this MOU before resorting to court action. (d) The parties agree to continue to work together and cooperate in good faith in implementation of this document. (e) This MOU shall be governed by and construed according to the laws of the State of California with venue in Riverside County. (f) The parties do not intend to create any third party beneficiaries to this MOU, except as specifically provided herein. (g) Except as otherwise specifically set forth herein, this MOU shall be binding on and inure to the benefit of the heirs, successors, assigns and transferees of the parties. The parties agree to provide a copy of this MOU to their assignees/transferees/grantees. (h) This MOU and the attachments to it contain all of the representations and the entire understanding and agreement among the parties with respect to the matters described in the MOU. Correspondence, memoranda, and oral and written agreements that originated before the date of this MOU are replaced in total by this MOU unless otherwise expressly stated in this MOU. 10 (i) The individuals signing this MOU on behalf of each party represent and warrant that they are authorized to do so on behalf of their respective parties. (j) Except as set forth herein, nothing contained herein shall constitute a waiver of any claims, demands, causes of action, positions, rights, remedies, and defenses, in law and in equity, of any of the parties. (k) The parties acknowledge that each party and its counsel have reviewed and revised this MOU and that no rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this MOU. (1) The effective date of this MOU shall be the date the parties sign this MOU, as indicated below. If the parties sign this MOU on different dates, then the later date shall be the effective date. (m) The parties agree that specific performance is an appropriate remedy for enforcement of this MOU. In any action to enforce this MOU, the prevailing parties shall recover its attorneys' fees and costs. Any enforcement of this MOU may be sought against only the Party or Parties claimed to be in breach of the MOU, as well as their heirs, successors, assignees and transferees of the Parties. (n) Should a dispute arise over performance of any obligation set forth in this MOU, the party claiming the breach shall give the other party written notice of the alleged breach, itemizing each obligation it disputes and the manner in which it contends the other Party has failed to perform. Following receipt of such notice, the Parties or their representatives shall, within ten (10) business days of receipt of the notice, personally meet and confer to attempt to resolve the alleged breach. If any and all of the Parties alleging the breach cannot resolve the alleged breach through the meet and confer process, any Party can seek enforcement of this MOU through litigation alleging a breach of contract, to be filed in the Riverside County Superior Court. (o) All notices required under this MOU shall be in writing, and may be given either personally or by registered or certified mail (return receipt requested) or facsimile. Any Party may at any time, by giving ten (10) days' written notice to the other Party, designate any other person or address in substitution of the address to which such notice shall be given. Such notice shall be given to the Parties at their addresses set forth below: For the County of Riverside: Hans Kernkamp Riverside County Waste Management Department 14310 Frederick St. Moreno Valley, California 92553 11 I " Telephone: (951) 486-3200 Fax: (951) With a copy to: Katherine A. Lind County of Riverside Office of the County Counsel 3535 Tenth Street, Suite 300 Riverside, CA 92501 Telephone: (951) 955-6300 Fax: (951) 955-6363 With an additional copy to: Whitman F. Manley Remy, Thomas, Moose and Manley, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814 Telephone: (916)443-2745 Fax: (916) 443-2745 For City of Beaumont: Alan Kapanicas City Manager City of Beaumont 550 East 6th Street Beaumont, CA 92223 Telephone: (951) 769-8520 Fax: (951) 769-8526 With a copy to: Joseph Aklufi City Attorney City of Beaumont 550 East 6th Street Beaumont, CA 92223 Telephone: (951) 769-8520 Fax: (951) 769-8526 For The Preserve, LLC 12 David Golkar The Presreve, LLC 575 Anton Blvd. Suite 820 Costa Mesa, Ca, 92626 Phone: 949-502-8100 Fax: 949-502-8120 With a copy to: Aamir Raza Law Office of Aamir Raza 655 N. Central Avenue, 17th Floor Glendale, CA 91203 Phone: 818-649-7782 Fax: 818-484-2115 (p) This MOU may be executed in counterparts. The counterparts shall together comprise a single MOU. 13 RIVERSIDE COUNTY CITY OF BEAUMONT WASTE MANAGEMENT DEPARTMENT 550 East 6th Street 14310 Frederick Street Beaumont, CA 92223 Moreno Valley, CA 92553 RECOMME DED FOR APPROVAL B ' By: r�''`i� J- f Fox, ayo By: ans Kernkam et General Manager-Chief Engineer Dated: A_ ur.r Dated: /a � / `J /07 COUNT OF RIVER E ATTEST: By: ( 1�I C • • , Board of Superv. rs By: ,9Y WILSON City Clerk A • i ATTEST: (Seal) By� Iii THE PRESERVE, LLC Jerk ot NaI OMERO DEPUTY (Seal) R By: (Name/Title) Dated: FORM APPROVED COUNTY COUNSEL H 14 BY: RINEA. LINb U11D�1 RIVERSIDE COUNTY CITY OF BEAUMONT WASTE MANAGEMENT DEPARTMENT 550 East 6th Street 14310 Frederick Street Beaumont, CA 92223 Moreno Valley, CA 92553 RECOMMENDED FOR APPROVAL By: Jeff Fox, Mayor By: Hans Kernkamp, General Manager-Chief Engineer Dated: Dated: COUNTY OF RIVERSIDE ATI EST: By: Chairman, Board of Supervisors By: City Clerk ATTEST: (Seal) By: E PRESERVE, LLC Clerk of the Board 8 '8Eav•-tc)r.A i*Loc,• -�-t,- (Seal) 'Tsf �` By: kAlik\ Nut, ( lie/11 le) Sw+ c,-) t ( Dated: ' - ' - 14 List of Exhibits: A. Map and description of the PROPERTY B. Perpetual open space and land conservation covenant and deed restriction. C. Map and description of the preferred site for CEQA review to expand the LCL D. Map and description of the parcels subject to MOU covenant 15 II �r'-' 1, i ¢ Ill { If �:� f ., , i:rl _ t vrr CIII j i,i i III 1 I I. 1 1, 1: 1 .�� 4 �� �Cm� � �_ [III ll �RS'�'� _�ilf- r 1 ,70 \f,<??). et ex ,' .1 an ung I Mg/IL' ' 41: 3i;:11 fro o ;; 1 7 Y"" nn sous uua! l_qu, I _L _- - FOURTH STREET 1 I L 11 1 11 ,.:,;, 1 7 _.. ;ll f1 �� l!lllfl1 ill11 e: ., J{iI.,.t }:. 11 1 11Le1t11TH I 1 ii� � _r �r .-i- T1 6 S '� SII' 1 i 4 I s _ I "Il C iT � 1 i 7 I 1 1 ,'1( _i. n t 1 I Ii rt i' 1 re L I I , I H V 1 I a t .2, I 1 • 157 D± AC. . I 1 1 11 ` �."'n CITY PARCEL t' WASTE tvtANAGEMEWT STRICT''PARCEL I 385.35 L AC 1 t, i`:. j Az _.. .... 0 1250 :i0C ice. 1 1 inch = 2600 ft I 1 _ I _ j_ \,‘MOU — Potential Future Expansion at Lamb Canyon Landfill 4144 Map of the PROPERTY and Riverside County Approximately 157 Additional Acres �/� Exhibit A Waste Management Departtnent File Directory:,giteeAambloroperty acquisitbMc_mou_preserve10262007b-exA.dgn Date: October 26,2007 Scale :see above EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: County of Riverside Office of the County Counsel 3535 Tenth Street, Suite 300 Riverside, CA 92501 PERPETUAL OPEN SPACE AND LAND CONSERVATION COVENANT AND DEED RESTRICTION This Perpetual Open Space and Land Conservation Covenant and Deed Restriction (hereinafter"Deed Restriction") is in reference to the real property more particularly described and depicted in Exhibit"1" (hereinafter the "Property") attached hereto and made a part hereof, conveyed by deed on or about , from the City of Beaumont (hereinafter "City')to the County of Riverside (hereinafter"County")pursuant to the terms of the Memorandum of Understanding Among the City of Beaumont, the County of Riverside, and The Preserve, LLC Regarding Cooperation on Potential Future Expansion of the Lamb County Sanitary Landfill, the Legacy Highlands Specific Plan, Implementation of the Cooper's Creek Special Connectivity Reserve and Policy Area and Agreement to Dedicate, Buy and Sell Land, dated (hereinafter referred to as"MOU"). RECITALS WHEREAS, the City, the County and The Preserve LLC entered into the MOU for the purpose of dedicating, selling and buying land among the City, County and Preserve to preserve open space, to create a buffer to mitigate impacts related to the proposed Legacy Highland Specific Plan and the Lamb Canyon Sanitary Landfill (hereinafter"Landfill"), and facilitate the potential future expansion of the Landfill. WHEREAS, by the terms of the MOU, the City shall sell to the County the Property referenced in Exhibit"1." WHEREAS, the sale of the Property is subject to the conditions of the MOU. WHEREAS, one of the conditions of the MOU provides that the County shall reserve for itself and its successors the perpetual open space and land conservation covenant and deed restriction over approximately 319 acres of the Property(hereinafter"Reserved Property"), as approximately depicted on Exhibit"2." 