Lincoln City Council
October 13, 2026

2026 REGULAR MEETING - CITY COUNCIL / LINCOLN REDEVELOPMENT

SUCCESSOR AGENCY / LINCOLN PUBLIC FINANCING AUTHORITY
October 13, 2026

CITY OF LINCOLN
2026 REGULAR MEETING - CITY COUNCIL /

LINCOLN REDEVELOPMENT SUCCESSOR AGENCY
/ LINCOLN PUBLIC FINANCING AUTHORITY
October 13, 2026

AS A COURTESY, PLEASE TURN OFF ALL CELL PHONES & ELECTRONIC DEVICES DURING THE MEETING -COUNCIL MEETING AGENDA6:00 PM
Mayor Richard Pearl
Mayor Pro Tem Whitney Eklund Councilmember Holly Andreatta Councilmember Ben Brown Councilmember John Reedy
City Hall (Extremely Limited Seating Capacity)
3rd Floor Council Chambers
600 Sixth Street
Lincoln, CA 95648
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and use *9 to raise hand to speak
600 Sixth Street ◆ Lincoln, CA 95648 ◆ www.lincolnca.gov ◆ 916-434-2400 1 1. CLOSED SESSION - 5:00pm

EXECUTIVE TEAM
Sean Scully, City Manager Douglas White, Special Counsel Nita Wracker, Asst. City Manager / Finance Director Zach Eaton, Police Chief Jennifer Brown, Chief Innovation & Tech. Officer Vin Cay, City Engineer Erin Frye, Econ. Dev. & Communication Specialist Kathryn Hunt, Library Services Director Hope Ithurburn, City Clerk Matthew Medill, Public Works Director Veronica Rodriguez, Human Resources Director Anthony Mejia, Fire Chief MISSION STATEMENT: To provide the highest level of service responsive to our community’s expectations and to enhance the quality of life and economic vitality.

THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST WITH PUBLIC PARTICIPATION:

Americans with Disabilities Act (ADA): In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at (916) 434-2490. The meeting room is wheelchair accessible and disabled parking is available. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.

Agenda Availability: The main posting location of the City Council Agenda pursuant to the Brown Act, Government Code § 54954.2(a) is on the public kiosk outside the entrance of City Hall, 600 6th Street, Lincoln, California. City Council Agenda Packets are available for review at the City Clerk’s Office, 600 6th Street, Lincoln, California, and “Live and Archived” meetings, minutes and videos are available on the City’s website at www.Lincolnca.gov. City Council Meetings are televised live 6:00PM on Cable channel 18.

Public Input: Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker card to City staff. Speaker cards are available near the entrance of the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration. Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during “Public Comment on Non-Agenda Items.” In either case, please stand to be recognized by the Mayor when your name is called. Please note:
comments from the audience without coming to the podium may be disregarded or ruled out of order. All speakers' time will be limited to three (3) minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.

Special Meeting Public Input: Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act’s regulation of Special Meetings.

Consent Agenda: All matters on the Consent Agenda are considered routine business and will be enacted by one motion.

There will be no separate discussion of these items unless a member of the City Council requests a specific item be removed from the Consent Agenda for separate action. Any items removed will be considered after the remainder of the Consent Agenda.

Judicial Review: Pursuant to applicable laws and regulations, including without limitation, California Government Code § 65009 and/or California Public Resources Code § 21177, if you wish to challenge in court any of the decisions made by the City Council, including any action regarding planning, zoning or environmental decisions, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

1.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code §54956.9
Name of Case: (City of Lincoln v. The Gathering Inn, et al., Placer Superior Court Case No. SCV-0053711)

1.B CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code, § 54956.8) Property: APN 021-321-083
Agency Negotiator: Nita Wracker, Assistant City Manager, Negotiating Parties: Boys and Girls Club,
Under Negotiations: Price, terms of payment or both
600 Sixth Street ◆ Lincoln, CA 95648 ◆ www.lincolnca.gov ◆ 916-434-2400 2 2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENTS (CLOSED SESSION ITEMS ONLY)

5. CALL TO ORDER

6. REPORT FROM CLOSED SESSION (if any)

7. ROLL CALL

8. PLEDGE OF ALLEGIANCE

9. INFORMATION ITEMS AND DISCLOSURES

10. AGENDA MODIFICATIONS

11. PRESENTATIONS

12. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COUNCIL *All speakers' time will be limited to three (3) minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staf , or schedule items for future meetings.

