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HomeMy WebLinkAbout03-042 CC ResolutionRESOLUTION NO. 03-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" AND AUTHORIZE THE CITY MANGER TO RECORD A DEED RESTRICTION AS REQUIRED BY ASSESSMENT DISTRICT (AD) 161 MULTIPLE SPECIES SUB-AREA HABITAT CONSERVATION PLAN FOR CERTAIN REAL PROPERTY DESCRIBED AS THE 201 ACRE RORIPAUGH RANCH OPEN SPACE PROPERTY IN THE CITY OF TEMECULA NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. The City Council proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A for open space and habitat purposes consistent with the AD 161. b. The City Council has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and 3rovisions of applicable State and local law requirements. c, The acquisition of property by itself will have no impact on the environment, as it is simply the change in ownership of the property without a change in the physical condition of the property. SECTION 2. The City Council of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the City Council of the City of Temecula, Ashby USA LLC, and Butterfield Development Company and authorize the City Manager to record a deed restriction as required by AD161 Multiple Species Sub-area Habitat Conservation Plan. The Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Temecula. R:/Resos 2003/Resos 03-42 1 PASSED, APPROVED AND ADOPTED by the City of Temecula City Council this 13th day of May, 2003 ATTEST: Jeff Stone, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03-42 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13t~ day of May, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None . Jone~'~TJs, CMC  City Clerk R:/Resos 2003/Resos 03-42 2 EXHIBIT A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS R:/Resos 2003/Resos 03-42 3 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions (this "Agreement") is made and entered into as of ,2003 (the "Effective Date"), by and between the CITY OF TEMECULA, a general law City and a public body, corporate and politic (the "City"), and ASHBY USA, LLC, a California Limited Liability Company and Butterfield Development Co. Inc. (collectively the "Grantor"), with respect to the following facts: In consideration of the terms and conditions of this Agreement and for other valuable consideration, the receipt of which is hereby acknowledged, the City and Grantor agree as follows: 1. Intent of the Parties. A. Grantor is the fee owner of and desires to convey fee title to City for City to use for purposes the City deems to be in the public interest: 1) that certain tract or parcel of land situated in the City of Temecula, County of Riverside, State of Califomia, more particularly described on Exhibit A attached hereto and made a part hereof, together with all and singular the rights and appurtenances pertaining to such property, including any right, title and interest of Grantor in and to adjacent streets, rights-of- way, or real property (collectively, the "Land"); 2) the buildings, structures, fixtures and other improvements presently on the Land or to be constructed on the Land by Grantor (collectively, the "Improvements"); 3) all of Grantor's right, title and interest in and to all tangible personal property upon the Land or within the Improvements and specifically described on Exhibit B attached hereto and made a part hereof (collectively, the "Personal Property"); and 4) those selected provisions of Grantor's duties, rights and interest in and to (i) all assignable contracts and agreements (collectively, the "Operating Agreements") listed and described on Exhibit C-1 (the "Operating Agreements Schedule") attached hereto and made a pan hereof, relating to the upkeep, repair, maintenance or operation of the Land, Improvements or Personal Property which will extend beyond the date of the Close of Escrow (defined below), including specifically, without limitation, all assignable equipment leases, (ii) all assignable existing warranties and guaranties (expressed or implied) issued to Grantor in connection with the Improvements or the Personal Property (the property described in this clause(e) being sometimes herein referred to collectively as the "Warranties"); and (iii) those specified elements of existing permits, approvals, licenses, plans, specification or entitlements affecting the Land, its use or improvement in any manner, herein collectively referred to as the "Entitlements" also listed on Exhibit C-I; all elements of the Entitlements listed on Exhibit C-2 will become the obligation of City both as to cost and performance; all elements of the Entitlements not listed in Exhibit C-2 will remain the obligation of the Grantor as to cost and performance. The l. amd, the Improvements, the Personal Property, the Warranties and the Entitlements are hereinafter sometimes referred to collectively herein as the "Property." R:~ P',Rofipaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 1 a) C-1 Entitlements; Further Performances. The City and Grantor, respectfully, shall perform the duties or secure the rights as are described on Exhibit C-3. These performances are in addition to, or act to further explain the requirements of the Operating Agreements, Warranties and/or Entitlements. The time for performance shall be as required by the applicable Operating Agreement, Warranty, and/or Entitlement or as required by the terms of this Agreement. Exhibit C-3 shall not act to alter the terms of the operating Agreement, Warranty and/or Entitlement and in the event of conflict the operating Agreement, Warranty and/or Entitlement shall control. B. City desires to accept the specified elements of the Property from Seller and to ensure Grantor retains all other elements of the Property, as described in this Agreement. C. By this Agreement, Grantor is agreeing to grant the Property to City upon and subject to the terms and conditions set forth herein and to retain the obligations specified in the Property, expressly including, but not limited to the elements not listed on Exhibit C-2 and those listed in the operating Agreement, Warranty and the Entitlements. 2. Purchase and Sale. Subject to and in accordance with the terms and conditions in this Agreement, including all Exhibits, hereinafter set forth, on the Close of Escrow (as herein defined), Grantor agrees to convey to City, and City agrees to accept from Grantor, the Property. 3. opening and Closing of Escrow. Within five (5) days after the Effective Date, an escrow (the "Escrow") shall be opened with Orange Coast Title (the "Escrow Holder"), Attn: Mary Antinora, Escrow Officer (909-554- 6138). For the purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed copy of this Agreement fi.om City and Grantor. The "Close of Escrow" shall be the date that a grant deed for the Property in favor of City is recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur immediately after the performance of all duties and obligations under this Agreement. 4. Purchase Price; Deposit; Escrow Account. A. The purchase price for the Property to be paid by City is the sum of One Dollar ($1.00) (the "Purchase Price"). B. Within ten (10) days after the Effective Date hereof, City shall deliver to Escrow Holder One Dollar ($1.00) (the "Deposit") in the form of a city warrant. On the Close of Escrow, the Deposit shall be applied as the Purchase Price. In the event that City terminates this Agreement on or prior to the expiration of the Due Diligence Period (as defined in Section 9), the Deposit shall be refunded to City. Upon the expiration of the Due Diligence Period, if this Agreement has not been terminated or deemed terminated as provided herein, the Deposit shall become non-refundable and shall be applied toward the Purchase Price at the Close of Escrow or R:~ PXRoripaugh Ranch SPXnew~URCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 2 retained by Grantor if the Close of Escrow does not occur solely as the result of(i) a default by City or (ii) City's termination of this Agreement (except in the event ora default by Grantor or the failure of a condition of City's obligation to purchase the Property). The Deposit shall also be refundable to the City in accordance with the terms and conditions hereof. 5. Delivery of Documents on the Close of Escrow. A. On the Close of Escrow, Grantor covenants and agrees to cause to be delivered to City a duly executed and acknowledged Grant Deed in the form attached as Exhibit I) attached hereto (the "Grant Deed") conveying to City all of Grantor's interest in the Property defined in this Agreement and further subject to the Permitted Title Exceptions (as hereinafler defined) approved by City, as provided below. B. On the Close of Escrow Grantor agrees to cause to be delivered to City a duly executed Bill of Sale (as defmed below) and General Assignment (as defined below). C. At the Close of Escrow, City shall receive the Title Policy (as defined in Section 5) issued by First American (the "Title Company") insuring in City fee simple title to the Property, flee and clear of all liens and encumbrances other than the Permitted Title Exceptions (as defined in Section 5). 6. Title and Title Insurance. A. Within five (5) days afler the Effective Date, Grantor shall deliver to City a preliminary report for the Property fi.om Title Company together with copies of all instruments noted as exceptions therein (the "Preliminary Title Report") and the most recent ALTA Survey of the Property as available in Grantor's possession or under Grantor's control Grantor, shall at its own sole cost, order an ALTA Survey for the Property pursuant to the terms set forth in Section 18 below (the "Survey"). B. City shall have ten (10) business days afler the later of City's receipt of the Preliminary Title Report and/or the Survey to disapprove any exceptions to title shown on the Preliminary Tire Report or reflected on the Survey (collectively, "Disapproved Exceptions") and to provide Grantor with notice of disapproval in writing describing the defect with reasonable particularity (the "Disapproval Notice"). Any exceptions to title not disapproved by City within such ten (10) business day period shall be deemed approved. Within five (5) days of Grantor's receipt of a Disapproval Notice, Grantor shall notify City in writing whether Grantor intends to remove the Disapproved Exceptions. If Grantor notifies City of an intention to eliminate the Disapproved Exceptions, Grantor shall do so at least five (5) days prior to the Close of Escrow. If Grantor indicates to City in writing within the time allowed that Grantor does not intend to remove any of the Disapproved Exceptions, City, by notifying in writing Grantor within five (5) days of Grantor's notice to City, may elect to terminate this Agreement or to take the Property subject to the Disapproved Exceptions. In any event, Grantor covenants to pay in full, prior to the Close of Escrow, any and all loans secured by mortgages and deeds of trust, any mechanics liens, all special bonded assessments encumbering the Property, and any other monetary liens or R:~S'PX, Roripaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 3 exceptions (other than current real property taxes which are not due and payable) prior to or concurrently with the Close of Escrow, and the Escrow Holder is hereby directed to cause same to be paid off from funds Grantor delivers to Escrow Holder at Escrow Holder's demand. The policy of title insurance shall include such endorsements as City shall reasonably request. Any title policy endorsements are to be paid for by City. Whether or not City shall have fumished to Grantor any notice of Disapproved Exceptions pursuant to the foregoing provisions of this Agreement, City may, three (3) days prior to the Close of Escrow, notify Grantor in writing of any objections to title (including any matters reflected on the City's Survey) first raised by the Title Company or the surveyor or disclosed to City between (a) the last date on which to City is entitled to make such an objection as set forth above and Co) the date on which the transaction contemplated herein is scheduled to close. With respect to any Disapproved Exceptions set forth in such notice, Grantor shall have the same option to cure (or in the case of a monetary lien, the obligation to obtain the removal thereof) and City shall have the same option to accept title subject to such matters or to terminate this Agreement as those which apply to any notice of Disapproved Exceptions made by City before the expiration of the Due Diligence Period. If Grantor elects to attempt to cure any such matters, the scheduled date for the Close of Escrow shall be automatically extended by a reasonable additional time to effect such a cure, but in no event shall the extension exceed fifteen (15) days atter the scheduled date for the Close of Escrow set forth in Section 2. C. At Grantor's sole expense City's fee title to the Property shall be insured at the Close of Escrow by an ALTA Standard Coverage Owner's Policy of Title Insurance in the amount of Ten Million Fifty Thousand Dollars ($10,050,000.00), issued by Title Company (unless, at the option of City, the title shall be insured by an ALTA Extended Coverage Owner's Policy of Title Insurance) (the "Title Policy"). The Title Policy shall insure City's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of tire (the "Permitted Title Exceptions"): 1) Real property taxes for the then current tax fiscal year which are a lien not then due and payable; 2) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and 3) Those title exceptions approved by City pursuant to Section 5CO). Grantor shall not encumber, convey or agree to sell the Property to any other party during the period from the Effective Date to the Close of Escrow or the date of the termination of this Agreement. 7. Deposit of Documents and Funds in Escrow. A. Grantor and City, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one (1) day prior to the Close of Escrow the following instrmnents, documents, and funds, the delivery of each of which shall be a condition of the Close of Escrow. RSS PXRotipaugh Ranch SPhaewXPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 4 B. Grantor shall deliver: 1) The Grant Deed duly executed and acknowledged by Grantor; 2) Two (2) originals of a Bill of Sale in the form of Exhibit E attached hereto (the "Bill of Sale") duly executed by Grantor, conveying to City all of Grantor's fight, title and interest in and to the Personal Property; 3) Two (2) originals of an assignment and assumption agreement in the form of Exhibit F attached hereto (the "General Assignment") duly executed by Grantor, assigning to City all of Grantor's right, title and interest in and to the Operating Agreements and Entitlements; 4) A Withholding Exemption Certificate Form 597W as contemplated by California Revenue and Taxation Code § 18662 (the "Withholding Affidavit") duly executed by Grantor; 5) A Certification of Non-Foreign Status in accordance with Internal Revenue Code Section 1445 duly executed by Grantor; 6) Such funds as are required to pay for costs and expenses payable by Grantor hereunder; 7) Such proof of Grantor's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. 8) True and correct copies of the Operating Agreements and licenses and permits, if any, in the possession of Grantor or Grantor's agents, together with all property files and records which are material in connection with the continued operation, use and maintenance of the Property. C. City shall deliver: 1) Two (2) original counterparts of the Bill of Sale, duly executed by City; City; and 2) Two (2) original counterparts of the General Assignment duly executed by 3) Such proof of City's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. 8. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: A. The Title Company can issue in favor of City the Title Policy, with a liability R:',S PXRoripaugh Ranch SPXnewXPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 5 amount ofTen Million Fifty Thousand Dollars ($10,050,000.00) as referenced in paragraph 5(c), showing fee title to the Property vested in City, subject only to the Permitted Title Exceptions. If Grantor has not removed all monetary liens, monetary encumbrances, or special bonded assessments, or ifa monetary claim is asserted by any third party, in addition to all other remedies City may have at law or equity, City may elect to consummate this transaction on the Close of Escrow and offset dollar for dollar against the Purchase Price an amount equal to any such monetary encumbrances and claims. B. Escrow Holder shall have received City's authorization to close and City's notice of approval or satisfaction or waiver of all of the contingencies/conditions to City's obligations hereunder, as provided for in Section 13; C. Escrow Holder shall have received Grantor's authorization to close and Grantor's notice of approval or satisfaction or waiver of all of the contingencies/conditions to Grantor's obligations hereunder, as provided for in Section 14; and D. Grantor and City shall have deposited in Escrow the documents and funds required pursuant to Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for the issuance of the Title Policy. 9. Escrow Charges and Prorations. A. Grantor shall pay (i) the escrow fees and charges of Escrow Holder, (ii) the cost of the premium for the ALTA Standard Coverage portion of the Title Policy, (iii) all costs and charges for recording the Grant Deed on the Property, (iv) any documentary or other local transfer taxes on the transfer of the Property, if any, and (v) Grantor's share of the charges prorated under this Agreement. If the Escrow shall fail to close for any reason, Grantor shall pay any applicable Escrow cancellation charges. B. City shall pay (i) the cost of the premium for the Title Policy in excess of the premium for an ALTA Standard Coverage policy, if any, and (ii) the cost of all endorsements to the Title Policy. C. The following shall be apportioned with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if City were vested with title to the Property during the entire day upon which the Close of Escrow occurs: 1) taxes (including personal property taxes on the Personal Property) and assessments levied against the Property; 2) payments under the Operating Agreements; R:~S P~Roripaugh Ranch SP~nevAPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 6 3) gas, electricity and other utility charges for which Grantor is liable, if any, such charges to be apportioned at the Close of Escrow on the basis of the most recent meter reading occurring prior to the Close of Escrow; and 4) any other operating expenses or other items pertaining to the Property which are customarily prorated between a buyer and a seller in the area in which the Property is located. D. Notwithstanding anything contained in Section 8(c): Any installment of taxes or assessments for the current year paid at or prior to the Close of Escrow shall be prorated based upon the mounts actually paid. If taxes and assessments for the current year have not been paid before the Close of Escrow, Grantor shall be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments which relates to the period before the Close of Escrow and City shall pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties shall make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. All delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property shall be paid by Grantor. E. All prorations shall be determined on the basis of a 365-day year. The provisions of this Section 8 shall survive the Close of Escrow. 10. Due Diligence Period; Access. During the period commencing on the Effective Date and ending at 5:00 p.m. on the date which is five (5) business days following the Effective Date (the "Due Diligence Period"), City may inspect the Property as necessary to approve all land use matters relating to the Property and to approve the physical condition of the Property. Grantor shall provide to City, on or before the Effective Date any and all documents, studies, and reports relating to the condition of the Property, including any analyses, surveys, environmental site assessments, and the like, in Grantor's possession or under Grantor's control, if any. City and its agents, attomeys, accountants, and other representatives shall have the right to enter upon the Property during the Due Diligence Period to make inspections and other examinations of the Property and the improvements thereon, including without limitation, the right to perform surveys, soil and geological tests of the Property and the fight to perform environmental site assessments and studies of the Property. To evidence City's right of entry to the Property, the parties shall execute a Right of Entry Agreement, the form of which is attached hereto as Exhibit F. City to supply liability insurance prior to entering property. 11. Indemnification. A. Grantor hereby agrees to indemnify City against, and to hold City harmless and, at R:~S P~R. oripaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final.DOC 7 the option of City, defend City, its officers, directors, employees, agents and representatives (collectively, "Indemnified Parties") with counsel approved by the Indemnified Parties, from all liabilities, losses, damages, costs and expenses, including, without limitation, legal fees and disbursements, incurred by Indemnified Parties by reason of any claims or litigation relating to the Property that arises from acts, occurrences, omissions or other matters, including, without limitation, the presence, use, release or disposal of Hazardous Substances that took place prior to the Close of Escrow. B. City agrees to give to Grantor written notice of any third party claim that may give rise to a claim for indemnification hereunder within ten (10) business days after learning of such third party claim; provided, however, that the failure to give timely notice as hereinabove provided shall not defeat any claim for indemnification hereunder except to the extent that the party to whom such notice was owing is prejudiced by the lack of such timely notice. The provisions of this Section 11 shall survive the Close of Escrow, the termination of this Agreement and/or the delivery of the Grant Deed. 12. Warranties, Representations and Covenants of Grantor. Grantor hereby represents, warrants and covenants to City the following, it being expressly understood and agreed that all such representations, warranties and covenants are to be true and correct, as of the Close of Escrow, and all of such representations, warranties and covenants shall survive the Close of Escrow, the termination of this Agreement and/or the delivery of the Grant Deed: A. Hazardous Substances. 1) To the best of Grantor's knowledge, the Property is free and has always been free from Hazardous Substances (as defined in Exhibit G) except as noted in (i) the Environment Impact Report for Roripaugh Ranch dated September 26, 2002 and (ii) the SlID Geotechnical, Inc. report, dated February 25, 2002 - Project No. 990057-01, and (iii) Phase I, Phase 11I, and an update to the prior SID Geotechnical Enviromnental Compliance Report, all of which are hereby incorporated by reference and referenced as the "HazMat Reports" and is not and has never been in violation of any Environmental Laws (as defined in Exhibit G). 2) There are no buried or partially buried storage tanks located on the Property. 3) Grantor has received no written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Environmental Law, or informing Grantor that the Property is subject to investigation or inquiry regarding Hazardous Substances on the Property or the potential violation of any Environmental Law. 4) There is no monitoring program required by the Environmental Protection Agency or any similar state agency concerning the Property. R:~ P'uR. oripaugh Ranch SPknew~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 8 5) No toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means except as identified in the HazMat Reports. 6) The Property has never been used as a dump or landfill except as identified in the HazMat Reports. 7) Grantor has disclosed to City all information, records, site assessment reports, remedial action plans and studies maintained by Grantor in connection with the Property and concerning Hazardous Substances, including, but not limited to, all of such information, records, reports and studies pertaining to the types and locations thereof. As part of this representation, Grantor shall provide City a Natural Hazards Disclosure Statement in accordance with California Civil Code Section 1103.2. Grantor has produced a list of all information, records, reports and studies maintained by Grantor or under Grantor's control in connection with the Property concerning Hazardous Substances and all existing orders and directives from or agreements with any governmental agency pertaining to the environmental condition of the Property and any requests for information, documents, access or investigation pertaining thereto and such list is contained in Exhibit H attached hereto. To the extent that certain documents contain confidential information, City shall sign a confidentiality agreement as a condition to City's review of such confidential documents. 8) Grantor covenants that it will keep all documents relevant to Hazardous Substances and pertaining to the Property for a period of 5 years following the Close of Escrow and will promptly provide copies of any or all of such documents to City upon receipt of City's written request therefore. 9) Grantor has made available to City all subpoenas, and all orders, directives and other requests for information from any government agency relating to Hazardous Substances and the Property, and all documents supplied by Grantor to a government agency in response. Grantor also has made available to City all requests for access, notices, warnings, notices of violation, orders, directives, administrative complaints from any government agency, and anyjudiciai complaints, relating to Hazardous Substances and the Property, and all documents supplied by Grantor to a government agency in response. Each of these documents is listed in Exhibit H. There is no outstanding administrative or judicial subpoena, or other written request for any documents or information relating to Hazardous Substances and the Property to Grantor from any government agency. 10) Grantor has received no written request, directive, administrative order or judicial order to impose any type of land use restriction or institutional control relating to Hazardous Substances on the Property. R:~S PhU, oripaugh Ranch SP~ew~PURCFIASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 9 11) There is no outstanding written order, directive or administrative complaint fi.om any government agency, no outstanding judicial complaint or order, and no current agreement with any government agency for any investigation or cleanup of any Hazardous Substance that is on or was released from the Property. B. No condition on the Property violates any environmental laws, or any other health, safety, fire, environmental, sewage, building, or other federal, state, or local law, code, ordinance, or regulation. C. Grantor is a California Limited Liability Corporation duly organized and validly existing under the laws of the State of Califomia. D. Grantor has full fight and power to execute, deliver and perform its obligations under this Agreement, and when executed and delivered, Grantor and all parties having an interest in the Property shall be lawfully bound by the terms of this Agreement. Grantor is the sole owner of the Property, free and clear of all liens, claims, encumbrances, easements, encroachments on the Property from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the Preliminary Title Report. Grantor shall not further transfer or encumber the Property or allow the Property to be further encumbered prior to the Close of Escrow. E. Any information that Grantor has delivered to City, either directly or through Grantor's agents, is accurate and Grantor has disclosed to City all material facts with respect to the Property. F. There is no pending litigation or threatened litigation, which does or may adversely affect the Property. G. There is no eminent domain or similar condemation proceeding affecting any portion of the Property now pending or, to Grantor's knowledge and belief, threatened. Further, there are no actions or proceedings pending or threatened against Grantor or the Property, before any court or adminislrative agency in any way connected with or relating to the Property, or affecting Grantor's ability to fulfill all of its obligations under this Agreement. H. There are no written or oral commitments to or agreements with any governmental authority or agency mater/ally and adversely affecting the Property, or any part thereof or any interest therein, which will survive the Close of Escrow. Grantor has entered into no understanding or agreement with any taxing or assessing authority respecting the imposition or deferment of any taxes or assessments respecting the Property. City expressly agrees that Grantor can request, and City shall record, an easement(s) for County of Riverside Flood Control purposes across the Property. I. Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Property to City, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Grantor is a party, or which affects the Property or any part thereof, and the sale of the Property herein contemplated R:~S PXRoripaugh Ranch SPXnew~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 10 does not require the consent of any party not a signatory hereto. J. Grantor is not in default of its obligations under any contract, agreement or instrument to which Grantor is a party which would adversely affect the value of the Property or Grantor's ability to perform its obligations hereunder. K. There are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property. L. There are no mechanics', materialmen's or other claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Grantor agrees to hold Indemnified Parties harmless from ail costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. M. There presently are, and at the Close of Escrow there will be, no oral or written leases, contracts, agreements, licenses, commitments, or undertakings respecting maintenance of the Property, or the performance of services on the Property, or the use or occupancy of the Property or any part of it by which City would become obligated or liable to any person after the Close of Escrow except as authorized by this Agreement; and there are no deed restrictions or institutional controls on the use of the Property relating to Hazardous Substances. N. There are no written or oral leases or contractual fights or options to lease, purchase, or otherwise enjoy possession, or any other rights or interests of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Grantor shall deliver possession of the Property to City free of all tenants and other persons or entities, and shall indemnify and hold Indemnified Parties harmless from the claims of any tenants or persons or entities claiming a right to possession relating to Grantor's occupancy of the Property and arising before or after the Close of Escrow. O. Grantor is not a "foreign person" within the meaning of Section 1445(0(3) of the Internal Revenue Code. P. The agreements identified on the Operating Agreements, Warranty and Entitlement Schedules are ail of the contracts, permits, entitlements, plans, approvais, or agreements, such as maintenance, service, or utility contracts relating to or affecting the Property. Q. The documents identified on the Operating Agreements, Warranty and Entitlement Schedule are ail of the leases, licenses, occupancy agreements, or other agreements demising space in, providing for the use or occupancy of, or otherwise similarly affecting or relating to, the Property. R. There are no obligations with respect to the Property which will be binding upon City after the Close of Escrow except: (i) matters which are set forth in the Preliminary Title RSS P'uq. ofipaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 11 Report, and (ii) the portions of Operating Agreements accepted by City, if any, (to the extent the same are approved and assumed by City). S. Neither Grantor nor, to Grantor's knowledge, any of the tenants under the Leases has either filed or been the subject of any filing of a petition under the Federal Bankruptcy Law or any federal or state insolvency laws or laws for composition of indebtedness or for the reorganization of debtors. Grantor shall notify City of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. Grantor agrees to indemnify Indemnified Parties and agrees to defend and hold Indemnified Parties harmless from all loss, costs, liability, expense, damage, or other injury, including without limitation attorneys' fees and expenses, and all other costs and expenses incurred by reason of, or in any manner, direct or indirectly, resulting from the breach of any warranties and representations in this Section. The provisions of this Section shall survive the Close of Escrow, the termination of this Agreement and/or delivery of the Grant Deed. 13. Representations and Warranties of City. City hereby represents and warrants to Grantor the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct at the date of this Agreement and as of the Close of Escrow: A. City has the full power and authority to enter into this Agreement and consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized by City, and no other action by City is requisite to the valid and binding execution, delivery, and performance of this Agreement by City. B. There is no pending litigation or, to the best of City's knowledge, threatened litigation, which does or will materially adversely affect City's ability to consummate this transaction. 14. City's Conditions. City's obligations under this Agreement are expressly made subject to the following conditions precedent solely for the benefit of City. The Close of Escrow and City's obligation to consummate the purchase of Property shall be contingent upon and subject to written notice to Escrow Holder by City of the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow. City to accept provisions of the A.D. 161 HCP Plan only as to cause to operate and maintain by a third party the land and habitat. All payment obligations within said HCP Plan remain Grantor's sole obligation. A. City's obtaining a satisfactory commitment issued by Title Company to issue the R:~S PkRoripaugh Ranch SPknevAPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 12 Title Policy in favor of City with a liability amount equal to the Purchase Price showing City's fee interest in the Property subject only to the Permitted Title Exceptions, and being otherwise in accordance with the provisions of paragraph 5 of this Agreement, and expressly insuring against the claims of any persons in possession of all or any part of the Property and the claims of any mechanics or materialmen. B. City's receipt of Grantor's representation that there are no mechanics' and/or materialmen's liens, or lis pendens actions affecting the Property, and that all taxes, sewer, water, and utility bills and/or connection fees have been paid. C. City's performing such environmental analysis of the Property as it deems appropriate to determine, to its complete satisfaction, that the Property has not been used for the storage of any petroleum products, toxic materials, or Hazardous Substances (as defined in Exhibit G attached hereto), and that no petroleum product, hazardous substance or toxic material is or has been located on, in or under the Property except as identified in the HazMat reports. D. That as of the Close of Escrow the representations and warranties of Grantor contained in this Agreement are all true and correct. E. Grantor's delivery of all documents required to be delivered by Grantor pursuant to Section 6 hereof. F. City's approval, prior to the expiration of the Due Diligence Period, of the physical condition of the Property, including without limitation, any and ail inspections, tests, Survey(s), and other studies to be conducted by City, in City's sole discretion, including without limitation, any environmental site assessments, investigations, studies and reports that may be required under the California Environmental Quality Act CCEQA"). City's approval of any such inspections of the Property shall not alter or diminish Grantor's representations or warranties under this Agreement, and Grantor acknowledges and agrees that City is nonetheless relying on Grantor's representations and warranties made herein, unless such representation or warranty is specifically waived in whole or in part by City in writing. G. If City has elected to obtain the same, City's obtaining and approving the Survey provided for herein. H. 1. Grantor has prepared and delivered written notice to the respective agencies which have issued the AD 161 MSSHCP Plan, the 401 permit, the 404 permit, the 1603 permit and received written consent and/or acknowledgment of the conveyance of the fee title to City and Grantor's retention of all obligations, duties, performances and payments required by each agency, all to City's satisfaction. 2. Notice to Issuers of Exhibit C-1 permits. Prior to the City accepting the Deed, Grantor shall, in writing, advise the agency that issuer of the 401 permit, 404 permit, 1603 permit and the AD 161 HCP Agreement, as referenced on Exhibit C-1 that Grantor is transferring fee title to the Property to City but retaining all the obligations under each respective permit. Grantor shall also give City notice as to any and all attempts to transfer the duties or obligations R:',S P'~R. oripaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 13 of the 401 permit, 404 permit, 1603 permit or AD 161 HCP Agreement to any third party. This obligation shall survive this Agreement and shall terminate at the time the performances under all the Operating Agreements, Warranty or Entitlements have been performed as required. If all the foregoing conditions precedent have not been either met to City's sole satisfaction or expressly waived in writing by City on or before the respective dates set forth therein, or if no date is set forth therein on or prior to the Close of Escrow, then this Agreement shall, at the option of City, become null and void, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and City shall be entitled to the immediate refund of the Deposit. In addition, City may terminate this Agreement in City's sole and absolute discretion for any reason, or for no reason whatsoever, by giving written notice to the Grantor on any day prior to and including the final day of the Due Diligence Period, in which event, this Agreement shall become null and void and, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and City shall be entitled to the immediate refund of the Deposit. 15. Condemnation; Destruction. All risk of loss with respect to the Property shall remain with Grantor until after the Close of Escrow and delivery of possession of the Property to City. If at any time prior to the Close of Escrow, the Property, or any portion thereof, is damaged by fire or other casualty or taken or appropriated through eminent domain or similar proceedings, or is condemned for any public or quasi-public use, City may terminate this Agreement. If City terminates this Agreement, Grantor shall be entitled to receive all insurance proceeds payable to City or Grantor or all condemnation proceeds actually paid for that portion of the property taken. If City elects to maintain this Agreement in full force and effect, City shall be entitled to receive all insurance proceeds payable to Grantor or all condenmafion proceeds actually paid for that portion of the Property taken or, if such proceeds have been paid to Grantor, City shall receive a credit against the Purchase Price and Relocation Assistance Payment equal to the amount of proceeds actually paid to Grantor. 16. Default. In thc event of a breach or default under this Agreement by either Grantor or City, the non- defaulting party shall have the right to terminate this Agreement and the Escrow for the purchase and sale of the Property by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non-defaulting party, City shall thereupon promptly receive a refund of the Deposit. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies against the defaulting party at law or equity. Il* CITY FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS ItEREIN PROVIDED BY REASON OF ANY DEFAULT OF CITY, IT IS AGREED THAT THE DEPOSIT SHALL BE NON-REFUNDABLE AND GRANTOR SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY GRANTOR AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS GRANTOR'S SOLE AND EXCLUSIVE REMEDY. IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO GRANTOR PURSUANT TO R:kq P~Roripaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 14 CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ. CITY AND GRANTOR AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES GRANTOR WOULD SUFFER UPON CITY'S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY. CITY DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND CITY AND GRANTOR DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE GRANTOR'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, CITY AND GRANTOR AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW: GRANTOR CITY 17. No Relocation Assistance. The total compensation to be paid by City for the Property is the Purchase Price, which consideration covers all land and improvements, furniture, fixtures and equipment, loss of business goodwill, and relocation assistance, and is the full and complete acquisition cost of the Property. City shall have no obligation to Grantor under the California Relocation Assistance and Real Property Acquisition statutes and guidelines. Except for any breach of terms or conditions contained in this Agreement, Grantor waives and forever releases City, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on City's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and cimumstances arising from City's acquisition of the Property. By such release, Grantor expressly waives its fights, if any, under California Civil Code Section 1542 which provides: "A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor." 18. Survey. A. City, at Grantor's sole cost and expense, shall be provided an ALTA Survey of the Property prepared by a registered land surveyor licensed by the State of California (i) showing the boundaries thereof and the locations of all easements and/or encroachments on or affecting the Property, if any, and (ii) certifying the exact acreage of the Property to three decimal places, exclusive of any portion thereof used or dedicated for public rights-of-way. In all other respects the Survey shall meet the requirements of any governmental agency having jurisdiction over the Property for preparation of a subdivision map and any requirements of the Title Company necessary to delete the Survey exception from an ALTA policy of title insurance. R:~ P'~q. oripaugh Ranch SP~newXPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 15 B. If the Survey (i) shows any encroachments affecting the Property, or (ii) shows any easements that would, in City's sole reasonable opinion, adversely affect City's anticipated use of the Property as recreational open space, then Buyer shall have the right to declare this Agreement null and void, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties or obligations hereunder, and the Deposit shall immediately be returned to City. 19. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mall, postage prepaid, certified or registered, return receipt requested. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Atm.: City Manager Phone: (909) 506-5100 Fax: (909) 694-6499 Copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40~ Floor Los Angeles, California 90071 Atm.: Peter M. Thorson, City Attorney Phone: (213) 626-8484 Fax: (213) 626-0078 Grantor: Ashby USA, LLC 470 Harrison Street Corona, Califomia 92879 Attention: Justin Ashby Phone: (909) 898-1692 Fax: (909) 898-1260 Butterfield Development Co. Inc. 470 E. Harrison Street Corona, California 92879 Attention: Richard Ashby Phone: (909) 898-1692 Fax: (909) 898-1260 R:XS P",Rofipaugh Ranch SPXnevAPURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 16 Copy to: Pete Ohla 470 E. Harrison Street Corona, California 92879 Phone: (909) 898-1692 Fax: (909) 898-1260 Escrow Holder Phone: Fax: 20. Broker's Commissions. City represents and warrants to Grantor that City has used no broker, agent, finder or other person in connection with the transaction contemplated hereby to whom a brokerage or other commission or fee may be payable. Grantor represents and warrants to City that Grantor has not employed any person or business entity as its broker in connection with the transaction contemplated hereby and has employed no other broker, agent, finder or other person to whom a brokerage or other commission or fee may be payable. Grantor shall be solely responsible for the payment of all commissions or fees payable to any person or business entity. Each party indemnifies and agrees to defend and hold the other harmless from any claims resulting fi'om any breach by the indemnifying party of the warranties, representations and covenants in this Section. 21. Standard Instructions. Each party agrees to execute Escrow Holder's supplemental reasonable standard instmctions as may be necessary or proper in order to consummate the transactions contemplated by this Agreement; provided, however, in the event of a conflict between the terms hereof and the terms of such standard instructions, the terms hereof shall control. 22. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 23. Successors and Assigns. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of, the parties hereto and their successors in interest and assigns. R:~S pX, Roripaugh Ranch SPXnew'xPURCHASE AND SALE AGREEMENT AND ESCROW rNSTRUCTIONS Final. DOC 17 24. Entire Agreement. This Agreement, together with all exhibits hereto, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 25. Severability. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and effect. 26. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Grantor and City and deposited with Escrow Holder. 27. Attorneys' Fees. In the event that suit is brought for the enfomement of this Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the losing party or parties, and any judgment or decree rendered in such proceedings shall include an award thereof. 28. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of Grantor and City and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 30. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. R:~ P'xR.oripaugh Ranch SP~new~PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final.DOC 18 31. Assignment of Agreement. Neither City nor Grantor may assign or transfer their respective rights or obligations under this Agreement without first obtaining the prior written consent of the other, which consent may be granted or withheld in the sole and absolute discretion of the applicable party. IN WITNESS WItEREOF, the parties have caused this Agreement to be executed as of the date first above written. city: CITY OF TEMECULA, a general law City and a public body, corporate and politic By: Nanle: Title: Attest: Grantor: ASHBY USA, LLC, a California Limited Liability Company By: ASHBY DEVELOPMENT COMPANY, INC., a California corporation, Managing Member By: Justin I~L Ashby, President By: Jeanne Deringer, Secretary BUTTERFIELD DEVELOPMENT COMPANY, INC., a California corporation By: Ronald E. Beaman, President By: Tracy M. Browne, Secretary APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation By: City Attorney R:KS P~Roripaugh Ranch SP~new~URCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Final. DOC 19 EXHIBIT A Leeal Descriotion Of The Property THE LAND REFERRED TO HEREIN AS THE "LAND" IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 11086-0097~729614 05/07/2003 A-1 05/0712003 10:51 9098981693 FIESTA PAGE 83/16 EXHIBIT"A" DEDICATION OF HABITAT AD-161-SHCP That portion of the North one-half of the North one-half of Section 20, Township 7 South. Range 2 West, San Bemardino Meridian, in the City of Temeeula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described a.s follows: Commencing at the Northeast comer of said Section; thence along thc north line of said Section North 88*37'05" West, 267.00 feet to the westerly line of the land described in a Deed to the Metropolitan Water District of Southern CalJ.fomia recorded Sanuary 2, 1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county and the TRUE POINT OF BEGINNING; thence along said the westerly line South 20°13'05" West, 523.01 feet; thence leaving said westerly line, North 72°43'38'' West, 14.42 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 1655.00 feet; thence northwesterly 83.95 feet along said curve through a central angle of 02°54'23"; thence North 75°38'01'' West, 1274.67 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 1545.00 feet; thence Northwesterly 312.72 feet along said curve through a central angle of 11°35'49"; thence North 64*02' 12" West, 200.00 feet to the north line of said Section; thence along said north line, South 88*37'05" East, 1983.53 feet the TRUE POINT OF BEGINNINO. RESERVING an ca~ement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of ibc final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the Property required to perform fuel modification and brash cleazance in accordance with applicable government ~..quimments, said area to be delineated upon recordation of thc final map for subdivision of adjacent property. · ALSo RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD-161-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of riverside on August 2, 1998. ALSO RESERVING the right to access the Property for any of the above described purposes. P:S~AXASHB 0005'~Le gal De.scriptio n sXlotaa, doc 85/87/2883 10:51 9098981693 FIESTA PAGE 84/16 The above-described parcel of land contains approximately 12.45 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as thc "Scrvieut Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall be binding upon and run with the Dominant Tenement and the Servient Tenement. Each of the casements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servjent Tenement, as described by each reservation of e&~ement, shall terminate. Cliffo~l )~. Simental, PLS Date L.S. No.5022 Expires: 1.2-31-05 P:~A~A S I.~ O00.~,Legal Descriptions',lo~aa,doc 85/87/2883 18:51 9898981693 FIESTA PAGE 85/16 [] PROPO$£DSLOP£.4ND DRAIN,4GE FACILITIES T.P.O.8. NES°J7'O5"F/ E,4$£MENT -- t' 26 7. O0 ' - h , INsr NO 20fe9 REC 3/7/60 SECTION 20 I~ ~ ' , I~ rIPER lflST. NO. 01-~f94 /~// Y Hot s..,..s I~/ VICINI~ MAP ~EA$E~NT AREA ~$C~8~ H~RE[N E~SE~NT ARE~ = ~,45 ACRE5 EXHIBIT "B" ~ ' ~-161-SHCP ~T~. "'' r DAVID EVeS ~Y ~D ~SOOIATES, ~ 85/87/2083 18:51 9098981693 FIESTA PAGE 86/16 EXHIBIT "A" DEDICATION OF HABITAT AD-161-SHCP That portion of Sections 20, Township 7 South. Range 2 West, San Bemardino Meridian, in the City of Temccula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described as follows: Beginning at the Northeast comer of said Section 20; thence along the east Ii.ne of said Section 20, South 0°34'31" West, 587.79 feet; thence South 55026'06'' West, 37.04 feet to a point on curve, concave northerly and having a radius of 2945.00 feet, a radial line of said curve to said point bears South 14'33'53" West; thence Westerly ! 39.19 feet along said curve through a ccntral angle of 2°42'29"; thence Noah 72°43'38'' West, 220.43 feet to the easterly line of the land described in a Deed to the Metropolitan Water District of Southern California recorded January 2, 1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county; thence along said easterly line North 20013'05" East, 543.28 feet to the north line of said Section 20; thence along said north line, South 88037'05'' Ea~ht, 193.04 feet to the Poi.ut of Beginning. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, ovewr any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. ALSO RESERVING the tight to m-seed and maintain the Property in accordance with the AD- 161-SCHP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of riverside on August 2, 1998. ALSO RESERVING the right to access the Property for any of the above describexl purposes. P:'~AASItB0005~.~gal Dcscriptions~lotbbSEC20, doc 05/07/2003 10:51 9098981693 FIESTA PAGE 07/16 THIS DEDICATION IS SUBJECT TO that certain 50.00 foot wide caserccnt to thc Metropolitan Water District of Southern California recorded March 7, 1960 as Instrurccnt No. 20189 of the official records of the County Recorder of Riverside County. THIS DEDICATION IS SUBJECT TO that certain 40.00 foot wide easement to Rancho California Water District recorded June 29, 2001 as Instrument No. 01-300190 of the official records of the County Recorder of Riverside County. The above-described parcel of land contains approximately 3.80 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be refer~ed to herein as the "Servient Tenercent". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this (}rant Dccd (the "Dominant Tenement"), and shall be binding upon and mn with the Dominant Tenement and the Servient Tenercent. Each of the easercents reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, bm shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND A$SOCIATBS, INC. Cl~ffo~l ~. Sircental, PLS Date L.S. No.5022 Expires: 12-31-05 p:La,~$HB0005XLega] Descriptions~otbbSEC20.doc 05/07/2003 10:51 9098981693 FIESTA PAGE 88/16 .~- (~ N72°43'38"W 220.43' , / SEC 20 / ~ 555'26'06'~ ~7.0~~ ~ I MURRI~ ~ ~SE~T IREI OESCRI~m "EREZ~VICINI~ MAPII EXHIBIT "B" DAVID EVeS 5/5/03 05107/2003 10:51 9098981693 FIESTA PAGE 09/16 EXHIBIT "A" DEDICATION OF HABITAT AD-161-SI-ICP That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in thc County of Riverside, State of California, according to the Official Plat of said Land fried in the District Land Office, described as follows: Beginning at the Northwest corner of said Section 21; thence along the north line of said Section 21, North 88°29'37" East, 814.77 feet to the beginning of a non-tangent curve, concave westerly and having a radius of 1945.00 feet, a radial line of said curve bears North 64°04'40" East; thence Southerly 707.82 feet along said curve through a central angle of 20°51'03"; thence South 41°16'45" West, 50.65 feet; thence South 87°37'47" West, 143.:29 feet to the beginning of a tangent curve, concave northerly and having a radius of :2945.00 feet; thence Westerly 173.17 feet along said curve through a central angle of 3°22'09"; thence North 0°33'47'' East, 574.36 feet; thence South 88°34'20" West, 660.15 feet to the west line of said Section :21; thence along said west line North 0°34'31" Fast, 145.09 feet to the Point of Beginning. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the Property required to perform fuel modification and brash clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVIlqG, for a period of ten (10) years, an easetuent for wetland or habitat rnitigati.on purposes, i~cluding construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. P:~A~ASHB0005~Lega! Descriptlon.~\lotbbSEC2 ! .doc 05/07/2003 10:51 909898i693 FIESTA ALSO RESERVI3IO the right to reseed and maintain the Property in accordance with the AD- 161-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of riverside on August 2, 1998. ALSO RESERVIiNG the right to access the Property for any of the above described purposes. THIS DEDICATION IS SUBSECT TO that certain 40.00 foot wide easement to Rancho California Water District recorded January 24, 2002 as Instrument No. 02-042151 of the official records of the County Recorder of Riverside County. The above-described parcel of land contains approximately 6.80 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to here'm as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall he binding upon and mn with ~e Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, I~C. Clfffor~ ~. Siment~, P~ L.S. No.5022 ~xpires: 12-31-05 PAAkASHB0005~Legal Descfipfi ons'dotbbSEC21 .doc 85/87/2883 18:51 9698981693 FIESTA PAGE 11/16 i (~ S87'37'47~/ 143.29' ~ (~/~=3'Z2'09" R~945.00' L=173. 17' P.O.B. I N~'--¢0'~'7 / S~C 21/ 40' EASEMENT TO / / ~ / ~ RCFO PER INST. · i,~,1,, I /~. ~,~,~v ~ /'0~o? / ,// REC 1/24/2002 ~64.04'40~E RIVEffSIDK / ~ ' ' 7"E ~14.77' ~-' (RAO) ............... J I / ~,~ ~ ~ -,. ~.. .................. ~ ~ · '~' - - AND DRAINAGE / / ~/ ~ //~ ~ ~'~ / ~/~</~JL / ~ :~ ~ EASEMENT ~~ )MODIFICATION ~1 7 ;~ EASE~NT PERI II / I ~c~/~oi........... . ' ~' ~40' EA~NT TO i ~ ~T SPRINGS ~o. o~-~ooom ! ~ I~. I~ · ._ i ~ TE~ECU~ ~ E~EM~T ~EA DESCRIBED H~RDN E~E~ENT ~EA - 6.BO ACRES VIOINI~ MAP EXHIBIT ,,B,, DEDICATION OF J ~ H~ITAT ~-161-SHCP DAVID EVeS ~1~1~ ~D ~SOOIATES, ~ ~ ~ c~A ~,,.~ 05/07/2003 10:51 9098981693 FIESTA PAGE 12/16 EXHIBIT "A' DEDICATION OF HABITAT AD-161-SHCP That pon. ion of Section 21, Township 7 South. Range 2 West, San Bcrnardino Meridian, in the County of Riverside, State of California, according to the Official Plat of said Land fried in the District Land Office, described as follows: Commencing at the Northwest corner of said Section 21; thence along the north line of said Section 21, No~th 88029'37" East, 958.80 feet to the TRUE POINT OF BEGINNING; thence continuing North 88029'37" East, 4337.60 feet to the northeast corner of said Secfien 21; thence along the east line of said Section, South 0°59'15'' West, 1959.71 feet; thence North 89°26'30" West, 331.31 feet; thence South 60°42'39" West, 96.06 feet; thence North 89°10'21" West, 92.70 feet; thence North 5°40'54" West, 142.81 feet; thence North 37°18'47" East, 85.50 feet; thence North 25°31' 18" East, 112.71 feet; thence North 8°11'54" East, 112.76 feet; thence North 0°50'32" West, 262.15 feet; thence No~h 22°54'31" West, 192.56 feet; thence North 40°55'28'' West, 372.57 feet; thence North 24°16'06'' West, 163.27 feet; thence North 80°11'52" West, 146.69 feet; thence South 59°53'21" West, 91.23 feet; thence South 31°08'49" West, 146.57 feet; thence South 03°09, 12" West, 69.52 feet; thence South 27042'32'' East, 157.42 feet; thence South 49°18'18'' East, 61.50 feet; thence North 68°29'19'' East, 150.04 feet; thence South 41°58'23'' East, 153.10 feet; thence South 30010' 17" West, 129.03 feet; thence South 46017, 16" East, 70.83 feet; thence South 10059'54" East, 41.74 feet; 'thence South 71033'56.' West, 183.58 feet; thence South 55°57'01'' West, 292.00 feet; thence South 45°27'34" West, 97.37 feet; thence South 40°50'06'' West, 160.77 feet; thence South 51°06'09" West, 146.91 feet; thence South 61°56'22'' West, 264.03 feet; P:~A'~k$ H3 0005'kI_~gal De.ncriptio ns~l otcc.doc RECEIVED: 5/ 7/03 10:18AM; ->CITY OF TEMECULA; #5G5; PAGE 05/07/2003 10:51 90989816S3 FIESTA PAGE 13/16 thence North 83°50'16'' West, 159.06 feet; thence North 90°00'00" West, 283.29 feet; thence South 81°26'09'' West, 356.89 feet; thence South 72°09'30'' West, 161.36 feet; thence South 57°40'46" West, 87.87 feet; thence South 83°31'23'' West, 386.16 feet; thence North 84°12'29'' West, 129.22 feet; thence South 84°27'26" West, 193.91 feet; thence South 63°56'06'' West, 113.99 feet; thence South 89°41.'59'' West, 162.15 feet; thence South 74°40'27" West, 84.91 feet; thence South 47°54'01'' West, 206.41 feet; thence South 81°36'13'' West, 465.73 feet; thence South 71°51'23' West, 60.57 feet; thence North 64009'59'' West, 116.35 feet; thence North 38°15'19'' East, 77.68 feet to the beginning of a tangent curve, concave westerly and having a radius of 1677.00 feet; thence Northerly 1102.66 feet along said curve through a central angle of 37°40'23"; thence tangent to said curve, North 00034'56" East, 350.12 feet to the beginning of a tangent curve, concave westerly and having a radius of 2077.00 feet; thence Northerly 901.25 feet along said curve through a central angle of 24°5 !'42" to the TRUE POINT OF BEGINNING. ]RF.~ERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for construction, maintenance and traversal of a Fire Road over that portion of the Property designated by said purposes by any govenunental agency with responsibility for the provision of fire service, said area to be delineated upon issuance of said governmental approval. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of thc Property approved for such purposes by any government entity, sa/d area to be delineated upon issuance of said.government approval. P:~A~ASH. B 0005~egal Dcscriptions9 otcc.doc 85/87/2883 10:51 909B~81693 FIESTA PAGE 14/16 ALSO RESERVING an easement for grading, realignment and construction of Santa Oertmdis Channel in accordance with approved governmental plans, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING for a period of four (4) years, a temporary easement for rehabilitation and restoration of the airfield over the area shown on the map attached as Exhibit B. ALSO RESERVING the right to access the Property for any of the above described purposes. The above-described parcel of land contains approximately t79.55 acres. That certaia real property set forth at Exhibit "A" of this Groat Deed shall be referred to herein as the "$ervient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall be binding upon and ran with the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the. reservation, and for access, in.g~ess and egress across, over and uader the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DA.VID EVANS AND ASSOCIATES, [NC. L.