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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
C
RP/NC Hesperia Owner, LLC
c/o Matthew Wm. Nelson, Esq.
Fennemore LLP
550 E. Hospitality Lane, Suite 350
San Bernardino, CA 92408
APNs: _____________, __________________, (SPACE ABOVE THIS LINE FOR RECORDER’S USE) I
MPROVEMENT AND REIMBURSEMENT AGREEMENT
This Improvement and Reimbursement Agreement (“ Agreement”), is made and entered into this ___ day of _____________, 2025 between the City of Hesperia, a General Law City (the “City”) and CRP/NC Hesperia Owner, LLC, a Delaware limited liability company (“Newcastle”).
Hereafter, the City and Newcastle are sometimes individually referred to as a “Party ” and collectively, as the “Parties”.
RECITALS
WHEREAS, the City has approved and issued conditions of approval for Newcastle’s development and construction of an approximately 408,977 square-foot industrial building located at the southwest corner of Mesa Linda Street and Sultana Street in the City of Hesperia, California (SCH No. 2022090381) (the “Newcastle Project”);
WHEREAS, a condition of approval for the Newcastle Project requires the construction of a traffic signal to convert the unsignalized intersection of U.S. Highway 395/Poplar Street into a signalized intersection (the Traffic Signal ), consistent with design plans being processed (“Traffic Signal Plans”) through the California Department of Transportation (“ CalTrans”), which Traffic Signal will benefit all future projects located in the vicinity of the Highway 395/Poplar Street Intersection (collectively, the “Vicinal Projects”); and WHEREAS, N ewcastle (sometimes referred to herein as “Developer”) has agreed to cause the construct ion of the Traffic Signal and City has agreed to reimburse Newcastle for a portion of said costs , or, alternatively, Newcastle has agreed to pay its fair share for the construction costs of the Traffic Signal, if constructed by others, all in accordance with the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the mutual covenants contained herein and intending to be legally bound hereby, the Parties agree as follows:
Attachment1
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1. Traffic Signal. Newcastle shall construct the Traffic Signal pursuant to the Traffic Signal Plans approved by CalTrans , for an estimated cost of Eight Hundred Thousand Dollars ($800,000.00), plus a five percent (5%) contingency (collectively, the “Estimated Traffic Signal Costs”). Attached hereto as Exhibit “A” and incorporated herein by this reference is a description of the Traffic Signal . Following the completion of the Traffic Signal , Newcastle shall submit invoices to the City which evidence the final, actual cost of the Traffic Signal (the “Final Traffic Signal Costs”).
1.1 Pre-approval of Traffic Signal Plans. Newcastle is prohibited from commencing work on any portion of the Traffic Signal until all Traffic Signal Plans have been submitted to and approved by CalTrans.
1.2 P ermits and Notices . Prior to commencing any work, Newcastle (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Traffic Signal and performance of Newcastle’s obligations under this Agreement. Newcastle (through its contractors) shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Newcastle.
1.3 P
ublic Works Requirements. Newcastle shall ensure that the bidding, awarding, and construction of the Traffic Signal is undertaken as if such Traffic Signal were constructed as a public works project under the direction and authority of City, pursuant to the applicable provisions of the Public Contract Code. Newcastle shall obtain bids for the construction of the Traffic Signal in a manner which has been approved by the Public Works Director.
Newcastle shall provide the Public Works Director with copies of all bids received from contractors and a bid summary in a form approved by the Public Works Director to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects.
1.4 C
ompliance with Traffic Signal Plans . The Traffic Signal shall be completed in accordance with the Traffic Signal Plans as approved by CalTrans.
1.5 S tandard of Performance . Newcastle and its contractors shall perform all work required, constructing the Traffic Signal in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Newcastle represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Newcastle warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
1.6 M
aintenance. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Traffic Signal until accepted. Newcastle shall maintain the Traffic Signal in a state of good repair until they are completed by Newcastle and accepted, and until the security for the performance of this Agreement is released. Prior to acceptance, it shall be Newcastle’s responsibility to initiate all maintenance work, but if it shall 01071.0006/1047125.2 3
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fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Newcastle fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Newcastle’s failure to remedy as provided, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Newcastle and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees and/or agents.