13. CONSENT
GENERAL SESSION - 6:00pm

INSPIRATION OR INVOCATION

13.A FY 2026-2027 Beverage Container Recycling City/County Payment Program. (Angela Frost)
Adopt a resolution authorizing the City of Lincoln’s funding request for the FY 2026- 2027 City/County Beverage Container Recycling Payment Program; and
Authorize the City Manager to execute all necessary grant-related paperwork on behalf of the City; and
Authorize a budget augmentation to revenues and expenses in Fund 7300 (Solid Waste Operations) for the grant amount awarded.

13.B Award the Construction Contract for CIP 706 - Corp Yard Roof Repair to Madsen Roofing & Waterproofing, Inc. (Jacob Groeser)

1. Authorizing the City Manager to execute a contract for construction with Madsen Roofing & Waterproofing, Inc. in the amount of $836,671 for the Corp Yard Roof Project and authorizing the City Engineer to approve change orders not to exceed $125,501;

2. A budget augmentation of $106,293 from the unencumbered balances of Funds 6200, 7110, 7210, and 7310 for a total budget augmentation of $425,172 to CIP 706 – Corp Yard Roof.
600 Sixth Street ◆ Lincoln, CA 95648 ◆ www.lincolnca.gov ◆ 916-434-2400 3 14. PUBLIC HEARINGS

15. GENERAL BUSINESS

16. CITY MANAGER REPORTS

17. COUNCIL INITIATED BUSINESS

18. COMMITTEE REPORTS

19. ADJOURNMENT

13.C Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 with REY Engineers, Inc. for the Police Department Parking Lot Expansion Project (CIP 626) (Jonnelyn Espartero)

13.D Adopt a Resolution Approving a Notice of Completion for Fire Station 35 Driveway Capital Improvement Project (CIP) 704 to be Recorded and Authorizing a Budget Augmentation of $7,176. (Jacob Groeser)

14.A Parkwood Development Agreement (Mikaela Noble)

1. Determine that an Addendum to the Village 1 Specific Plan EIR for the Parkwood Project was Previously Adopted by City Council, and Therefore, No Additional Environmental Review is Required; and,

2. Consider Waiving First Reading and Introduce by Title Only an Ordinance Establishing a Development Agreement between the City of Lincoln and JEN California 28 LLC for the Parkwood Project.

15.A Consideration of Proposed Lease Agreement with Lincoln Clay Arts Center for the Carnegie Library Building (Sean Scully)

15.B Discussion and Direction - Sister City Program
600 Sixth Street ◆ Lincoln, CA 95648 ◆ www.lincolnca.gov ◆ 916-434-2400 4 NOTE: Materials related to an item on this Agenda submitted to the Council/Redevelopment Successor Agency after distribution of the agenda packet are available for public inspection in the City Clerk's office at 600 Sixth Street, Lincoln, CA during normal business hours. Such documents are also available on the City of Lincoln's website at https://www.lincolnca.gov/ subject to staff's availability to post the documents before the meeting.

In compliance with the American with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk's Office at (916) 434-2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting.

Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

Levine Act Provisions -- The Levine Act requires a party (or the party's agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision. This includes contributions to Councilmembers, Planning Commissioners and members of other City boards and commissions.
600 Sixth Street ◆ Lincoln, CA 95648 ◆ www.lincolnca.gov ◆ 916-434-2400 5 SUBJECT:

FY 2026-2027 Beverage Container Recycling City/County
Payment Program. (Angela Frost)
SUBMITTED BY: Angela Frost
DEPARTMENT: Public Works
DATE: October 13, 2026
Item Number 13.A
STAFF RECOMMENDATION:

Adopt a resolution authorizing the City of Lincoln’s funding request for the FY 2026- 2027 City/County Beverage Container Recycling Payment Program; and Authorize the City Manager to execute all necessary grant-related paperwork on behalf of the City; and
Authorize a budget augmentation to revenues and expenses in Fund 7300 (Solid Waste Operations) for the grant amount awarded.

BACKGROUND/INTRODUCTION:

The California Department of Resources Recycling and Recovery (CalRecycle) administers the City/County Payment Program, which provides funding for beverage container recycling and litter cleanup activities. Pursuant to Public Resources Code Section 14581(a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act, CalRecycle will distribute $10.5 million in Fiscal Year 2026–27 to eligible cities and counties for these purposes. The City of Lincoln is eligible to receive $14,234 in grant funding.

The City has participated in CalRecycle’s City/County Beverage Container Recycling Program since Fiscal Year 2005–06. In prior years, the City has used its noncompetitive allocation to support an educational beverage-container recycling website platform and, more recently, radio advertising through iHeartRadio.