$. No.5022 Expires: 12-31-05 P:'caJ~A S H B 0005',Legal Dcscriptions~lotcc.doc 85/87/2883 10:51 9898981693 FIESTA PAGE 15/16 N 21 ~ N;88'29'37"£ 4357,80' -~ ~ ~~1~~~ ~N90'OO'OO'W 283. zg' ~ S74'40'27'F 84,91' ~557'40 46'F a7.87' ~ S7I'51'2J'F 60.57' ~ J ~Sa3'Jl/23"W 386,16' ~ N64'Og'59'F 116,35' ~ ~r ~N84,~2'29~ ~29.22' ~ N38'tE'Ig'E 77.6E' ~ ~7'~0'25~ R=1677.00' L~1102, 66' ~ ~4'Et ~42 ~ R~077. 00' L~0~.25~ ~ E=EMENT =EA ~ESCRIBED HEREIN E~EMENT ~EA 179.55 ACRES EXHIBIT "B" .~ DEDICATION OF H~ITAT DAVID EVeS I : 85/87/2883 18:51 9898981693 FIESTA PAGE 16/16 ~.~ ~N89'26'30'~ 33f.3f' ~NSO'1f'52~V 1q6.69 ~S7f'33'5~V 183.58' ~S60'42'39'~ ~Na9'I0'21~ 92.~0' ~S3~'08'49'~ 146,5~' ~S45'ZT'3q'F 97.37' ~NO5'40'54~E 142.81' ~S03'09'12~F 69.52' ~S40'~0'06~V 160.77' ~N37'fS'47'E 85,50' ~S~7'4Z'J2~E 157.42' ~551'06'09'F 146.91' ~N25'31'fS~E 1f2.~f' ~549'1B'fS'E 6f. SO' ~S61'56'22~V 264,03' ~NOS'It~54'E 112,76' ~N68'29'Ig~E f50,04' ~NSJ'50'I6'V 159.06' ~N00'50'3~'~ 26Z. f5' ~341'5~'23'E 155,10' ~NEO'O0'O0~F 283.29' ~N22'54'31~ I~2,56~ ~S30'fO'f7'F 1~9,03' ~S81'26'09~V 356.89' ~N40'55'~8~ 372,57' ~S46'f7'f6~E 70,83~ ~S72'09'30~V 161.36' ~ E~EMENT ~EA ~ES~IBEO HEREIN E~EMENT ~EA 179,55 ACRES EXHIBIT "B" DEDICATION OF -161-SHCP DAVID EVeS ~D ~SOClATES, EXHIBIT B List of Personal Property on the Property Described in Exhibit A as of Close of Escrow No Items Are Present Confn'mation by Grantor: (initial) 11086-0097~729614 05/07/2003 B-1 EXHIBIT C-1 Operating Agreement~ Warranty and Entitlement Schedule 401 Permit* 404 Permit* AD 161 Habitat Conservation Plan Volumes 1-3 1603 Permit* Roripaugh Specific Plan Roripaugh Ranch Development Agreement Tentative Maps Grading Plans Roripaugh Ranch EIR Environmental Hazards Studies: Phase I, Phase wt and the update to the prior Phase I and III reports, dated May 7, 2003, and titled Updated Environmental Compliance *copies are attached hereto 11086-0097~729614 05/07/2003 C-l-1 Wilton II. Rlckox . £nvironmental Prottctlon 633 POP/09 DEC 13 'OP 13:lG California RegionalsanWaterDieg,,o, RegionQUality Control Board hl¢laet Add~: ht~:ll~.~b.~.govl-~qcb91 Gray 91~4 S~ Park Co~ Suit~ I~, S~ Dicgo, C~/o~a 92123 ~r Ph~e (858) 46~-2~,2 * g~ (858) 571-6972 Action on Request for Clean Water Act Secti}n 401 Water Quality Certification and Application/Report of Waste Discharge for Discharge of Dredged and/or Fill Materials PROJECT: Rofipaugh Ranch Residential DeVelopment Project (Piic No. 01C-091) Waste Discha,'ge Identifies(ion No. 9 00001C091 APPLICANT: Ashby USA,/_LC Mr. Richard Ashby 470 Harrison Street Corona, CA 92789 ACTION: 1. [] Order for Standard Certification 2. :Il Order for Technically-conditioned Certification 3. [] Order for Denial of Certification STANDARD CONDITIONS: Thc following three standm-d conditions apply to al_[ certification actions, except as noted under Condition 3 for denials (Action 3). 'This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of thc Califomia Code of Regulations (23 CCR). This certification action is not intcnd#d and shall not bo construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FEP, C license unless thc pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and thc :application sl)e. cifically idemified that a FERC license or amendment [u a FERC lic~sc for a hydroelectric facility was being sought. 3. The validity of anY non-denial ce~fication action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agenq~. California Environmental Protection Agency Recycled I~ap~r DEC 13 '0~ 1J:16 ADDITIONAL CONDITIONS: 'l The following udditional conditions shall apply'to ~his project: -~shby USA, LLC shall, at all times, fully comply with the enginec, ring plans, specifications and technical reports submitted with this application for Section 401 Water Quality Certification and al! subsequent submittals required as part of this certification. Ashby USA, LLC shall comply with the requil'ements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Pem~it for Storm Water Discharges Associated xvith Construction Activity. ** This certification is not transferable to any person except after notice to thc Executive Officer of the San Diego Reg~°nfl Water Quality ~0ntro'~ Board (Regional Board). Ashby USA, LLC shall submit this notice in writing at least 30 days in acNance of any proposed transfer. The notice must include a written alTectncnt betwccn the existing and new owner containing a specific date for thc transfcr of this certification's responsibility and coverage between the curt'tnt owner and the new owner. This agreement shall include an acknowledgement that the existiug owner' is liable for violations up to the transfer date and that the new owner is liable from the transfer date on. In tl~c event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitatiou necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the Regional Board may require thc holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring repons the Regional Board deems appropriate, provided that thc bu,'den, including costs, of Otc reports shMl be a reasonable relationship to thc need for the reports and thc benefits to be obtained from thc reports. In response to any violation of the con)~t~ons of this ccrtificati.on, the Regional Board may · add to or modify tire conditions of thi~ certification as appropriate to ensure compliance. Ashby USA, LLC shall notify tile Regional BOard, itl writing, of the start of project grading, the start of miiigation installa:tion and the.completion of ~uitig.afion in~tall0.tio r..All notificfitions' shall'be'sub~n.itt~d Within 3 d~/~'of the start of tile acfi~fi'~ aii/l shail'rei'e~i~e File No. 01C-091. P~4x09 DEC 1~ '02 1J:18 lie. OI(2-U~ t ' ' Annon"lex will be installed along both si,dps of Long Valley Wash, outside of jurisdictional waters of the U,S. The existing low flow' ~ash will remain in its natural condition, except as ~;tj~l. ed in thc amended 401 Water Quality Certification application package, dated 3'uly 25, 9. All armorflcx areas in Santa Gertrudis Creek and Long Valley Wash shall be hydrosecded with a native seed mix. i0. Ashby USA, LLC sball submit, within 90 days of the issuance of this certification, ~t ~ eotisei;~tation easement or deed restriction that prohibits the removal of native j.n~b;.ctiog~h.~t..~ijj~cd to,/nOwing, pruning and'spra~ine in Santa Gc-vtmdi~ LongVatley Wash onthe pmject slte[ This does not apply tO the removal of exouc vcgcta~ou or trash and debriS. ~'~iify.US~:LLC'.~hali submit proofer a completed c°~e!~fi0t~e~'~e~ent or deed ~t~eg~.ll~jg~'_n~O_n.e year of the i~uance of tiffs certificationt !iI~.~S~ LLC shall also provtde wfi~:~'v~n~on ~'~['~verside County~ Fl0o3 Controh' a.n.d Water ¢0nservation}District (I~C~.,~),&~g~)~,pE~!!i,on)gainst mowing anO omer vegetauon removal aetlv~ttes wxthm the channels w~th the draft conservation easement Or deed restxictiom ) l i. A nuugauon for impacts to 3;38 acres of waters of the U.S., Ashby USA LLC shall create at teas~ 8i2 acres of Southern Willow s0n~b and freshwater marsh habitat within the 2'0l-aare ' p~e,~c ~a:gn site4 The mitigation area shall be located in an area that is currently unvcg~;tated or previously di$ccd. Existing coastal sago scrub, or otber areas of native Vegetation, shall not be cleared or graded as part ortho mitieation area pl~ ~hall be subrrntted to th8 R~gional Board for approval priorto the star/~i'~nY g~adin~ 'associated with fl'~e proposed project,$The mitigatiou plan shall include, but not bc limited to, cross-sections of the mitigation area, planned hydrology, plantiug specifications omd palette, irrigation regime if necessary, success criteria, and a maintenance and IttoIiitorillg program. The nmnitoring program shall meet the requirements listed in Condition No. 11. pl=Bngc fi~cnfing ~;fullt Sat~'o[ the ~ti~afion proj~t, ~ ~a si16 Q~ding and ~ not completed wi~n s~ wee~ of each oth~r, separate repo~ will be submitted describing ~ose specific ~-buiIt con~o~. 13. ~e::eons~aon of the proposed ~figafion;Sh~ be completed wi~n the sine calen~ ye~ ~s. i~pac3a .t~.wq~rs 9f me u.s..occur, o~ a least no !at~r t!,= 9 months following the o~me;calenm ye~ in which impac~ tint aecuri(e.g., ff impae~ ~car in june 2003, ~6~;[~{~0, 0f :Mfigafion for ~1 iinpaC~ must be comple~d no later th= Septcm~r 20~). [4, hc)mtigaaon ~ca;shall be momto~d at lc~t qumcrly during ~e~$**t~ye~ following ms~!~fion se~,~nu~l~ d~ng ~e second ~fl tMrfl ve~$ and =~U-'~, ,~,a the site h~ been ~eemed succcss~. ~tonng repo~:~Z ~ subn~f~fl nelate.'tlt~ 6:33 PIe/ID9 DEC 13 '02 13:17 dl)l Ccrtlhc;m,,i, Pdt Nv. OIC 09! ' days following the end of the monitoring period. Monitorin§ reports shat] includc, but not bc ~ a. Names, qualifications, ~d affiliations of ~c persons con~busn~ m thc mpom th: T~blcs p~cscnting ~h~ raw ~tu collcc~d in ~c field ~ well as ~yscs of ~hc physic~ ~d biologic~ data; ~ e. Qualitafive~dquanOtafivecompmsonsofc~ent~figafioncon~tionswithpre_ consgucfion con.lions and previous nfitigation monitoring result,; ~d d. Photodocumcntafion ~om established reference point. 15. Ashby USA, LLC shall submit, within 90 days of thc issuance o£ thls certification, a draft cpnser~a!ion easement or deed msuiction that prohibits development wi[l~owing' and/or Other activities fl~at would result in permanent or tcmpo~ al~t~~uitiga~on area, '.)kshb~ USA, LLC sMI1 submit proof of a compiete~l ~°nservati°n easement or deed restricliOn within one year of the issuance o£ this denifichiion. 16. Ashby USA, ]..LC shall fully implement the Final Water Quality Manasement Plan (WQMP), dated September 26, 2002. Post-construction best management practices (BM?s) that will be implemented to treat and control urban and storm water runoff from the Roripaugh Ranch development include: four detention basins, grassy swales, fossil filtc~ in 12 storm drttins, storm drain inlets designed to reduce flow velocity and trap sediments, and street sweeping. These BM?s will be implemented and maintained as described in the '17. A Ho~nc Owners Association CHOA) will be establishcd prior to the issuance of thc final occupancy pcmfit for this project. The HOA will be responsible for the mainten,'mce of all di'ainagc facilities and BIrds outside of the public fight-of-way. The BMPs, ~naiutcnancc, and other activilics dcscribcd in the WQMP shall be incorporated into thc Covenants, Codes, and Restrictions (CC&Rs) to be adopted by thc HOA. Ashby USA, LLC sh,'tlI submit the CC&Rs m thc Regional Board within 30 days of adoption. 18. For those drainage facilities within thc public right.-of.-way that will be maintained by the City iof Temccula Public Works Department with HOA funding (i.e., fossil ['rite, rs), Ashby USA, LLC shall submit, prior to occupancy, the maintenance agrcemcnt trod a written staicmcnt or signature fi'Om the City of Temecula thai they have accepted the maintenance responsibility. 19. The HOA will own and maintain the ffnsite horse trail along the south aud east boundaries of the site, including a crossing of Long Valley Wash. just west of the eastern site bom~dary. The HOA will post and maintain signs on both sides of thc crossing prohibiting fidcrs from traveling cast or west witlfin the chamtel. The HOA will remove horse, mamxc from the :crossing bi-monthly and from the mst of the trails on a monthly basis. 20.1The detention basins shall be vegetated with native grasses (e.g., Distichilia sp.). 21. Prior to the initiation of .construction in ~aters of the U.S., Ashby USA, LLC shall submit to the Regional Board any final requircmcfll& thc RCFCWCD and/or the City of Temccula has 6~J P~6/09 DEC 1~ '02 'IJ:18 401' Cu~lili~.dlluil bilc NO, UI~J-U~I ' ' placed on the project, This certificatio,n, dges not allow additional impacts to waters of the U.S. based upon any RCFCWCD requfi'~m~nt other than those specifically authorized Should the RCFCWCD require additionaflmpacts to waters of the U.S., Ashby USA, ~LC must rcapply for a Scction 401 Water Quality Certification. 22. Tt~.s certification does not address dewatering; separate authorization will be required from the Regional Board for any dewatering impacts. REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: Megan Fisher California Regional Water Quality Control Board, Sun Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 85g-268-$363 WATER QUALITY CERTIJF1CATION: i hereby certify that the proposed discharge from the Roripaugh Ranch Residential Development Project (File No. 01C-091, WDID No. 9 00001C091) will comply with the applicabk', provisions o1' sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Linfitations"). 303 CWater Quality Standards and Lmplementation Plans"), 306 CNational Standards of Performance"), m~d 307 ("Toxic and Preb'eatment Effluent Standards") of thc Clean Water Act. The proposed project as conditioned is consistent with conditions specified in the Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) for a waiver of waste discha,'ge requirements. Although the adoption of waste discharge requirements is being waived at this time, we may issue waste discharge requirements should new information come to our attention that indicates a water quality problem. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) thc discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project des/'ription and/or on the attached Project lnformation Sheet, and (b) on compliance with all applicable requirements of file Regional Water 1 Boarc)'~/Water Quality Cm~trol Plan (Basin Plan). Joh~rl/R;bertus Ex c{~tive Officer Regional Water Quality Control Board · '. . D ate Attachments 1 and 2 · ' 6~3 P~x09 D~C 1J '0~ I~:18 401 ¢:crlifi~:alion l'li~ Nu. 01(2 0'.)I · Applicant: Applicant Representatiws: Project Name: Project Location: Type of Projcct: Project Description: Federal Agency/Permit: Other Required Regulatory Approvals: California Environmental Quality Act (CEQA) Compliance: Rcceivin8 Water: Ashby USA, LLC' Richard Ashby 470 Harrison Street Corona, CA 92789 909-898-1692 909-898~1693 (t) Glenn Lukos Associates, Inc. Darlene Shelley and Martin Rasnick 29 Orchard Lake Forest, CA 92630 949-837-0404 949-837-5834 (0 Roripaugh Ranch Residegtial Development Project (File No. 01C-091, WI)ID No. 9 00001C091) The proposed project is located in thc City of Temecula in Riverside County. Thc site is bounded by the proposed alignment of Murrieta Hot Springs Road to the north, the proposed alignment cf Buttcrfield Stage Road to thc soufli, Leon Road to tim west, and open space to the east, in thc Bachelor Mountain qua~angle. Residential Development Ashby USA, LLC proposes to construct a r~idenfial con'mmnity consisting of appro×imat-ly 2,058 single-family residential homes on 804.7 acres. The project also includes 15.4 acres of commercial uses, a 12-acre elementary school site, a 20-acm middle school site, a 5.l-acre neighborhood park, a l g.7-acre community park, 9.1 acres of ptivate recreational facilities, 202.7 acres of biological habitat, 56.6 acres of flood control and landscaped slopes, and a 2-acre fire station. The proposed project has a gross density of 2.56 units/acre and a net residential density of 4.97 units/acre. U.S, Army C~ of ~gincers/Section 404 Permit California Department of Fish and Game Streambcd Alteration Agreement The City of Telnecula approved the EIR on November 26, 2002. Long Vallny Wash and Santa Genmdis Crock "' 693 ~O~/09 DEC lB · 101 C:ouhcaum~ Pile NO. ollE-09r ' Impacted Waters of thc United States: D?i:dge Volume: Rdaled Projects Implemented/to be · Implemented by the Applicant(s): A. voidanceJMinimi;'~q flea Measures: Compensatory Mitigation: Best Management Practices: he proposed proj?~ vnll lm.r~, entl~, impact 3,38 acres of wators of the U.S., 0.50 of whic~~ are judsdicUonal wetlands. Not applicable Approximately 262 acres of thc project will be opcn space, 201 of which will be preserved habitat as requircd in thc Assessment District 161 sub- Regional Habitat Conservation Plm~. Mitigation will Consist of creating 8.2 acres of southern willow scrub and freshwater nmrsh habitat adjacent to Santa Gcrtrudis Creek, within thc 201 -acre preserve area. Postdevelopmeut BMPs to treat urban runoff include water quality swales, fossil filters, and four detention basins. Thc HOA will post and ~,~ntain signs on both sides of thc horse trail crossing of Long Valley Wash ;md will remove horse manure bi-montldy front the crossing area and monthly from the rcst of the trails. · ' ~ ' 6:33 P09/09 DEC 1.3 '02 13:19 Robert Smith A'I'I'ACHMI~NT 2 DIST~, TION LIST ' U,S. Army Corps of Engineers Los Angeles District/Regulatory Branch 911 Wilshkc Blvd. Los Angeles, CA 90017-3401 Ms. Darlene Shelley md Martin R~snick Glenn Lukos Associams, Inc. 29 Orchard Lake Forest, CA 92630 Mr. Pete~ Olah Paradigm Eugiaeerh~g Group 427 E. Seventeenth Street #261 Costa Mesa, CA 92627 State Water Resources Control Board Division of Water Quality LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittees: Ranch Ashby USA, LLC and the Homeowners Association (HOA) for Roripaugh Permit Number. 199915459-RRS Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The project, Roripaugh Ranch, comprises an 805-acre project with 2,058 single-family residential units, commercial, parks, schools, habitat, flood control, and wetlands mitigation within the City of Temecula (City). The project may impact but not exceed 3,38 acxes of waters of the U.S. including 0.5-acres of wetlands. The 169-acre parcel comaxtonly referred to as the "Panhandle" and the remaining 63&acxe parcel (the Pan) is under the jurisdiction of the City. The existing zoning allows for up to 502 units on the Panhandle and 1,556 units on the 653-acre Pan parcel. Project includes all construction and operation and maintenance necessary for three years per the special conditions. Project Location: In tributaries and in Santa Gertrudis Creek and Long Valley Wash in Temecula, Riverside County, California Permit Conditions: General Conditions: 1. The time limit for completing the authorized activity ends on March 20, 2006. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain ~ activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain-the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eliga~le for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. A conditioned water quality/waste discharge certification has been issued for yoar project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the auff, orized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1. The permittee shall implement and abide by the attached Section 10(a)(1)(B) Incidental Take Permit (#TE030504-0), Habitat Conservation Plan (HCP), and Implementing Agreement (IA), for the Roripaugh Ranch Development Project per the US Fish and Wildlife Service (Service) letter to the Corps dated March 30, 2001 (1-6-00-F-29) for impacts to the Federally-listed as threatened coastal California gnatcatcher and endangered Quino checkerspot butterfly, as prepared by the U.S. Fish and Wildlife Service (USFWS) including: 1) the description of the proposed action including all conservation measures, 2) all special terms and conditions of the incidental take statement, and 3) reasonable and prudent measures. The permittee shall also comply with the applicable 10a permit for the Stephens kangaroo rat. In order to legally take a listed species, you have a separate authorization under the Endangered SPecies Act (ESA). The enclosed permit contains mandatory terms and conditions to implement the project. Failure to comply with the terms and conditions associated with incidental take of the permit, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. However the USFWS is the appropriate authority to determine compliance with the terms and conditions of its take permit, and with the ESA. For further clarification on this point, you should contact the USFWS. Should the USFWS determine thai the conditions of the take permit have been violated, normally the USFWS will enforce the violation of the ESA, or refer the matter to the Depa~-ha~ent of Justice. 2 2. The permittee shall submit final detail mass grading and drainage plans (Plans) for Corps approval prior to the initiation of construction. These Plans shall be approved by the City of Temecula and if the City make changes to the project the Corps and the Regional Board shall be notified prior to initiation of construction. The Corps Regulatory project manager shall review and approve or dis-approve (in writing or verbally) the Plans within 30 days of receipt or the Plans shall be deemed approved. The Plans shall conform to attached permit drawings. The pro,ct shall be constructed in accordance with the Corps approved Plans. 3. The permittee, the grading contractors, and the construction contractors, shall hold a pre- construction conference (Corps and Service shall be invited) that will educate all personnel involved with the project that any activity or deviation outside of the Site Plan shall be grounds for permit suspension and that all special conditions of this permit must be abided by and implemented concurrent and after construction. Any additional acreage impacted outside of the approved Plans shall be mitigated at a 5:1 ratio offsite and the area shall be restored to its original condition. In the event that additional mitigation is required, the type of mitigation shall be determined and approved by the Corps and may include enhancement, restoration, creation, or preservation. If such additional mitigation is required then the permittee shall install the mitigation within 60 days of the Corps approving the additional mitigation. 4. The permittee shall employ ail standard Best Management Practices and standard conditions of the Section 401 certification/Waste Discharge Permit Order (401 permit) dated December 11, 2002 hereby incorporated by reference into this permit, to ensure that toxic materials, silt, debris, or excessive erosion do not enter watercourses during project construction and that the Final Water Quality Management Plan (WQMP) is implemented. That the permittees shall construct and maintain basin(s) with constructed wetlands and maintain the basins, filters, and wetlands in perpetuity per the 401 permit and WQMP. The filters shall be maintained by the permittees in perpetuity and the Homeowners Association (HOA) may take over the O&M require, ments of the WQMP but both permittees shall be responsible for the O&M in perpetuity. The Permittee, Ashby USA, LLC, is responsible for the WQMP until the permit is signed and transferred to the HOA via the transferee form attached to the permit which shall serve as the co-permittee signed executed permit. 5. That Ashby USA, LLC shall implement the Final Mitigation Plan (HMlVIP) as prepared by Glenn Lukos Associates dated July 25, 2002, concurrent with construction, for the creation of 6.7 acres of southern willow scrub and 1.5 acres of freshwater marsh wetlands. The plan shall be implemented concurrent with construction and all invasive plants shall be removed prior to completion of the housing project. The mitigation shall be maintained by the permittee for five years or until it reaches its success criteria and is approved by the Corps; afterwards the City shall own and maintain this mitigation site in accordance with the AD161 HCP Implementing Agreement (IA) as a part of the 201-acre AD161 mitigation parcel. The perm~ttee shall submit a copy of the deed recordation per the AD161 HCP IA within 30 days of this permit being executed insuring that the mitigation site is dedicated in perpetuity. 6. Prior to initiating construction in waters of the U.S., the permittee shall submit a performance bond to the Corps prior to initiation of construction ($550,000.~°~ to insure that all elements of the WQMP and HMM~ of this permit are complied with including the successful completion of the HMMP and the filters construction (as defined in the 401 permit) and O&2vl for five years associated with the project. The bonding company must appear on the 3 Department of Treasury circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies. For a current list of Treasury- authorized companies, write or call the Surety Bond Branch, Financial Management Services, Department of the Treasury, Washington DC 20227; (202) 874-6850. The performance bond shall be conditioned such that if the applicant defaults on the mitigation requirements stated under the special conditions of this permit, the bonding company shall assume all responsibility for the mitigation and special condition requirements of this permit. The performance bond shall be r~leased only upon a determirmtion by the Corps that successful mitigation and special condition compliance has been completed. The permittee may request incremental releases of a portion of the performance bond upon successful completion of portions of the mitigation and monitoring requirements of this permit and annual payments made. The decision to release a portion of the bond shall be at the sole discretion of the Corps based on performance and success of the mitigation sites and achievement of mitigation mi/estones by the permittee. 7. If another entity wishes to assume responsibility for the mitigation or maintenance measures described in the I-IIVIMP, this permit, and/or the 401 permit, that entity must send a letter and new performance bond to the Corps indicating thei~ acceptance of said responsibilities. 8. The permittee shall retain a Corps approved qualified biologist(s) to: 1) oversee all aspects of grading and construction monitoring and mitigation plan implementation that pertain to biological resource protection and proper avoidance of restricted areas, 2) ensure compliance with the mitigation measures, and 3) implement and monitor the HMMP, WQMP, the USFWS Take Permit, and conditions of this permit. The permittee shall construc[ a temporary fence around the grading limits prior to initiation of construction to protect preserved and sensitive areas. The Biological Monitor shall ensure that the fence cannot be easily removed and is in the correct location. The permanent fence around the site shall be installed as soon as grading/construction is complete. The Corps shall receive monthly verbal status reports as to contractor compliance with these permit conditions and written annual reports. The permittee shall insure that the biological monitor shall insure that all sensitive areas are avoided and that invasive plants are removed per the HMMP. 9. The permittee shall implement a contractor education program to ensure that contractors and all construction personnel are fully informed of the biologically sensitive resources associated with the project site and are aware of the terms and conditions of this authorization. A copy of this authorization, with the Special Conditions, shall be included in all bid packages for the 'project and will be available at the work site at all times during periods of work and must be presented upon request by any Corps personnel with a reasonable reason for making such a request. 10. The permittee shall ensure that all vehicle maintenance, staging, storage, and dispensing of fuel occurs in designated upland areas. The permittee shall ensure that these designated upland areas are located in such a manner as to prevent any runoff from entering waters of the U.S. 4 11. Permittee, prior to initiation of construction, shall notify the Corps in writing as to which phases/Planning Areas (PAs) shall be developed and which PAs he does not own and plans to sell. Any phases/PAs where conservation easements and/or mitigation is t~quired and the land is not owned by the permittee may require that the Corps modify the Corps permit to allow for the other-landowner to be either a co-permittee or a transferee of this permit. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. l.lmits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or fights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. !.imits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or un- permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or un-permitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. ' b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiting either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. 6 Your signature below, as pemittee, indicates that you accept and agree to comply with the terms and conditions of this permit. ASm4B¥-USA~.LLC~ a California limited liability company Ashby Development Company, Inc., a California corporation ~anaging Member ~'~-~B_~ Justin K. Ashb~ DATE President This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Dr. Fari Tabatabai Acting Chief, Regulatory Branch DA/'£ ' When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE or HOA DATE · STATE OF CALIFORNIA - THE RESOURCES AGENCY Gray Oavis, Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov Eastern Sierra-Inland Deserts Region 75 Bird Farm Road ino Hills, California 91709 one (909) 597-9823 Fax (909) 597-0067 February 3, 2003 Ms. Dadene Shelley Glenn Lukos Assocaites 29 Orchard Lake Forest, CA 92630-8300 Dear Ms. Shelly: Enclosed is a copy of the second rev sed ~tteambed Alteration Agreemedt 6-2001-205 for Butterfield Development Company. If they agree with the conditions/measures set forth in the agreement, please make a copy, have them sign both copies, and return both to our office for signature, at the above address. Written notice of your intent to commence project activities needs to be provided to the Department at least five days in advance of commencing project activities. The California Fish and Game Code requires that you notify the Department in writing within 14 days of receipt of this Proposal as to its acceptability. If you do not respond within this time period you will lose your right to request binding arbitration. For minor changes we suggest you contact the person responsible for writing your agreement prior to sending the written response. If you have any questions regarding the proposed conditions please contact me at (909) 606- 2404. Thank you for your cooperation in this matter. Scott Dawson Staff Environmental Scientist Habitat Conservation Planning, Region 6 STATE OF CALIFORNIA-THE RESOURCES AGENCY Gra~' Oavis, Governor DEPARTMENT OF FISH AND http:/Awvw.dfg .ca.gov ?stern Sierra-inland Deserts Region 5 Bird Farm Road ino Hills, California 91709 GAME Notificatio~ No. 6-2001-205 (Revision 2) February 3, 2003 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Richard Ashby representing Butterfleld Development Company, address: 470 Harrison Street, Corona, CA 92789, phone: (909) 898- 1692, County of Riverside, State of California, hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section 1603 of California Fish and Game Code, the Operator, on the 27 day of August, 2001, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of the following water(s): Santa Gertrudis Creek and Long Valley Wash, tributary to Murrieta Creek, located within the City of Temecula, bounded by the proposed alignment of Murrieta Hot Springs Road to the north, the proposed alignment of Butterfield Stage Road to the south, Leon Road to the west, and open space within the University of California, Riverside Parcel and Johnson Ranch to the east. Sections 20 and 21, Township 7 South, Range 2 West, USGS Map Bachelor Mountain. WHEREAS, the Department (represented by Scott Dawson) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: those songbirds, raptors, other birds, mammals, reptiles, amphibians, plants, and all other aquatic resources and wildlife in the streambed/lake and associated area affected by the proposed project in this agreement. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the/~rovisions of this agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this agreement authorizes the Operator td trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated agreement, does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21, 2003 This agreement becomes effective on date of Department's signature and terminates on March 1, 2008, for the proposed project only. The Operator may request an extension of the agreement annually for a 12~month period if additional construction time is necessary. The extension shall be requested prior to the termination date of the agreement. This agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this agreement. 1. The following provisions constitute the limit of activities agreed to and resolved by this agreement. The signing of this agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this agreement, shall be subject to separate notification pursuant to Fish and Game Code 1600 et seq. ' Proiect/Site DeScription 2. The.Operator proposes to alter Santa Gertrudis Creek and Long Valley Wash to develop 2,058 residential units on 804.7 acres. Project impacts are 3.38 acres of waters of the State, of which 0.83 acres consists of vegetated riparian habitat. Mitigation and Monitoring Plan 3. Specific.work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed, unless directed differently by this agreement. 4. Operator will create 6 acres of southern willow scrub and fresh water marsh habitat within the 8.20-acre mitigation site within Santa Gertrudis Creek. 5. If impacts to DFG jurisdictial areas exceed that authorized in Conditions 3 and 4 of the Agreement, the Operator shall mitigate at a minimum 3:1 replacement-to-impact ratio for the impacts beyond those previously authorized by this Agreement. All mitigation shall be approved by the Department. 6. The Department recommends that all planting be installed between October 1 and April 30 to minimize the need for irrigation and maximize benefits from the winter rainy season. 7. The Department recommends the use of~ative plants to the greatest extent feasible in the landscaped areas adjacent and/or near the mitigation/open space areas and within or adjacent to stream channels. The Operator shall not plant, seed or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space areas and within or adjacent t6 stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and dpadan mitigation sites). Invasive exotic plant species not to be used include those species listed on Lists A & B of the Califomia Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concem in California as of October 1999." This list includes such species as: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained by contacting the California Exotic Pest Plant Council at 32912 Calle del Tesoro San Juan Capistrano, CA Page 2 of 8 STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21, 2003 92675. 8. The mitigation site(s) shall meet all the requirements below. a.) All planting shall have a minimum of 80% survival the first year and 100% survival thereafter and shall attain 80% cover after 3 years and 90% cover after 5 years. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. b.) The site shall not contain more than 5 percent exotic plant species for the Department to deem the site successful. Exotic removal shall be conducted throughout the 5-year monitoring and maintenance period. ~ c.) Irrigation of the mitigation site(s) may only be used to help the plants become established during the first two years following planting. Watering/irrigation of the site(s) shall be discontinued at least two years prior to completion of the monitoring period for the site(s) to be deemed successful by the Department. 9. Ar~,.annual report shall be submitted to the Department each year for a minimum of 5 years~ a~fter,:planting and ~until the Department deems the mitigation site(s) successful This report shall'inclUde (a) a description of the restoration activities done the previous year (including revegetation and exotic species removal) and when they were conducted; (b) the survival, pement cover, and height of both tree and shrub species planted; the number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included; (c) The report shall also include information regarding exotic vegetation removal including the amount removed, the amount removed and treated, frequency and timing of removal and treatment, disposal specifics, and a summary of the general success and failures or failure of the exotic removal plan. The report shall also include wildlife observed at the site during monitoring surveys including sensitive species and/or listed species. Photos from designated photo stations shall be included. 10. The mitigation site, as defined in Conditions 3 and 4 of this Agreement shall be preserved in perpetuity through dedication according to the AD 161 SHCP Implementing Agreement. 11. A secudty (e.g. an irrevocable letter of credit, pledge savings account, performance bond, or CD) for the amount of all mitigation measures shall be submitted to the Department within · 90 days of signing this Agreement and pdor to commencing project activities. This amount shall be based on a cost estimate which shill be submitted t° the Department for approval within 60 days of signing this Agreement. The security shall be approved by the Department's legal advisors prior to its execution. The legal advisors can be contacted at (916) 654-3821. Preiect Construction 12. In those project areas where nesting birds may occur, the Operator either shall not re-move potential nesting dpadan vegetation from March 15 through July 30, or shall survey all potential nesting dparian vegetation within the project site for active bird nests. If an active bird nest is located the nest site shall be flagged or staked a minimum of 5 yards in all directions, and this flagged zone shall not be disturbed until the nest becomes inactive, unless otherwise directed by the Department (ref.: Fish and Game Codes 3503, 3503.5). Page 3 of 8 STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21,2003 13. The removal or disturbance of soil, vegetation and vegetative debris from the streambed or bank shall not exceed the limits approved by the Department, or as described in the submitted _application. 14. Areas of disturbed soils with slopes toward a stream shall be stabilized to reduce erosion potential. Where possible, stabilization shall include the revegetati°n of stripped or exposed areas with vegetation native to the area. Planting, seeding and mulching is conditionally acceptable. Where suitable vegetation cannot reasonably be expected to become established, non-erodible materials may be used for such stabilization. 15. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake or in wetted areas, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed, except as otherwise provided for in the agreement and as necessary to complete authorized work. 16. If a stream channel has been altered during project operations, its loTM flow channel shall be returned as neady as possible to pro-project conditions without creating a possible future streambed or bank erosion problem, or a fiat wide channel or sluice-like aroa. The disturbed portions of any stream channel within the high water mark .of the stream shall be restored to as near original condition as possible, except as otherwise indicated in the submitted application or as directed by the Department. 17; Fill length, width, and height dimensions shall not exceed those of the original installation or the original naturally occurring topography, contour, and elevation; fill shall be limited to the minimal amount necessary to accomplish the agreed activities; fill construction materials other than on~site alluvium, shall consist of clean uncontaminated soil, silt-free gravel, and/or river rock; except as described in the submitted application or as otherwise specified in this agreement. 18. Vegetation removed from the site shall not be stockpiled in the streambed/creek or on its bank. The sites selected on which to push this material out of the stream should be selected in compliance with the other provisions of this agreement. Where possible, suitable brush piles may be left to provide wildlife habitat. 19. This agreement does not authorize the/~onstruction of any temporary or permanent dam, structure, flow restriction or fill, except as described in the Operator's notification. Any temporary dam, artificial obstruction, or other flow diversion shall be constructed from materials, such as clean gravel or sandbags, Which w!ll cause little or no siltation. If necessary, flow diversions shall be done in a manne{that shall prevent pollution, minimize siltation and which shall provide flows to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have supported aquatic life. Said flows shall be of sufficient quality and quantity to support existing aquatic life both above and below the diversion. Normal flows shall be restored to the stream immediately upon completion of work at that location. 20. Precautions to minimize turbidity/siltation shall be taken into account during project planning and implementation. This may require that the work site be isolated and/or the Page 4 of 8 STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21,2003 construction of silt catchment basins, so that silt, or other deleterious materials are not allowed to pass to downstream reaches. The placement of any structure or materials in the stream for this purpose, not included in the original project description, shall be coordinated with the Department. Coordination shall include the negotiation of additional agreement provisions. 21. Upon Department determination that turbidity/siltation levels resulting from project related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation, shall be halted until effective Department approved control devices are installed, or abatement procedures are initiated. 22. Spoil sites shall not be located within a stream/lake, where spoil can be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. The Operator may remove all human generated debris, such as lawn and farm cuttings, garbage and trash. 23. Structures and associated materials, including debris, not designed to withstand high seasonal flows shall be removed to areas above the' high water mark before such flows occur. 24. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 25. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 26. The clean-up of all pollution spills shall begin immediately. The Operator shall notify the Department immediately of any spills and shall consult with the Department regarding clean- up procedures and requirements. 27. All debris, bark, slash, sawdust, rubbish, silt, cement or concrete or washings thereof, asphalt, paint or other coating, material, oil or other petroleum products, or any other substances resulting from project related activities which could be hazardous to aquatic life or waters of the state, shall be prevented from contaminating the soil and/or entering the waters of the state. None of these materials shall be allowed to enter into or be placed within or where they may enter or be washed by rain~ll or runoff into waters of the state. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150.feet of the high water mark of any stream or lake. 28. All provisions of this agreement remain in force throughout the term of the agreement. Any provisions of the agreement may be amended or the agreement may bs terminated at any time provided such amendment and/or termination is agreed to in writing by both parties. Mutually approved amendments become part of the original agreement and are subject to all previously negotiated provisions. Page 5 of 8 STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21, 2003 29. If the Operator or any of the individuals mentioned above violate any of the terms or conditions of this agreement, all work shall terminate immediately and shall not proceed until the Department has taken all of its legal actions. 30. The Department reserves the dght to enter the project site at any time t~;ensure complianoe with terms/conditions of this agreement. 31. The Operator shall provide a copy of this agreement to all contractors, subcontractors, and the Operaf~or's project supervisors. Copies of the agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 32. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 210, Attn: Streambed Team. Please reference SAA # 6-2001-205. Extension of A,qreement 33. The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 6 Office at the above address. If the Operator fails to request the extension prior to the agreement's termination then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et. seq. Suspension of Permit 34. The Department reserves the dght to suspend or cancel this Agreement, after giving notice to the Operator, if the Department determines that the Operator has breached any of the terms or conditions of this Agreement, or for other reasons, including but not limited to the following: ~. a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that ~was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. Page 6 of 8 STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205 January 21, 2003 Concurrence (6-200'1-205) In WITNESS WHEREOF, the parties below have executed this Lake or Streambed Alteration Agreement Number 6-2001-205 as indicated below: Date Richard Ashby Butterfield Development Co. Date Prepared by: Scoff Dawson Staff Environmental Specialist Department of Fish and Game Date Curt Taucher Region 6 Manager Department of Fish and Game Page 7 of 8 EXHIBIT C-2 Obligations Accepted by City Except as follows, Exhibit C-2 is intentionally left blank: The City of Temecula, expressly and without exception, accepts no duty, liability, performance obligation or obligation to expend any monies for obligations arising from, directly or indirectly, under the 401 Permit, the 404 Permit, the 1603 Permit and the Assessment District 161 Multi Species Habitat Conservation Plan ("Plan"). 11086-0097~729614 05/08/2003 C-2-1 EXHIBIT C-3 11086-0097X729614 05/07/2003 C-3-1 ATTACHMENT NO. 2 RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX R:/Resos 2003/Resos 03-42 4 RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX I Task Include Prior to Prior to on the Recordation Issuance of Deed of the Deed Grading Permit for the Roripaugh Ranch Specific Plan project JCity shall grant Ashby reservations for the purpose of X ~improvements shown on the deed over the necessary portions ~of the property for grading, construction, and maintenance /purposes. ~Ashby shall obtain approval of California Fish and Game X [Department, US Fish and Wildlife Service, Army Corp of ~Engineers, and San Diego Water Quality Board, as required by ~these agencies, prior to the transfer of the 201-acre habitat Jproperty to the City. I Ashby shall submit to the City a Final Biologist Monitoring X /Report approved by the US Fish and Wildlife Service, prepared /and certified by a biologist to: / 1. Ensure that toxic species remain at baseline, { 2. Ensure that the property has not been degraded by off- ] road vehicles, ~ 3. Ensure that no illegal dumping has taken place. ~lf the biologist determines these conditions exist, Ashby is ~3bligated to take corrective actions prior to the recordation of Ithe deed. IAshby shall provide an update to the SID Geotechnical X I Environmental Compliance Report dated February 25, 2002 I prepared by qualified engineer to ensure that the conditions I described in the said SID report are still current. I Ashby shall pay CNLM a total of $439,298.00 that includes X 153,200 for funding the interim management of the property and Changed by [$436,098.00 for funding the long-term maintenance of the CC May 13, J property. 2003 I Ashby shall provide the City assurance that a $99,600 bond X Ihas been secured with CNLM to ensure the construction of the I Interim Fence and the Temporary Fence. CNLM will release Ithe bond when Ashby constructs the permanent fencing per Ithe requirements of the Specific Plan. ICity to record the conservation deed restriction to preserve the X larea as habitat open space pursuant to AD 161 Agreement I immediately after the recordation of the deed. IAshby is responsible for installation and maintenance of X I minimum 4' high Interim Fence ("snow fence") for the purpose Iof controlling access and preserving the habitat areas prior to L.and during the grading process. Ashby shall perform all nditions re uired in re ards to the fencin . ______ R:/Resos 2003/Resos 03-42 5 Task Include Prior to Prior to I on the Recordation Issuance of Deed of the Deed Grading Permit for the Roripaugh Ranch Specific Plan project Ashby shall notify the Service 10 days prior to habitat X disturbance. Ashby shall submit to the City a copy of the Habitat X Management Plan approved by the US Fish and Wildlife Service. Ashby is responsible to install and maintain a 6' high temporary N/A N/A N/A chain link fence within 10 days from the establishment of the final grades in accordance with the rough grading plans along the boundary of the property. Ashby shall remove this fencing only when Ashby installs the permanent fencing. The City shall provide a copy of the deed restriction to the N/A N/A N/A Service within 30 days of recordation. Ashby shall prepare and obtain approval of the City of N/A N/A N/A Temecula Fire Department and all resource agencies including the Fish and Wildlife Service for a Fire Management Plan and submit it to the City within 60 days after the initiation of the ground disturbance unless waived by the City's Fire Marshall.  efShby is required to comply with Mitigation Monitoring Program N/A N/A N/A the FEIR for the Roripaugh Ranch Specific Plan including all lated permits. llshby is responsible for constr, ucting, maintaining, and N/A N/A N/A onitoring the wetlands within City s property until such time he resource agencies have accepted the mitigation area as mplete. shby shall be responsible for providing fundi.n,g for the N/A N/A N/A aintenance of Santa Gertrudis Creek within Citys property ntil the responsibility is transferred to the Roripaugh Ranch's aster Home Owner's Association. shby shall perform its grading and construction operations in N/A N/A N/A ccordance with the provisions of the AD 161, and the 401, 04, and 1603 permits. shby is responsible to pay for the maintenance of all fuel N/A N/A N/A odification zones within the City's property until such time hat another entity, approved by the City, initiates their ayments for this maintenance. R:/Resos 2003/Resos 03-42 6 EXHIBIT D Form Of Grant Deed RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF TEMECULA 43200 Business Park Drive, P.O. Box 9033 Temecula, California 92589-9033 Attention: City Clerk [SPACE ABOVE FOR RECORDER'S USE ONLY] GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledge , a ("Grantor") hereby grants to CITY OF TEMECULA, a public body, corporate and politic, certain real property located in the City of Temecula, County of Riverside, State of California, more particularly described on "Exhibit A" attached hereto and incorporated herein by reference. SUBJECT TO: A. General and special real property taxes and assessments and supplemental assessments for the current fiscal year; and B. All matters of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: a By: Nam. e: Title: 11086-0097~729614 05/07/2003 D-1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On the __ day of ~ 2003, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactopy evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instntment. WITNESS my hand and official seal. Notary Public SEAL: 11086-0097~729614 05/07/2003 D-2 EXHIBIT A To Form of Grant Deed 11086-0097~729614 05/07/2003 D-1 EXHIBIT E Bill of Sale For good and valuable consideration, the receipt of which is hereby acknowledged, , a ("Grantor"), does hereby sell, transfer and convey to ("City"), without recourse or warranty, any and all personal property (the "Personal Property") owned by Grantor and used exclusively in connection with the operation of that certain real property commonly known ., Temecula, California, and more particularly described in Exhibit A attached hereto (the "Property"). this IN WITNESS WHEREOF, Grantor and City have executed this Bill of Sale as of day of ,2003. GRANTOR: By: Name: Title: CITY: By: Name: Title: 11086-0097~729614 05/07/2003 E-1 EXHIBIT F Right Of Entry And Access Agreement THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of ,2003, by ASHBY USA, LLC, a California Limited Liability Company (herein called "Grantor"), and CITY OF TEMECULA, a general law City and a public body, corporate and politic (herein called "City"). WITNESSETH: WHEREAS, Grantor is the owner of the real property more particularly described on Exhibit A, attached hereto and incorporated herein by reference (herein called the "Property"); WHEREAS, concurrently with the execution of this Agreement, Grantor and City contemplate entering into a Purchase and Sale Agreement and Escrow Instructions related to the Property (the "Purchase Agreement"); WHEREAS, City has requested the right of entry upon and access to the Property for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition by City of the Property; WHEREAS, Grantor has agreed to grant to City, and City has agreed to accept from Grantor, a non-exclusive, revocable license to enter upon the Property to perform the Due Diligence Activities in accordance with the terms and provisions of this Agreement; WHEREAS, Grantor and City desire to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Due Diligence Activities and City's entry upon the Property. NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and City do hereby covenant and agree as follows: 1. Access by City. Prior to Entry City shall Demonstrate Insurance Coverage.. A. Subject to City's compliance with the terms and provisions of this Agreement, until the earlier to occur of(i) ., 2003; or (ii) the earlier termination of this Agreement, City and City's agents, employees, contractors, representatives and other designees (herein collectively called "City's Designees") shall have the right to enter upon the Property for the purpose of conducting the Due Dihgence Activities. B. City expressly agrees as follows: (i) any activities by or on behalf of City, including, without limitation, the entry by City or City's Designees onto the Property in connection with the Due Diligence Activities shall not damage the Property in any manner whatsoever or disturb or interfere with the rights or possession of any tenant on the Property, (ii) 11086-0097~729614 05/07/2003 F-1 in the event the Property is altered or disturbed in any manner in connection with the Due Diligence Activities, City shall immediately return the Property to the condition existing prior to the Due Diligence Activities, and (iii) City, to the extent allowed by law, shall indemnify, defend and hold Grantor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Grantor as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by City or City's Designees onto the Property. Notwithstanding any provision of this Agreement to the contrary, City shall not have the right to undertake any invasive activities or tests upon the Property, or any environmental testing on the Property beyond the scope of a standard "Phase I" investigation, without the prior written consent of Grantor of a workplan for such "Phase H" or invasive testing. If Grautor does not respond or reject any workplan within five (5) days of City's delivery of the written workplan proposal to Grantor pursuant to the notice provisions of this Agreement, then Grantor shall be deemed to have approved the submitted workplan and City may proceed with such testing. If Grantor rejects such proposed workplan in whole or in part, then this Agreement shall become null and void at the sole option of City, which option must be exercised by City's giving Grantor written notice on or before ,2003 (being the same date as the end of the Due Diligence Period under the Purchase Agreement). If City terminates this Agreement under the foregoing provision, then neither party shall have any further rights, duties and obligations hereunder, except City shall be entitled to a refund of the Deposit under the Purchase Agreement. 2. Lien Waivers. Upon receipt of a written request from Grantor, City will provide Grantor with lien waivers following completion of the Due Diligence Activities fi.om each and every contractor, materialman, engineer, architect and surveyor who might have lien rights, in form and substance reasonably satisfactory to Grantor and its counsel. To the extent permitted by applicable law, City hereby indemnifies Grantor fi:om and against any claims or demands for payment, or any liens or lien claims made against Grantor or the Property as a result of the Due Diligence Activities. 3. Successors. To the extent any rights or obligations under this Agreement remain in effect, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 4. Limitations. Grantor does not hereby convey to City any right, title or interest in or to the Property, but merely grants the specific rights and privileges hereinabove set forth. 5. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be delivered by hand, be sent by registered or certified mail, postage prepaid, return receipt requested, or shall be sent by nationally recognized commercial courier for next business day delivery, to the addresses set forth below the respective executions of the parties hereof, or to such other addresses as are specified by written notice given in accordance herewith, or shall be transmitted by facsimile to the number for each party set forth below their respective executions hereof, or to such other numbers as are specified by written notice given in accordance herewith. All notices, demands, 11086-0097~729614 05/07/2003 F-2 or requests delivered by hand shall be deemed given upon the date so delivered; those given by mailing as hereinabove provided shall be deemed given on the date of deposit in the United States Mail; those given by commercial courier as hereinabove provided shall be deemed given on the date of deposit with the commercial courier; and those given by facsimile shall be deemed given on the date of facsimile transmittal. Nonetheless, the time period, if any, in which a response to any notice, demand, or request must be given shall commence to mn fxom the date of receipt of the notice, demand, or request by the addressee thereof. Any notice, demand, or request not received because of changed address or facsimile number of which no notice was given as hereinabove provided or because of refusal to accept delivery shall be deemed received by the party to whom addressed on the date of hand delivery, on the date of facsimile transmittal, on the first calendar day after deposit with commercial courier, or on the third calendar day following deposit in the United States Mail, as the case may be. 6. Assignment. This Agreement may be assigned by City, in whole or in part. 7. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 8. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 9. No Recording of Agreement or Memorandum of Agreement. In no event shall this Agreement or any memorandum hereof be recorded in the Official Records of Los Angeles County, Califomia, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation. IN WITNESS WHEREOF, Grantor and City have caused this Agreement to be executed and sealed, all the day and year first written above. GRANTOR: a By Name~ Title: Date Executed: Address for notices: Telephone No.: (__) __ Facsimile No.: (__) __ With acopyto: Telephone No.: Facsimile No.: CITY: CITY OF TEMECULA 11086-0097~729614 05/07/2003 F-3 1 A general law City and a public body, corporate and politic By: Nalne~ Title: Date Executed: Address for notices: With a copy to: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Telephone No.: (909) Facsimile No.: (909) Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Atm.: Peter M. Thorson, Esq. Telephone No.: (213) 626-8484 Facsimile No: (213) 626-0078 11086-0097X729614 05/07/2003 F-4 EXHIBIT A To Right of Entry and Access Agreement Legal Description of Property 11086-0097~729614 05/07/2003 F-5 RECEIVED: 5/ 7/03 10:15AM; ->CITY OF TEMECULA; #595; PAGE 3 05/0712003 10:51 9098981603 FIESTA PAGE 03/i6 EXHIBIT "A" DEDICATION OF HABITAT AD-161-SHCP That portion of the North one-half of the North one-half of Section 20, Township 7 South, Range 2 West, San Bemardino Meridian, in the City of Temecula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described a~ follows: Commencing at the Northeast comer of said Section; thence along thc north linc of said Section North 88037'05'' West, 267.00 feet to the westerly line of the land described in a Deed to the Metropolitan Water Distr/ct of Southern California recorded January 2, 1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county and the TRUE POI1NT OF BEGINNING; thence along said the westerly line South 20013'05" West, 523.01 feet thence leaving said westerly line, North 72°43'38" West, 14.42 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 1655.00 feet; thence northwesterly 83.95 feet along said curve through a central angle of 02°54'23" thence North 75°38'01'' West, 1274.67 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 1545.00 feet; thence Northwesterly 312.72 feet along said curve through a central angle of 11°35'49"; thence North 64*02' 12" West, 200.00 feet to the north linc of said Section; thence along said north line, South 88*37'05" East, 1983.53 feet the TRUE POINT OF BEGINNING. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the Propfrty rexluired to perform fuel modification and brash clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSo RESERVING, for a period often (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. ALSO RESERVINO the right to reseed and maintain the Property in accordance with the AD-16 I-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of hverside on August 2, 1998. ALSO RESERVING thc right to access thc Property for any of the above described purposes. P:~A~ASHB0005\Legal De~scri ption s~lotaa, d o c RECEIVED: 5/ 7/03 10:15AM; ->CITY OF TEMECULA; #595; PAGE 4 05/07/2003 10:5i 9898981693 FIESTA PAGE 04/16 The above-described parcel of land contains approximately 12.45 acres. That certain real property set forth at Exhibit "A" of this C-rant Deed shall be refen~l to herein as the "Scrvient Tenement". Each of the easements reserved to Grantor. above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall be binding upon and mn with the Dominant Tenement and the Servient Tenement, Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the $ervient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND A.SSOCIATF~, INC, Cliffo~ ~. Simental, PLS L.S. No.5022 E pit .:. 