100027597.DOC;I} WHEREAS, the intent of this document is to assure that the Reserved Property will be retained and maintained forever predominantly as open space. NOW, THEREFORE, each recital set forth above is incorporated herein by reference and is made a part of this Deed Restriction. NOW, THEREFORE, the County agrees that the Deed Restrictions will be subject to the following conditions: 1. Property Description The Reserved Property is described and depicted in the attached Exhibit "2." 2. Term This Deed Restriction shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users. The County must file this Deed Restriction of record with the County Clerk of Riverside County, California within 10 days of the date this document is signed. 3. General a. Compatible Uses. The Reserved Property shall be used only for purposes compatible with Open Space Foundation Component of the County General Plan with the exception of those specific activities addressed in paragraph 3(b); b. The following specific activities as shall be allowed on the Reserved Property: (1) The installation, maintenance and sampling of environmental monitoring controls (i.e. groundwater wells, gas monitoring probes, storm water samplers); (2) The installation and maintenance of a water supply line extending from the northerly boundary of the Reserved Property to the southerly boundary of the Reserved Property; (3) Gathering of physical data for the purposes of geotechnical, biological and geological studies; (4) Land surveying (including the installation of and access to survey monuments); and (5) Maintenance and access roads. 2 4. Enforcement If the Reserved Property is not maintained according to the terms of this Deed Restriction, the County is responsible for taking measures to bring the Reserved Property back into compliance. 5. Severability Should any provision of this Deed Restriction or application thereof to any person, entity or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. IN WITNESS WHEREOF, the County of Riverside hereto has duly executed and delivered this Perpetual Open Space and Land Conservation Covenant and Deed Restriction as of the day and year written below. Signature Date Printed Name Title 3 = U r3 z c t C 0 L. o 0 c N— T N rn (s M - h UX -0 Q1 CL a a '' L IS o d N .... o n o 8:0 C _ C , o � a as �¢ O W CO > .0 4--".. �� m COcci,„ D Hir ca t .,y 4 „. it / I K J. sy t \ 1� r1i ,1. O , Iii jilt ��� m V ' , .k _v. , h / :,'1:1:: -�'� r r #, • . ' . 61 �� Ai` �' ::;:--77111568'3141° —1.-: �_. t.r.SLI' -\\O I iii /^ i ' A -- ' , ics x ;''� ss d ��t O,'#' '.... \ 'i `,1 it „.j.t.r,.*;it.12. .,„ ., t •t 4 ,'r � lir f� }. 1 ,k,,77---,- y't G,c,a.. wrocto <<�%��`›----,,,4,' �'� 1(V .-- 3 s . t Ca 1,; '7, ,, :.17,4.:-A,.' 1,' 17'''•� 1 { + << � pz " 5,1\,)ir*Z' ^ '-i,-,-'a,1',_''', 4'14Nc``'.?, (1 q2 ,I �� r''`. 477.,1 , \'‘\`..•t . o s t I • -- r EXHIBIT " It PLOT "LEGACY HIGHLANDS" ADJOINS SHEET 3 A.P.N. A.P.N. 0 8 421-070-007 421-070-005 SN88'11'30'E 0 1 9 W 1317.10' S88'11'30"E — 1316.90' 18 17 1 77714\1 16 o .0 NORTHEAST CORNER t I )1, SEC 17, T3S, RUN (�o , i(I o N88'24'59"E '1�^ � '� In _ 660.00' (" N 0 _ 0 w �: — �a \ AP 6 to Q O 1 n z 660.00' iw o o ,4 I n() 588°24'59"W o N r� z Scale: 1"=800' ,- r) o (so (n (;) 1 7 `J- 1N 1/4, COP. SEC. 17 6 A.P.N. 421-080-002 E 1/4, COR. SEC. 1/ 0 b o H d- N W o (00 W co N x N 1-Li CID N GRAPHIC SCALE o z Th- d- 400 800 1600 3200 t0IN/ O to 1 1 1 0 ►-.: o o 0 1 inch = 800 ft. cn A z 1 8 17 1 7 it 6 ADJOINS SHEET 2 t 2 N QPrepared in the office ofSHEEET ROI Consulting' Group, Inc. "LEGACY HIGHLANDS" 4 Engineering 575 Anton Blvd., # 820 OF 5 Planning Costa Mesa, CA. 92626 PORTIONS OF SECTIONS 8,0 16,�1l7 AND 20, QConstruction Mgmt. Tel (949) 502-8100 T. 3 S., R. 1 W., S.B.B.M., Environmental Svs. Fax(949) 502-8111 DATE: Geotechnical Engr. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 12/21/07 EMa il:a dm inistra tion®roxcgi.c om EXHIBIT " I . PLOT "LEGACY HIGHLANDS" 1 " ' 1 7ADJOINS SHEET 1 0, T 9 20 1 I lo A.P.N. 421-190-002 I mo N 4 to o 1 ,, N.- LtD N - Scale: 1"-=800' \ I N A.P.N. 421-190-003 b �,) r) n', ao N ln`)' �✓ (moi z SW1/4, NW1 !4 o (l) Z n,, I `.i C') u_ N89'14'52"W 2 0 N89'14'52"W 1267.26' 1267.26' ---' o �o o0 NE1/4, SE1 %4 oZ o Z o A.P.N. 424190-004 In k d• 2 Q- 2 n G co Q Qai NW1/4, SW1/4 O) �o I I [JV:'1 /4, SE1 /4 in,)' �✓ O O I") N"tt NN r i CM ( v O N Z S76'30'25"W cori N NE1/4, SW1/4 26.83' o N89'21'15'W C Nco w ''---- 1262.27' ---"'r —J_ _ _1276.77' SE 1 /4. �� /4 \ w In PN89'22'05"W 3 SE 1/4 h�/^nom N P !� N N r / 'N�' 10 h"o/ o o -LNn `n S'W1/4. SE1/4 p to 4) , ,,N o OI Oo re,O — �L��`, /O t.-,' F� Z i pts '>� J r�,nv-�/�� 2 0 21 /�- 1281.48' ('a jj� 1022.35 �— 1281.48' 3 0 2 9 N89'21'48"W / \,J 251 2B GRAPHIC SCALE SOUTHEAST CORNER / 0 400 800 1600 3200 SEC 20, T 3 S, R 1 W I I I 1 1 inch = 800 ft. Prepared in the office of SHEET 1.111=11.11 Prepared Consulting. Croup, Inc. "LEGACY HIGHLANDS" 2 4 Engineering 575 Anton Blvd., # 820 OF 5 Planning Costa Mesa, CA. 92626 PORTIONS OF SECTIONS 8, 16, 17 AND 20, QConstruction Mgmt. Tel (949) 502-8100 T. 3 S., R. 1 W., S.B.B.M., Environmental Svs. Fax(949) 502-8111 DATE: Geotechnical Engr. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 12/21/07 EMail:administration®roxcgi.com r--7-�- EXHI .iIT " I " PLOT "LEGACY HIGHLANDS" I ,}�� STATE HIGHWAY 60 7' I� I q (oL SEE SHEET 4 -0r- NI 0 b i N d' r- c3' I cil o (J o c, N N m mom— 4 A.P.N. 421-060-003 V) N W 1/4 cr ul Scale: 1"=800' LI) (L) A.P.N. 421-060-004 00 0cNi N 8913'22" W 2770.40' to � (`% L() rn N A.P.N. 421-}070-001 GOV'T — 8 c- o I • 71- SOT 2 v W GOV'T GOV'T (,) o GOVT n j U' LOT 3 LOT 4 / Z LOT 1 I 1 n�)� -It-.. N i,r' I L.-- fT1 I ' '✓ ()) J S88'42'29"EF 1351.17' ---7 v- o 0 ^ ) C. GOV'T A P.N. LOTA.P.N. 0 421-070-004 , OGOv'T LOT 8 421-070-006 coWT o con LOT 5 rn r--)..(j' GOVT Co0 LOT S rri rchA.P.N. A.P.N. 7 (-1, 421-070-007 421-070-005 SN88'11'30"E ,L______ 0) 9 1317.10' 58811'30"E :� 1316.90'ADJOINS SHEET 1 / 1 / 1_ 6 Prepared in the office ofSHEET ROX Consulting Group, Inc. "LEGACY HIGHLANDS" 3 4 Engineering 575 Anton Blvd., # 820 PORTIONS OF SECTIONS 8, 16, 17 AND 20, OF 5 Planning Costa Mesa, CA. 92626 Qconstruction Mgmt. Tel (949) 502-8111 Environmental Sys. Fax(949) 502-8111 T. 3 S., R. 1 W., S.B.B.M., DATE: Geotechnical Engr. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 12/21/07 EMail:a dministration®roxcgi.com EXHI I? 1 PLOT "LEGACY HIGHLANDS" W 6 5 STATE HIGHWAY 60 a 7 _ -,w,-) PAR. 8373-B-1 , INST. N0 . g -NORTH LINE SEC. 8 0 cu'D)I - 72258, REC. 9-19-1959, OR 20.00' w / 588'53'09"E = - 588'53'06"E 530.66' C/) id 7 A. 1292.81' Z A.P.N. 421-060-003 564383,2' �47' 41, )84 NW 1/4 OF FO o N SEC. 8 co o Lc) S'LY LINE OF DEED, z BK 2161 , PG 442, REC. 9-11 -1957, OR N ADJOINS SHEET 3 GRAPHIC SCALE Q 0 100 200 400 800 4 1 1 inch = 200 ft. Scale: 1"=20D' _ STATE HIGHWAY 60 5 NORTH LINE SEC. $-/ PAR. 8373-B-2, INST. NO. o E-4 72258, REC. 9-19-1959, OR N N x NW 0 588'53'09"E 78.42'49"E 579'0748»E N Q 1292.81' N 176.34' 175 45' co -i r� 567.7322 // — <4 A.P.N. 421-060 003 3F tk / L=64.82' w cn ��rp0� R=744.00' in Z NW 1/4 OF ��2� D=04'59'31" p r Ul W o SEC. 8 S'LY LINE OF DEED, co N A BK 2161 , PG 442, 0 1m REC. 9-11 -1957, OR ADJOINS SHEET 3 Prepared in the office ofSHEET ROI Consulting. Croup, Inc. "LEGACY HIGHLANDS" 4 4 Engineering 575 Anton Blvd.. # 820 OF 5 Planning costa Mesa. c.A. 92626 PORTIONS OF SECTIONS 8, 16, 17 AND 20, Qconstruction Mgmt. Tel (946) 502-8100 T. 3 S., R. 1 W., S.B.B.M., DATE: Environmental Svs. Fax(949) 502-8111 Geotechnical Engr. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 12/21/07 EMathadministration@roxegi.com 4. O EXHIBIT " D " PLOT "LEGACY HIGHLANDS.' 