For Fiscal Year 2026–27, staff proposes using a portion of the grant funds to pay registration costs for two City employees to attend the 2027 California Resource Recovery Association Conference in Sacramento. Attendance will support staff education and professional development related to beverage container recycling, waste diversion, litter prevention, and resource recovery programs. Because the conference will be held locally in Sacramento, no lodging expenses are anticipated.

Grant funds would also be used to purchase supplies for the City’s monthly community litter

STAFF REPORT
6 cleanup events, including trash bags, gloves, litter grabbers, and yard tools. The City also proposes to charge eligible dumpster rental and disposal costs associated with these cleanup events to the grant. Any remaining funds would be used for radio promotions to increase public awareness of the City’s beverage container recycling program.

These proposed expenditures are intended to support beverage container recycling education, public outreach, litter prevention, and community cleanup activities. The expenditures also further the City’s ongoing waste diversion and recycling efforts and are subject to CalRecycle program requirements and eligible-cost provisions.

To remain eligible to participate in CalRecycle’s Payment Program, the City Council must adopt a resolution authorizing program administration. The proposed resolution authorizes the City Manager, or designee, to execute all documents necessary to secure and administer payments awarded to the City by CalRecycle. The resolution will remain in effect until rescinded by the City Council.

FINDINGS/ANALYSIS:

CalRecycle requires the authorizing legislative body to approve a resolution authorizing submittal of the funding application to be included along with the application. Consequently, staff requires authorization from the City Council to move forward with this grant submittal.

FISCAL IMPACT:

The City’s projected funding request for FY 26-27 is $14,234. Once the grant is awarded, a budget augmentation to Fund 7300 (Solid Waste Operations) to revenues and expenses will be authorized. This grant will be administered through the Solid Waste Fund (7300).

ATTACHMENTS:
159 - Resolution Authorizing Funding Request for FY 2026-2027 Beverage Container.docx 7 Resolution No. 2026-XXX

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN APPROVING

THE APPLICATION SUBMITTAL AND RELATED AUTHORIZATIONS FOR THE

CITY/COUNTY BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM

THROUGH THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions in an effort to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, Beverage Container Recycling Grants are among these types of grants made available by CalRecycle that help local governments provide opportunities for continued education on beverage container recycling and litter cleanup events; and WHEREAS, the City is eligible to apply for this funding and use it toward CalRecycle’s goal of reaching and maintaining an 80 percent recycling rate for all California refund value beverage containers - aluminum, glass, plastic and bi-metal; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and WHEREAS, the submittal of a grant application for a recycling program is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 and 15308.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council does hereby find it is in the best interest of the City to adopt a resolution authorizing the City of Lincoln’s funding request for the FY 2026-2027 City/County Beverage Container Recycling Payment Program; and authorize the City Manager to execute all necessary grant-related paperwork on behalf of the City; and authorize a budget augmentation to revenues and expenses in Fund 7300 (Solid Waste Operations) for the grant amount awarded.
8 Resolution No. 2026-XXX

PASSED AND ADOPTED this 13th day of October, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
9 SUBJECT: Award the Construction Contract for CIP 706 - Corp Yard Roof Repair to Madsen Roofing & Waterproofing, Inc. (Jacob
Groeser)
SUBMITTED BY: Jacob Groeser
DEPARTMENT: Engineering
DATE: October 13, 2026
Item Number 13.B
STAFF RECOMMENDATION:

Staff recommends City Council adopt a resolution:

1. Authorizing the City Manager to execute a contract for construction with Madsen Roofing & Waterproofing, Inc. in the amount of $836,671 for the Corp Yard Roof Project and authorizing the City Engineer to approve change orders not to exceed $125,501;

2. A budget augmentation of $106,293 from the unencumbered balances of Funds 6200, 7110, 7210, and 7310 for a total budget augmentation of $425,172 to CIP 706 – Corp Yard Roof.

The project is funded in total by $537,000 from Funds 6200, 7110, 7210, and 7310 as part of CIP 706 – Corp Yard Roof Repair Project in FY 2026/27 Capital Improvement Budget.

BACKGROUND/INTRODUCTION:

The Capital Improvement Program for FY 2026/27 includes CIP 706 – Corp Yard Roof Project The Corp Yard Roof Project will replace approximately 60,000 square feet of single ply PVC roofing on the City of Lincoln’s Corporation Yard Building. The existing roof is well beyond its useful life and requires frequent spot repairs for leaks and other forms of damage. In addition to a new roof system, this project will also install a fall protection railing and material loading gate around the perimeter of the building.