2-31-05 P:~A~ASYqB 000.~Lega{ DescriptionsUotaa.doc RECEIVED: 5/ 7/03 10:16AM; ->CITY OF TEMECULA; #595; PAGE 5 05/07/2003 10:51 9098981693 FIESTA PAGE 85/16 N PROPOSED SLOPE AND DRAINA6E FAC/LIT,IES S88, $7' 05~'E 19B3.53' T.P. OoRo N88*37'O5~'W 267,00' PROPOSEO fO0' FUEL I~OD/F/CAT/UN ZONE MURRIETA HOT SPRINGS / ~=.: VICINITY MAP rT'/~EASEMENT AREA DESCRIBED HEREIN £ASEMENT AREA = t2.45 ACRES EXHIBIT "B" DAVID EVANS N,ID ASSOCIATES, R=1655,00' SEE OETA I I ./ P,O.C. NE CORNER SECTION ZO ' 8EDTJDN ' 2J J E4S£/~NT TO ~ PER /NSF NO. 20~89 REC $/?/60 EASEi~EN~ TO RC~ PER INST. NO. 01-$00194 R£C 6/Z,9/Ot ~ I I I AD-161-SHCP COUNTY OF RIVERSIDE 05/07/2003 10:51 g09898iGg3 FIESTA PAGE OG/1G EXHIBIT "A" DEDICATION OF HABITAT AD461-SHCP That portion of Sections 20, Township 7 South. Range 2 West, San BemardJno Meridian, in the City of Temecula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described as follows: Beginning at the Northeast corner of said Section 20; thence along the east line of said Section 20, South 0°34'31" West 587.79 feet; thence South 55026'06'' West, 37.04 feet to a point on curve, concave northerly and having a radius of 2945.00 feet, a radial line of said curve to said point bears South 14°33'53" West; thence Westerly 139.19 feet along said curve through a central angle of 2042'29''; thence North 72043'38" West, 220.43 feet to the easterly line of the land described in a Deed to the Metropolitan Water District of Southern California recorded January 2, 1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county; thence along said easterly line North 20013'05" East, 543.28 feet to the north linc of said Section 20; thence along said north line, South 88°37'05'' East, 193.04 feet to the Poi.at of Beginning. RESERVING an easernent for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. AL~O RESERVING an easement for fuel rnodification purposes over any portion of thc property required to perform fuel modification and brash clearance in accordance with applicable governnrnent requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, imgation, grading, rnonitoring and rnaintenance, ovcwr any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. ALSO RESERVING the right to re-seed and maintain the Property in accordance with the 161-SCttP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of rivarside on August 2, 1998. ALSO RESERVING thc right to access the Property for any of the above described purposes. P:XA~A. SHBOOOSXLegal De~fiptlons'dotbbSEC20.doc 05/07/2003 10:51 9098981693 FIESTA PAGE 07/16 THIS DEDICATION IS SUBJECT TO that ccrtain 50.00 foot wide easement to the Metropolitan Water District of Southern California recorded March 7, 1960 as Instrument No. 20189 of the official records of the County Recorder of Riverside County. THIS DEDICATION IS SUBJECT TO that ce~ain 40.00 foot wide easement to Rancho California Water Dislrict recorded June 29, 2001 as Instrument No. 01-300190 of the official records of the County Recorder of Riverside County. The above-described parcel of land contains approximately 3.80 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as the "Servient Tenement". Each of the easement5 reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B' of this Orant Deed (the "Dominant Tenement"), and shall be binding upon and tun with the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, INC. Cffffo~l ~. Simental, PIS Date L.S. No.5022 Expires: 12-31-05 p:~A'~A S FIB 0005'J..~gal Des~riptions',lotbbSEC20.doc BS/B7/20B3 lB:SI 9098981693 FIESTA PAGE 88/16 N ~] VERSIDE O] T¥ OF P.D.B. NE COR SEC 20 R=2945.00' L=139. 19' 220.45 ' 1~,~. 04' .,=7.04' 40' EASEMENT TO RC~/D I?ER INST. NO. Of-$OOf94 REC 6/29/01 pROPOSED 100' FUEL MODIFICATION ZONE =ROPOSED SLOPE AND DRAINAGE FACILITIES EASEMENT t E4SEMENT PER~ t ! INST NO 20189 J ~zc EASEMENT rD RCED PER INST, NO. 01-300194 REC rE~'A NOT SPRINGS ~"'~'~EASEMENT AREA DESCRIBED HEREIN EASEMENT ~REA = $.80 ACRE5 EXHIBIT "B" DAVID EVANS AND ASSOCIATES, VICINITY MAP DEDICATION OF ,H_ABITAT AD 161-SHCP CITY OF COUNTY OF RNERSIDE STATE OF CALI~ORN~ FIESTA 05/07/2003 10:5i 90989816~3 PAGE 09/16 EXHIBIT "A" DEDICATION O1: HABITAT AD-161-SHCP That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in the County of Riverside, State of California, according to the Official Plat of said Land fried in the District Land Office, described as follows: Beginning at the Northwest corner of said Section 21; thence along the north line of said Section 21, North 88029'37" East, 814.77 feet to the beginning of a non-taagem curve concave westerly and baying a radius of 1.945.00 feet. a radial line of said curve bears North 64004'40'' East thence Southerly 707.82 feet along said curve through a central angle of 20~51'03'; thence South 41016'45" West, 50.65 feet; thence South 87°37'47'' West, 143.29 feet to the beginning of a tangent curve, concave northerly and having a radius of 2945.00 feet: thence Westerly 173.17 feet along said curve through a central angle of 3°22'09"; thence North 0o33'47'' East, 574.36 feet; thence South 88°34'20'' West, 660.15 feet to the west line of said Section 21; thence along said west line North 0°34'31" East, 145.09 feet to the Point of Beginning. RF~ERVING an casement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adj aceut property. ALSO RESERVING an easement for fuel modification purposes over any portion of the Property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALS O RESERVING, for a period of ten (10) years, aa easement for wetland or habitat mitigation purposes, including constrncti.on, irrigation, grading, monitoring and maintenance, over may portiorl of the Property approved for such purposes by any govermnent entily, said area to be delineated upon issuance of said government approval. p:Ea,~ASHB 0005'~.Le g al Descriptions\lotbbSEC21 .doc RECEIVED: 5/ 7/03 10:17AM; ->CITY OF TEMECULA; #5@5; PAGE 10 05/07/2003 10:51 9098981693 FIESTA PAGE 10/16 ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD- 161-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of riverside on August 2, 1998. ALSO RESERVING the right to access the Property for any of the above described purposes. THIS DEDICATION IS SUBIECT TO that certain 40.00 foot wide easement to Rancho California Water District recorded January 24, 2002 as Instrument No. 02-042151 of the official records of the County Recorder of Riverside County. The above-described parcel of land contains approximately 6.80 acres. That certain real property set forth at Exhibit "A" of this Orant Deed shall be referred to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this G-rant Deed (the "Dominant Tenement"), and shall be binding upon and mn w.itb the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantoh above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAV EVANS AND ASSOCIATES, I~C. Cliffo~ X. siraental, I>13 Date L.S. No.5022 Expires: 12-31-05 P:~A'iASHB0005'O.,egal DescfiptionsgotbbSEC21 .doc m 85/87/2663 10:51 9098981693 FIESTA PAGE 11/16 (~ S87'$7'47"1Y 143.29' (~ ~=$°22'09" R--2945.00' L=175.17' bOUNTY OF' C, ITY OF' P.O.B. SEC 2 t 40' EASEMENT TO RCFD PER INST. NO. 02-042151 -- REC 1/24/2002 /NS5 77' 660.15' 588'$4'20'W [PROPOSEO 100' MoDIFICATION PROPOSED SLOPE AND DRAINAGE FACILITIES EASEMENT £ASEIIEN~' PER INST NO 201E9 REC, 3/7/60 I ~'~'40' £A$£MENI' TO RC~ PER INST. NO. 01-3000194 REC 6/29/01 SEDTJ D]¥ 20 SPR N64 "04 ~_4.._0_~E___ PROPOSED SL OPE ORA INA GE TIES EASEMENT 'o4 100' FUEL MODIFICATION ZONE S41 ° 16 '45#W 50.65 ' S~ED T/O]\J 2 J ~u~l~',~ ~HOT SPRINGS ~EASEMENT AREA DESCRIBED HEREIN £ASEUENT AReA - 6.80 ACRES m~,l EXHIBIT "B" ~...~AND ASSOCIATES, J~ VICINITY MAP DEDICATION OF HABITAT AD-161-SHCP COUNTY OF RiVERS~E STATE OF CALIF__' .,.--, 85/87/2883 10:51 9898981693 FIESTA PAGE 12/16 DEDICATION OF HABITAT AD-161-SHCP That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in the County of Riverside, State of California, according to the Official Plat of saicl Land filed in the District l_z~d Office, described as follows: Commenting at the Northwest corner of said Section 21; thence along the north line of said Section 2 I, North 88029'37" East, 958.80 feet to the TRUE POINT OF BEGINNING; thence continuing North 88029'37'' East, 4337.60 feet to the northeast comer of said Section 21; thence along the east line of said Section, South 0°59, 15" West, 1959.71 feet; thence North 89°26'30" West, 331.31 feet; thence Sooth 60°42'39" West, 96.06 feet; thence North 89°10'21" West, 92.70 feet; thence North 5040'54" West, 142.81 feet; thence North 37018'47" East, 85.50 feet; thence North 25°31' 18" East, 112.71 feet; thence North 8° 11 54" East, 112.76 feet; thence North 0°50'32" West, 262.15 feet; thence North 22°54'31" West, 192.56 feet; thence North 40°55'28" West, 372.57 feet; thence North 24° 16'06" West, 163.27 feet; thence North 80°11'52" West, 146.69 feet; thence South 59°53'21" West, 91.23 feet; thence South 31008'49'' West, 146.57 feet; thence South 03°09, 12" West, 69.52 feet; thence South 27°42'32" East, 157.42 feet; thence South 49° 18'18" East, 61.50 feet; thence North 68029, 19" East, 150.04 feet; thence South 41058'23" East, 153.10 feet; thence South 30°10'17" West, 129.03 feet; thence South 46° 17' 16" East, 70.83 feet; thence South 10°59'54" East, 41.74 feet; 'thence South 71°33'56'' West, 183.58 feet; thence South 55°57'01" West, 292.00 feet; thence South 45o27'34" West, 97.37 feet; thence South 40°50'06" West, 160.77 feet; thence South 51°06'09'' West, 146.91 feet; thence South 61°56'22" West, 264.03 feet; P:XA",AS HB 0005~Legal De.~riptions~l otcc.d o c 05/07/2003 10:51 9050901693 FIESTA PAGE 13/i6 thence North 83°50'16'' West, 159.06 feet; thence North 90000'00" West, 283.29 feet; thence South 81°26'09'' West, 356.89 feet; thence South 72°09'30'' West, 161.36 feet; thence South 57°40'46" West, 87.87 feet; thence South 83'31'23" West, 386.16 feet; thence North 84o12'29" West, 129.22 feet; thence South 84027'26" West, 193.91 feet; thence South 63°56'06'' West, 113.99 feet; thence South 89041'59" West, 162.15 feet; thence South 74°40'27" West, 84.91 feet; thence South 47°54'01" West, 206.41 feet; thence South 81'36' 13" West, 465.73 feet; thence South 71°51'23" West, 60.57 feet; thence North 64009'59" West, 11.6.35 feet; thence North 38015' 19" East, 77.68 feet to the beginning of a tangent curve, concave westerly and having a radius of 1677.00 feet; thence Northerly 1102.66 feet along said curve through a central angle of 37040' 23"; thence tangent to said curve, North 00034'56" East, 350.12 feet to the beginning of a tangent curve, concave westerly and having a radius of 2077.00 feet; thence Northerly 901.25 feet along said curve through a central angle of 24°51'42" to tee TRUE POINT OF BEGINNING. RESERVING an casement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an ea~sement for fuel modification purposes over any portion of the property required to perform fuel modification and brash clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for construction, maintenance and traversal of a Fire Road over that portion of the Property designated by said purposes by any governmental agency with responsibility for the provision of fire service, said area to be delineated upon issuance of said governmental approval. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government ent/ty, said area to be delineated upon issuance of said government approval. P:~A~ASHB0005~Legal Dcscriptions~lotcc.doc 85/87/2883 I0:51 9098981693 FIESTA PAGE 14/16 ALSO RESERVING an easement for grading, realignment and construction of Santa Gertmdis Channel in accordance with approved governmental plans, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING for a period of four (4) years, a temporary easement for rehabilitation and restoration of the airfield over the area shown on the map attached as Exhibit B. ALSO RESERVING the right to access the Property for any of the above described purposes. The above-described parcel of land contains approximately 179.55 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain rea/property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall be binding upon and run with the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the. reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as descr/bed by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, INC. Cliffo~t ~. Simental, PLS Date L.S. No.5022 Expires: 12-31-05 P:~AkASHB000$kLcgal Dcscriptions~lotcc.doc 05/0712003 i0:5i 90900@1093 FIESTA PAGE 15/16 ~ P.O.C. T.P.O. 8, ~ / N88o29'$?#£ 4337.60' H~Se~S ~N83'50~16~ 159,06~ ~ S89,4~59.W 162,15t r~ ~ . ~SSl*26'Og'~ 356. S9' ~ S4r'S4'O~"~ ~os.4t' ~ ~u~ ' ~S57'~0 4~ · B7.87' ~ S~t'51'~3"~ 60.57' ~ClN~ MAP J ~ N0'34'5~ "~ ~50. 12' ~ ~4'5t'42~ R~077.00' L~Ot.25 ~ E~EMENT ~EA ~ESCRIBED HEREIN E~EM~NT ~EA 179.55 ACR~S EXHIBIT "B" ~ DEDICATION OF H~ITAT ~o~1 ~-161-SHCP DAVID EVeS ~D ~SOCIATES, ~ ~Y ~ mv~ 05/07/2003 10:5i 9098981693 FIESTA PAGE 16/16 SEC .21 / ~,~ N88'29'37#1~ 4337, 60' ~ / ~N89'Z6'3O'W 33f,~f' ~NSO'f1'SZ'F 146.69 ~571'3~'5~'F 183.58' ~S60'42'39'W 96.06' ~559'sJ'z~'w 91.23' ~NOS'4O'54*W ~42.81' ~503'09'IZ~W 6~.52' ~540'50'06~F f60.77' ~N25'31'~0% ~f2.71' ~S49'fO'fO'E 61.50' ~S6f'm6'z2'w 264.03' ~NOE'I1'54*E 1t2,76' ~N68'29'l~E 150,04' ~N83'50'16'~ 159.06' ~NOO,50'3Z~ Z6Z, fS' ~S41'58'23'E 153.10' ~N90'O0'O0~ 283.29' ~NZZ'54'~I~W IEZ, 56' ~$30'10'17'F 1Z9.03' ~$al'26'og*F 356.89' ~N40*55'28~F 372.57' ~$46*17'f6=E 70.83' ~S72,09'30~ 161.36' ~ EASEMENT ~EA ~ESCRIBED HEREIN E~E~ENT ~[A ~79.S5 AC~ES ~0005 -161-SHCP DAVID EVeS ~ ~D ~SOCIATES, ~ EXHIBIT G Certain Definitions Environmental Laws means all federal, state, local, or municipal laws, roles, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS 3~3~ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS 3~3~ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS 3~3~ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS ~ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS ~ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS 3~3~ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS 6901 et seq.]; the Clean Air Act [42 USCS 3~3~ 7401 et seq.]; the Safe Drinking Water Act [42 USCS 3~.~ 30Of et seq.]; the Solid Waste Disposal Act [42 USCS 3~3~ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS 3~.~ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS $$11001 etseq.]; the Ocenpational Safety and Health Act [29 USCS.~ 655 and 657]; the California Underground Storage of Hazardous Substances Act IH & S C 3~3~ 25280 et seq.]; the California Hazardous Substances Account Act IH & S C 25300 et seq.]; the Califomia Hazardous Waste Control Act IH & S C 3~3~ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act IH & S C 3~3~ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C 3~.~ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. Hazardous Substances includes without limitation: 1) Those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; 2) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302J; 3) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and 11086-0097~729614 05/07/2003 G-1 4) Any material, waste, or substance that is (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, (v) a flammable explosive, or (vi) a radioactive material. 11086-0097~729614 05/07/2003 G-2 EXHIBIT H List of Environmental Documents 11086-0097~729614 05/07/2003 H-1 05/07/2003 11:25 9098981S93 FIESTA PAGE 02/08 SID EOTECflflICR L, INC. Soil Engineering, Environmental Engineering, Materials Testing, Geology May 7, 2003 Project No. 990057-O1 1'O: Ashby USA, LLC 470 Fp~-I in Stoat Corona, Callfomla ~7g AUention: Mr. Men Tran SUBJECT: Gradient Engjneem, In-'., 1egg, "Phase i Environmental Site Aesee. mz~em Report', Approximate 800-Acm Ro~paugh Ranch, Riverside County. CaMomia, Prc~ No. 993070001, June 30, 1999. $10 GeetoehnicaL Inc., 2002, 'Environmental C~m'~pllance Report', Rc~paugh Ranch, Apflraxim~ely 800 a,~ree, RJvemide County, Cafifomia, Project NO. 990067-O1, dated February 25, 2002, As you are aware, the environmental eond]l~ of ~he subject 800.acre pmeerty was evaluated and mmeo'lated as reDofted fll the ,'~;;=fenr.,ed reports. Pursuant to yOur request, we have re-vi~ted tile propelty to co~nll'n that ~ eflvlmnmerltal cond~one have remained favorable as nataU in our referenced <x~mplJanoe le~r. .Our field rec~nnalssa, tce, cm~ducted May 6, 2003, car~mm hat the site remabe ,n a similar condition as reported and all areas of environmental concern have been mmeoiated aad,~lCl~l'ly. Spe~fically addressed am the Dedication of Habitat amc AD-161-,.~HCP which a~ ~t ~e~ m porn ~ ~~ ~at ~ ~,~n~on or h~ in the~p~nt~nd~. Weh~ ~b~8 ~)~l~ ~n ~ Hab~ a~. 7265 Jurupa Avenue. Suite "E" Riverside, California 92504 Tel: (g0g) 68g-2300 Fax: (99g) 688-t060 ~.~!.d_g~...e~,c..~,..m..,.contact: fnf~s doeo. com RECEZVEO: 5/ 7/03 IO:50AM; ->CITY OF TEMECULA; #§00; PAGE 3 05/07/2003 11:26 909@gS1G$3 FIESTA PAGE 03/88 .*7 We aW thl~ ~ra4nlty t~ be of =m~aed sorvi~ m ~ie project. Should you have que~tons, or requite additional infom~tion, please coflta~t our ~ Attaclm~nt~: Exhibit B (5 sheets) RECEIVED: 5/ 7/03 IO:50AM; ->CZTY OF TEMECULA; #600; PAGE 4 05/07/2003 11:26 ~098981~93 FIESTA PAGE 04/08 (~ 587°57'4Z"W 143.29' R=~945.00' DOLINTy OF ~I TY P.O.8. 40' EA~Et4~NT TO RC#O PER NO, 02-042151 I /Z 4 /ZO0~' f4,??' N$4,04,40~"E PROPOSEO SLOPE 50. $$' I DAVID /VANs R~ ASSOCIATF_~. EXHIBIT IIE~II DEDICATION OF HABITAT ~D-161-$HCP 05/07/2003 11:26 9098981693 FIESTA PAGE 85/08 (~) IVl'2' 43 ' $O "IV (~ Z~.O. 43 ' $?,0~1' TO RC~OIPER fO0~ IrlJEI. aND 85/07/2003 li:26 9098581693 FIESTA PAGE 0G/05 OR41Ha~E F,4CI.' I~'IE$ tOO' SEOTI ON 20 '/ i i ,2.1 DAVID EVANS ~ ~SSOC~ATES, EXHIBIT DEDICATION .OF .HABITAT AD-161~SHCP RECEIVED: 5/ 7/03 10:51AM; ->CITY OF TEMECULA; #600; PAGE 7 85/87/2003 11:26 9898981693 FIESTA PAGE 07/08 I~o04 AREA O~CRIBI~O ,q~EA - 179.55 DAVID EVA~IS AND ASSOCIATES, EXHIBIT DEDICATION OF HABITAT AD-161-SHCP 05/07/2003 ii:26 9098981693 FIESTA PAGE 68/08 DEDICATION I EXHIBIT HABITAT )Awo £v~s "B" AD-161-SHCP , ,,, , ,, BTA~ G~ S°il*Engineering' GeologY' Enuir°nrnent~ Engineering February 25, 2002 TO: Ashby USA, LLC 470 East Harrison Street Corona, California 92879 Project No. 990057-01 ........ A'I-FENTION: '- -Mr. Vien Tran ~ - SUBJECT: Environmental Compliance Report, Acres, Riverside County, California Rodpaugh Ranch, Approximately 80L REFERENCE: Gradient Engineers, Inc. 1999, "Phase I Environmental Site Assessment Report, Approximately 800-Acres, Roripaugh Ranch, Riverside County, California." Project No 99307-001, Report Dated June 30, 1999. in accordance with your authorization, SID Geotechnical, inc. has conducted oversight for environmental compliance of the subject property. Our work was conducted in accordance with the referenced Phase I Environmental Site Assessment performed by Gradient Engineers. Inc. (June 30, 199.0). Our scope of work included review of the referenced report, conducting site v.i~its, take color photographs, and soil analytical testing. A summary of our findings, c~ndusions and recommendations are attached. Should you have any questions or concems regarding this report, please do not hesitate to call this office. We appreciate this opportunity to be of service. Very truly yours, SID Geotechni, I, Ir C Distribution: [41 Attachments: Selected Telephone Correspondence Letter 7265 Jurupa.Avenue, Suite E.~',- RiverSide, CA 92504 · Tel: (909] 6eB-2300 · Fax: (BO9) 68B-1060' Environmental Compliance Report Roripaugh Ranch, Riverside, California 990057-01 February 25, 2002 SLIMMARY OF C)UR RF:VIFW in summary, the Phase I Environmental Site Assessment concluded that the subject'pr(~perty exhibits "evidence of recognized environmental conditions" related to waste oil containers, solvent contairiers, stained soil, above ground storage tanks (AST's), and stockpiles of trash including, but not limited to wood, metals, tires, and rusted 55-gallon drums. In addition to the clean up of these identified environmental conditions, Gradient Engineers, Inc, has made the following recommendations for environmental compliance: The Property owner is to notify the Riverside County DEH prior to clean-up of any TPH impacted soils and properly mitigate the petroleum impacted soils in accordance with the DEH requirements. · The property owner is to notify the San Diego RWQCB prior to the removal of the fuel AST's from the site. · Remove and dispose of the abandoned materials from the site in accordance with appropriate local, state and federal requirements. Each of these recognized environmental conditions are addressed below: The project remediation contractor, Olah Engineering, Inc. of Upland, California reportedly contacted !be RNerside Cour~ty DEH prior to removal of the TPH impacted soil. The DEH indi~t"~J'~at~{~t=~¢b-~tati~e~eed.n0t,be, pi-~"ent during removal of the TPH impacted s~ii. D6cumentati°n of their telephone conversation is attached for review. Similarly, the Riverside County DEH reportedly explained to Olah Engineering, Inc. that the gan Diego R~WQCB need not be ~ntacted n regard to the AST's. Documentation of th s commun cat on s a so attached for rev ew. The abandoned material, including the TPH impacted soil, identified by the Gradient Engineers, Idc. report has been removed from the site and properly disposed, Copies of transportation manifests and recycling or disposal certificates are attached. The diesel AST's, which were reportedly in good condition, were sold to private entities and transported off-site accordingly. SID Geotechnical, Inc. Page 2 Enviionmental ~ompliance R~port Roripaugh Ranch, Riverside, California 990057-01 Februa~ 25,2002 Following removal of the TPH impacted soils (designated as locations SS1 through SS8 - see attached site plans), our office was contacted to conduct confirmatory samples. Locations SS1, SS3, SS4, and SS8 yielded non-detectable concentrations of hydrocarbons at the bottom of the excavations. Additional impacted soil was [emoved from locations SS2, SS5, SS6, and SS7. This work was aided with field screening for hydrocarbons using an organic vapor meter (OVM) to a~sure complete removal of the impacted soil. Confirmatory samples at the bottom of the excavation yielded non- detectable concentrations of hydrocarbons. The analytical test results conducted by a state certified independent laboratory are attached. A final site visit was conducted by our field personnel to confirm that the abandoned materials identified by Gradient Engineers, Inc. have been removed from the site. Photographs of the site confirming the removal of the identified material are attached for review. AI')DITIQNAL RECQMMFNDATION~ Please note that any future site development or construction activities should be monitored by a representative of SlD Geotechnical Inc, or a qualified environmental consultant to identify areas of possible contamination such as, but not limited to, the presence of underground facilities, buried debris, stained soils, waste drums, tanks, or odorous soil. In the unlikely event that such materials are er~countered, further investigation and analysis may be necessary at that time. We appreciate this opportunity to be of service on this project. Should you have any questions, or require additional services, please contact our office. SID Geotechnical, Inc. Page 3 ~nviro - Chern, Inc. 1214 E: Lexington Avenue,' Pomona, CA 9'/766 Tel (90g) 590-5905 Fax (9o9) 59o-59o7 Date: February 11, 2002 Mr. Christopher Krall RGS Engineering / Geology 290 N. Benson Ave., Suite 13 Upland, CA 91786 (909)985-8109 Fax(909)985-8209 Project: Project ~614-01 / Roripaugh Ranch Dear Mr. Krall: The analytical results for the soil samples, received by our laboratory on February 5, 2002, are attached. All sample containers were received chilled, intact, and accompanying chain of custody record. Enviro-Chem appreciates the opportunity to provide you and your company this and other services. Please do not hesitate to call Mr. John Ackerman, our Customer Service Specialist, or myself, if you have any questions. Sincerely, Curtis Desilets Vice President/Program Manager Mina Farag Lab Manager Enviro - Chem, Inc. 12'14 E. Lexington Avenue, Pomona, CA 91766 Tel (909) 590.5905 T,A~ORATOR¥ R~,PORT . CUSTOMER: RGS Engineering / Geology 290 N. Benson Ave., Suite 13 Upland, CA 91786 (909)985-8109 Fax(909)985-8209 PROJECT: Project #614-01 / Roripaugh Ranch Mu~TRIX:SOIL DATE RECEIVED:02/05/02 DATE SAMPLED:D_~ DATE ANALYZED:~ REPORT TO:MR. CHRISTOPHER KRALL DATE REPORTED:92]_ll~ TOTAL PETROLEUM HYDROCARBONS(TPH) - CARBON CHAIN ANALYSIS METHOD: LUFT/EPA 8015M UNIT: MG/KG = MILLIGRAM PER KILOG1L~M = PPM SAMPLE LAB GASOLINE KEROSENE DIESEL OIL DF ID ID (C4-C10) (C8-C16) (C10-C22) (C22-C35) SS1 020205-32 NqD ND ND N-D 1 SS2 020205-33 ND ~D 14400 ND 100 ~3 020205-34 ND ND ND ND 1 SS4 020205-35 ND ND .ND ND '1 ~S5 020205-36 ND ND ND 168 ! SS6 020205-37 73.9 16.7 30.5 ND 1 ~7 020205-38 ND ND ND 2630~ 10 ~S8 020205-39 ND ND ND ND ! ~4ETHODBLA/~K ND ND ND ND 1 PQL 10 10 10 100 COMMENTS DF = DILLVrION FACTOR PQL = PP. ACTIC3J~ QUANTITATION LIMIT AC%~J/LL DETECTION LIMIT = DF X PQL ND = NON-DETECTED OR BELOW THE ACTUAL DETECTION LIMIT CAL-DHS ELAP CERTIFICATE NO.: 1555 . : . EnviroChem, lnc .. :. 121~. E. :LexEngton Avenue, Pomona, CA 0176t~ ...... 'Te1'(~00)590-5905 -Fa~ (900)590-$00~ 8015M Soil OC Date Analyzed: ...... 2/8/2002 Units: m.q/Kq (PPM) Matrix: Soil Matrix Spike (MS)/Matrix Spike Duplicate {MSD) Spiked Sample Lab I.D.: 0206-36 SR spkconc I MS I %MS I MSD 1% MSO 1% RPD IACP °/°MS I ACP RPD :::)IESEL I 0 I 3400 I 3661 I ~06°/oI 3376 I 99% I 8 I 7S-125 I <20°/° LCS STD RECOVERY: )k conc LCS % REC I ACP DIESEL I 2000 I ~97~ I 99% 17S'~2S Analyst Signature: Fimt Reviewer:, ~ / / Final Reviewer: " ..,FEB~22-2E~r2 10:~S ENUIRO-CR~E~, INC. 9~9 ~ ~'il? P.21,~4 Envim- Chem, Inc~ ** · ~2~[4 E. LexJngton Avenue~ Pomona, CA 9'1756 Tel (909) 590.$905 Fax (909,1 590-5907 Dea~ .FLT; Krall: 'The* ana~TCical results for the soil samples, received by our laboratory on February 20, 2002, are attached. All sample containers were received chilled, intact, and accomganying c.hain o~ cus.=od¥ record. E~viro,chem ap.~ec!a=e~ ~he opport'~nity ~o provide you and YOUr comgany %his =~ ocher services. Please ~o not hesitate tO call Mr.. *John A~k~rman, o~rr Cas=omer Sea, ice SpecialiSt, or myself, if *' ](~THOD: L~FT/~A 801~M ~.1~.]~ . : LA~ GASOLINE KE~OS~E DZ~EL OIL D~ (C~.-CIO) (C8-C16} (C~.0-C~22} "(C~2-C'~q) .o~0~o~s ~rn ND 10.3 ND ! 8015M Soil QC Unlt~: %MS MSD %MSD 20% 3~609 114% %RPD ACP %~ .ACP'RPD 6 75;;125 ' ' ·'ACP 75128 INC. 909 59~ 5~.8'F · . SELECTED SITE PHOTOGRAPHS?. View showing area of former landings strip buildings and AST's which have been removed. . Another view showing the cleared landing strip area, : sELECTED SITE pHOTOGRAPHS'~ View showing area where two AST diesel tanks have been removed. View showing the landing strip area which has been cleared of all buildings and identified materials. SEI~ECTED SITE PHOTOGRAPHS View showing western side of workshop where two portable diesel tanks were removed. ..' View showing area where portable. AST and severat 55 gallon drums were removed; · SELECTED SITE PHOTOGRAPHS View showing the former location of a pot[able AST that has been removed. NOte the residence in the background, ~ View showing the general ama where AST's and 55ga Ion drums were identified. These materials have been removed from the site. '" GENERAL ENGINEERING CONTRACTING February 27, 2002 Subject Site Remediation per Gradient Engineer's Phase 1 Report Ror~paugh Ranch, Temecula, CA As requested, the i'ollowing narrative explains Riverside County DEH involvement in the Phase 2 remedation on the above referenced property. Pursuant to the Gradient Engineerings Phase 1 Report, dated June 30, 1999, Olah Engineering was engaged by Rodpaugh Ranches, Inc., to facilitate the remediation of the TPH impacted soil and supervise the Rcdpaugh's efforts in removing the AS'Fs. Gradient Engineedng's Report recommended that Riv. County Department of Environmental Health and San Diego County Regional Water Quality Control Board should be notified of the remedial action required pursuant to the report Jim Sappington, Inspector for Riv. County Department of Environmental Health,:was notified of the impending mmediation via telephone. Mr. Sappington indicated that he need not be present during the remedial work and that San Diego RWQCB's would not need to be contacted as the '['PH impacted soil and the AST's were not detrimental to any water table or drainage coume. Upon completion of the Phase II remediation, Mr. Sappington has requested a copy of the Final Environmental'Compliance Report Further, as evidenca that the above TPH impacted soil remedlation efforts complies with all local, state and federal requirements, we are enclosing herein the following information: 1 Transportation Manifest 2 Remedial Certification from Filter Recycling The information stated herein should be suffice~ to close your report. However; if you should require additional information, please contact us at your earliest convenince. Olah Engineering, Inc. Peter M Olah President P.O. BOX 1283 UPLAND, CA 917~5-1283 FAX (gUS) S4~.2652 .. NON-HAZARDOUS 'WASTE MANIFEST 1. Generator's US EPA Generator's Name ~nd Ma/lln Address ~trlcl~ $ ~ TlC. 39100 Pourroy ~TeLre~.~l~., C_A 92589 · ~e.eratorsPhone( 9~ ) 9~5--72~3 5. Transpolar ~ Company Name Iter Recyctin~ Ser~i.:es. ~nc. 7, Transpolar 2 Company Name Designated Facility Name and Site Address ~ecycl[ng Ser,;ice$, ir,c. b~0-~...3,~onte Avenue - ~, . 92316 Manifest ,D~msnt ~o. 6, US EPA ID Number lC. A. D. ,°. 8.2. o,.~,, a. ~. $. 1 8. US EPA ID Number 10, US EPA ID Number 11. Waste Shipping Name. and Description a. ~. 0 'l-H~.7."' .~ r ~ ,' S '-,'J;:' 'S l -' -.~,.;' ' ..!' ',' :,:,:' b. d. D. AddJl anal Descriptions forJ~eriaL~Lisled.~bo.ve .. -2/3~;2o02' ': ;2<:'1 A. Transporter's Phone ( 9091373-~.1~t C. Facility's Phone (909)~2[-2012 .._ 12. Containers No. 13. 14. Total Unit Quantity Wt/Vol E, Handling Codes for Wastes Usted Above ~?: S~ecigl Handling Instructions and Addit ona nformatgn 2'z~' HOUr ~'~. r'.d;,e¢.;7 -'v.~ $~on'.,.-' (1 · ".',?~ -.'" ',. -:.,~~2.~" giLL TO: GL.~H ?,~'[;.,i?.~,-.~ll'.r; ',...~LmZ~...:L\. 17. Transporter 1 Acknowledgement of Receipt of Materials /~?.'nt ed/Typed Name 18, Transporter 2 Acknowledgement of ~elpt of M~tedaJs Printed/Typed Name 19. Discrepancy Indication Space ~ '.. &. ;_ · Printed/Typed Name [Signature GRADIENT ' ENGINEERS,.c. Construction, Engineering Environmental So,vices g PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT APPROXIMATE SOO-ACRE RORIPAUGH RANCH RIVERSIDE COUNTY, CALIFORNIA Pr~ectNo. 993070-001 June 30, 1999 Prepared For: ASHBY DEVELOPMENT 14785 Village Drive Fontana, Califomia 92337 3934 Murphy Canyon Road, SuEe 6204, San Diego, CA 92123 (619) 268-1320 !Jc. # A734297 FAX (619) 268-5199 GRADIENT ENGINeeRs, . Construction, Engineering *¢ Environmental Services June 30, 1999 Pr~ectNo. 