1 � 0/ (s) ADJOINS SHEET 1 1 �� Gln d- ..,m- 9 a gsco- "E ^ N '0 N (:i �i Li o w Scale: 1"=800' L - I CENTER g�,W Li N SEC 16, T3S, R1 W o :,c- ,�., /-,-, _ �� I,, '1/4-)/ / / ,`)IVI 1 29 // 1 2— 1 :3 cJ '� �' 16 15 O Lc) R\ _. '52/ `Y/ 1 . ^ r " S88'S0 40 E (;) 1\184'08'00"E 1325.68' ,' 1\184'08�'E 1319.91' 1325.69' 1111ILLL 1319.90' Gov'T �- N88'50'40"W L O 3 n,) `✓ LOT 2 '� ? a I 1 i. __ •N J to GOVT GOVT o in A.P.N. o rn A.P.N. N LOT 4 E LOT 1 o 421-100-002 0 ' 421-100-005 - 1 W oN z N w N N I Cf) N ) S88'13'35'W M cn o - - 1310.21' - N) ( A.P.N. o O t° o oi 421-100-010 6 -1�n 0 GOV'T ' N GO\/'T N 00 � 1 ILOT 8 GOV'T w[ N87'57'11'W to GOVT LOT 7 co `� 1277.55' z_riN LOT 5 oaa) LOT 6 I 0 Nt. '''''' 1, ,d 21 1 22 GRAPHIC SCALE tN 0 400 800 1600 3200 N 1 inch = 800 ft. N QPrepared in the office ofSHEET ROX Consulting. Group, Inc. "LEGACY HIGHLANDS" 5 4 Engineering 575 Anton Blvd., # 820 OF 5 Planning Costa Mesa. CA. 92626 PORTIONS OFoSECTIONS 8, 16,D �1l7 AND 20, Construction Mgmt. Tel (949) 502-8100 T. 3 S., R. 1 W., S.B.B.M., DATE: Environmental Svs. Fax(949) 502-8111 Geotechnical Engr. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 12/21/07 EMaihadministration@roxegi.com administration®roxcgi.com MEMORANDUM OF UNDERSTANDING �1D THE 1 -46f/t) AMONG THE CITY OF BE AUI�IONT, THE COUNTY OF RIVERSIDE A� PRESERVE, LLC REGARDING COOPERATION ON POTENTIAL FUTURE EXPANSION OF THE LAMB CANYON SANITARY LANDFILL, THE LEGACY HIGHLANDS SPECIFIC PLAN, IMPLEMENTATION OF THE COOPER'S CREEK SPECIAL CONNECTIVITY RESERVE AND POLICY AREA AND AGREEMENT TO DEDICATE, BUY AND SELL LAND This Memorandum of Understanding ("MOU") and Agreement to dedicate, sell and buy land is made and entered into this day of January, 2008, by and among the City of Beaumont ("CITY"), the County of Riverside ("the COUNTY") and The Preserve, LLC ("PRESERVE"). The purpose of this MOU is to set forth a binding agreement between the parties regarding the CITY's potential approval of the Legacy Highlands Specific Plan project (or "Legacy Highlands"), and the COUNTY'S potential future expansion of the Lamb Canyon Sanitary Landfill ("LCL"). This MOU further outlines the terms of the Agreement to dedicate, sell and buy land among the CITY, COUNTY, and PRESERVE to preserve open space, to create a buffer to mitigate impacts related to the proposed Legacy Highlands Specific Plan and the LCL, and facilitate the potential future expansion of the LCL. This MOU also serves to facilitate the CITY's implementation of its General Plan including consideration of land use entitlement applications related but not limited to implementation of the Legacy Highlands Specific Plan project ("Legacy Highlands") and implementation of the Cooper's Creek Special Connectivity Policies ("POLICIES") as set forth in the CITY's Resolution No. 2007-54. If the parties adhere to the commitments set forth in this MOU, then the COUNTY will not file a legal challenge to the CITY's potential approval of the Legacy Highlands Specific Plan (SCH No. 2005031155) and the CITY and PRESERVE will not file a legal challenge to the COUNTY's potential expansion of the LCL. RECITALS A. The COUNTY is considering proposing to expand of the LCL to effectively provide disposal services for COUNTY and CITY residents in order to protect their health and safety. Certain areas contemplated for potential LCL expansion are privately owned by the PRESERVE and currently have an approved CITY General Plan density of 2.0 dwelling units per acre. The CITY, COUNTY and PRESERVE have discussed the benefits of transferring density within the proposed Legacy Highlands Specific Plan to create an open space buffer area within approximately 389.35 acres adjacent to the LCL and provide approximately 70 acres therein for future expansion of the LCL. The CITY and PRESERVE acknowledge the need for the expansion of the LCL and desire to cooperate with the COUNTY in this effort. The COUNTY and PRESERVE acknowledge that the CITY needs to implement the CITY's General Plan. The PRESERVE also desires to cooperate with the CITY in the implementation of CITY Resolution No. 2007-54. B. The PRESERVE submitted land use entitlement applications related to the Legacy Highlands Specific Plan project to the CITY for residential and commercial development within unincorporated Riverside County and the CITY's Sphere of Influence located southerly of State Route 60 (SR-60) and westerly of State Route 79 (SR-79), commonly referred to as "Legacy Highlands." The CITY is currently carrying out the environmental review process for Legacy Highlands. The CITY published a Draft Environmental Impact Report ("EIR") for Legacy Highlands on May 2, 2007. C. The CITY is in the process of acquiring certain parcels of real property to implement the POLICIES pursuant to CITY Resolution No. 2007-54. The proceeds from the COUNTY'S purchase of the PROPERTY will be used by the CITY to acquire additional parcels to implement the POLICIES to the extent they become available in the future as determined in the sole and absolute discretion of the CITY. D. The CITY, COUNTY and PRESERVE jointly and mutually desire to preserve open space, create a buffer between the LCL and future development within the CITY and mitigate land—use conflicts and incompatibilities resulting from the CITY's General Plan, the Legacy Highlands project and the LCL. E. The PRESERVE has expressed an interest in facilitating implementation of the POLICIES and the potential future expansion of the LCL by dedicating approximately 389.35 acres to the CITY ("PROPERTY") for purposes which provide significant public benefits as stated above. This MOU sets forth the terms and conditions by which the PRESERVE shall dedicate, and the CITY shall accept fee title to the PROPERTY. A description of the PROPERTY is provided in Exhibit "A" to this MOU. F. The COUNTY has expressed an interest in purchasing the PROPERTY from the CITY for purposes which provide significant public benefits as stated above. This MOU sets forth the terms and conditions by which the CITY shall sell, and the COUNTY shall buy, the PROPERTY. G. The CITY and PRESERVE further agree that the POLICIES protect critical open space areas essential for the CITY and jointly and mutually desire to preserve open space pursuant to said POLICIES. H. The parties agree that the LCL is a critical public facility in providing essential long-term waste disposal capacity for the COUNTY and CITY. The parties further agree that in order for the LCL to accommodate future waste disposal needs for COUNTY and CITY residents, future expansion(s) of the landfill may be necessary. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and/or covenants contained in this MOU, the parties agree as follows: 1) Incorporation of Recitals. Each recital set forth above is incorporated herein by reference and is made part of this MOU. 2 2) Dedication of the PROPERTY. The PRESERVE agrees to dedicate at no cost to the CITY, and the CITY agrees to accept in fee, the PROPERTY and an approximately 157 additional acres as approximately shown on Exhibit "A" (in a final size and configuration as shall be agreed among the parties) within sixty(60) days of the initial approval of the Legacy Highlands Specific Plan by the Riverside Local Agency Formation Commission ("LAFCO") or if a lawsuit is filed challenging the CITY's or LAFCO's approval of the Legacy Highlands Specific Plan within ten (10) days of final date when any judgment in favor of the Legacy Highlands Specific Plan may be appealed or after the final settlement of any and all appeals or legal challenges related thereto, whichever date is later. If the PROPERTY is transferred to the COUNTY before the date provided herein, the CITY shall mutually agree with the PRESERVE on conditions waiving this provision. 