The invitation for bids was published in the Lincoln News Messenger, and posted on Planet Bids and the City website on August 27, 2026.

FINDINGS/ANALYSIS:

Bids were received by the City Clerk at 2:00 PM on September 22, 2026. Responsive bid

STAFF REPORT
10 Bids were received by the City Clerk at 2:00 PM on September 22, 2026. Responsive bid proposals were received from ten contractors and are included in Attachment C.

On September 22, 2026, the following bids were received:

Contractor Base Bid Amount
Madsen Roofing & Waterproofing, Inc. $836,671
Mountain Roofing Systems $1,147,401
Pacific Builders & Roofing, Inc. dba: WSP Roofing $1,019,307 Brazos Urethane, Inc. $1,370,702
Titans Group Corporation $1,194,192.37
Pacific Polymers, Inc. dba: American Foam Experts $858,070 Commercial & Industrial Roofing Co $1,147,680.50
Wright & Wright Enterprises, Inc. dba: Western Valley
Construction
$1,352,683.38
Rua and Son Mechanical, Inc. $1,091,300
Best Contracting Services, Inc. $991,366
Staff has reviewed the bids and recommends the City award a construction contract (Attachment B) to the lowest responsive and responsible bidder, Madsen Roofing & Waterproofing, Inc. in the amount of $836,671 for the Base Bid.

The work will commence upon award. The project is currently programmed with the following milestone schedule:

Award Contract for Construction: October 13, 2026
Issue Notice to Proceed: October 19, 2026
Begin Construction: October 2026
End Construction: December 2026
City Staff will provide construction management and inspection.

ENVIRONMENTAL REVIEW:

The proposed project qualifies for a categorical/statutory exemption under section 15301(d) – Restoration of Existing Facilities and thereby is exempt from further environmental review under the California Environmental Quality Act Guidelines. This project will not lead to any new uses of the existing Corporation Yard Building.

FISCAL IMPACT:

The project is funded in Fiscal Year 2026/27 by Funds 6200, 7110, 7210, and 7310. 11 Budgeted
Fund 6200 $134,250
Fund 7110 $134,250
Fund 7310 $134,250
Fund 7210 $134,250
Total Budgeted $537,000
Estimated Project Costs
Construction Contract (Madsen Roofing & Waterproofing) $836,671 Construction Contingency (15%) $125,501
Total Estimated Costs $962,172
The construction contingency is set to a conservative balance due to the unknown extent of water damage in the roof decking. Soft spots on the roof indicate there may be a large quantity of rotted wood decking that needs to be replaced after the existing roof is torn off. The contingency will be used to ensure the underlying roof decking is in good condition prior to the installation of the new roofing system.

Budget Augmentation
Fund 6200 $106,293
Fund 7110 $106,293
Fund 7310 $106,293
Fund 7210 $106,293
Total Augmentation $425,172
ATTACHMENTS:

Attachment C CIP 704 Corp Yard Roof.DOC4.Bids.2026Oct13.jgroeser.pdf Attachment B CIP 704 Corp Yard Roof.DOC3.Contract2026Oct13.jgroeser.pdf 12 Attachment A CIP 704 Corp Yard Roof.DOC2.Reso.2026Oct13.jgroeser.doc 13 14
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RESOLUTION 2026 -314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN (1)

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR
CONSTRUCTION WITH MADSEN ROOFING AND WATERPROOFING, INC. IN THE AMOUNT OF $836,671 FOR THE CORP YARD ROOF PROJECT AND

AUTHORIZING THE CITY ENGINEER TO APPROVE CHANGE ORDERS NOT TO EXCEED $125,501; (2) AUTHORIZING A BUDGET AUGMENTATION IN THE AMOUNT OF $106,293 FROM THE UNENCUMBERED BALANCES OF FUNDS 6200, 7110, 7310 AND 7210 FOR A TOTAL BUDGET
AUGMENTATION OF $425,172 TO CIP 706 – CORP YARD ROOF.

WHEREAS, the Fiscal Year 2025/2026 and 2026/2027 Capital Improvement Program budget includes funds for the Corp Yard Roof Project – CIP No. 706; and
WHEREAS, Bid Documents were prepared, titled Corp Yard Roof Project, CIP 706; and
WHEREAS, The Notice to Bidders was duly advertised, and a public bid opening was held by the City Clerk at 2:00 pm on September 22, 2026; and WHEREAS, Madsen Roofing and Waterproofing, Inc. was determined to be the responsible bidder submitting the lowest responsive bid in the amount of $836,671; and
WHEREAS, City Staff will perform construction management and inspection services.