2. Security. To secure the obligation to construct the Traffic Signal, Newcastle shall deposit, through a bond, cash or other financial instrument of its own choosing, an amount equivalent to the Estimated Traffic Signal Costs into an escrow account (“Escrow Account”) held by American Title Company (“Escrow Holder”) for the benefit of the City, subject to the terms and conditions set forth in that certain Escrow Agreement between Newcastle, the City, and Escrow Holder of even date herewith (“Escrow Agreement ”). As set forth in the Escrow Agreement in more detail, Newcastle shall deposit the Estimated Traffic Signal Costs into the Escrow Account prior to the issuance of a Temporary Certificate of Occupancy . If Caltrans has not provided its final approval of the Traffic Signal Intersection Improvement Plans within two years after the Effective Date of this Agreement , then notwithstanding the foregoing, (i) Newcastle’s obligation to construct the Traffic Signal shall terminate; (ii) Escrow Holder shall disburse the Estimated Traffic Signal Costs to the City ; (i ii) Newcastle shall have no further obligations hereunder to construct the Traffic Signal; and (iv) Newcastle shall continue to have the right to use the Three Flags Access Route until such time as the Traffic Signal is completed, approved and accepted by the City and CalTrans. Furthermore, i f the Traffic Signal is completed by others (other than any successor or assign of Newcastle, including, without limitation, any lender, mortgagee, trustee or beneficiary under a mortgage, deed of trust or similar security instrument encumbering any portion of the Newcastle Project , or their respective designee (each, a “Mortgagee”), then Newcastle shall obtain the City Approval and deliver the City Approval to Escrow Holder. Upon receipt of the City Approval, Escrow Holder shall disburse Newcastle’s fair share for the Final Traffic Signal Costs (which at the time of this Agreement is estimated at Thirty Two Thousand Dollars ($32,000) , but which will be calculated in accordance with Section 3 below) from the then -remaining Escrowed Funds to the City and then disburse any remaining amount of the Escrowed Funds to Newcastle.
3 . Reimbursement of Final Traffic Signal Costs. The Parties intend that the Final Traffic Signal Costs shall be shared among Newcastle and the other owners of the properties upon which the Vicinal Projects are located (collectively, the “Vicinal Properties”). Newcastle, as well as each of the Vicinal Properties (identified by their respective Assessor's Parcel Number s on Exhibit “B” attached hereto), shall pay a fair share of the Final Traffic Signal Costs, based upon the fair-share percentage established in Table 10 of the Approved Traffic Study for the Newcastle Project (each, a “Fair-Share Percentage”).
The Parties acknowledge and agree that (a) the “Newcastle Fair-Share Percentage” shall be four percent (4%) of the Final Traffic Signal Costs ; and (b) upon completion of the Traffic Signal to the reasonable satisfaction of CalTrans and the City, the City shall reimburse Newcastle the actual cost of the Traffic Signal (less Newcastle’s respective Fair-Share Percentage) in the following manner:
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(i) the City shall impose and collect from each Vicinal Property its respective Fair-Share Percentage of the Final Traffic Signal Costs (each, an “Vicinal Property Fair-Share Percentage”) in connection with the issuance of any discretionary permit for development on such property; and (ii) Within forty-five (45) days of the City’s receipt thereof, the City shall remit each Vicinal Property Fair-Share Percentage to Newcastle at its respective address set forth in Section 9, below.
The City shall collect all Vicinal Property Fair -Share Percentage fees contemplated hereunder, and shall not waive any Vicinal Property Fair-Share Percentage fee, nor enter into any agreement after the Effective Date of this Agreement which alters the use or application of the Vicinal Property Fair-Share Percentage fees from that which is contemplated herein . Any non- payment by any of the owners of the Vicinal Properties of their applicable Vicinal Property Fair - Share Percentage shall not affect Newcastle’s rights under this Agreement.