3) Purchase and Sale of the PROPERTY. The CITY agrees to sell, and the COUNTY agrees to buy, for an estimated $2 million (the actual price to be determined by an appraisal as provided for below), the PROPERTY as approximately shown on Exhibit "A" at such time as the CITY obtains unencumbered title to the PROPERTY from the PRESERVE. The CITY agrees to provide notice to the COUNTY of the date that it receives title to the PROPERTY within three (3) days of said date. The CITY further agrees to transfer the PROPERTY to the COUNTY when the COUNTY deposits the purchase price set out in the final appraisal for the PROPERTY in the escrow account as provided below. The CITY and the PRESERVE agree to adjust the acreage for the PROPERTY in consultation with the COUNTY, so the final appraisal of the PROPERTY will not exceed $2.0 million dollars. Unless and until such time as the CITY or COUNTY obtains unencumbered title of the PROPERTY, the CITY shall not approve the proposed Legacy Highlands Specific Plan without providing for the dedication or sale of the PROPERTY as provided herein. 4) Appraisal of the Property. The parties agree to utilize the appraisal performed by Len Perdue dated September 10, 2007 as the purchase price for the 70 acres of the PROPERTY designated as the preferred CEQA site. The September 10, 2007 appraisal shall also serve as the basis for the purchase price of the entire PROPERTY subsequent to an adjusted re- valuation based on the additional acreage and public access. The COUNTY will fund the expense of the re-valuation. 5) Escrow Account. The CITY and the PRESERVE agree to set up an escrow account for the transfer of the PROPERTY and provide escrow instructions consistent with this MOU. The escrow instructions shall be subject to review and reasonable approval by the Riverside County Counsel and the Beaumont City Attorney. The COUNTY agrees to deposit into the escrow account, the purchase price set out in the final appraisal for the PROPERTY within thirty (30) days of receiving notice from the CITY that the CITY has obtained title to the PROPERTY or within thirty (30) days of receipt of the final appraisal, whichever date is later. The PROPERTY will be transferred to the COUNTY within three (3) days of the COUNTY's deposit of the purchase price set out in the final appraisal for the PROPERTY. The COUNTY and CITY may mutually agree to other arrangements for the transfer of the PROPERTY. 6) Use of Property. The COUNTY shall reserve for itself and its successors the perpetual open space and land conservation covenant and deed restriction contained in Exhibit "B" over 3 approximately 319 acres of the PROPERTY, as approximately depicted on Exhibit "A". The COUNTY further agrees to record this covenant concurrently with the transfer of the PROPERTY. The remaining approximately 70 acres of the PROPERTY shall be designated as part of a preferred site for potential future expansion of the LCL subject to and contingent upon future compliance with CEQA, consistent with CEQA Guidelines section 15004, subd. (b)(2). The parties understand and agree that any expansion of the LCL onto the designated preferred site will be subject to and contingent upon future environmental review pursuant to the California Environmental Quality Act (CEQA) before any formal decision is made regarding uses or facilities at the site. 7) CEQA Compliance. The parties recognize and agree that the COUNTY and CITY are required to exercise unconstrained discretion in complying with CEQA, and that such compliance and the decisions of COUNTY and CITY based on such compliance will be without prior constraint or commitment as to how such discretion will be exercised. The COUNTY's designation of the PROPERTY as a preferred site for future expansion of the LCL shall not affect the COUNTY's ability to exercise its sole and absolute discretion with respect to the PROPERTY or the LCL. Nothing contained in this MOU shall be construed to require COUNTY to make any particular finding or to otherwise exercise its sole and absolute discretion in any manner regarding the potential future expansion of the LCL, the conditions that may be attached to any such approval or mitigation measures that may be adopted. The COUNTY's plans for the future expansion of the LCL shall not affect the CITY's ability to exercise its discretion with respect thereto or to the Legacy Highlands project, which is otherwise consistent with this MOU. All parties agree this MOU is exempt under CEQA pursuant to CEQA Guidelines sections 15004, subd. (b)(2)(a), 15061, subd. (b)(3), 15262, 15313, 15317, and 15325. The CITY and COUNTY agree to file Notices of Exemption within 36 hours of their approvals of the MOU. 8) Access and Recycled Water. The COUNTY has expressed a desire for legal access to the PROPERTY and the LCL across adjacent lands owned by the PRESERVE in order to obtain recycled water from the CITY and secondary access to the LCL. The CITY and PRESERVE including their successors-in-interest, agree to assist and cooperate with the COUNTY in obtaining such legal access rights when and if development proceeds within the Legacy Highlands Specific Plan. 9) Potential Expansion of LCL. The CITY and PRESERVE acknowledge the COUNTY is contemplating expanding the LCL. The contemplated expansion area includes acreage from the existing landfill site as well as approximately 70 acres of the PROPERTY. The COUNTY will designate a preferred site for potential future expansion of the LCL, including approximately 70 acres of the PROPERTY. Exhibit "C" to this MOU is a true and correct copy of a map showing the preferred site to expand the LCL. The contemplated expansion area would be utilized in the future to expand the landfill footprint area and to establish ancillary facilities. The PROPERTY would also allow the COUNTY to capture the headwaters of the contemplated LCL expansion and provide appropriate drainage and erosion control measures and environmental monitoring and control. The COUNTY and CITY agree to cooperate on the planning and environmental review of the potential expansion of the LCL. The CITY acknowledges that such cooperation shall not effect the COUNTY's absolute and sole discretion relating to any future expansion of the LCL. The 4 1 CITY and the PRESERVE, as well as their successors-in-interest, agree not to file a legal challenge to the COUNTY's expansion of the LCL or any future approval(s) by the COUNTY for expansion of the LCL within the designated preferred CEQA site. 10)Recordation of MOU. Within three (3) days of any LAFCO approval relating to the Legacy Highlands Specific Plan, the PRESERVE agrees to record this MOU in the chain of title to all parcels within the proposed Legacy Highlands Specific Plan in the official records of the COUNTY. Exhibit "D" to this MOU contains of map identifying all the parcels within the proposed Legacy Highlands Specific Plan. The PRESERVE further agrees to provide notice to the COUNTY within seven (7) days of satisfying this provision. 11)Conditions of Approval for Planning Area 5 of Legacy Highlands. The CITY agrees to apply and the PRESERVE agrees to accept the following conditions of approval to be applied to Planning Area 5 of the Legacy Highlands Specific Plan if said specific plan is approved: (a) Disclosure of LCL. Prior to the tentative approval of any and each land division within Planning Area 5 of the Legacy Highlands Specific Plan, a Condition of Approval shall be applied to the subdivision map requiring that prior to final map recordation, the applicant shall provide for the notification of all initial and future purchasers of dwelling units of the existence of the LCL and the COUNTY's designation of a portion of the PROPERTY as a preferred site for future expansion of the LCL pursuant to the recorded MOU, which shall include the following: 1. Recorded Declaration of Covenants, Conditions and Restrictions (CC&Rs), which will be included with the overall Covenants, Conditions and Restrictions for the Legacy Highlands Specific Plan. These CC&Rs must be provided to each home buyer and must be read and signed by the buyer prior to the close of escrow. 2. Transfer Statement to be included in Grant Deeds, which will run with the land and ensure that any subsequent home buyer will be notified of the CC&Rs with the disclosures, as noted above. 3. Declaration of CC&Rs, which is a public disclosure included within the State of California, Department of Real Estate, Final Subdivision Public ("White") Report. This "White Report" is also read and signed by each home buyer prior to the close of escrow. 