NOW THEREFORE BE IT RESOLVED:

Section 1. That the City Council of the City of Lincoln authorizes the following:

1. Authorizing the City Manager to execute a contract for construction with Madsen Roofing & Waterproofing, Inc. in the amount of $836,671 for the Corp Yard Roof Project and authorizing the City Engineer to approve change orders not to exceed $125,501;

2. A budget augmentation of $106,293 from the unencumbered balances of Funds 6200, 7110, 7210, and 7310 for a total budget augmentation of $425,172 to CIP 706 – Corp Yard Roof.

PASSED AND ADOPTED this 13th day of October, 2026 by the following vote:
166
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
167
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 with REY Engineers, Inc. for the Police Department Parking Lot Expansion Project (CIP 626)
(Jonnelyn Espartero)
SUBMITTED BY: Jonnelyn Espartero
DEPARTMENT: Engineering
DATE: October 13, 2026
Item Number 13.C
STAFF RECOMMENDATION:

Staff recommends City Council to adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the March 14, 2023 Task Order with REY Engineers, Inc. for the Professional Design Services in the amount of $15,000, for a total amount not to exceed $127,751 for the Police Department Parking Lot Expansion Project (CIP 626).

There are funds available in CIP 626 project budget from Fund 241 to cover the contract amendment.

BACKGROUND/INTRODUCTION:

The Capital Improvement Program for FY 2023/25 includes CIP 626 PD Parking Lot Expansion Project. The purpose of this project is to extend the existing parking lot limits north on the west side of the existing Union Pacific Railroad (UPRR) railroad track. The Lincoln Police Department is running out of parking spaces for their vehicles and staff to park personal vehicles while on duty.

On March 14, 2023, a Task Order was executed with REY Engineers (REY) for the Police Department Parking Lot Expansion Project that included preliminary engineering, boundary and topographic surveys, and design and bid document preparation.

On October 10, 2023, the City Council approved Contract Amendment No. 1 to REY’s Task Order in the amount of $27,642 to include right-of-way agent services, including land appraisal and title document for the parcel of interest.

On August 25, 2026, the City Council approved a resolution accepting the PD Parking Lot Expansion Capital Improvement Project (CIP) 626 as complete and authorizing the City Clerk

STAFF REPORT
168
to file the Notice of Completion with the Placer County Recorder.

FINDINGS/ANALYSIS:

As the project progressed from design to construction, additional engineering services were required beyond REY’s original scope of services. During construction, REY provided engineering construction support, including responding to RFIs, reviewing construction submittals, and coordinating field conditions to avoid construction delays.

At the request of staff, REY provided Amendment No. 2 (Attachment B) to outline the costs associated with engineering construction support. The amendment also includes preparation of record drawings based on the as-built plans provided by the contractor and the city inspector.

FISCAL IMPACT:

Budgeted
CIP 626 PD Parking Lot Expansion
Fund 2410 $755,000
Fund 2410 (budget augmentation) $221,352
Total $976,352
Actual Design Cost
R.E.Y. Engineers $112,751
CEQA Notice of Exemption $ 52
Purchase of UPRR Property $ 76,000
Coastal – Parcel Research $ 750
Contract Amendment No. 2 $ 15,000
Total Cost $204,553
Actual Construction Cost
Baldoni Construction, Inc. $638,349
Coastland CM & Inspection $ 78,325
Contingency (4.3%) $ 27,468
169
Total Cost $744,142
Budgeted Remaining
Fund 2410 $27,657
ATTACHMENTS:

Resolution Authorizing Amendment No. 2 with REY Engineers.docx PD Parking Lot Amendment.DOC3.Attachment B Amendment No 2.jespartero.27Oct2026.pdf 170
Resolution No. 2026-XXX

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN AUTHORIZING THE CITY MANAGERR TO EXECUTE AMENDMENT NO. 2 TO THE MARCH 14, 2023 TASK ORDER WITH REY ENGINEERS, INC. FOR PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF $15,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $127,751 FOR THE POLICE DEPARTMENT PARKING LOT EXPANSION PROJECT, CIP 626
WHEREAS, the City executed a Task Order with Rey Engineers, Inc. on March 14, 2023; and
WHEREAS, on October 10, 2023, the City Council approved REY’s Contract Amendment No. 1; and
WHEREAS, on August 25, 2026, the City Council accepted the PD Parking Lot Expansion Project (CIP626) as complete and authorized the City Clerk to file the Notice of Completion with the Placer County; and
WHEREAS, REY submitted Contract Amendment No. 2 in the amount of $15,000 for engineering construction support, including but not limited to, responding to RFIs, reviewing construction submittals, coordinating field conditions to avoid construction delays, and preparing record drawings.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lincoln authorizes the City Manager to execute Amendment No. 2 to the March 14, 2023 Task Order with REY Engineers, Inc. for Professional Design Services in the amount of $15,000, for a total contact amount not to exceed $127,751 for the Police Department Parking Lot Expansion Project, CIP 626.