4. Certificate of Occupancy. The City acknowledges that, as the Traffic Signal Plans are currently being processed through CalTrans, the timing and completion of the Traffic Signal is beyond the control of Newcastle. In that regard, and notwithstanding anything to the contrary contained in the Conditions of Approval, the City shall not withhold or otherwise delay the issuance of a Temporary Certificate of Occupancy for the Newcastle Project based on the status of the Traffic Signal, provided that Newcastle has provided security for the Traffic Signal Costs, either by funding the Escrow Account in accordance with Section 2, above, or in some other form as reasonably approved by the City. If Caltrans has not provided its final approval of the Traffic Signal Intersection Improvement Plans within two years after the Effective Date of this Agreement, then Newcastle’s obligation to construct the Traffic Signal Intersection Improvements shall terminate after remittance of the entire Estimated Traffic Signal Costs to the City , and the City will issue a Final Certificate of Occupancy upon receipt of payment. Newcastle will still be entitled to Reimbursement of the Traffic Signal Cost, as governed by Section 3 above.
Notwithstanding the City’s receipt of the Estimated Traffic Signal Costs from Newcastle, nothing in this Agreement shall obligate the City to construct the Traffic Signal, as such construction remains a condition of approval for Newcastle and the developer s of the Vicinal Projects.
5. Interim Access to Newcastle Project. The Parties intend that Poplar Street will be the primary access to the Newcastle Project from Highway 395 following the completion of the Traffic Signal . However, as the Traffic Signal is not likely to be completed by the time the Temporary Certificate of Occupancy is issued, the Newcastle Project shall have the right to use Three Flags Avenue and Three Flags Street to access the Newcastle Project from Highway 395, as shown in Exhibit “C” (the “Three Flags Access Route”), until such time as the Traffic Si gnal is completed, approved and accepted by the City and CalTrans.
In consideration for access to the Three Flags Access Route, Newcastle agrees to do the following:
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a) Install signage at the southerly egress driveway on Mesa Linda Street, as shown in Exhibit “D,” that shows the recommended interim truck route. The sign shall be 24” x 24” and shall be mounted at a height that is easily visible to the truck driver as they prepare to exit the site;
b) Require the warehouse building occupant through the lease agreement to provide educational information to truck drivers about the required truck route as a normal course of the building's operational management, including specific instruction that truck access to Highway 395 from Poplar Avenue is restricted until such time as the Traffic Signal is completed;
c) Construct the striping recommendations at the intersection of Mesa Linda Street and Poplar Street as shown in Exhibit “E”; and
d) Construct the improvements needs at the intersection of Three Flags Avenue and Poplar Street, as shown in Exhibit “ F,” which includes paving of the intersection and modifications to accommodate a 45-foot curb radius on the southeast corner of the intersection. These improvements can be accommodated within the e xisting right of way.
6. Representations and Warranties of Newcastle. As of the Effective Date of this Agreement, Newcastle makes the following representations and warranties for the benefit of the other Parties:
(a) O rganization . Newcastle represent s and warrants that it is duly organized under the laws of the State of Delaware and is in good standing and is authorized to do business under the laws of the State of California; and (b) A uthority. Newcastle represents and warrants that it has the power and authority to enter into this Agreement , and that once this Agreement has been executed and delivered to the other Parties , a ll requisite corporate action shall have been taken by Newcastle in connection with executing and delivering this Agreement.
7 . Representations, Warranties and Covenants of the City. As of the Effective Date of this Agreement, the City represents and warrants, for the benefit of the other Parties , that the City has the power and authority to enter into this Agreement, and that once this Agreement has been executed and delivered to the other Parties , all requisite government action shall have been taken by the City in connection with executing and delivering this Agreement. The City agrees to fully cooperate with Newcastle, at no cost or expense to the City , with respect to the Intersection Improvements.
8. I
ndemnification . Newcastle shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful 01071.0006/1047125.2 6
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misconduct of Newcastle in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Newcastle ’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. In no event shall Newcastle be liable for any consequential, special, punitive or similar damages hereunder.
9. Insurance.
9.1 Types; Amounts. Newcastle shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“ Required Insurance ”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
9.1.1 G
eneral Liability . Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.