4. Statement to be signed by Transferee (Purchaser), which specifically and fully informs the home buyer of the LCL and designation of the preferred site for future expansion of the LCL contemplated by this MOU. The Statement shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. 5 (b) Easement in favor of LCL. Concurrently with the recordation of any subdivision within Planning Area 5 of the Legacy Highlands Specific Plan, easements and/or a right-of-way shall be recorded to allow the COUNTY (1) secondary access to the PROPERTY, and (2) to connect to a recycled water pipeline in the subdivision(s). The easements and/or right of way shall be shown on the final recorded map(s) for any and each of these land divisions. The easements and/or right-of-way shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. 12)Legacy Highlands Specific Plan Conditions of Approval. The CITY agrees to apply and the PRESERVE agrees to accept the following conditions of approval to the Legacy Highlands Specific Plan if said specific plan is approved: (a) Dedication or Agreement for PROPERTY. Unless and until the COUNTY obtains unencumbered title to the PROPERTY, a Condition of Approval shall be applied requiring the dedication or sale of the PROPERTY as provided herein. No further approvals or permits will be granted relating to the Legacy Highlands Specific Plan or Legacy Highlands project until the COUNTY obtains unencumbered title to the PROPERTY. The condition of approval shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney. (b) Recordation of Covenant. The PRESERVE shall record a covenant running with the land consistent with the provisions set forth in this MOU in the official records of the COUNTY. The covenant shall apply to each lot, or undivided fractional interest in all units, within the Legacy Highlands Specific Plan. Exhibit "D" to this MOU contains of map of the Legacy Highlands Specific Plan. The covenant shall provide that each owner of a residential lot or an undivided fractional interest within the Legacy Highlands Specific Plan is aware of LCL and its potential future expansion and waives any right to file a legal challenge to the future expansion(s) of the LCL consistent with State Law and this MOU, specifically any land use consistency or compatibility issues. The covenant shall state that it is a covenant and/or equitable servitude that runs with the land. The covenant shall be subject to review and reasonable approval by the Riverside County Counsel and Beaumont City Attorney, and shall be recorded as soon as reasonably possible but in any event prior to any real estate sales transaction relating to the Legacy Highlands project or within Legacy Highlands Specific Plan. The covenant shall include language: (1) for reasonable written notice in sales transactions of the covenant, (2) for right of enforcement of the covenant, including but not limited to, specific performance, damages, lien rights, and reasonable prevailing party attorney fees, and (3) that it run with the land. The parties intend the foregoing description to be a fair and accurate summary of the terms and conditions to be included in the transfer covenant. (c) COUNTY Approval Requirements for the Legacy Highlands Specific Plan. The CITY agrees to apply and the PRESERVE agrees to accept the following 6 conditions of approval to any development on land adjacent to the PROPERTY within the Legacy Highlands Specific Plan if said specific plan is approved: 1. The parties understand and agree that the master flood control/drainage plans for the Specific Plan area and/or the flood control/drainage plans for any and each subdivision containing a proposed sedimentation basin will be subject to review by the COUNTY Waste Management Department. 2. Prior to issuance of a building permit, the developer/applicant for any and each subdivision shall be required to prepare a Waste Recycling Plan (WRP) for approval by CITY that, at a minimum, identifies the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. 3. The PRESERVE including its successors-in-interest agrees to demonstrate compliance to the CITY (i.e., receipts or other type verification) with the approved WRP at all times during development of the Legacy Highlands project. The parties shall cooperate as needed to maintain project compliance at all times and the CITY shall have the authority to halt any and all development activities within the Legacy Highlands project should it deem in its sole and absolute discretion the project or any component portion thereof is not in compliance. 13)COUNTY'S Obligations. If the PROPERTY is transferred to the COUNTY consistent with the terms provided in this MOU and the CITY's approval of proposed Legacy Highlands Specific Plan is substantially similar to the project described in the Draft EIR, then the COUNTY shall not file a legal challenge to the CITY's approval or annexation of the Legacy Highlands project. If the PRESERVE does not proceed with the Legacy Highlands Specific Plan and the PROPERTY has been transferred to the COUNTY, the COUNTY further agrees not to file a legal challenge to any project within the Legacy Highlands Specific Plan area substantially similar to the proposed project in the Legacy Highlands Specific Plan Draft EIR. If and when the PROPERTY is transferred to the COUNTY, the COUNTY specifically acknowledges that the proposed densities within the Legacy Highlands Specific Plan are consistent with the CITY's general plan and do not create land use consistency or compatibility issues with the LCL or the contemplated expansion of the LCL as described herein. 14)Legal Challenges to Legacy Highland Specific Plan. If a lawsuit is filed challenging the approval of the Legacy Highlands Specific Plan, the parties agree the following provisions will apply. 7 a) Tolling Agreement. The parties agree that the Statute of Limitations for any challenge by the COUNTY relating to the Legacy Highlands Specific Plan is tolled until the PROPERTY is transferred to the COUNTY. The timeframe between any approval of Legacy Highlands Specific Plan and the date of recordation of the transfer of the PROPERTY to the COUNTY, shall not be included in computing the running of, or deadline under, any statute of limitations that may be applicable to any action brought or claim asserted by the COUNTY in any court in connection with the approval of the Legacy Highlands Specific Plan or subsequent approvals by the CITY or any public entity relating to Legacy Highlands. The parties contemplate that the transfer of the PROPERTY will take place within sixty (60) days of the LAFCO's approval of Legacy Highlands Specific Plan; however, the tolling agreement shall be extended as may be needed to cover any appeal or legal challenge related to Legacy Highlands. The CITY and the PRESERVE agree any defenses or claims of laches, estoppel, waiver or other similar defenses based upon the timeliness of any action brought or claim asserted by the COUNTY shall not include the above-described period. b) Waiver. The CITY and the PRESERVE further agree to waive any defense based on exhaustion of administrative remedies, standing, or similar defenses. The parties agree that this MOU and the transfer of the PROPERTY to the COUNTY adequately mitigates the significant land use consistency and compatibility issues between the Legacy Highlands Specific Plan project, the LCL and the contemplated future expansion of the LCL as described in this MOU. If for any reason the PROPERTY is not transferred to the CITY (or the COUNTY through inverse condemnation proceedings), the parties further agree that significant land use consistency and compatibility issues will exist between the Legacy Highlands Specific Plan project, the LCL and the potential future expansion of the LCL, which would require recirculation of the Draft EIR for the Legacy Highlands project. The parties also agree that if the Legacy Highlands Specific Plan is remanded by any Court, the COUNTY is not limited to commenting on issues included within the scope of any such order or writ remanding the project. The parties agree that this MOU will be included in the administrative record for the Legacy Highlands