PASSED AND ADOPTED this 13th day of October, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
171
Engineering Department
On-Call Contract for Professional Services
Consultant: R.E.Y. Engineers, Inc.

Project Name: PD Parking Lot Expansion Project (CIP 626) Task Order – Amendment #2
Date Requested: October 2, 2026
Purchase Order No. 30230086
Amendment #2
This Task Order, authorized through the On-Call Contract by and between the City of Lincoln (“CITY”), and R.E.Y. Engineers, Inc. (“CONSULTANT”), was approved on June 9,2026, per Resolution No. 2026- 084. This Task Order is being requested for the following services (see attachment for the full detailed scope of work).

1. Increase Engineering and Design Services for the PD Parking Lot Expansion Project (CIP 626) project. This amended task order will cover engineering services provided during construction that were beyond R.E.Y.’s original scope of services, including responding to RFIs, reviewing construction submittals, and coordinating field conditions to avoid construction delays. Furthermore, the amendment will include the preparation of record drawings, as requested by City staff.

Consultant shall perform services on the project described above and as detailed in the attachment.

This amended Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this amended Task Order shall supplement the Contract as it pertains to the project described above.

Project Budget –
Project Budget: $ 85,109.00
Amendment #1: $ 27,642.00
Amendment #2: $ 15,000.00
Revised Total Project Budget: $127,751.00
Account Code(s): 241-6890-80070-0626
The work described above and herein attached as the Scope of Work is hereby authorized by the following agency representatives.

Approved by: Approved by:

City of Lincoln R.E.Y. Engineers, Inc.

Signature: ________________________ Signature: _________________________ Name: Araceli Cazarez______________ Name: ____________________________ Title: Project Manager _________ Title: _____________________________ Date: _10/02/2023__________ Date: _____________________ Signature: ________________________
Name: Vin Cay
Title: City Engineer____________
Date: _____________________
Signature: ________________________
Name: Sean Scully_______________
Title: City Manager___________
Date: _____________________

This Task Order Amendment is executed this ____ day of _________________, 2026.

James Fisher, PE President 2026 10/02/2026
172
1 of 2
September 28, 2026
Araceli Cazarez
City of Lincoln
Engineering Department
600 6th Street
Lincoln, CA 95648 sent via E-mail: [email protected] Subject: CIP 626 PD Parking Lot Expansion Proj
Ms. Cazarez,
Thank you for the opportunity to continue our work on the PD Parking Lot Expansion Project with the City of Lincoln (City). As the project progressed from design into construction, additional engineering services were required that were not included in our original scope of services.

To support the City’s schedule and maintain project momentum, R.E.Y. Engineers provided Construction Engineering (CE) support during construction before requesting a contract amendment. These services included timely responses to contractor questions, submittal reviews, RFI responses, and coordination on field conditions necessary to avoid delays.

With construction now complete, we are requesting that these construction engineering support services, along with the remaining record drawing services, be incorporated into our contract through this amendment.

The additional task requested under this amendment is summarized below:

Task 14: Construction Engineering Support & Re
 Reviewed contractor submittals and shop drawings.
 Reviewed and responded to Requests for Information (RFIs).  Coordinated with the City and contractor regarding design-related construction issues.
 Provided engineering support services throughout construction to facilitate project delivery.
 Review contractor redlines and construction documentation.  Incorporate field changes into the project drawings.
 Prepare final Record Drawings for City use and archival purposes. 173
2 of 2
 Deliver Record Drawings in PDF and AutoCAD formats.

To incorporate these services into our scope of services and complete project closeout, we are requesting an additional $15,000.00 be added to our contract, bringing the total contract amount to $127,751.00.

A summary of our request is shown below:

Item Amount
Original Contract Amount $85,109.00
Amendment #1 $27,642.00
Amendment #2 : CE Support & Record Drawings $15,000.00
Revised Contract Amount $127,751.00
If you have any questions or comments regarding this request, please do not hesitate to contact me.