993070-001 To: Attention: Subject: Ashby Development 14785 Village Drive Fontana, California 92337 Mr. Wesley Hylen Phase I Environmental Site Assessment Report, Approximate 800-Acre Roripaugh Ranch, Riverside County, California Gradient Engineers, Inc. (Gradient) is pleased to present this Phase I Environmental Site Assessment (ESA) Report for the subject property. This ESA was conducted in accordance with Gradient's proposal dated January 28, 1999 and authorization of April 30, 1999. If you have any questions regarding this report, please do not hesitate to contact me. We appreciate the opportunity to be of service. Respectfully submitted, GRADIENT ENGINEERS, 1NC. Thomas E. Mills, RG 4439 (Exp. 6/30/2000) Principal MMHdTEM Distribution: (3) Addressee P:~'ojcets~993070.001~R. oripaugh Ranch-Phase I 3934 Murphy Canyon Road, Suite B204, San Diego, CA 92123 BMc. # A734297 (619) 268-1320 FAX (619) 268-5199 TABLE OFCONTENTS 993070-001 Section Page Executive Summary E-i 1.0 INTRODUCTION ............................................................ ~ ................. .~ ............................................................... 1 1.1 AIYrHORIZATION .............................................................................................................................................. 1 1.2 PURPOSE ........................................................................................................................................................... 1 1.3 SCOPE OF WORK ............................................................................................................................................... 1 1.4 LIMITATIONS AND EXCEPTIONS ........................................................................................................................ 1 1.5 LiMrriNo CONDITIONS AND METHODOLOGY .................................................................................................... 2 2.0 SITE DESCRIPTION ............................................................................................... .'. ......................................... 4 2.1 SITE LOCATION ................................................................................................................................................ 4 2.2 LEOAL DESCRIPTION ......................................................................................................................................... 4 2.3 SITE A~O VICINITY CP, A~CTEmSTICS .............................................................................................................. 4 2.40NSITE STRUCTURES AND IMPROVEMENTS ...................................................................................................... 4 2.5 CURRENT USES OF ADJOINING PROPERTIES ..................................................................................................... 5 3.0 RECORDS REVIEW .......................................................................................................................................... 6 3.1 STANDARD ENVIRONMENTAL RECORD SOURCES ............................................................................................. 6 3.2 PEYSICAL SETIINO SOURCES ............................................................................................................................ 6 3.3 GEOLOGY ......................................................................................................................................................... 6 3.4 GROUNDWATER CHARACTERIZATION ......................................... : .................................................................... 7 3.5 REVIEW OF PREVIOUS REPORTS ....................................................................................................................... 7 3.6 SOIL SAMPLING RESULTS ................................................................................................................................. 7 3.7 HISTORICAL USE INFORMATION ....................................................................................................................... 8 3. 7.1 AerialPhotographs ................................................................................................................................. 8 3.7.2 Fire Insurance Maps ................................................................................................................................ 8 3.7.3 Title Documents ....................................................................................................................................... 8 3. 7.4 Radon ...................................................................................................................................................... 9 3. 7.5 AdditionalRecordSource& ...................................................................................................................... 9 3. 7. 6 Summary of Historical Landuse .............................................................................................................. 9 4.0 SITE RECONNAISSANCE .............................................................................................................................. 10 4.1 OBSERVED USES AND CONDITIONS ................................................................................................................ 10 4.2 ADDITIONAL OBSERVATIONS ......................................................................................................................... 12 5.0 INTERVIEWS ................................................................................................................................................... 13 6.0 QUALIFICATIONS .......................................................................................................................................... 14 6.1 CORPORATE ................................................... 14 6.2 INDIXaDUAL .................................................................................................................................................... 14 ~GRADIENT ENGINEERS I~. TABLE OF CONTENTS (Continued) 993070-001 List of Accompanying Appendices and Illustrations Figure 1 - Site Location Map - Page 3 Figure 2 - Site Reconnaissance Map - Rear of Text Figure 3 - Site Reconnaissance Map - AOC1 - Rear of Text Figure 4 - Site Reconnaissance Map - AOC2 - Rear of Text Appendix A - References and Aerial Photographs Reviewed Appendix B - VISTA Report dated Appendix C - Laboratory Data Report Appendix D - Site Reconnaissance Photographs Appendix E - Records of Communication ii r~lrG RADIENT ENGINEERS EXECUTIVE SUMMARY 993070-001 Gradient Engineers, Inc. (Gradient) performed a Phase I Environmental Site Assessment (ESA) at the Roripaugh Ranch in Riverside County, California (Figure 1). The purpose of this ESA was to identify recognized environmental conditions on the site. The term recognized environmental conditions is defined by ASTIvl Standard E 1527-97 as "the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indieatb an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property, or into ground, ground water, or surface water of the property". The scope of work for this assessment included: records review, site reconnaissance, interviews, and report. The 800- acre subject site (Site) is located north and east of the unimproved Nicolas Road in Riverside County, California(Figure I - Site Location Map). Based on historical records, land usage is summarized as follows: TimePeriod I Land Usage I Reference Prior to 1949 Unknown Not available 1949 to 1967 P~rtially utilized for agriculture Aerial photographs 1967 to present Agricultural, residential and airstrip Interview Aerial photographs Adjoining properties have been used for similar purposes as the Site, primarily residential and agricultural. A search of selected government databases was conducted by Gradient using Vista Information Solutions, Inc. (VISTA) "StarView" environmental database report system. Review of the VISTA report indicates that no database listings (finds) were reported for the Site. Nine (9) database sites are located within a 1 and 1/8 mile radius of the Site. These database sites consist of USGS/State water wells and according to the report, the wells are utilized for domestic or irrigation purposes or not used at ail. Based on the data presented in the VISTA report, none of the database sites appear to pose a threat of environmental contaminationat the Site. Review of aerial photographs from 1949, 1967, 1986, 1990, 1993, 1995 and 1997 and interviews with persons knowledgeable about the Site indicated that reeoguized environmental conditions of concern were not reported for the Site. On June 1, 1999, Gradient staffvisited the Site to assess current Site utilization and to identify possible environmental conditions of concern. Groundwater wells were not observed on the Site. Evidence of sumps, underground storage tanks, pumps or clarifiers or were not observed on the Site. Evidence of aboveground storage tanks (ASTs) and drums/chemical containers were noted on Site. Evidence of recognized environmental conditions were noted in primarily two (2) areas of the Site. The two (2) areas consisted of a heavy machinery storage and maintenance area (AOC 1) and an airstrip (AOC 2). These two areas are located in the central western portion of the Site. Waste oil containers, solvent containers, stained E-i GRADIENTENGINEERS',Nc. 993070-001 soils, ASTs, and stockpiles of trash including, but not limited to, wood, metals, tires, rusted 55-gallon drums were noted in these areas. On June 1, 1999, Gradient staffalso collected a total of 15 near surface soil samples. Seven (7) samples were collected to assess for the absence/presence of pesticides in the agricultural areas of the Site. The remaining eight (8) samples were collected below observed stained areas in the two (2) areas of concern AOC I and AOC 2 and analyzed for total petroleum hydrocarbons (TPH). None of the seven (7) samples analyzed for pesticides had any detectable concentrations ofpesffcides. The following table summarizes the results of the samples collected and analyzed for TPH: Sample ID TPH (mg/kg) TPH Identification SS 1-2" 483 Weathered diesel and waste oil SS2-2" 3,570 Weathered diesel and waste oil SS3-1' 1,230 Weathered diesel and waste oil SS4-I' 249 Weathered diesel and waste oil SS5-3" 153 Waste oil SS6-2" 69 Weathered diesel and waste oil SS7-4" 141 Waste oil SS8-3" 583 Weathered diesel and waste oil On June 29, 1999, Gradient spoke with Ms. Dori Malloy of the Riverside County Department of Environmental Health (DEH) regarding the TPH impacted soil. According to Ms. Malloy, there is no specific criteria regarding the impacted soil. However, the DEH should be notified prior to removal of the soils so there can be a DEH representative present to oversee the cleanup and verification sampling at the time the impacted soil is removed. In addition, the San Diego - Regional Water Quality Control Board (RWQCB) is the lead oversight agency regarding the ASTs and should be notified prior to removal of the diesel ASTs from the Site. Based upon the information obtained during the course of this assessment, Gradient presents the following opinion: Gradient performed a Phase I ESA for the Site in conformance with the scope and limitations of ASTM Practice E 1527-97. This assessment did indicate evidence of recognized environmental conditions of concern in connection with the property (TPH impacted soils). Based upon the findings of this Phase I ESA, Gradient recommends: · The property owner is to notify the Riverside County DEH prior to the cleanup of any TPH impacted soils and properly mitigate the petroleum impacted soils in accordance with the DEH requirements. · The property owner is to noti~ the San Diego RWQCB prior to the removal of the fuel ASTs from the Site. · Remove and dispose of the abandoned materials from the Site in accordance with appropriate local, state and federal requirements. E-ii gGRADIENT ENGINEER5 ~ 993070-001 That observations be made during any future Site development for areas of possible contamination such as, but not limited to, the presence of underground facilities, buried debris, staining soils, waste drums, tanks, or odorous soils. Should such materials be encountered, further investigation and analysis may be necessary at that time. E-iii FGRADIENT ENGINEERS ~c. 1.0 INTRODUCTION 993070-001 1.1 1.2 Authorization In accordance with Ashby Development Co. authorization, Gradient completed a Phase I Environmental Site Assessment (ESA) of the Site. This work was conducted in accordance with Gradient's proposal dated January 28, 1999, and with Ashby Development Co. authorization signed by Mr. Justin Ashby, dated April 30, 1999. Purpose The purpose of this ESA was to identify recognized environmental conditions of concern on the Site. The term recognized environmental conditions is defined by ASTM Standard E 1527-97 as "the presence or likely presence of any hazardous substances or petroleum products on the properly under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property, or into ground, ground water, or surface water of the property". Recognized environmental conditions include hazardous substances or petroleum products even under conditions in compliance with applicable laws. The term does not include de minimis conditions that generally do not present a mcterial risk of harm to public health or the environment. 1.3 1.4 Scope of Work The scope of work was performed in accordance with Gradient's proposal and included the following tasks: · Site Reconnaissance and Soil Sampling · Records Review; · Interviews; · Report. This ESA did not include air or water sampling, or investigations for radon, asbestos or lead- based paint. Limitations and Exceptions The findings and professional opinions presented in this report are based on the information made available to Gradient (in most eases from previous reports and from public records) and could change if additional information becomes available. In performing our professional services, Gradient applied present engineering and seiantifie judgment and used a level of effort consistent with the standard of practice measured on the date of this report and in the vicinity of the project site for projects of similar scope. Gradient makes no warranties, either express or implied, concerning the completeness of the data made available to us for this study. Gradient specifically withholds certification of any type concerning the absence of contaminatinn at the Site. -I- GRADIENTENGINEER$~m. I I 993070-001 1.5 Limiting Conditions and Methodology The methodology used during this assessment conforms with current standard of care in the performance of Phase I ESAs in southern California. The list of references used for this study is included as Appendix A. The research of selected government databases was performed by Gradient using Vista Information Solutions, Inc. (VISTA) "StarView" environmental database program. A copy of the VISTA report is included as Appendix B. The laboratory data report is presented in Appendix C. Representative color photographs of the Site and area that were taken during the Site reconnaissance are presented in Appendix D. Government records documenting the history of hazardous materials in this area are generally reliable for only the past ten years or less; therefore, undocumented sites or events may exist, and early records of the Site may not have been made available by the agencies for review. Records of communication with persons familiar with the Site are presented in Appendix E. I -2- GRADIENTENGINEERS ~c. BASE ~AP:' ~omas Bros. GeoFinder for ~ndo~, R~e~ide Count, ~99S, Pa~e 929 0 2000 ~000 Paoo~c~ No. Roripau~h Ranch S I T E DATe"3oT°~°' Riverside HAP June 1999 G~E~ EN~N~ ~. FIGURE 2.0 SITE DESCRIPTION 993070-001 n 2.1 Site Location The 800-acre Site is located north and east of the unimproved Nicolas Road in Riverside County, California (Figure 1 - S itc Location Map). 2.2 Legal Description A title report was not provided for Gradient to review for this assessment. 2.3 Site and Vicinity Characteristics The 800-acre Site is currently being utilized for residential and agricultural purposes. The Site consists of relatively hilly terrain, and several drainage canyons transverse the Site from northeast to southwest. The owner of the Site, Mr. Leo Roripaugh, has owned the Site for approximately40 years and has dry-farmed (wheat) and lived at the Site since. The municipal water district (MWD) has an easement transversing the Site from approximately north to south in the central northern area. The easement is shown on Figure 2. 2.4 Onsite Structures and Improvements The majority of the Site is comprised of open land. The following three (3) areas on the Site have structures: 1). The residential area located in the central north area of the Site. This area has two (2) single- family residences. 2). The equipment area (AOC 1) located in the central east boundary of the Site. Three (3) buildings (a single-family residence, storage building and maintenance workshop) are present in this area, including an inoperable windmill. 3). The airstrip area (AOC 2) located to the east of the maintenance area. Five (5) buildings are located in this area ineinding two (2) airplane hangers and three (3) storage buildings/sheds. The Site receives its water from a private well and sewer is released into an on site septic tank. rYGRADIENT ENGINEERS 2.5 Current Uses of Adjoining Properties Surrounding properties are summarized in the following table. I Properties I Land Use Adjacent propertiesto the north: · Agriculture ' · Residential Adjacent propertiesto the east: · Residential Adjacent properties to the south: · Residential Adjacent propertiesto the west: · Residential 993070-001 -5- [IFGRADIENT ENGINEERS 3.0 RECORDS REVIEW 993070-001 0 3.1 3.2 3.3 Standard Environmental Record Sources A search of selected government databases was conducted by Gradient using Vista Information Solutions, Inc. (VISTA) "StarView" environmental database report system. Details of the database search along with descriptions of each database researched are provided in Vista's report (Appendix B). Figures 2 and 3 of VISTA report (Appendix B) show the nearby properties listed on the databases that are within a ¼ and 1-mile radius of the Site. A search of selected govemment databases was conducted by Gradient using Vista Information Solutions, Inc. (VISTA) "StatView" environmental database report system. Review of the VISTA report indicates that no database listings (finds) were reported for the Site. Nine (9) database sites are located within a 1 and 1/8-mile radius of the Site. These database sites consist of USGS/State water wells and according to the report, the wells are utilized for domestic or irrigation purposes or not used at all. Physical Setting Sources United States Geological Survey (USGS) 7.5-minute topographic map, Bachelor Mountain, California, 1953 (photorevised 1973), was reviewed. The map indicates that the Site is located in primarily undeveloped area. The Site is primarily hilly terrain with two (2) unimproved roads transversingthe Site from the east to west in the central portion and from north to south in northern half along the east boundary. A windmill is present on Site in the central area along the eastern boundary. In addition, two (2) creeks transect the Site. The Santa Gertrndis Creek transects the northern half of the Site from the northeast to the southwest. Another creek (unnamed) transects the southern half of the Site from east to west. A walkthrough Site reconnaissancedid not reveal existing wetlands or conditions, such as reeds on standing water, which would indicate the presence of a wetland on the Site. In addition, Gradieat's review of the USGS topographic map revealed no evidence of wetlands on the Site. · According.to the topographic map, the site ranges in elevation .from 1400 feet above mean sea level along the highest ridge (central portion of Site) to 1200 in the lowest areas of Site. Geology The Site is locates in the Peninsular Range Geomorphic Province if California. The Site consists of topsoil, alluvium, colluvium and the Quaternary Pauba Formation (leighton, 1990). -6- FG RADIENT ENGINEERS 3.4 3.5 3.6 993070-001 Groundwater Characterization Hydrogeological data was not available for our review. However, based on the topographical gradient at the Site, the anticipated direction of groundwater flow is toward the west. According to Mr. Leo Roripaugh, the depth to water in his water well is 40 feet below grade. Review of Previous Reports No previous environmental reports were available for our review for the Site. Soil Sampling Results On June 1, 1999, during the site reconnaissance, 15 soil samples were collected on Site. Seven (7) soil samples (SI through S7) were collected in agriculture use area at one foot below grade and analyzed for pesticides by EPA Method 8080. The locations of the seven (7) sample locations are shown on Figure 2. The remaining eight (8) samples (SSI through SS8) were collected in the airstrip and maintenance areas where there is petroleum hydrocarbon soil staining. The samples were analyzed for total petroleum hydrocarbon (TPI-I) extended by ASTM D2887. The samples were collected below staining at varying depths below grade. The samples were placed in laboratory provided jars and placed on ice. The samples were subsequently transported by proper chain of custody to Pacific Treatment Analytical for laboratory analysis. The laboratory report and chain of custody are presented in Appendix C. In summary, the seven (7) samples that were analyzed for pesticides did not have any detectable concentrations of pesticides at or below the laboratory detection limits. The following table summarizes the laboratory data for the remaining samples that were analyzed for TPH. Sample ID TPIt (rog/kg) TPIt Identification SS 1-2" 483 Weathered diesel and waste oil SS2-2" 3,570 Weathered diesel and waste oil SS3-1' 1,230 Weathered diesel and waste oil SS4-1' 249 Weathered diesel and waste oil ss5-3" 153 Waste oil 8S6-2" 69 Weathered diesel and waste oil SS7-4" 141 Waste oil SS8-3" 583 Weathered diesel and waste oil The laboratory data is also summarized on Figures 2, 3 and 4. On June 29, 1999, Gradient spoke with Ms. Dori Malloy of the Riverside County Department of · Environmental Health (DEH) regarding the TPH impacted soil. According to Ms. Malloy, there is no specific criteria regarding the impacted soil. However, the DEH should be notified prior to removal of the soils so there can be a DEH representative in order to oversee the cleanup and verification sampling. In addition, the Regional Water Quality Control Board (RWQCB) is the oversight agency for ASTs and should be notified regarding the diesel ASTs. -7- FGRADIENT FNGINEER$ ~c. 3.7 993070-001 Historical Use Information 3.7.1 Aerial Photographs Historical aerial photographs were reviewed for information regarding past Site uses. Aerial photographs were reviewed for the following years: 1949, 1967, 1986, 1990, 1993, 1995 and 1997. References are provided in Appendix A. In the 1949 aerial photograph, the Site and the surrounding areas appear to be partially utilized for agricultural purposes. There is no evidence of the airstrip, single-family residences or equipment storage area. There does not appear to be any residential development in the surrounding areas. In the 1967 aerial photograph, a structure, possibly the windmill is evident on Site. The MWD property easement appears on Site. The surrounding areas appear to be minimally changed from the 1949 aerial photograph. In the 1986 aerial photograph, the airstrip appears to be present. There does not appear to be any buildings or airplanes in the area of the airstrip. There appears to be scattered residential development in the surrounding areas. In the 1990 aerial photograph, the Site appears to be similar to the present. The airstrip, single-family residences and equipment storage area are present. In the 1993 aerial photograph, there appears to be minimal change from the 1990 aerial photograph. In the 1995 aerial photograph, there appears to be minimal change from the 1993 aerial photograph. In the 1997 aerial photograph, there appears to be minimal change from the 1995 aerial photograph. 3.7.2 FirelnsuraneeMaps Fire insurance maps were not reviewed for this assessment. 3.7.3 Title Documents Title documents were not provided to Gradient for review in this assessment. -8- GRADIENTENGINEERSt~c. D [1 3.7.4 3.7.5 3.7.6 993070-001 Radon In 1990, the State of California (1990) conducted a radon survey in the state. The results of the survey indicate that for the 182 samples obtained in Region 9 which included Riverside County, the arithmetic mean radon levels were 0.6 pCi/I. This average total is below the U. S. EPA radon action level of 4 pCi/l. Additional Record Sources Additional City and County Agency record sources could not be assessed since the Site does not have a specific address. Summary of Historical Landuse Based on historical records, land usage is summarized as follows: Time Period I Land Usage I Reference Prior to 1949 Unknown Not available 1949 to 1967 Partially utilized for agriculture Aerial photographs 1967 to present Agricultural, residential anft Interview airstrip Aerial photographs -9- I~IgRADIENT ENGINEERS i~c, 4.0 SITE RECONNAISSANCE 993070-001 D U 4.1 Observed Uses and Conditions On June 1, 1999, Gradient staff visited the Site to assess current Site utilization, to locate possible areas of environmental conditions of concern. Photographs of the Site are presented in Appendix D and their view directions are noted on Figure 2, 3 and 4. Items noted during the Site reconnaissance are also noted on Figure 2, 3 and 4. The Figures consist of the following: Figure 2: Figure 3: Figure 4: Overall Site Map Site Reconnaissance Map of the Maintenance Area/Residential/Heavy Equipment Storage Area Site Reconnaissance Map of the Airstrip Area In addition, the Site primarily consists of two (2) areas of concern (AOC), which consists of the following: AOC 1: AOC 2: Maintenance area/heavy equipment storage area located along the central west boundary of Site (Figure 3) Airstrip area located in the central area of Site to the east ofAOC I (Figure 4). Hazardous Substance in Connection with Identified Uses: Evidence of storage of hazardous materials was noted in the following areas: AOC 1: 55-gallon drums were noted to contain oil and several 5-gallon plastic containers contained hydraulic fluid (Appendix D, Photo 4). Hazardous Substance Containers and Unidentified Substance. Containers: Evidence of hazardous or unidentified substance containers Was noted. AOC 1: Several unlabeled containers were noted throughout this area. Some of the containers appeared to contain waste oil [Appendix D, Photo 3 (sampled, and soil staining -2 ft.x2 ft.), Photo 4 (sampled and soil staining ~4 ft. x 4 ft.) and Photo 5]. AOC 2: Several unlabeled containers were noted throughout this area. Some of the containers appeared to contain waste oil [Appendix D, Photo 11 (sampled and staining ~2 ft. x 8 ft.) and Photo 14 (sampled and soil staining 3 ft. x 4 ft.)]. On Site Regulated Substance Identification/Inventory: Chemical coatainers/drums were observed on the Site during the Site reconnaissance. See above discussion. -10- GRADIENTENGINEERS ~:. 993070-001 Storage Tanks and Pipelines: Evidence of underground storage tanks (USTs) was not noted on Site. Aboveground storage tanks (ASTs), pipelines associated with or evidence of current or former ASTs were observed on the Site. Several ASTs were noted on Site. ACC 1: Two (2) water ASTs were noted. A portable fuel tank was noted in the area of the Roripaugh residences (Appendix D, Photo 1) petroleum hydrocarbon odors and soil staining were noted (-2 ft. x 3ft.), a sample was collected (SS1-2'). A fuel AST was noted in the central area of ACC I and a'portable AST (diesel) was observed adjacent to the maintenance shed/workshop. Two (2) diesel ASTs (Appendix D, Photo No. 6) were noted along the road that leads to the airstrip. Soil staining (--4 ft. x 4ft.) and petroleum hydrocarbon odors were noted and a sample was collected (SS4-1 '). ACC 2: Four (4) ASTs were noted in this area (Appendix D, Photos 10 and 15). One of the ASTs was labeled to containing unleaded fuel (Appendix D, Photo 10). No staining or odors were noted. The other three (3) ASTs were not labeled as to their contents nor was their any evidence of staining or odors, however, one (1) of the tanks (Appendix D, Photo 15) was in dense vegetation and was not reachable. An AST was also noted in the central south boundary of the Site (Appendix D, Photo 16). The location of the AST is also shown on Figure 2. There was no odors or soil staining associated with petroleum hydrocarbons in the vicinity of this AST. Monitoring Wells or Remedial Activities: Evidence of monitoring wells or remedial activities were not observed at the Site. Indications of Solid Waste Disposal: Indications of solid waste disposal was observed on Site. ACC 2 had several areas of discarded debris. At the east end of the airstrip, a large pile of debris was noted (Appendix D, Photo 7). The debris consisted of discarded metal pieces, wood, tires and empty and crushed rusted 55-gallon drums. Across the airstrip to the southwest, more debris was noted (including tires, 55-gallon empty drum, and corrugated steel pipes) (Appendix D, Photos $ and 9). Adjacent to the airstrip and to the south, dense vegetation, rusted debris and equipment were noted (Appendix D, Photos 12, 13 and 14). Discolored, Distressed or Discolored Vegetation: Evidence of discolored, distressed or discolored vegetation was not. noted on Site Stained or Discolored Soil: Evidence of stained or discolored soil was noted on the Site. See the above discussions. Obvious Odors: Evidence of odors was noted on the Site. See the above discussions. Inclinations of Polyehlorinated Biphenyls (PCBs): Evidence of leaking, PCB-containing pad or pole mounted transformers, fluorescent light ballasts or other PCB-containing equipment were no._~t noted. Asbestos Containing Construction Material (ACCM): An ACCM survey was not included in our scope of work. -I1- IrGRADIENT ENGINEERSI~. 4.2 Lead-Based Paint: A lead-based paint survey was not included in our scope of work. Additional Observations · Heavy equipment storage was noted in AOC 1. · A residence was noted in AOC 1. 