project. c) Potential Future Eminent Domain Proceedings. If for any reason the CITY does not transfer the PROPERTY to the COUNTY within five years of the CITY's initial approval of the Legacy Highlands Specific Plan, the CITY and PRESERVE, including their successors-in-interest, agree not to challenge, contest, or oppose the COUNTY's right to take the PROPERTY by eminent domain. The CITY and PRESERVE further agree not to contest any declaration of necessity adopted by the COUNTY relating to the PROPERTY after said five year period has run, including but not limited to any findings or environmental review relating to any such declaration of necessity. The CITY and PRESERVE expressly waive any objections to COUNTY's taking of the PROPERTY under section 1250.360 of the California Code of Civil Procedure. The parties agree that the final appraisal of Len Perdue as provided above shall be purchase price for the PROPERTY and represents just compensation and the fair market value for PROPERTY in any eminent domain proceeding. The COUNTY agrees to meet and confer with CITY and the PRESERVE prior to adopting any declaration of necessity relating to the PROPERTY. The parties further agree that if the COUNTY takes the PROPERTY through eminent domain proceedings in accordance with this MOU, the action will not 8 result in a breach of this MOU, and any provisions of this MOU not affected by the action shall remain in effect. The parties agree that the only provisions of this MOU that would be affected by such an action are the provisions relating to how the PROPERTY is transferred. The CITY and the PRESERVE further agree to meet and confer regarding how the condemnation proceeds shall be distributed. 15)COUNTY'S Right of Entry and Inspection. The CITY and PRESERVE agree that from the date of any approval of Legacy Highlands Specific Plan and the date of recordation of the transfer of the PROPERTY to the COUNTY, the COUNTY and its designees shall have the right to enter upon all portions of the PROPERTY for purposes of conducting preliminary archeological, paleontological, biological, geological, geotechnical, environmental studies and investigations, and any other purposes reasonably related to COUNTY's acquisition of the PROPERTY. Such studies and investigations may include, but are not limited to, sub- surface explorations such as exploratory borings, groundwater wells, test pits and trenches for the purposes of providing material parameters and geotechnical and geologic data. 16)Severability. In the event any of the terms, conditions or covenants contained in this MOU are held to be invalid, any such invalidity shall not affect any other terms, conditions or covenants contained herein which shall remain in full force and effect. The parties further agree to cooperate and use their best efforts to remedy any invalid portion of this MOU. Any remedy shall be designed to meet all the objectives of this MOU to the extent feasible under the law. The parties agree that that any delay in the COUNTY's purchase of the PROPERTY resulting from the COUNTY's or CITY's legal compliance efforts, a court order, or court judgment shall not effect the CITY's obligation to transfer the PROPERTY to the COUNTY. The parties expressly agree to reform or enter into a new contract(s) to transfer of the PROPERTY to the COUNTY consistent with the terms of this MOU, if this MOU is held invalid or it is necessary for any other reason. 17)Definitions. For purposes of this MOU: (a) "CEQA"means the California Environmental Quality Act. (b) "CITY" means the City of Beaumont. (c) "COUNTY" means the County of Riverside. (d) "LAFCO" means the Local Agency Formation Commission for Riverside County. (e) "LCL" Means Lamb Canyon Sanitary Landfill. The LCL is one of two regional landfills owned and operated by the COUNTY. (f) "Legacy Highlands Specific Plan" or "Legacy Highlands" means the Legacy Highlands Specific Plan project (SCH No. 2005031155) and includes any subsequent projects within the Legacy Highlands Specific Plan area after any initial approval by the City Council of the Legacy Highlands Specific Plan 9 (g) "Planning Area 5 of the Legacy Highlands Specific Plan" means the area designated as such in Exhibit "D" to this MOU or any subsequent development within Planning Area 5 of the Legacy Highlands Specific Plan after any initial approval by the City Council of the Legacy Highlands Specific Plan (h) "PRESERVE" means The Preserve, LLC, a California limited liability company. (i) "CITY's Approval of the Legacy Highlands Specific Plan" means the final approval of the Legacy Highlands Specific Plan by the City Council. Final approval includes contemplate future approvals that may be required for the Legacy Highlands Specific Plan, or within the Legacy Highlands Specific Plan area, as depicted in Exhibit "D" to this MOU, as the result of a court order, settlement, or for any other reason after any initial approval by the City Council of the Legacy Highlands Specific Plan. 18)General provisions. (a) The titles and headings of the various sections of this MOU are intended solely for convenience of reference. (b) This MOU may not be altered or modified except in writing by a document signed by the CITY and the COUNTY. (c) The parties agree to attempt to mediate any dispute or claim or matter of interpretation arising between them relating to this MOU before resorting to court action. (d) The parties agree to continue to work together and cooperate in good faith in implementation of this document. (e) This MOU shall be governed by and construed according to the laws of the State of California with venue in Riverside County. (f) The parties do not intend to create any third party beneficiaries to this MOU, except as specifically provided herein. (g) Except as otherwise specifically set forth herein, this MOU shall be binding on and inure to the benefit of the heirs, successors, assigns and transferees of the parties. The parties agree to provide a copy of this MOU to their assignees/transferees/grantees. (h) This MOU and the attachments to it contain all of the representations and the entire understanding and agreement among the parties with respect to the matters described in the MOU. Correspondence, memoranda, and oral and written agreements that originated before the date of this MOU are replaced in total by this MOU unless otherwise expressly stated in this MOU. 10 (i) The individuals signing this MOU on behalf of each party represent and warrant that they are authorized to do so on behalf of their respective parties. (j) Except as set forth herein, nothing contained herein shall constitute a waiver of any claims, demands, causes of action, positions, rights, remedies, and defenses, in law and in equity, of any of the parties. (k) The parties acknowledge that each party and its counsel have reviewed and revised this MOU and that no rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this MOU. (I) The effective date of this MOU shall be the date the parties sign this MOU, as indicated below. If the parties sign this MOU on different dates, then the later date shall be the effective date. (m) The parties agree that specific performance is an appropriate remedy for enforcement of this MOU. In any action to enforce this MOU, the prevailing parties shall recover its attorneys' fees and costs. Any enforcement of this MOU may be sought against only the Party or Parties claimed to be in breach of the MOU, as well as their heirs, successors, assignees and transferees of the Parties. (n) Should a dispute arise over performance of any obligation set forth in this MOU, the party claiming the breach shall give the other party written notice of the alleged breach, itemizing each obligation it disputes and the manner in which it contends the other Party has failed to perform. Following receipt of such notice, the Parties or their representatives shall, within ten (10) business days of receipt of the notice, personally meet and confer to attempt to resolve the alleged breach. If any and all of the Parties alleging the breach cannot resolve the alleged breach through the meet and confer process, any Party can seek enforcement of this MOU through