Sincerely,
Veronica Garcia-McGrew, PE
Project Manager
174
SUBJECT: Adopt a Resolution Approving a Notice of Completion for Fire Station 35 Driveway Capital Improvement Project (CIP) 704 to be Recorded and Authorizing a Budget Augmentation of
$7,176. (Jacob Groeser)
SUBMITTED BY: Jacob Groeser
DEPARTMENT: Engineering
DATE: October 13, 2026
Item Number 13.D
STAFF RECOMMENDATION:

Staff recommends the City Council adopt a resolution (1) accepting the Fire Station 35 Driveway Capital Improvement Project (CIP) 704 as complete and authorizing the City Clerk to file the Notice of Completion with the Placer County Recorder (Attachment B), and (2) authorizing a budget augmentation of $7,176 from the unencumbered balance of Fund 1000 to CIP 704 – Fire Station 35 Driveway.

BACKGROUND/INTRODUCTION:

The Capital Improvement Program for FY 2025/26 includes CIP 704 – Fire Station 35 Driveway.

The Fire Station 35 Driveway Project consisted of a new driveway from the front of the station to the rear entrance of the building, the relocation of an existing on site fire hydrant, several new parking spots for employee vehicles, and miscellaneous repairs to the existing fire station pavement.

The invitation for bids was published in the Lincoln News Messenger and posted on Planet Bids and the City website on June 1, 2026.

On July 14, 2026, the City Council approved a resolution authorizing the City Manager to execute a contract for construction with V2 Grading and Paving Inc. in the amount of $106,169 for the construction of the project and authorizing the City Engineer to approve change orders not to exceed $15,925; and authorizing the City Manager to execute a contract with Blackburn

STAFF REPORT
175
Consulting for material inspection services for an amount not to exceed $8,343.

The project is complete and all change orders have been finalized for a total change order amount of $44,799 or 42% of the original contract amount.

FINDINGS/ANALYSIS:

Final inspection of the improvements was performed on August 18, 2026. Staff has determined that the work performed by V2 Grading and Paving, Inc. is complete and in conformance with the contract terms. V2 Grading and Paving Inc. has provided Warranty Bond (Attachment C) to guarantee the work for a period of one year from the filing of the attached Notice of Completion.

FISCAL IMPACT:

Budgeted
CIP 662 Fund 1000 $150,000
Total Budgeted $430,084
Actual Construction Cost
V2 Grading and Paving, Inc. $106,169
Blackburn (Special Inspection) $ 3,104
Contingency (42%) $ 44,799
Total Cost $157,176
Requested Budgeted Augmentation
Fund 1000 $7,176
ATTACHMENTS:

Attachment B CIP 704 Fire Station 35 NOC.DOC3.NOC Document.Oct13.jgroeser.docx 162 - Resolution NOC for Fire Station.doc
176
RECORDING REQUEST BY:

City Clerk
City of Lincoln
WHEN RECORDED MAIL TO:

City Clerk
City of Lincoln
600 Sixth Street
Lincoln, California 95648
(Exempt from recording fees Govt. Code 27383)

NOTICE OF COMPLETION
Fire Station 35 Driveway CIP 704
Owner: City of Lincoln
600 6th Street
Lincoln, CA 95648
County of Placer
State of California
NOTICE IS HEREBY GIVEN that on the 18
th day of August, 2026, a Final
Inspection on the Fire Station 35 Driveway Project (CIP 704) of the certain work described and awarded in contract to V2 Grading and Paving, and which was entered into on July 11, 2026, was performed, and all work was found to be in accordance with the specifications of said work filed with the City Clerk and adopted by the City Council of said City.

That said work of the Fire Station 35 Driveway Project (CIP 704) was completed on August 18, 2026, and accepted by the City Council of the City of Lincoln on October 13, 2026.

That the name of the surety on the contractor’s bond for payment on said contract is Merchants Bonding Company, a Maryland corporation. The scope of work for this project consisted of installing asphalt pavement, concrete curb, and the relocation of a fire hydrant in the City of Lincoln, California, for the City of Lincoln.

CITY OF LINCOLN
BY:

Hope Ithurburn, City Clerk
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date Signature
City of Lincoln
600 6th Street
Lincoln, CA 95648_________
Place
177
Resolution No. 2026-XXX

RESOLUTION 2026 -XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN AUTHORIZING (1) A BUDGET AUGMENTATION OF $7,176 FROM THE UNENCUMBERED BALANCE OF FUND 1000 TO CIP 704 – FIRE STATION 35; (2) ACCEPTING CIP 704 – FIRE STATION 35 DRIVEWAY AS COMPLETE

AND AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF
COMPLETION WITH THE PLACER COUNTY RECORER.