993070-001 -12- '~GRADIENT ENGINEERS ~c. 993070-001 5.0 INTERVIEWS Gradient conducted interviews with persons having knowledge of current or past Site usage. Interviews were conducted either orally or in the form of a written questionnaire. Written responses are included as Appendix E. The following person was interviewed: Mr. Leo Roripaugh, the owner of the Site completed a' standard Phase I ESA background questionnaire for the Site. According to Mr. Roripaugh, he has owned the Site for 40 years. The Site has been utilized for dry farming practices throughout Mr. Roripaugh's ownership. The previous owner of the Site was Mr. Roripaugh's grandfather. Mr. Roripaugh stated that there has never been USTs on Site, only ASTs. Mr. Roripaugh did not indicate any conditions of environmental concern for the Site. -13- '~GRADIENT ENGINEERS 6.0 QUALIFICATIONS 993070-001 6.1 6.2 Corporate GTG, Inc. is the parent firm for four firms, of which Gradient Engineers, Inc. is one. The other three firms are: Leighton and Associates, Inc., Teratest Labs, Inc., and Earth Consultants International, Inc. Gradient was formed in 1997 an~l between 1983 and 1997, was the Environmental Services Division of Leighton and Associates, Inc. Gradient provides professional services in environmental engineering which involves the application of science and engineering to environmental compliance, contamination assessment and cleanup, and the management of hazardous, solid and industrial waste. Phase I Environmental Site Assessments are a part of this practice area and have been conducted by Gradient. Individual The qualifications of the Project Manager and the other Gradient environmental professionals involved in this Phase I ESA meet the Gradient corporate requirements for performing Phase I ESAs. In addition, Mr. Mills is a Registered Environmental Assessor and Geologist in the State of California. -14- ~F~I~GRADIENT ENGINEERS thc. I § i 993070-001 APPENDIX A REFERENCES ASTM, 1997, ASTM Standards on Environmental Site Assessments for Commercial Real Estate, Designation E 1527-97, dated March 10, 1997. Leighton and Associates, Inc., 1990, Geotechnical Investigation and Evaluation of Possible Fault, Proposed Roripaugh High School, Murrieta, California, dated October 24. State of California, Department of Health Services, 1990, California Radon Survey of Interim Results, 9 pages. AERIAL PHOTOGRAPHS REVIEWED Date Flight Frame Scale Source 5-23-49 AXM- 1 OF 66/67 Not Available Continental Aerial Photograph 5-23-49 AXM- 10F 82/83 Not Available Continental Aerial Photograph 5-9-67 AXM- 1HH 73/74 Not Available Continental Aerial Photograph 7-30-86 86184 164/165 Not Available Continantal Aerial Photograph 10-12-90 90205 164/165 Not Available Continental Aerial Photograph 5-14-93 C90-6 187/188/189 Not Available Continental Aerial Photograph 10-04-95 EMWD 164/165 Not Available Continental Aerial Photograph 10-15-90 C117-43 92/91 Not Available Continental Aerial Photograph A-I :i!!::?:i::! ::i:!::i~ i!::::i;i:, iii :::: i iiii;i::i :::::: ::: iii IN [OItMAll~N :: ::::: :.:: :::i :::. :.i :::: i:.:i:::::::::: :?::: :::::::.:: i:::::i::::: ii i;:: ::::: i~ £OP-~i AI~ O~ Project Na~e/Ref ~: N;~ pr3~idea ~iey H~ien Rodpaugh Ranch Ashby Development Company Nicolas Road 31566 Railroad Canyon Road Mu~ieta, CA 92~92 Canyon Lake, CA 92S87 Latitude/LonRith ~ ~: :::: :~ ~i ~S~e~ ~i Latitude/Lon~iitude: ( 33.549080, 117.095065 For more information call VISTA Information Solutions, Inc. at 1 - 900 - 767 - 0403, Report ID: 993070001 Date of Report: June 9, 1999 ~hi~re~ort~ meets NOTES For more information call VISTA Information Solutions, Inc. at 1 - 900 - 76'/- 0403. Report ID: 993070001 Date of Report: June 9, 1999 Version 2.6.1 Page 12 ~ Miles OBregon: A B C D Multiple Sites ~ m A Highways and Major Roa~ NPL, SPL, OEROLIS~ UST ' ERNS, Roads ~R~OTS NF~P, GENE~TORS Railroads (TSD) TSD, LUST, Rivers or Water B~ies If addil~l ~ am b~ ~ ~r ~ge of Ihe m~n mey am at~ dlsplay~ For More Information Call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403 Report ID: 993070001 Date of Report: June 9, 1999 Page #$ ", · ,~ .~ ...... , ,, l"'"' ........ . , } [: ~. ~ ~.., ~. ~ ...: ...... /..~~:>,. .~ .................. . ....... , ..... . ..~ _... ,..~~ ...~ ~~ ) ~ ' Miles ' ~ Single Sites ~ Highways and Major Roads NPL, SPL, CEROLIS~ UST ERNS, ~ Roads COR~CTS NF~P, GENE~TORS ~ Railroads ~SD) TSD, LUST, "~"'"' Rivers or Water B~ies I For More Information Call VISTA Information Solutions, Inc. at I -800 -767 -0403 Report ID: 993070001 Date of Report: June 9, 1999 Page ~ I i Il ,' ., ..... · Xx /. ~ I ,., - ~'~';'"~-~_ I ~x ~~ / /~ '-' .... ~ ~ ~~~-~,~ ' ' ~ f /~~'- ~ ~ ~ . ~ ~ .... ~ ~ ~ ~ fi'''-~- "t-, ~ ~ _ %./ ~ I ~1 ~ ~ ~,~,,~ ~ ~ ,~ ~ !~.-~ ) ~ I "" ~." ~ ...-: '..~~ ~ ~ ~: ~ -~ -..~,~. -...~ , I ~%1% 7.. ~ Highways and Major Roads Subj~t ~ite ~ Roads ~ ~ Railroads '"..., "~",, Rivers or Water B~ies '-" "' Utilities For More Information Call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403 Report ID: 993070001 Date of Report: June 9, 1999 Page #$ g USGS WATER WELL ID lA CA O.~M~ X SW USGS WATER WELL ID ~33325011 1B CA o.22 M~ X SW USGS WATER WELL ID ~3332511 1 B CA o,24 MI X W USGS WATER WELL ID ~33322411706270q~4~zz~ 2 CA o.~9 M~ X SW USGS WATER WELL ID ~3333341170~000~B46727 3 CA 0.92M~ X USGS WATER WELL ID ~33323211706450~4~zzz 4 CA ~,o5 MI X W USGS WATER WELL ID ~333235117064708~62~3 4 CA ~.o~ ~ X W USGS WATER WELL ID ~33334311705000~1617~ 5 CA 1,~ MI X USGS WATER WELL ID ~33334611705030~a46~o3 CA x NE I USGS WATER WELL ID #33334711 5 CA ~.~3tv X IUSGS WATER WELL ID #33324511706560~1~,~3ao 6 , CA ?.~4 MI X W X = search criteria; · = tag-along (beyond search criteria). For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Version 2.6.1 Page ~::::~::~::~:~:~:: :::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ USGS WATER WELL ID #33314511 ~0~0~0~ ~ ~ 7 CA ~.39 M; X USGS WATER WELL ID ~33340511706330~a46963 8 CA ~.48 M; X NW No Records Found I! i !1 X = search criteria; * = tag-along (beyond search c~eria). For more information caIIVISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date o¢ Report: June 9, 1999 version 2.6.1 Page #7 TEMECULA 5B;$471 RAINBOW CANYON RD X TEMECU~, CA TEMECULA ~4~o EAST OF H~ 15 X ~EMECU~, CA TEMECU~ ~NDFILL NWl/4, SEC 30, TBS, R2W X TEMECU~, CA GTE REDHAWK CENTRAL OFFICE 7~274~ 32505 STATE HIGHWAY X TEMECULA, CA 925B9 TRI WEST/PACIFIC SOD 45620 E PALA RD X PA~, ca X = search criteria; · = tag-along (beyond search criteria). For more information CalIVISTA Inl=ormation Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Dat~ of Report: June 9, 1999 Version 2.6.1 Page #8 il § ii D i:.:: !'.'' ':': ::SI~E ASS:ESSMEiN~::PIL. US REPORT rr~ 7: 5i ?=5i ?:==55==:-==::5::5555::5:::: :/: 5:=5==}5==5 Agency Address: ~ME AS ABOVE Well ID: 333251177055401 Use: STOCK Depth: ~o9.o LatAude: 33.5475 LongAude: - 117.0983333333 Su~ace Elevation: Sta6c Water Level: 57.~ Count~ FIPS: 6065 ~el~ ~ ~}~ Agency Address: SAME AS ABOVE Well ID: 333250117055801 Use: DOMESTIC Depth: 140.0 Latitude: 33.547222222222 Longitude: .11/.0994444444 Quadrangle Name: BACHELOR MTN Surface Elevation: 1205. County FIPS: 6065 ~i~!W~ii~i~J~A D~O~tiS6~Ees~:~ SR~iS38~ :: :?: :. i:: ~:!iEPA~A~?~::~: :::.:~ ::::::iN~A.I~ .... :: Agency Address: SAME AS ABOVE Well ID: 333251117060001 Use: UNUSED Depth: z93.0 Latitude: 33.5475 Lon~litude: -117.1 Surface Elevation: 12oo. ' VISTA address includes enhanced city and ZIP. For more information call VISTA InformarJon Solutions Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Verdon 2.6.1 Page Well ID: Latitude: Longitude: Quadrang Surface ElE Agency Adc Well ID: [on~udo: Su~ace Elev; Agency Ade Well ID: Use: [on,Rude: Su~ace ~ew Static Water Level: 54.00 County FIPS: 6065 Agency Address: SAME AS ABOVE 333224117062701 DOMESTIC 240,0 33.54 -117.1075 BACHELOR MTN Quadrangle Name: Surface Elevation: 1190. 6065 Agency Address: SAME AS A60VE 333334117050001 UNUSED 63.00 33.559444444444 · 117.0833333333 Surface Elevation: Date Well Drilled: 01/01/1950 6065 Agency Address: SAME A5 ABOVE 333232117064501 UNUSED 82.00 33.542222222222 Surface Elevation: 7175. Static Water Level: 7~00 6065 · VISTA address includes enhanced city and ZIP. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report_: June 9, 1999 Version 2.6.1 Page #10 Well ID: - Latitude: Longitude: Agency Add Well ID: Lon[litude: Surface Elev; A,g"cy Add Well ID: latitude: [on,Rude: Su~ace Elev~ Agency Address: SAME AS A60V6 333235117064701 IRRIGATION 33.543055555555 - 117.1130555555 Surface Elevation: ~ 160, Static Water Level: 77.00 Date Well Drilled: 01/01/1962 6065 Agency Address: SAMEASABOVE 333343117050001 33,567944444444 · 117,0833333333 Surface Elevation: 1375. 6065 Agency Address: SAME A5 ABOVE 333346117050301 UNUSED 28.00 33.562777777777 -117.0841666666 Surface Elevation: 1375. Date Well Drilled: 01/01/1920 6065 · VISTA address includes enhanced city and ZIP. For more information call VISTA InformaUon Solutions, Inc. at I - 800 - 767 - 0403. Report. ID: 993070001 Date of Report: June 9, 1999 Ve~ion 2.6. I Page #11 i ~gency Address: SAME AS ABOVE Well ID: 333347117045901 Latitude: 33.563055555555 Longitude: -117,0830555555 ;ufface Elevation: ?375. Date Well Drilled: 01/01/7950 Agency Address: Well ID: SAME AS ABOVE 333245117065601 Latitude: 33.545833333333 Lon~litud e: - 17 7.1755555555 Surface Elevation: 12oo. County FIPS: 6065 I Ii Agency Address: SAME AS ABOVE Well ID: 333146117050401 Use: UNUSED Depth: 906.0 Latitude: 33.53 Longitude: .717.o~4~44444 Swface Elevation: 1370, Static Water Level: 246.00 Date Well Drilled: 01/01/1966 Count~/FIPS: 6066 Agency Address: Well ID: Use: SAME A5 ABOVE 333405117063301 STOCK * VISTA address includes enhanced city and ZIP. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of' Report: June 9, 1999 Vernon 2.6.1 Page #12 Depth: 63.00 Latitude: 33,568055555555 Longitude: -117.1091666666 Sur[ace Elevation: 1315, Date Well Drilled: 07/07/1950 County FIPS: 6065 * VISTA address includes enhanced city and ZIP. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date ol~ Report: June 9, 1999 Version 2.6.1 Page #13 Facility Type: Facility Status: Pemtit Status: Agency Address: Facility lype: Facility Status: Permit Status: Agency Addre.~ Solid Waste Inv~ Facility Type: Facility In State System: Chapter 15 Fac Solid Waste Ass I'oxic Pits Clean RCRA Facility: Department of I To Public: Open Number Of Was Rank: Enforcements A Violations At Fa Agency Address: SAME AS ABOVE NOT A VAILABL E NOT A VAILABL E NOT A VAILABL E TEMECULA RAINBOW CANYON RD, TBS R2W TEMECULA, CA SOLID WASTE DiSPOSAL FACILITY CLOSED OTHER Agency Address: SAME AS ABOVE Solid Waste Inventory System ID: NOr REPORTED Facility Type: Nm reported Facility In State Board Waste Discharger NO System: Chapter lS Facility: NO Solid Waste Assessment Test Facility: NO I'oxic Pits Cleanup Act Facility: NO RCRA Facility: NO Depmtment of Defense Facility: NO Open To Public: NO Number Of Waste Management Units: ~ Rank: ~4 Enforcements At Facility: NO Violations At Facility/: NO ° VISTA address includes enhanced city and ZIP. For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Vernon 2.6.1 Page !14 Agency Address: SAME AS ABOVE Solid Waste Inventory System ID: NOT REPORTED Facility Type: SOLID WASTE SITES-CLASS Ill - Landfills for nonhazardous solid was~es. Facility In State Board Waste Discharger NO System: Chapter 15 Facility: NO Solid Waste Assessment Test Facility: NO Toxic Pits Cleanup Act Facility: NO RCRA Facility: NO Department of Defense Facility: NO Open To Public: NO Number Of Waste Management Units: Rank: NOr REPORTED Enforcements At Facility: NO Violations At Facilit.y: YES id u § Agency Address: 5AMEASABOVE Facility ID: 88124 Remediation Status: CLOSED/ACTION COMPLETED Media Affected: SOIL ONLY 15 IMPACTED Description / Comment: EMPLOYEE ID: 3 Agency Address: Facility ID: TPJ WEST/PACIFIC SOD 45620 PALA RD E RANCHO CALiFORNIA, CA 92390 9UT1418 Leak Report Date: 07/05/88 Site Assessment Plan Submitted: 07/06/89 Site Assessment Began: 12/01/88 Case Closed Date: 05/18/~9 Substance: UNLEADED GASOLINE Remediafion Event: EXCAVATE AND TREAT Remediafion Status: c~s£ CLOSED Media Affected: SOIL ONLY Region / District: SAN DIEGO REGION Description / Comment: COUNTY: RIVERSIDE Description / Comment: REVIEW DATE:07~29~93 * VISTA address includes enhanced city and ZIP. For more information call VISTA Information Solutions, Inc, at 1 - $00 - 767 - 0403. Report ID: 993070001 Vets/on 2.6. I Date of Report: June 9, 1999 Page 115 - Agency Address: TRI WEST/PACIFIC SOD 45620 PALA RD E RANCHO CALIFORNIA, CA 92390 Facility ID: gur?4?s Leak Date: o7/o5/6s ~t Date: o7/o5/86 Site Assessment Began: rz/o~/ss Case Closed Date: o5/le/89 ~; TANK CLOSURE ~ UNKNOWN Leak Source: UNKNOWN ~ UNLEAD GASOL ~ EXCAVATEAND TREAT ~ LEAK STOPPED BY: CLOSETANKLEAK STOP DATE: 07/05/88 ~ CASE CLOSED ~ SOIL ONLY ~ LOCASENUM: 88-412,6ASINNUM:,GWDEPTH: * VISTA address includes enhanced city and ZIP.  at 1 - 800 - 767 - 0403. For more information call VISTA Information Solutions, Inc. Report ID: 993070001 Date of Report: June 9, 1999 Vercion 2.6.1 Page #16 NPL SRC#: 5593 SPL SRC#: 5455 CORRACTS SRC#: 5596 ' VISTA conducts a database search to identify all sites within 2. mile of your property. The agency release date for NPL was February, 1999. The National Priorities List (NPL) is the EPA's database of uncontrolled or abandoned hazardous waste sites identified for priority remedial actions under the Superfund program. A site must meet or surpass a predetermined hazard ranking system score, be chosen as a state's top priority site, or meet three specific criteria se[jointly by the US Dept of Health and Human Services and the US EPA in order to become an NPL site. VISTA conducts a database search to identify all sites within 2. mile of your property. The agency release date for Calsites Database: Annual Workplan Sites was October, 1998. The CalSites database contains information on properUes (or "sites") in California where hazardous substances have been released, or where the potential for such a release exists. This database is used primarily by the Department of Toxic Substances Control to evaluate and track activities at sites that may have been affected by the release of hazardous substances. Aisc see SPL/SCL: Annual Work Plan (AWP) sites are cleassified as SPL and all the other sites are classified as SCL. VISTA conducts a database search to identify all sites within 2. mile of your property. The agency release date for HWDMS/RCRIS was February, 1999. The EPA maintains this database of RCRA facilities which are undergoing "corrective action". A "corrective action order" is issued pursuant to RCRA Section 3008 (h) when there has been a release of hazardous waste or constituents into the environment from a RCRA facility. Corrective actions may be required beyond the facility's boundary and can be required regardless of when the release occurred, even if it predates RCRA. CERCL1S SRC#: 5594 VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for CERCLIS was January, 1999. The CERCLIS List contains sites which are either proposed to or on the National Priorities List(NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL The information on each site includes a history of all pre-remedial, remedial, removal and community relations activiies or events at the site, financial funding information for the events, and unrestricted enforcement activities. For more informaUon call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Felon 2.6,1 Page #17 Cai Cerclis SRC#: 2462 NFRAP SRC#:5595 SCL SRC#:5454 RCRA-TSD SRC#: 5596 SWLF SRC#: 5689 VISTA conducts a data base search to identify all sites within 1.5 mile of your property. The agency release date for Ca Cerclis w/Regional Utility Description was June, 1995. This database is provided by the U.S. Environmental Protection Agency, Region 9. The agency may be contacted at:. These are regional utility descriptions for California CERCLIS sites. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for CERCLIS-NFRAP was January, 1999. NFRAP sites may be sites where, following an initial investigation, no contamination was found, contamination was removed quickly, or the Contamination was not serious enough to require Federal Superfund action or NPL consideration. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Calsites Database: All Sites except Annual Workplan Sites (incl, ASPIS) was October, 1998. The CalSites database contains information on properties (or "sites") in California where hazardous substances have been released, or where the potential for such a release exists. This database is used primarily by the Department of Toxic Substances Control to evaluate and track activities at sites that may have been affected by the release of hazardous substances. Aisc see SPt/SCL: Annual Work Plan (AWP) sites are cleassified as SPt and all the other sites are classified as SCL. The CalSites database includes both known and potential sites. Two- thirds of these sites have been classified, based on available information, as needing "No Further Action" (NFA) by the Department of Toxic Substances Control. The remaining sites are in various stages of review and remediation to determine if a problem exists at the site. Several hundred sites have been remediated and are considered certified. Some of these sites may be in long term operation and maintenance. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for HWDM//RCRIS was February, 1999. The EPA's Resource.Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA Facilities database is a compilation by the EPA of facilities which report generation, storage, transportation, treatment or disposal of hazardous waste. RCRA TSDs are facilities which treat, store and/or dispose of hazardous waste. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Ca Solid Waste Information System (SWIS) was December, 1998, This database is provided by the Integrated Waste Management Board. The agency may be contacted at: 916-255-4021. The California Solid Waste Information System (SWIS) database consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations pursuant to the Solid Waste Management and Resource Recovery Act of 1972, Government Code Section 2.66790(b). Generally, the California Integrated Waste Management Board learns of locations of disposal facilities through permit applications and from local enforcement agencies. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Vernon 2.6. I Page 118 . Riverside County Landfill SRC#: 3802 WMUDS SRC#: 5368 LUST SRO#: 5116 LUST $RC#: 5366 LUST SRC#: 5448 LUST SRO#: 5452 LUST SRC#: 5497 VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Exempt Site Inventory List within Riverside County was March, 1997. This database is provided by the Riverside Department of Health, Local Solid Waste Enforcement Agency. The agency may be contacted at: 909-955-8982. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Waste Management Unit Database System 0NMUDS) was October, 1998. This database is provided by the State Water Resources Control Board. The agency may be contacted at: 916-892-0323. This is used for program tracking and inventory of waste management units. This system contains information from: Facility, Waste Management Unit, SWAT Program and Report Summary Information, Chapter 15 (formerly Subchapter 15), TPCA and RCRA Program Information, Closure Information; also some information from the WDS (Waste Discharge System). The WMUDS system also accesses information from the following databases from the Waste Discharger System (WDS): Inspections, Violations, and Enforcements. The sites contained in these databases are subject to the California Code of Regulations - Title 23. Waters. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date [or Region #8-SLIC List was June, 1998. This da[abase is provided by the Regional Water Quality Control Board, Region #8. The agency may be contacted at: 909-782-4499. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Region #7-Colorado River Basin Leaking Underground Storage Tank Listing was August, 1996. This database is provided by the Regional Water Quality Control Board, Region #7. The agency may be con[acted at: 760-346-749% VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Riverside County~Lisfing of Underground Tank Cleanup Sites was October, 1999. This database is provided by the Riverside County Environmental Health Department, Haz Mat Division. The agency may be contacted at: 909-358-5055. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date I~or Region #8-Santa Ana Regional Underground Tank Database List was October, 1998. This database is provided by the Regional Water Quality Control Board, Region #8. The agency may be contacted at: 909-782-4499. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date I'or Lust Information System (LUST:S) was October, 1998. This database is provided by the California Environmental Protection Agency. The agency may be contacted at: 916-445-6532. For more information call VISTA InformaUon Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Ve~o~ 2.6.1 Page t19 fl § LUST SRC#: 5670 LUST SRC#: 5671 CORTESE SRC#: 4840 VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Lahontan Region LUST List was January, 1999. This database is provided by the Lahontan Region Six South Lake Tahoe. The agency may be contacted at: 916-542-5400. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Region #9 Leaking Underground Storage Tank List was December, 1998, This database is provided by the Regional Water,Quality Control Board, Region #9. The agency may be contacted at: 619-467-2975. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Cortese List-Hazardous Waste Substance Site List was April, 1998. This database is provided by the Office of Environmental Protection, Office of Hazardous Materials. The agency may be contacted at: 916-445-6532. The California Governor's Office of Planning and Research annually publishes a listing of potential and confirmed hazardous waste sites throughout the State of California under Government Code Section 65962.5. This database (CORTESE) is based on input from the following: (1)CALSlTES-Department of Toxic Substances Control, Abandoned Sites Program Information Systems; (2)SARA Title III Section III Toxic Chemicals Release Inventory for 1987, 1988, 1989, and 1990; (3)FINDS; (4)HWlS-Department of Toxic Substances Control, Hazardous Waste Information System. Vista has not included one time generator facilities from Cortese in our database.; (5)SWRCB-State Water Resources Control Board; (6)SWlS-Integrated Waste Management Control Board (solid waste facilities); (7)AGT25-Air Resources Board, dischargers of greater than 25 tons of criteria pollutants to the air; (8)A1025-Air Resources Board, dischargers of greater than 10 and less than 25 tons of criteria pollutants to the air; (9)LTANK-SWRCB Leaking Underground Storage Tanks; (IO)UTANK-SWRCB Underground tanks reported to the SWEEPS systems; (11)lUR-Inventory Update Rule (Chemical Manufacturers); (12)WB-LF-Waste Board - · Leaking Facility, site has known migration; (13)WDSE-Waste Discharge System - Enforcement Action; (14)DTSCD-Department of Toxic Substance Control Docket. For more informaUon call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 VeGion 2.6.1 Page #20 I Deed ReslTictJons SRC#: 1703 Toxic Pits SRC#: 2229 VISTA conducts a data base search to identify all sites within 1.5 mile of your property, The agency release date for Deed Restriction Properties Report was April, 1994. This database is provided by the Department oi~ Health Services-Land Use and Air Assessment. The agency may be contacted at: 916-323-3376. These are voluntary deed restriction agreements with owners of property who propose building residences, schools, hospitals, or day care centers on property that is "on or within 2,000 Ceet of a significant disposal of hazardous waste". California has a statutory and administrative procedure under which the California Department of Health Services (DHS) may desigr~ate real property as either a "Hazardous Waste Property" or a "Border Zone Property" pursuant to California Health Safety Code Sections 25220-25241. Hazardous Waste Property is land at which hazardous waste has been deposited, creating a significant existing or potential hazard to public health and safety. A Border Zone Property is one within 2,000 feet of a hazardous waste deposit. Property within either category is restricted in use, unless a written variance is obtained from DHS. A Hazardous Waste Property designation results in a prohibition of new uses, other than a modification or expansion of an industrial or manufacturing facility on land previously owned by the facility prior to January 1, 1981. A Border Zone Property designation results in prohibition of a variety of uses involving human habitation, hospitals, schools and day care center. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for Summary of Toxic Pits Cleanup Facilities was February, 1995. Water Wells SRC#: 5384 This database is provided by the Water Quality Control Board, Division of Loans Grants. The agency may be contacted at: 916-227-4396. VISTA conducts a database search to identify all sites within 1.5 mile of your property. The agency release date for USGS WATER WELLS was March, 1998. I 'O The Ground Water Site Inventory (GWSI) database was provided by the United States Geological Survey (USGS). The database contains information for over 1,000,000 wells and other sources of groundwater which the USGS has studied, used, or otherwise.had reason to document through the course of research. The agency may be contacted at 703-648-6819. RCRA-Viols/Enf VISTA conducts a database search to identify all sites within 1.25 mite of your property. The agency release date for HWDMS/RCRIS was February, 1999. The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and [racks hazardous waste from the point of generation to the point of disposal. The RCRA Facilities database is a compilation by the EPA of I:acilities which report generation, storage, transportation, treatment or disposal of hazardous waste. RCRA Violators are facilities which have been cited for RCRA Violations at least once since 1980. RCRA Enforcements are enforcement actions taken against RCRA violators. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report: Jane 9, 1999 Ve~on 2.6.1 Page #21 USTs SRC#:1612 US'Ts SRC#: 5451 AST's SRC#: 5513 VISTA conducts a database search to identify all sites within 1.25 mile of your property. The agency release date for Underground Storage Tank Registrations Database was January, 1994. This database is provided by the State Water Resources Control Board, Office of Underground Storage Tanks. The agency may be contacted at: 916-227-4337; Caution-Many states do not require registration of heating oil tanks, especially those used for residential purposes. VISTA conducts a database search to identify alLsites within 1.25 mile of your property. The agency release date for Riverside County UST List was October, 1998. This database is provided by the Riverside County Environmental Health. The agency may be contacted at: 909-358-5055; Caution-Many states do not require registration of heating oil tanks, especially those used for residential purposes. VISTA conducts a database search to identif}/all sites within 1.25 mile of your property. The agency release date for Aboveground Storage Tank Database was December, 1998. This database is provided by the State Water Resources Control Board. The agency may be contacted at: 916-227-4364. 1RIS VISTA conducts a database search to identify all sites within 1.25 mile of your SRC#: 4946 property. The agency release date for TRIS was January, 1998. Section 313 of the Emergency Planning and Community Right-to-Know Act (also known as SARA Title iii) of 1986 requires the EPA to establish an inventory of Toxic Chemicals emissions from certain facilities( Toxic Release Inventory System), Facilities subject to this reporting are required to complete a Toxic Chemical Release Form(Form R) for specified chemicals. ERNS SRCa: 4939 VISTA conducts a database search to identi~ all sites within 1.125 mile or your property. The agency release date for was July, 1998. The Emergency Response Notification System (ERNS) is a national database containing records from October 1986 to the release date above and is used to collect information for reported releases of oil and hazardous substances. The database contains information from spill reports made to federal authoriUes including the EPA, the US Coast Guard, the National Response Center and the Department of Transportation. The ERNS hotline number is (202) 260-2342. For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 Vetch 2,6.1 Page ,f22 RCRA-LgGen SRC#: 5596 RCRA-SmGen SRC#:5596 VISTA conducts a database search to identify all sites within 1.125 mile of your property. The agency release date for HWDM$/RCEI$ was February, 1999. The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA Facilities database is a compilation by the EPA of facilities which report generation, storage, transportation, treatment or disposal of hazardous waste. RCRA Large Generators are facilities which generate at least 1000 kg./month of non-acutely hazardous waste ( or 1 kg./month of acutely hazardous waste). VISTA conducts a data base search to identify all'sites within 1.125 mile of your property. The agency release date for HWDMS/RCRIS was February, 1999. The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA Facilities database is a compilation by the EPA of facilities which report generation, storage, transportation, treatment or disposal of hazardous waste. RCRA Small and Very Small generators are facilities which generate less than 1000 kg./month of non-acutely hazardous waste. For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403. Report ID: 993070001 Date of Report: June 9, 1999 ~ Pacific Treatment ~ June 8, 1999 Gradient Engineers, Inc. ~ Attn: Molly Hennessey ~ 3934 Murphy Canyon Road, Su ~ San Diego, California 92123 I Please find the following enclos · 1) Analytical Report · 2) QA/QC Report I 3) Chain of Custody Form I Samples were analyzed pursum 1I methodologies. Date of extract ~ for each compound analyzed. ~ I fi-om sample collection. _ Data for each analytical methoi ~ applicable to the methodology: tm · Quality Control Standard [~ · Surrogate Percent Recovery - · Laboratory Control Sample · · Ma~ix Spike Recovery/Mat I · Relative Percent Difference I certify that this data report is in corn, this hardcopy data report has been au L/Vice President/Laboratory Director1 4340 Viewridge Avenue, Suite A · San Diego, CA 92123 Analytical Services, Inc. (619) 560-7717 · Fax (619) 560-7763 Analytical Chemistry Laboratory 3934 Murphy Canyon Road, Suite B204 Project 1qameYNo.: Roripaugh Ranch Laboratory Log No.: 1073-99 Date Received: 06/02/99 Sample Matrix: Fifteen soil samples PO No.: 993070-001 Please find the following enclosures for the above referenced project identified: ....................................................... Certificate of Analysis. ...................... · ............................... Samples were analyzed pursuant to client request utilizing EPA or other ELAP approved methodologies. Date of extraction, date of analysis, detection limits and dilution factor are reported for each compound analyzed. All samples were analyzed within the method'required holding time Data for each analytical method was evaluated by assessing the following QAJQC functions, as Laboratory Control Sample (LCS) percent recoveries for M1 analyses MaWix Spike Recovery/Matrix Spike Duplicate Recovery (MSR & MSDR) and/or Relative Percent Difference (RPD from MSR & MSDR) I certify that this data report is in compliance both technically and for completeness. Release of the data contained in this hardcopy data report has been authorized by the following signature. Water · Soil · Waste · Wastewater · Marine Sediment & T~ssues· Elutriate Analyses That Produce Results! ANALYTE BETA-BHC CHLORDANE DDD 8~°UI~OGATE PARAMETER ANALYSIS RESULTS - EPA 8080 ORGANOcItLORINE PESTICIDES CLIENT: GRADIENT ENGINEERS, INC. PKOIECTNAME/No.: RORIPAUGH RANCH PTAS LOG #: METHOD BLANK 1 DATE SAMPLED: N/A DATE RECEIVED: N/A DATE EXTRACTED: 06/0~99 DATE ANALYZED: 06/04/99 MATRIX: SOLID SAMPLEVOL./WT.: 30 G REPORTING LIMITS PPB (UG/KG) RESULTS PPB (UG/KG) DIELDRIN ENDOSULFAN I ENDOSULFAN II ENDOSULFAN/SULFATE ENDRIN ENDRIN ALDEHYDE HEPTACHLOR HEPTACHLOR EPOXIDE METHOXYCHLOR 2 ND 2 ND 2 ND 2 ND 2 ND 20 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 2 ND 20 ND 25 ND ND = ANALY~E NOT DETE~.