litigation alleging a breach of contract, to be filed in the Riverside County Superior Court. (o) All notices required under this MOU shall be in writing, and may be given either personally or by registered or certified mail (return receipt requested) or facsimile. Any Party may at any time, by giving ten (10) days' written notice to the other Party, designate any other person or address in substitution of the address to which such notice shall be given. Such notice shall be given to the Parties at their addresses set forth below: For the County of Riverside: Hans Kernkamp Riverside County Waste Management Department 14310 Frederick St. Moreno Valley, California 92553 11 Telephone: (951) 486-3200 Fax: (951) With a copy to: Katherine A. Lind County of Riverside Office of the County Counsel 3535 Tenth Street, Suite 300 Riverside, CA 92501 Telephone: (951) 955-6300 Fax: (951) 955-6363 With an additional copy to: Whitman F. Manley Remy, Thomas, Moose and Manley, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814 Telephone: (916) 443-2745 Fax: (916) 443-2745 For City of Beaumont: Alan Kapanicas City Manager City of Beaumont 550 East 6th Street Beaumont, CA 92223 Telephone: (951) 769-8520 Fax: (951) 769-8526 With a copy to: Joseph Aklufi City Attorney City of Beaumont 550 East 6th Street Beaumont, CA 92223 Telephone: (951) 769-8520 Fax: (951) 769-8526 For The Preserve, LLC 12 David Golkar The Presreve, LLC 575 Anton Blvd. Suite 820 Costa Mesa, Ca, 92626 Phone: 949-502-8100 Fax: 949-502-8120 With a copy to: Aamir Raza Law Office of Aamir Raza 655 N. Central Avenue, 17th Floor Glendale, CA 91203 Phone: 818-649-7782 Fax: 818-484-2115 (p) This MOU may be executed in counterparts. The counterparts shall together comprise a single MOU. 13 RIVERSIDE COUNTY CITY OF BEAUMONT WASTE MANAGEMENT DEPARTMENT 550 East 6th Street 14310 Frederick Street Beaumont, CA 92223 Moreno Valley, CA 92553 RECOMMENDED FOR APPROVAL By:(, • Jef'Fox, Mayor By: Hans Kernkamp, General Manager-Chief Engineer Dated: Dated: /A/ 19167 COUNTY OF RIVERSIDE ATTEST: By. Chairman, Board of Supervisors By: di, City Clerk 711 , ATTEST: (Seal) By: THE PRESERVE, LLC Clerk of the Board (Seal) By: (Name/Title) Dated: 14 List of Exhibits: A. Map and description of the PROPERTY • B. Perpetual open space and land conservation covenant and deed restriction. C. Map and description of the preferred site for CEQA review to expand the LCL D. Map and description of the parcels subject to MOU covenant 15 -Th \\- ,A\-2-7.--c‘__Jurr_sue 1 1 TETTT 4 ni? II II II—~ :1--.:.::-.- _ F( y c, �E �' `J?L .H1IT�T1T=1 -r—TE r� , S.R. 60 ` ` 4?�QSJ I/11 T i — . �mqL ; �I=IY 1 _� r - 1r EH FOURTH STREET H1-11"111k11,,, titt-r#1 ' B _ i TE THIRD STREET fiiiLU 41 IhRST 7TREET -1 ci, 1 1 I D Z Q II LI r 1 I 157.4D± AC I I L__1 L_J -CITY PARCEL ••••-•""..""`-"•WASTE MANAGEMENT DISTRICT PARCEL 389.35± AC A• G 1250 2.500 1 Inch = 2500 ft, MOU - Potential Future Expansion at Lamb Canyon Landfill t� Map of the PROPERTY and Management County Approximately 157 Additional Acres Waste Management Department — Exhibit A File Diredery:AsiteMambproperty acqulsitbMc mou_preserve10262007b-exA.dgn Date: October 26,2007 Scale :see above EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: County of Riverside Office of the County Counsel 3535 Tenth Street, Suite 300 Riverside, CA 92501 PERPETUAL OPEN SPACE AND LAND CONSERVATION COVENANT AND DEED RESTRICTION This Perpetual Open Space and Land Conservation Covenant and Deed Restriction (hereinafter"Deed Restriction") is in reference to the real property more particularly described and depicted in Exhibit "1" (hereinafter the "Property") attached hereto and made a part hereof, conveyed by deed on or about , from the City of Beaumont (hereinafter "City') to the County of Riverside (hereinafter"County") pursuant to the terms of the Memorandum of Understanding Among the City of Beaumont, the County of Riverside, and The Preserve, LLC Regarding Cooperation on Potential Future Expansion of the Lamb County Sanitary Landfill, the Legacy Highlands Specific Plan, Implementation of the Cooper's Creek Special Connectivity Reserve and Policy Area and Agreement to Dedicate, Buy and Sell Land, dated (hereinafter referred to as "MOU"). RECITALS WHEREAS, the City, the County and The Preserve LLC entered into the MOU for the purpose of dedicating, selling and buying land among the City, County and Preserve to preserve open space, to create a buffer to mitigate impacts related to the proposed Legacy Highland Specific Plan and the Lamb Canyon Sanitary Landfill (hereinafter"Landfill"), and facilitate the potential future expansion of the Landfill. WHEREAS, by the terms of the MOU, the City shall sell to the County the Property referenced in Exhibit "1." WHEREAS, the sale of the Property is subject to the conditions of the MOU. WHEREAS, one of the conditions of the MOU provides that the County shall reserve for itself and its successors the perpetual open space and land conservation covenant and deed restriction over approximately 319 acres of the Property (hereinafter"Reserved Property"), as approximately depicted on Exhibit "2." 00027597.DO(': I; WHEREAS, the intent of this document is to assure that the Reserved Property will be retained and maintained forever predominantly as open space. NOW, THEREFORE, each recital set forth above is incorporated herein by reference and is made a part of this Deed Restriction. NOW, THEREFORE, the County agrees that the Deed Restrictions will be subject to the following conditions: 1. Property Description The Reserved Property is described and depicted in the attached Exhibit "2." 2. Term This Deed Restriction shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users. The County must file this Deed Restriction of record with the County Clerk of Riverside County, California within 10 days of the date this document is signed. 3. General a. Compatible Uses. The Reserved Property shall be used only for purposes compatible with Open Space Foundation Component of the County General Plan with the exception of those specific activities addressed in paragraph 3(b); b. The following specific activities as shall be allowed on the Reserved Property: (1) The installation, maintenance and sampling of environmental monitoring controls (i.e. groundwater wells, gas monitoring probes, storm water samplers); (2) The installation and maintenance of a water supply line extending from the northerly boundary of the Reserved Property to the southerly boundary of the Reserved Property; (3) Gathering of physical data for the purposes of geotechnical, biological and geological studies; (4) Land surveying (including the installation of and access to survey monuments); and (5) Maintenance and access roads. 2 4. Enforcement if the Reserved Property is not maintained according to the terms of this Deed Restriction, the County is responsible for taking measures to bring the Reserved Property back into compliance. 5. Severability Should any provision of this Deed Restriction or application thereof to any person, entity or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. IN WITNESS WHEREOF, the County of Riverside hereto has duly executed and delivered this Perpetual Open Space and Land Conservation Covenant and Deed Restriction as of the day and year written below. Signature Date Printed Name Title 3 U g " ' n c 3 O X T c LU d o S Q` co C H 1 ECC ti • o a o 03 — d co 0 0 i- t m I N c arm a,. pd o a' . d Q III Uit: pb. O coO J-- , ... i co co ti if) "---,.!Tir..731 .,,,.., lik',ki, .��F ,w. r {y. ,74„:,71_,-: t'Y ,x"'' kelt. 4� `. \ _..;,_ O '44, - .4, -- .,-, ,, ' -efr / ,,,-t _'''l,,--- ittr: rd, i i dA4 -! 42" ...4,s‘. it lc( .. ,.: . ., 34 ' ' • '¢ r ,,,s, s;x '0 Z 2j r, ,,, 41, J "� '3 4 it 't .d. .w. ri,f/ �"Lset7�7li c�a�� �1� � Smitt {jY �f ;�� \ /,' 6\11'1. 1���� , 24 1 clis li, _ _...., „..,..4...„k ,*`•* : TALV. .# a' _N'L '10.\'--4::',7°. ' 4�a7 e 3 +yam` ` t /, �y • (�.�✓Q�� / `� cam • _ ,� g Et 'a btu' 04"cow: � ,..AA � �-� � ;vy s tee alo �.A ,or Wit; . a , ,� `� a l p tF t o k y, � � *� .11'u am14.-Y!". t '.pyr( .1}#rt_- aY } � s�1ti \� \ , �' �, "� loot kr4yg1 ,....,...V _s 1 �.