9.1.2 B
usiness Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
9.1.3 W
orkers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
9.2 A
dditional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Newcastle or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.
9.3 P
rimary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self -insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 01071.0006/1047125.2 7
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9.4 Certificates; Verification. Newcastle and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
9.5 T
erm; Cancellation Notice . Newcastle and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.
10. N
otices . All notices relating to this Agreement must be provided in writing, to the addresses set forth below, and will be deemed sufficiently provided when delivered: (a) personally, in which case it will be deemed received on delivery; (b) by generally recognized overnight courier service, in which case it will be deemed delivered on the next business day if timely delivered to such service for next-day delivery, postage pre-paid; (c) three (3) days after deposit in the United States mail certified or registered, return receipt requested, with postage prepaid; or (d) by e-mail, in which case it will be deemed received as long as any such e-mail is sent to the address set forth below before 5:00 p.m. Pacific Time (otherwise it will be deemed provided on the next business day), provided that a copy of such e -mailed notice is also sent concurrently via one of the other methods set forth hereinabove. Notices shall be addressed as follows:
If to Newcastle:
Newcastle Partners, Inc.
Attn: Courtney Wing or Jackson Smith
4740 Green River Road, Suite 110
Corona, CA 92878
Email:
With a copy to: Matthew Wm. Nelson, Esq.
Fennemore LLP
550 East Hospitality Lane, Suite 350
San Bernardino, CA 92408
Email:
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If to City: City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
Attn: City Manager
Phone: (760) 947-1018
Email: [email protected]
with a copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Pam K. Lee, Esq.
Phone: (949) 223-1170
Email: [email protected]
Any Party may change its address by written notice to the other s given in the manner set forth above.
11. Force Majeure. If the performance by a Party of any provision of this Agreement is delayed or prevented by any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, or any other cause not within the control of the Party required to perform, then the period for the performing Party’s performance of the provision shall be automatically extended for the same time such performing Party is so delayed or hindered; provided, however, that in no event shall the foregoing apply to the delayed payment of the Vicinal Property Fair-Share Percentage by the City to Developer. 12 . Severability. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, illegal, or unenforceable, then such portion shall be deemed severed from this Agreement and the Parties shall negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intent and purpose of this Agreement. 1 3. Entire Agreement . This Agreement contains the entire agreement between or among the Parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous negotiations, correspondence, or oral or written agreements between or among the Parties.
1 4. Amendment and Inurement. This Agreement may not be modified, amended, or supplemented except by an instrument in writing signed by the Parties, and this Agreement shall bind and inure to the benefit of the Parties hereto and their respective successors and assigns; provided, however, that without the other Part ies’ prior written approval, which written approval may be withheld in a Party’s sole and absolute discretion, no Party may assign its rights or delegate its obligations under this Agreement. Notwithstanding the foregoing, Newcastle may collaterally assign its rights under this Agreement and the Escrow Agreement to any Mortgagee, and upon acquiring title to the Newcastle Project through foreclosure of a Mortgage, deed in- lieu, or in aid thereof, any such Mortgagee shall automatically be deemed entitled to exercise all rights and perform all obligations of Newcastle under this Agreement. 01071.0006/1047125.2 9
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15. No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the City, Newcastle and each of their respective successors and assigns, and no other person, firm, or entity shall be entitled to rely upon or receive any benefit from this Agreement or any provision herein.
16. Wai ver. A waiver by any Party hereto of a breach of any of the covenants or agreements hereof to be performed by any of the other Parties shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.
17. S
urvival . All agreements, covenants, representations, and warranties contained herein shall survive the full performance or earlier termination of this Agreement.
18. F urther Acts . A Party shall, whenever and as often as it shall be requested to do so by any other Party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all additional documents, approvals, or consents and perform any and all other acts as may be necessary to carry out the intent and purpose of this Agreement.
19. N o Joint Venture. Nothing in this Agreement shall be interpreted as creating any form of partnership, joint venture, or other relationship between or among the Parties with respect to the ownership, design, development, financing, or other operations or uses proposed for the Intersection Improvements or the Newcastle Project.