-I'ED AT OR ABOVE THE INDICATED REPORTING LIMIT REPORTING LIMITS AND RESULTS HAVE BEEN ADFUS 1 ~lJ ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. ACCEPTABLE RECOVERIES 26-146 % RECOVERY 98 I Pacific Treatment ~nalytical Services, lnc. 4340VlewfldgeAve.,$uiteA.SanDlego, GA92123 (G19)SGO-7717 FAX (619) S60-7763 ! ANALYSIS RESULTS - EPA 8080 ORGANOCHLORINE PESTICIDES GRADIENT ENGINEERS, INC, PROJECT NAME/No.: ROKIPAUGH RANCH PTAS LOG #: 1073-99-1 SAMPLE ID: SI-I' DILUTION FACTOR: 1 DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLE VOL./WT.: 30 G ANALYTE REPORTING LIMITS RESULTS PPB (UG/KG) PPB (UG/KG) ALDRIN 2 ND ALPHA-BHC 2 ND BETA-BHC 2 ND GAMMA-BHC 2 ND DELTA~BHC 2 ND CHLORDANE 20 ND 4,4-DDD 2 ND 4,4-DDE · 2 ND 4,4-DDT · 2 ND DI~'J ,DRIN 2 ND ENDOSULFAN I 2 ND ENDOSULFAN II 2 ND ENDOSULFAN SULFATE 2 ND ENDKIN 2 ND ENDRIN ALDEHYDE 2 ND HEPTACHLOR 2 ND HEPTACHLOR EPOXIDE 2 ND METHOXYCHLOR 20 ND TOXAPHENE 25 ND ND = ANALYTE NOT DETF_~i'~D AT OR ABOVE THE INDICATED REPORTING LIMIT REI~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLy TO ACCOUNT FOR DILUTION FACTOR. SURROGATE PARAMETER TCMX ACCEPTABLE RECOVERIES 26-146 % RECOVERY 95 Pacific Treatment Analytical Services, Inc. 4340 Viewfldge Ave., Suite A. San Diego. CA 92123 (619) 560-7717 F~X (619) 560-7763 ANALYSIS RESULTS - EPA 8080 ORGANOCHI~RINE PESTICIDES GRADIENT ENGINEERS, INC. PROJECTNAMEfNo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-2 SAMPLE ID: S2-1' DILUTION FACTOR: 1 ANALYTE REPORTING LIMITS PPB (UG/KG) 2 2 2 20 2 2 2 2 2 2 2 2 2O SURROGATE PARAMETER ACCEPTABLE RECOVERIES TCIVD< 26-146 DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLEVOL./WT,: 30 O RESULTS PPB (UG/KG) ALDRIN ND ALPHA-BHC ND BETA-BHC ND GAMMA-BHC ND DELTA~BHC ND CHLORDANE ND 4,4-DDD ND 4,4-DDE ND 4,4~DDT ND DIELDRIN ND ENDOSULFAN I ND ENDOSULFAN II ND ENDOSULFAN SULFATE ND ENDRIN ALDEHYDE ND HEPTACHLOR ND HEPTACHLOR EPOXIDE ND METHOXYCHLOR ND ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. % RECOVERY Pacific Treatment Analytical Services, Inc. 4340 '~ewfldge Ave., Suite A- San Diego. CA 92123 (619) 560-7717 F~X (619) 560-7763 ANALYSIS RESULTS - EPA 8080 ORGANOCHLORINE PESTICIDES CLIENT: GRADIENT ENGINEERS, INC. PROIECT NAMEfi~o.: ROR1PAUGH RANCH PTAS LOG #: 1073-99-2 (DUPLICATE) SAMPLE ID: $2- I' (DUPLICATE) DILUTION FACTOR: DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLE VOL./WT.: 30 G ANALYTE REPORTING LIMITS RESULTS PPB COG/KG) PPB (UG/KG) ALDRIN 2 ND ALPHA-BHC 2 ND BETA-BHC 2 ND GAMMA-BHC 2 ND DELTA-BHC 2 ND CHLORDANE 20 ND 4,4-DDD 2 ND 4,4-DDE 2 ND 4,4-DDT 2 ND DIELDRIN 2 ND ENDOSULFAN I 2 ND ENDOSULFAN II 2 ND ENDOSULFAN SULFATE 2 ND ENDRIN 2 ND ENDRIN ALDEHYDE 2 ND HEPTACI-ILOR 2 ND HEPTACHLOR EPOXIDE 2 ND METHOXYCI-ILOR 20 ND TOXAPHENE 25 ND ND= ANALYTE NOT DETECTED AT OR ABOVE TH~ INDICATED REPORTING LIMIT P, Ei~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. SURROGATE PARAMETER TCMX ACCEPTABLE RECOVERIES 26-146 % RECOVERY 96 Pacific Treatment Analytical Services, Inc. 4340 Vlewfldge Ave., StdteA,SanDlego, GA92123 (619) 560-7717 FAX (619) 560-7763 ANALYSIS RESULTS - EPA 8080 ORGANOCHLORINE PESTICIDES CLIENT: GRADIENT ENGINEERS, 1NC. PROIECTNAMEINo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-5 SAMPLE ID: S5-1' DILUTION FACTOR: 1 ~ ANALYTE REPORTING LIMITS PPB (UG/KG) 2 2 2 20 2 2 2 2 2 2 2 2 20 SURROGATE PARAMETER ACCEPTABLE RECOVERIES i TClvfX 26-146 II DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLE VOL./WT.: 30 G RESULTS PPB (-'JG/KG) ALDRIN ND ALPHA-BHC ND BETA-BHC ND GAMMA-BHC ND DELTA-BHC ND CHLORDANE ND 4,4-DDD ND 4,4-DDE ND 4,4-DDT ND DIELDRIN ND ENDOSULFAN I ND ENDOSULFAN ~ ND ENDOSULFAN SULFATE ND ENDRIN ND ENDRIN ALDEHYDE ND HEPTACHLOR ND HEPTACHLOR EPOXIDE ND METHOXYCHLOR ND ND ~ ANALYTE NOT DE ~ ~c.'TED AT OR ABOVE THE INDICATED REPORTING LIMIT REI~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. % RECOVERY 98 Pacific Treatment Analytical Services, Inc. 434o w~doe Ave., s~t~ ~. san Diego, CA 92123 (619) 560-7717 FAX (619) 560-7763 ANALYSIS RESULTS - EPA 8080 ORGANOCHLORINE PESTICIDES CLIENT: GRADIENT ENGINEERS, INC. PROJECT NAMEiNo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-6 SAMPLE ID: S6-1' DILUTION FACTOR: I DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLE VOL./WT.: 30 G ANALYTE REPORTING LIMITS RESULTS PPB (UG/KG) PPB COG/KG) ALDRIN 2 ND ALPHA-BHC 2 ND BETA-BHC 2 ND GAIvIMA-BHC 2 ND DELTA-BHC 2 ND CHLORDANE 20 ND 4,4-DDD 2 ND 4,4-DDE 2 ND 4,4-DDT 2 ND DIELDRIN 2 ND ENDOSULFAN I 2 ND ENDOSULFAN II 2 ND ENDOSULFAN SULFATE 2 ND ENDRIN 2 ND ENDKIN ALDEHYDE 2 ND HEPTACHLOR 2 hD HEPTACHLOR EPOXIDE 2 ND METHOXYCHLOR 20 ND TOXAPHENE 25 ND ND = ANALYTE NOT DE'rECTED AT OR ABOVE THE INDICA ~ tatJ REPORTING LIM1T REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. SURROGATE PARAMETER TC/vlX ACCEPTABLE RECOVERIES 26-146 % RECOVERY 95 Pacific Treatment Analytical Services, Inc. 4340 ww~d;, Ave., sate A. San Dido, CA 92123 (619) 560-}'717 lAX (619) 560-7763 ANALYSIS RESULTS - EPA 8080 ORGANOCHLORINE PESTICIDES CLIENT: GRADIENTENG1NEERS, INC. PROIECT NAME/No.: ROR. IPAUGH RANCH PTA$ LOG #: 1073-99-7 SAMPLE ID: S7-1' DILUTION FACTOR: 1 ANALYTE REPORTING LIMITS PPB (UG/KG) ALDRIN 2 ALPHA-BHC 2 BETA-BHC 2 GAMMA-BHC 2 DELTA-BHC 2 CHLORDANE 20 4,4-DDD 2 4,4-DDE 2 4,4~DDT 2 DIELDRIN 2 ENDOSULFAN I 2 ENDOSULFAN II 2 2 20 TOXAPHENE 25 ACC . L RECOVE 826.46 DATE SAM?LED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/04/99 MATRIX: SOIL SAMPLE VOL./WT.: 30 G ND = ANALYTE NOT D~ l ,~A."rED AT OR ABOVE THE INDICATED REPORTING LIMIT REPORTING LIIvIITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. Pacific Treatment Analytical Services, Inc. 4340 View~tdQe Ave., Suite A- San Diego, CA 92123 RESULTS PPB (UG/KG) % RECOVERY 101 (619) 560-7717 FAX (619) 560-7763 I QA/QC REPORT METHOD: EPA 8050-SOIL ACCEPTABLE ACCEPTABLE DATE ANALYZED: 06/04/99 LCS,MS/MSD RPD QA/QC SAMPLE: 1073-99-2 CRITERIA CRITERIA SPIKED ANALYTE LCS % R MS % R MSD % R RPD % % GAMMA-BHC 99 95 93 2 32-127 <30 I-~PTACHLOR 99 98 96 2 34-111 <30 ALDRIN 87 85 85 0 42-122 <30 DIELDRIN 108 108 108 0 - 36-146 <30 ENDRIN 127 100 98 2 30-147 <30 4,4-DDT 110 119 115 3 25-160 <30 LCS % R = LABORATORY CONTROL SAMPLE PERCENT RECOVERY MS % R = MATRIX SPIKE PERCENT RECOVERY MSD % 1% = MATRIX SPIKE DUPLICATE PERCENT P. ECOVERY RPD = RELATIVE PERCENT DIFFERENCE Pacific Treatment Analytical Services, Inc. 4340 Vlewfldge Ave., Suite A. San Diego. CA 92123 (619) 560-7717 FAX (619) 560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROJECTNAME/No.: RORIPAUGH RANCH PTAS LOG #: METHOD BLANK CLIENT SAMPLE ID: N/A DILUTION FACTOR: 1 DATE SAMPLED: N/A DATE RECEIVED: N/A DATE EXTRACTED: 06/02/99 DATE ANALYZED: 06/02/99 MATRIX: SOLID SAMPLE VOL/WT.: l0 O ~ ANALYTE C8 < HC C8 < HC < C9 C9 < HC < Cl0 CI0 < HC < Cf1 Cll < HC < C12 C12 < HC < C14 C14 < HC < C16 C16 < HC < C18 ._< < c2o C20 < HC < C24 C24 < HC < C28 C28 < HC < C32 C32 ~ ItC < C36 C36 S HC < CA0 CA0 ~ HC REPORTING LIMITS PPg (MG/KG) RESULTS PPg (MG/KG) I ND I ND I ND I ND 1 ND I ND 1 ND 1 ND I ND 1 ND I ND I ND I ND 1 ND 1 ND TOTAL HC ND TPH IDENTI~'ICATION: NONE HC = HYDROCARBON D ND ~ ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN AD3USTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. Pacific Treatment Analytical Servfces, Inc. 4340 Vtev, nldge Ave., Stdte A. San Diego, CA 92123 (619) 560-7717 FAX (619) 560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROJECTNAME/No.: RORIPAUGH RANCH PTAS LOG #: 1073-99-8 CLIENT SAMPLE ID: SS1-2" DILUTION FACTOR: 1 DATE SAMPLED: 06/01/99 DATE RECEIVED: 06/02/99 DATE EXTRACTED: 06/02/99 DATE ANALYZED: .06/02/99 ML~TPJX: SOE, SAMPLE VOL,/WT,: 10 G ANALYTE REPORTING LIMITS RESULTS PPM (MG/KG) PPM (MG/KG) ~ HC I ND i HC < C9 1 ND < HC < C10 I ND C10 _< HC < CI1 1 ND Cll -< HC < C12 1 ND C12 -~ HC < C14 I ND C14 _~ HC ~ C16 I I C16 -< HC < cig I 4 C18 ~.HC < C20 I 6 C20 _< HC < C24 1 13 C24 _< HC < C28 1 60 C28 < HC < C32 1 180 C32 ~ HC < C36 1 101 C36 ~ HC < CiO 1 81 C40 _~ HC I 37 TOTAL HC 1 483 'rPH IDENTIIqCATION: WEATHERED DIESEL & WASTE OIL HC = HYDROCARBON ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILD'rlON FACTOR. [Pacific TreatmentAna/ytlcalServices, lnc. 4340¥1ewfldgeAve.,ScdteA.$anDlego, CA92123 (619)560-7717 FAX(619)560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 ~LIENT: GRADIENT ENGINEERS, INC. PROJECTNAME/No.: RORIPAUGH RANCH PTAS LOG #: 1073-99-9 CLIENT SAMPLE ID: SS2-2" DILUTION FACTOR: 10 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: MATRIX: SAMPLE VOL./WT.: 06~1~9 06~2~9 06/02~9 06~3~9 SOIL 10G REPORTING LIMITS PPM (MG/KG) RESULTS PPM 0VIG/KG) 10 ND < C9 10 ND < C10 I0 ND < Cll 10 ND < C12 10 ND < C14 10 ND < C16 10 11 < C18 10 40 < C20 10 126 < C24 10 276 < C28 10 1,560 < C32 10 770 < C36 I0 220 < CA0 10 200 10 70 C8 _< HC C8 ~ HC C9 _< HC C10 < HC Cll < HC C12 < HC C14 _< HC C16 ~ HC C18 -< HC C20 _< HC ~ HC ~ HC -< HC C36 < HC CA0 < HC TOTAL HC l 0 3,570 TPH IDENTII~'ICATION: WEATHERED DIESEL & WASTE OIL ND = ANALYTE NOT D~l I~CTF. D AT OR ABOVE THE INDICATED REPORTING LIMIT. Pacific Treatment Analytical Services, Inc. 4340 ¥~vftdge Ave.. Suite A. San Diego. CA 92123 (619) 560-7717 (619) 560-7763 il ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROJECT NAMF_JNo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-10 CLIENT SAMPLE ID: SS3-1" DILUTION FACTOR: 5 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: MATRIX: SAMPLE VOL./WT.: ANALYTE REPORTING LIMITS RESULTS 06/01/99 06/02/99 06/02/99 06/03/99 SOIL 10G PPM (MG/KG) C8 < HC 5 ND C8 < HC < C9 5 13 C9 < HC < C10 5 ND CI0 < HC < Cll 5 ND Cll < HC < C12 5 7 C12 < HC < C14 5 6 C14 < HC < C16 5 10 C16 < HC < C18 5 13 C18 < HC < C20 5 7 C20 _< HC < C24 5 12 i[i C24 < HC < C28 5 85 1228 < HC < C32 5 265 C32 < HC < C36 5 287 C36 < HC < C40 5 298 C40 < HC 5 230 PPM (MG/KG) TOTAL HC 5 1,230 TPH IDENTIFICATION: WEATHERED DIESEL & WASTE OIL HC = HYDROCARBON ND = ANALY'rE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. S~rv~ce.~, 4340 V1ewrldlle Ave.. Suite A,, San Diego. CA 92123 (619) 560-7717 FAX (619) 560-7763 Treatment Analytical Inc. ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROIECT NAIvlF_/No.: RORIPAUGH RANCH PTAS LOG #: 1073-99-11 CLIENT SAMPLE ID: SS4-1' DILUTION FACTOR: I DATE SAMPLED: DATE P~CEIVED: DATE EXTRACTED: DATE ANALYZED: SAMPLE VOL./WT.: ANALYTE REPORTING LIMITS RESULTS 06~1~9 06~2/99 06~2~9 06~2/99 SOIL 10G C8 C9 CIO Cf1 C12 C14 C16 C18 C20 1224 {232 C36 C40 < HC < HC < C9 < HC < C10 <HC < Cll < HC < C12 < HC < C14 -< HC < C16 < HC < cig < HC < C20 < HC < C24 < HC < C28 < HC < C32 < HC < C36 ~ HC < C40 -< HC PPM (MG/KG) PPM (MG/KG) ND ND ND ND ND ND 2 12 39 39 34 48 25 26 24 TOTAL HC I 249 TPH IDENTIFICATION: WEATHERED DIESEL & WASTE OIL HC =HYDROCARBON g ND = ANALYTE NOT Dia-I'BCTED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS Ay,rD RESULTS HAVE BEE]4 ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. Pacific Treatment Analytical Services, Inc. 434o vtewrlclge Ave., Suite A · San Ol~o. CA 92123 (619) 560-7717 FAX (619) 560-7763 il ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROIECT NAMF_INo,: RORIPAUGH RANCH PTAS LOG #: 1073-99-12 CLIENT SAMPLE ID: SS5-3" DILUTION FACTOR: 1 DATE SAMPLED: DATE KECEIVED: DA TE EXTRACTED: DATE ANALYZED: SAMPLE VOL./WT.: ANALYTE REPORTING L1MITS RESULTS 06~1~9 06/02~9 06/0~99 06~2~9 SO~ 10G PPM (MG/KG) PPM 0VIG/KG) C8 < HC I ND I C8 -< HC < C9 I ND C-'9 < HC < C10 1 ND C10 _< HC < Cll 1 ND I Cll < HC < C12 I ND C12 < HC < C14 1 ND C14 < HC < C16 1 ND  C16 < HC < C18 1 ND C18 < HC < C20 1 ND C20 < HC < C24 I 2 C24 ~ HC < C28 I 15 iC'28 < HC < C32 1 68 C32 ! HC < C36 1 23 C36 < HC < CA0 1 27 I C40 < HC 1 18 TOTAL HC 1 153 TPH IDENTIFICATION: WASTE OIL ND = ANALYTE NOT DETF_,CrED AT OR ABOVE THE INDICATED REPORTING LIMIT. I! Pacific Treatment Analytical Services, Inc. 4~4o g~,nldge Aw., Suite A. San Diego, CA 92123 (619) 560-7717 F~((619) 560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROJECTNAMFJNo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-13 CLIENT SAMPLE ID: SS6-2" DILUTION FACTOR: 1 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: SAMPLE VOL./WT.: ANALYTE REPORTING LhVIITS RESULTS 06/01/99 06/02/99 06/02/99 06/03/99 SOIL 10G C8 ~ HC  C8 < HC < C9 C9 < HC < C10 C10 -< HC < Cll  Cll < HC < C12 C12 < HC < C14 C14 < HC < C16  C16 -< HC < C18 C18 -< HC < C20 C20 < HC < C24  C24 < HC < C28 C28 < HC < C32 C32 _< HC < C36 C36 ~ HC < CA0 I CA0 < HC PPM (MG/KG) PPM (MG/KG) ND ND ND ND 11 ND ND 5 2 3 2 27 9 4 6 TOTAL HC §- 1 69 TPH IDENTIIqCATION: WEATHERED DIESEL & WASTE OIL HC = HYDROCARBON ND = ANALYTE NOT DE'rEulliro AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LllvllTS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. Pacific Treatment Analytical Services, Inc. 4340 ~lewfldge Aye., Suite A · San Die~o, CA 92123 (619) 560-7717 F~X(619) 56O-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 CLIENT: GRADIENT ENGINEERS, INC. PROJECTNAMFdNo.: RORIPAUGH RANCI4 PTAS LOG #: I073-99-13 (DUPLICATE) CLIENT SAMPLE ID: SS6-2" (DUPLICATE) DILUTION FACTOR: 1 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: MATRIX: SAMPLE VOL./WT.: ANALYTE REPORTING LIMITS RESULTS 06~1D9 06~2D9 06~2D9 06~3D9 SOIL 10G PPM (MO/KG) C8 ~ HC I ND I C8 -< HC < C9 I ND C9 < HC < Cl0 1 ND C10 _< HC < CI1 I ND I Cll < HC < C12 I 5 C12 < HC < C14 I ND C14 < HC < C16 1 ND C16 ~ HC < C18 1 4 C18 < HC < C20 I 1 C'20 < HC < C24 I 2 l C24 < HC < C28 I ND C28 ~ HC < C32 1 36 C32 < HC < C36 I 5 --. C36 < HC < C40 1 4 ICA0 _< HC 1 4 PPM (IvlG/KG) .. TOTAL HC I 61 TPH IDENT~'iCATION: WEATHERED DIEBEL & WASTE OIL I HC = HYDROCARBON ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILIYFION FACTOR. Pacific Treatment Analytical Servfces, Inc. 4340 ~nev, ndoe Aw., s~ A. San Die~o, CA 92123 (619) 560-7717 FAX (619) 560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM D2887 GRADIENT ENGINEERS, INC. PROJECT NAMFJNo.: RORIPAUGH RANCH PTAS LOG #: 1073-99-14 CLIENT SAMPLE ID: SS7-4" DILUTION FACTOR: 1 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: SAMPLE VOL./WT.: 06~1~9 06~2~9 06~2/99 06/03~9 sore lOG ~ ANALYTE REPORTING LIMITS PPM (MO/KG) RESULTS PPM (MG/KG C8 < HC 1 ND a C8 < HC < C9 1 ND C9 < HC < Cl0 1 ND C10 < HC < Cll 1 ND I Cll _< HC < C12 1 ND C12 < HC < C14 I ND C14 < HC < C16 I ND C16 < HC < C18 1 2  C18 < HC < C20 I ND C20 < HC < C24 I 2 .~ C24 < HC < C28 I 11 : C28 < HC < C32 1 61 t C32 < HC < C36 1 30 C36 < HC < CA0 I 22 i CA0 < HC I 13 TOTAL HC I 141 TPH IDENTIFICATION: WASTE OIL HC = HYDROCARBON ND'= ANALYTE NOT DI= t I~,,'rED AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN AD.RJSTED ACCORDINGLY TO ACCOUNT FOR DILLrrION FACTOR. Pacific Treatment Analytical Services, Inc. 4340 ~n~n~oe A~., ss A. san Diego, CA 92123 (619) 560-7717 FAX (610) 560-7763 ANALYSIS RESULTS - TPH EXTENDED RANGE BY ASTM 02887 CLIENT: GRADIENT ENGINEERS, INC. PROJECT NAME/No.: RORIPAUGH RANCH PTAS LOG #: 1073-99-15 CLIENT SAMPLE ID: SS8-3" DILUTION FACTOR: 1 DATE SAMPLED: DATE RECEIVED: DATE EXTRACTED: DATE ANALYZED: MATRIX: SAMPLE VOL./WT.: ANALYTE REPORTING LIMITS RESULTS 06/01/99 06/02/99 06/02/99 06/03/99 SOIL 10G PPM 0VIG/KG) PPM (MG,'KG) C8 -< HC 1 ND  C8 _< HC < C9 1 ND C9 < HC < Cl0 1 ND C10 < HC < CI1 1 ND Cll < HC < C12 1 2 C12 < HC < C14 1 ND C14 < HC < C16 1 ND  C16 < HC < C18 I 6 C18 < HC < C20 1 14 C20 < HC < C24 I 16  C24 < HC < C28 I 60 C28 < HC < C32 I 183 C32 < HC < C36 I 116 C36 < HC < CA0 I 101 I CA0 ~ HC I 84 TOTAL HC I 583 ii Il TPH IDENrl/~'ICATION: WEATHERED DIESEL & WASTE OIL HC -- HYDROCARBON ND = ANALYTE NOT DETEurk:D AT OR ABOVE THE INDICATED REPORTING LIMIT. REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR. Pacific Treatment Analytical Services, Inc. 4340 ~nldge &~e., Suite A · San Dle;o, C^ 92123 (619) 560-7717 FAX (619) 560-7763 QA/QC REPORT METHOD: TPH-ASTM D2887 ACCEPTABLE ACCEPTABLE LCS,MS/MSD RPD DATE ANALYZED: 06/02-03/99 CRITERIA CRITERIA SPIKEDANALYTEILCS%RI ,/oRMSsD0%R R.PD % % DIESEL 96 62* 25 75-125 <30 LCS % R-- LABORATORY CONTROL SAMPLE PERCENT RECOVERY MS % R = MATRIX SPIKE PERCENT RECOVERY MSD % R = MATRIX SPIKE DUPLICATE PERCENT RECOVERY RPD = RELATIVE PERCENT DIFFERENCE * NOTE: POOR RECOVERY AT'rRIBUTABLE TO NON-HOMOGENEITY OF SAMPLE SPLICED. ALL OTHER QC DATA INDICATES METHOD IS IN CONTROL. ~.~, Pacific Treatment Analytical Services, Inc. 4340 ~e~age A~.. su~ A · San Dla~o, CA 92123 (619) 560-7717 FAX (619) 560-7763 993070-001 SITE PHOTOS PHOTO NO. 1: View facing east ora portable tank noted in the northern area of the Site. The Roripaugh residences are located in the background. Sample SSI-2" was collected adjacent to the tank, beneath the stained soil. PHOTO NO. 2: View of petroleum stained soil located in AOC I. Sample SS5-3" was collected beneath this soil stained area. ! I 993070-001 SITE PHOTOS PHOTO NO. 3: View of unlabeled containers located in AOC 1, primarily containing whm ~pea~d to be waste oil. Soil s~ining noted and sample SS6-2" was collec~d a~acent to the one-half 55-gallon dram in the center of the photo. PHOTO No. 4: View of containers located in AOC I. The containers were unlabeled or labeled to contain oil or hydraulic fluid. Soil staining was noted in the area of the wooden pallet located in the left area of the photo. Soil sample SS7-4" was collected adjacent to the pallet beneath the stained soil. 993070-00! PHOTO NO. 5: i' View of severaJ containers located west of the workshop located in AOC 1. SITE PHOTOS PHOTO NO. 6: View ct' two dieseI ASTs located in AOC 1. Sample SS4- I' was ¢ollect:d beneath the stained soil adjacent to the nozzles. 993070-001 SITE PHOTOS PHOTO NO. 7: View facing north of a pile of miscellaneous debris located at the east end of the airstrip in AOC 2. PHOTO No. 8: View facing southwest of debris located in thc southeast area of the airstrip in AOC 2. 993070-001 ~" PHOTO NO. 9: i . View of discarded tires located in the southeast area of the airstrip in AOC 2. PI~OTO NO. 10: View facing southwest of plane hangers in AOC 2. Note the unleaded fuel AST located in the central right area of the photo. SZTE PHOTOS SITE PBOTOS PHOTO NO. ZZ: View of unlabeled 5-gallon containers located in ^OC 2. Sample 8S2-2" was collected bcnea~ the stained soil a~acent to these containers. PHOTO No. 12: View o£ shed and discarded rusted equipment parts located to thc south o1' thc airstrip in ^OC 2. PHOTO NO. 13: View of discarded rusted equipment parts located to the south of the airstrip in AOC 9. SITE PHOTOS PHOTO NO. 14: View of debris and unlabeled containers located to the south of thc airstrip. Soil sample SS3-1' was collected beneath the soil staining. 993070-001 SITE PHOTOS PHOTO NO. 15: View facing southwest of discarded debris including ASTs located in AOC 2. PHOTO NO. 16: View £acing south oi~ the AST observed in the southern area o£the Site. GRADIENT Gradient Engineers, Inc, (Gra PPl~affii~a~aiee~ 1~ i'~ i~(~n~l~ te~ t i form is part ofth~ ASTM Stanc t~ceu q;~ Snt ic~ nl~ nt ~ aw3 ;;;t ;nPsP 'wYe j?s' thorough as possible. Please r Diego office by fax (619) 268-5 If you have any questions pleas~ Thank you for your timely COOl: Respectfully submitted, ~~'//'~ '~GRADIENT ENGiNEERs, ~ StaffEnvironmental Eilgin-edr Attachment: Phase I ES Mushy Canyon R~ad, Suite B204, San Diego, CA ~2t23 A734.207 Environmental Services June 1, 1999 Project No. 993070-001 ESA Transaction Screen Questionnaire (619) 268-t32{: FAX {619) 268-519.~ Thank you for your timely cooperation. GRADIENT ENGINEERS, INC. Phasc I Environmental Site Assessment Questionnaire, 800-Acre Roripaugh Ranch, Mun'ieta, Riverside County, California Gradient Engineers, Inc., (Gradient) has been contacted by Ashby Development Company to perform a Phase I Environmental Site Assessment (ESA) at the subject site. Please take a few moments to fill out the attached questionnaire regarding the subject site. This form is part of the ASTM Standard for Phase 1 ESAs and will be included in our report. Some of the questions may not apply to your site but are included to conform with the ASTM Standard. If you do not know the answer, simply check the "Unknown (UNK.)" box. However, please be as thorough as possible. Please return the completed questionnaire by June 7, 1.999, to our San Diego office by fax (619) 268-5199, and mail the original to this office. If you have any questions please do not hesitate to contact the undersigned at (619) 268-1320. ! PHASE I ENVIRONMENTAL SITE ASSESSMENT TRANSACTION SCREEN QUESTIONNAIRE "Property Owner: Phone No.: Project Number: Site Address: .[ .State: I. Is thcp~o~;.~ or any adjolnlngproperty used for an ifldus~ial nsc? If so, p[casc state which (sobjcctproperty an~er adjacent property) 2. To thc best of your knowledge, has thc property, or any adjoining prope.*ty been used for an industrial nsc in thc past? If so, please state which (subj¢ct property und/or adjacent property) 3. Is thc property or any adjoining property, used ~ a g~clinc station, motor repair facility, commercial printing facility, do' cteancrs, photo developing laboratory, junlo/~rd or I~ndfil[, or ~z a wasta t~catmcn~ storngc, disposal, pmccsalng, or recycling facility? If so, plcaso state / which (sobjact property ~md/or adjaceni property) 4. To thc best of your knowtedge h~z thc property, or any adjoining property been used as a gasoilnc station, motor repair facility. commcmial printing facility, d~ clcuner~, photo dcvcinping laboratory, junk'yard or landfill, or as a waste treatment, storage./\ disposal, processing, or recycling facility? If so, please state which (sobjcct property and/or adjacent property) 5. Arc thcrc ,~,,,~,Gy, or to thc ~ of your k~wledge have there boca prc. vionsly, any danced or discarded automotive or indu.~.i~l bo~,xeric~, or pesticides, paints, or other chemicals in individual containers of grca~r than $ gal (19 L) in vohtmc or 50 pi (190 L) in thc, ng~cga~c, stored on or used at thc property or at thc facility? 6. Ar~ them c~c~tly, or to thc best aryans knowledge have there boun previnnsly, any industrial dr~ntr (typically 55 gal. (208 L)) or sacks of chcmic.~ts locat~ un thc property or at thc facility'/ /, 7. Hns fll d/ri been brought onto thc property that originated from a '~, COl~taznln*t~d $it~ or that is of asl tt~alowa Origin? 8. Are thc~ ~.~,~dJy, or to the bost of yoor knowledge have then: been prc~'ionsly, any pl~, /~.~, (~- ~goun.v located on the p~operty in connection with wasto nv. am~ent or wa.v~ disposal? 9. Is the~c cu,,~,Uy, or to the best of your knowledge hns them been prcvinnsly, nny stained soil on the ?~open'.v prcvionsly, nny registered or unregistered storage tanks (above or 11. Ate there ~,~,~lly, or to thc best of your knowledge have ther~ been pfevlously, any vunt ptpns, fill plpe~ or access whys indlo~iflg n fill pipe pto~ ~om the ground on the p~o..~.~ or ndjacunt to ~-~y 12. Are tbo~ ~,~,~utl.v, or to thc best of your knowledge have th~c been previously, any floming, drains, or walls inched within th~ thcility that a~ s~!---,~_ by sub~-tuncns other than ~ or are emitting foul d~slgn~cd m contamtm~ed by lay government cnvimnmentnl/he~dth 14. Doe~ the ~)e,~ ~- ~c~t~mt of the pn~pe~ty have any knowledge of envt~n~enta/Ii~n~ or governmental notification ~inting to past or reunr~nt vinlations of environmental inws with n:spec, t to the ~roperty or uny facility located on tho ?~pe~ty 15. H~ thc ormer or ~-'ct ~a~,' of the property boun informed of th~ past or .c~em existence of hazar~ou.v ~ubztance~ ~- ~etrol~um produ¢~ or env~ronmunMl violations with respect to the praperty or nny facility Iounted on the property 16. Dons the owner or (x~--upa~t of the properO, have any knowledge of any emqronmental :Itc a~se~sment of thc property or factl#y that indicatad ~ pn:scnce of hazardou~ xub#tancet or petroleum producU on, or cuntamlnatlun of, tho property or ~unmmcnded further assczzmunt of the property  ~.~c (page I of 2) (continued from page I) QUESTION YES NO UNIL COMMENTS 17. Does the owner or occupant of the property know of any threatened, or pending lawsuits or adminis*.tativ¢ proceeding~ concerning a release or threatened release of any hazardota substance ~r petroleum praduct~ involving the property by any owner or oc*upant of the property? 18. Does thc property discharge w~ste water on or adjacent to thc property other San storm water into a sanitaO, sewer system? i9. To thc best of your knowledge, have any hazardou, t substances or petroleum products, unidcntifie~t w~stc materials, tires, automotive or industrial batteries or thy other waste materials been dumped abovc . grade, buried and/or burned on thc property? 20. Is thcre a transformer, capacitor, or any hydraulic cquipmc~t for which there are any records indicating thc presence of PCBs? UNK~ ~W~'b~':~ Current Property Owner's Time Period of Ownership: ............... ~--.-:~: .......................................................... ......................................................................................... ~ ............. ~ ....................... ~ ............................................. Property Utilization During Ownershi~ ~ ~,~.~~ Additional Comments (Including site source of water, sewage disposal methods and source of heating and fuell This questionnaire was completed by: Name: ~,~_~ ~ Firm: Phone Number: Preparer presents that to the best of the preparer's knowledge the above statements and facts are true and correct an, to the best of the preparer's actual knowledge no material facts have been suppressed or misstated. Signature (page 2 of 2) A'I'i'ACHMENT NO. 2 RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX I Task Include Prior to Prior to on the Recordation Issuance of Deed of the Deed Grading Permit for the Rodpaugh Ranch Specific Plan proiect City shall grant Ashby reservations for the purpose of X improvements shown on the deed over the necessary portions of the property for grading, construction, and maintenance purposes. Ashby shall obtain approval of California Fish and Game X Department, US Fish and Wildlife Service, Army Corp of Engineers, and San Diego Water Quality Board, as required by these agencies, prior to the transfer of the 201-acre habitat property to the City. Ashby shall submit to the City a Final Biologist Monitoring X Report approved by the US Fish and Wildlife Service, prepared and certified by a biologist to: 1. Ensure that toxic species remain at baseline, 2. Ensure that the property has not been degraded by off- road vehicles, I3. Ensure that no illegal dumping has taken place. If the biologist determines these conditions exist, Ashby is obligated to take corrective actions prior to the recordation of the deed. Ashby shall provide an update to the SID Geotechnical X Environmental Compliance Report dated February 25, 2002 prepared by qualified engineer to ensure that the conditions described in the said SID report are still current. Ashby shall pay CNLM a total of $439,298.00 that includes X $3,200 for funding the interim management of the property and $436,098.00 for funding the long-term maintenance of the property. Ashby shall provide the City assurance that a $99,600 bond X has been secured with CNLM to ensure the construction of the Interim Fence and the Temporary Fence. CNLM will release the bond when Ashby constructs the permanent fencing per the requirements of the Specific Plan. City to record' the conservation deed restriction to preserve the X area as habitat open space pursuant to AD 161 Agreement immediately after the recordation of the deed. Ashby is responsible for installation and maintenance of X minimum 4' high Interim Fence ("snow fence") for the purpose of controlling access and preserving the habitat areas prior to land during the grading process. Ashby shall perform all conditions required in regards to the fencing. R:~S P~oHpaugh Ranch SP, ncvAOS Pm'chase and Sales Agreement CC 5-13-03.doc 8 Task Include Prior to Prior to on the Recordation Issuance of Deed of the Deed Grading Permit for the Rorlpaugh Ranch Specific Plan project [Ashby shall notify the Service 10 days prior to habitat X ldisturbance. lAshby shall submit to the City a copy of the Habitat X lManagement Plan approved by the US Fish and Wildlife /service' , lAshby is responsible to install and maintain a 6 high temporary N/A N/A N/A lchain link fence within 10 days from the establishment of the [final grades in accordance with the rough grading plans along [the boundary of the property. Ashby shall remove this fencing lonly when Ashby installs the permanent fencing. lThe City shall provide a copy of the deed restriction to the N/A N/A N/A lService within 30 days of recordation. [Ashby shall prepare and obtain approval of the City of N/A N/A N/A lTemecula Fire Department and ail resource agencies including lthe Fish and Wildlife Service for a Fire Management Plan and lsubmit it to the City within 60 days after the initiation of the [ground disturbance unless waived by the City's Fire Marshall. ~Ashby is required to comply with Mitigation Monitoring Program N/A N/A N/A ~of the FEIR for the Roripaugh Ranch Specific Plan including all ~related permits. lAshby is responsible for constructing, maintaining, and N/A N/A N/A lmonitoring the wetlands within City's property until such time [the resource agencies have accepted the mitigation area as [complete. [Ashby shall be responsible for providing funding for the N/A N/A N/A fmaintenance of Santa Gertrudis Creek within City's property [until the responsibility is transferred to the Roripaugh Ranch's fMaster Home Owner's Association. /Ashby shall perform its grading and construction operations in N/A N/A N/A [accordance with the provisions of the AD 161, and the 401, /404, and 1603 permits. I Ashby is responsible to pay for the maintenance of all fuel N/A N/A N/A ~modification zones within the City's property until such time Ithat another entity, approved by the City, initiates their I payments for this maintenance. R:~S P~Ror/paugh Ranch Sl~acw~OS Purchase and Sales Agreement CC 5-13q)3.doc 9