� '� , ,, is , /`1'111-. � til -oct- Riverside County Waste Management Department Hans W.Kernkamp, General Manager-Chief Engineer December 18, 2007 Shelby Hanvey City Clerk City of Beaumont 550 East 6th Street Beaumont, CA 92223 Re: Memorandum of Understanding Among the City of Beaumont, the County of Riverside and the Preserve, LLC Regarding Cooperation on Potential Future Expansion of the Lamb Canyon Sanitary Landfill, the Legacy Highlands Specific Plan, Implementation of the Cooper's Creek Special Connectivity Reserve and Policy Area and Agreement to Dedicate, Buy and Sell Land Dear Ms. Hanvey: Enclosed you will find four (4) copies of the above referenced Memorandum of Understanding. Exhibit "D" is to be provided by the developer. Please ensure that all copies are signed and returned to this office for further processing. The documents should be received in our office no later than 10:00 a.m. on Friday, December 21, 2007. Once the documents have been approved by our Board of Supervisors, we will forward you a fully executed copy for your records. If you have any questions, you may call me at (951) 486-3232. Sincerely, /(4/7r Hans Kernkamp General Manager-Chief Engineer HWK:ft cc: Dave Dillon, City of Beaumont Enclosures PD#60980 14310 Frederick Street•Moreno Valley, CA 92553 •(951) 486-3200•Fax(951)486-3205•Fax(951)486-3230 www.rivcowm.org *printed on recycled paper ok BEAU City ofBeall tj tont rfk, 0 SSO E, orb tirl r c r U Z b't'c111J11 I1 r, .4 9)27 ()SI) 709-SC20 egtiFocktI ' FAX(951) 7o)-S'52.t •Nov. Ellitiii: CirylitillOt'Lht'iiiiiii0ilr,Cti.115 tWW.CLht't111111oIlr.Ct7.1IS December 19, 2007 Hans Kernkamp Riverside County Waste Management Department 14310 Fredrick Street Moreno Valley, CA 92553 RE: Memorandum of Understanding Among the City of Beaumont,the County of Riverside and the Preserve, LLC Regarding Cooperation on Potential Future Expansion of the Lamb Canyon Sanitary Landfill,the Legacy Highlands Specific Plan, Implementation of the Cooper's Creek Special Connectivity Reserve and Policy Area and Agreement to Dedicate, Buy and Sell Dear Mr. KernKamp: Attached please find four (4) copies of the above referenced Memorandum of Understanding that were approved by the City Council on November 6,2007. Upon final execution,please return one (1) original to the following address for our files: City of Beaumont ATTN: Shelby Hanvey Deputy City Clerk 550 E. 6th Street Beaumont, CA 92223 If you have any questions regarding this matter, please feel free to contact us at your convenience. Sin - ely, &A/L.A./1.72Shelby Hanvey/ Deputy City Cl-rk Notice of Exemption TO: Office of Planning and Research FROM:City of Beaumont 1400 Tenth Street,Room 12�i D IL, E vJ Planning Department Sacramento,Ca 95814 — RIVERSIDE COUNTY 550 E. 6th Street NOV 0 8 2007 Beaumont, Ca 92223 X County Clerk County of Riverside LARRY W.WARD,CLERK P.O.Box 751 By. r►. �-�.---M Meyer Riverside,Ca 92502-0751 ® Deputy Project Title: Memorandum of Understanding directing the purchase and sale of property within the Cooper's Creek Special Connectivity Reserve and Policy Area Project location—Specific: County of Riverside,City of Beaumont sphere of influence, Cooper's Creek Special Connectivity Reserve and Policy Area Project Location—City: County of Riverside Project Location—County: Riverside Description of Nature,Purpose,and Beneficiaries of Project: Project involves a Memorandum of Understanding Directing the Purchase and Sale of Property within the Cooper's Creek Special Connectivity Reserve and Policy Area.This would authorize the transfer of density from and dedication to then the city of approximately 546 acres of property..Approximately 389 acres would be sold to the Waste Resources District, of which approximately 70 acres would be for potential expansion and the remaining 319 acres would be for open space and mii Rp Y GLLRt, purposes. Approximately 157 acres would be retained as open space by tli4tt3leclarationiNtc Determtnatror; Filed per P R.C. 21152 Name of Public Agency Approving Project: City of Beaumont POSTED Name of Person or Agency Carrying Out Project: City of Beaumont NOV 08 JUIJ? Exempt Status: (check one) ��'' O`�a" ��= �� Ministerial(Sec. 21080(b)(1); 15268); ��� C;uun y�`t verside c A {::, r;'Ut Declared Emergency(Sec. 21080(b)(3); 15269(a)) to ,.u;C:alife nia Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number: 15307 Actions by Regulatory Agencies for Protection on Natural Resources Statutory Exemptions. State code number: Reasons why project is exempt: Project involves the actions of the city of Beaumont to protect natural resources Lead Agency Contact Person: Dave Dillon Telephone Number: (951)769-8520 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? X yes no Signature. .5 pate:11/8/2007 Title: Assistant Director of Planning .,:: Z =:=..-44 X Signed by Lead Agency Date received for filing at OPR: Signed by Applicant STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt# 200701291 Lead Agency: CITY OF BEAUMONT PLANNING Date: 11/08/2007 County Agency of Filing: Riverside Document No: 200701291 Project Title: MEMORANDUM OF UNDERSTANDING DIRECTING PURCHASE OF PROP AT COOPER'S Project Applicant Name: CITY OF BEAUMONT Phone Number: Project Applicant Address: 550 EAST 6TH STREET BEAUMONT CA 92223 Project Applicant: Local Public Agency CHECK APPLICABLE FEES: 0 Environmental Impact Report ❑Negative Declaration ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs X❑County Administration Fee $64.00 ❑Project that is exempt from fees(DeMinimis Exemption) ❑X Project that is exempt from fees(Notice of Exemption) Total Received $64.00 111 Signature and title of person receiving payment: Notes: Notice of Exemption TO: Office of Planning and Research 13'OM:City of Beaumont Tenth Sgr, !'R�oR���cOU�rtv Planning 550 E. 6th Department Sacramento, Ca 95814 ®R 'IVBeaumont,Ca 92223 X County Clerk CHER Meyer County of Riverside ip,R utY P.O.Box 751By Dep Riverside, Ca 92502-0751 Project Title:Memorandum of Understanding directing the purchase and sale of property within the Cooper's Creek Special Connectivity Reserve and Policy Area Project location—Specific: County of Riverside,City of Beaumont sphere of influence, Cooper's Creek Special Connectivity Reserve and Policy Area Project Location—City: County of Riverside Project Location—County: Riverside Description of Nature,Purpose,and Beneficiaries of Project: Project involves a Memorandum of Understanding Directing the Purchase and Sale of Property within the Cooper's Creek Special Connectivity Reserve and Policy Area.This would authorize the transfer of density from and dedication to then the city of approximately 546 acres of property..Approximately 389 acres would be sold to the Waste Resources District, of which approximately 70 acres would be for potential expansion and the remaining 319 acres would be for open space and mitigation purposes. Approximately 157 acres would be retained as open space by the city. TY Name of Public Agency Approving Project: Cityof Beaumont �`e Dec arae CLEer g Y PP g j Filed per F R.0 ,�rlinatio;. 7QSTFr. 2.' ,.52 Name of Person or Agency Carrying Out Project: City of Beaumont Exempt Status: (check one) NOV C 8f ' Ministerial(Sec. 21080(b)(1); 15268); f;crfloc:,I Declared Emergency (Sec. 21080(b)(3); 15269(a)) �; a._ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); �„ X Categorical Exemption. State type and section number: 15307 Actions byRe cc ato „t. g P YP b'u �' :nk, Agencies for Protection on Natural Resources Statutory Exemptions. State code number: Reasons why project is exempt: Project involves the actions of the city of Beaumont to protect natural resources Lead Agency Contact Person: Dave Dillon Telephone Number: (951)769-8520 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? X yes no Signature. .5pate:11/8/2007 Title: Assistant Director of Planning .t= ; -./eA X Signed by Lead Agency Date received for filing at OPR: Signed by Applicant 08/2087 ** REPklNT :t* k�CEIPT # 2139766 Larry W. ;,iard River:ido Countg Clerk and Recorder 2724 Gateway Drive Riverside, CA 92507 (951)486-7000 u4w, iversid*ACR.com F7G 2007 01290 8Y dAM[YEk FliH Fl�H & GAME [O[AL FEE --') 64.00 AMUUN7 (Check) kECEIVED ---------- CHANGE ----> 0.00 ' 1 Check Received ,. Check 460209 *** ,