20. A
ttorneys’ Fees . In the event of an action by any Party against another Party arising out of this Agreement, the prevailing Party shall be entitled to recover from the other Party all reasonable costs and expenses incurred, including attorneys’ fees and the fees of other professionals.
21. C
ounterparts; Electronic Signatures . This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same instrument. Furthermore, this Agreement may be executed and delivered by facsimile, DocuSign, AdobeSign or other electronic transmission (including, without limitation, signatures transmitted by e -mail in .pdf format). The Parties intend that faxed and electronic signatures constitute original signatures and that a faxed or electronic copy or counterparts of this Agreement containing the signature (original, faxed or electronic) of a Party is binding upon that Party. The Parties intend to be bound by such electronic signatures and waive any defenses to the enforcement of the terms of this Agreement based upon the use of such electronic signatures. 2 2. Effective Date. The Effective Date of this Agreement shall be the last date on which all Parties have executed this Agreement.
2 3. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California.
2 4. Interpretation. Unless the context of this Agreement clearly requires otherwise:
(a) plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” “must,” “agrees” and “covenants” are each mandatory; (d) “may” is permissive; (e) “or” is not exclusive; 01071.0006/1047125.2 10
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and (f) “includes” and “including” are not limiting. Time is of the essence for each and every term, condition, covenant, obligation and provision of this Agreement. This Agreement has been negotiated at arm’s length and among persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each Party has been or has had the opportunity to be represented by experienced and knowledgeable counsel. Accordingly, any rule of law (including California Civil Code §1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it, is not applicable and is waived. T he provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Agreement. Captions and section headings are included in this Agreement as a matter of convenience only; they are not a part of this Agreement, do not modify any of the terms of this Agreement, and shall not be used in the interpreta tion of this Agreement. If a day for any performance or the last date of any period specified in this Agreement is a Saturday, Sunday or national bank holiday, such performance date or period end shall be extended to the next day that is not a Saturday, Sunday or national bank holiday.
[signatures appear on following page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY:
CITY OF HESPERIA, a General Law City
By:
Name:
Its:
Date:
NEWCASTLE:
CRP/NC HESPERIA OWNER, L.L.C., a Delaware limited
liability company
By: CRP/NC Hesperia Venture, L.L.C.,
a Delaware limited liability company, its sole member
By: Newcastle/Hesperia Logistics LLC,
a California limited liability company, its
authorized member
By:
Name:
Its:
Date:
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State of ___________________
County of _________________
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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State of ___________________
County of _________________
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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EXHIBIT “A”
DESCRIPTION OF INTERSECTION IMPROVEMENTS
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EXHIBIT “B”
APNs OF VICINAL PROPERTIES
3064-581-01-0000
3064-581-02-0000
3064-581-04-0000
3064-591-01-0000
3064-591-03-0000
3064-591-04-0000
3064-591-12-0000
3064-591-13-0000
3064-591-17-0000
3064-591-18-0000
3064-591-19-0000
3064-621-01-0000
3064-631-01-0000
3064-641-08-0000
3064-641-09-0000
3064-641-10-0000
3064-641-11-0000
3064-641-12-0000
3064-641-13-0000
3064-641-14-0000
3064-641-15-0000
3064-641-16-0000
3064-641-17-0000
3064-641-18-0000
3064-641-19-0000
3064-641-20-0000
3064-641-21-0000
3064-641-22-0000
3064-641-23-0000
3064-641-24-0000
3064-641-25-0000
3064-641-26-0000
3064-641-27-0000
3064-641-28-0000
3064-641-29-0000
3064-641-30-0000
3064-641-31-0000
3064-641-32-0000
3064-641-33-0000
3064-641-34-0000
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EXHIBIT “C”
Three Flags Access Route
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EXHIBIT “D”
Three Flags Access Route Signage
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EXHIBIT “E”
Mesa Linda Street and Poplar Street Intersection Striping Improvements
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EXHIBIT “F”
Three Flags Avenue and Poplar Street Intersection Improvements