WHEREAS, on July 14, 2026, the City Council authorized the City Manager to execute a Construction Agreement with V2 Grading and Paving, Inc. for the Fire Station 35 Driveway Project; and
WHEREAS, all work with the above contract was completed on August 18; and
WHEREAS, City Staff recommends to the City Council that said completed project be accepted and a Notice of Completion be filed by the City.

NOW THEREFORE BE IT RESOLVED:

Section 1. That the City Council of the City of Lincoln authorizes the following:

1. A budget augmentation of $7,176 from the unencumbered balance of Fund 1000 to CIP 704 – Fire Station 35 Driveway.

2. The construction of the above-mentioned project be accepted as complete in accordance with the plans and specifications and the City Clerk to record the Notice of Completion for the said project on behalf of the City of Lincoln;
PASSED AND ADOPTED this 13th day of October, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
_
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
178
SUBJECT: Parkwood Development Agreement (Mikaela Noble) SUBMITTED BY: Mikaela Noble
DEPARTMENT: Community Development
DATE: October 13, 2026
Item Number 14.A
STAFF RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing, consider the information contained in the staff report, the testimony of the public, and the Planning Commission’s recommendation of approval, and take the following actions:

1. Determine that an Addendum to the Village 1 Specific Plan Environmental Impact Report (EIR) (SCH #2010102018) for the Parkwood project was previously adopted by the City Council, and therefore, no additional environmental review is required;

2. Consider waiving first reading and introduce by title only an Ordinance establishing a Development Agreement between the City of Lincoln and JEN California 28 LLC for the development of approximately 21 acres within the Village 1 Specific Plan Area.

BACKGROUND/INTRODUCTION:

The Parkwood project is located within the Village 1 Specific Plan. The subject property is approximately 21 acres and is zoned Village Medium Density Residential (VMDR) and Village Parks and Recreation (VPR). In October 2025, City Council approved a Small Lot Tentative Subdivision Map for the Parkwood project for the development of 122 VMDR units. An Addendum to the Village 1 Specific Plan Environmental Impact Report (EIR) was adopted as part of the project application (Attachment 1). At that time, the Development Agreement between the City of Lincoln (City) and JEN California 28 LLC (Owner) was still in process and was not brought forward with the project’s other entitlements.

The Village 1 Specific Plan requires adoption of a Development Agreement, which delineates the obligation of the project proponent and the City with respect to the project. This requirement was also included in the Parkwood project conditions of approval (Condition #4):

The ability to proceed under any approvals, entitlements, or authorizations granted by this action are contingent upon a Development Agreement being executed with the City of Lincoln, as per requirements of the approved Village-1 Specific Plan, and the Infrastructure & Public Facilities Financing Plan, which incorporates changes associated with this tentative map for the Applicant. Such Development Agreement shall be executed prior to City Council approval of any Final Map and may establish obligations to be completed prior to approval of any Final Map.

STAFF REPORT
179
The Parkwood Development Agreement vests the right to proceed with the development of the project in accordance with the approved project entitlements, including the Specific Plan and General Development Plan, and adopted EIR mitigation measures, and sets out obligations of both the City and the developer. It also specifies the public infrastructure (e.g., water lines, parks, drainage) that the project must construct, finance and maintain, either directly or through payments of fees. The City agrees to provide credits and/or reimbursements to the developer for the actual costs incurred to design and/or construct the required improvements.

The Development Agreement also lays out the obligations of the developer, including, but not limited to:

Payment of fees and exactions listed in the Development Agreement; Construction and/or financing of public infrastructure improvements necessary to serve the project, as set forth in the Village 1 Infrastructure Financing Plan; Dedicate to the City all rights to groundwater underlying the project site, if such dedication is also required by the City of other major developers or subdividers; Design the drainage system for the project in accordance with the Village 1 Master Drainage report;
Provide neighborhood and regional parks at the population ratios. This requirement can be met through payment of applicable park in-lieu fees and/or by constructing park facilities within the project site;
Comply with local, State and federal regulatory requirements for open space preservation and maintenance and habitat and wetland mitigation, including a financing mechanism;
Mitigate for impacts on biological resources as required by the EIR. This obligation can be met through payment of fees through the Placer County Habitat Conservation Plan, if available;
Agree to establish one or more Community Facility Districts (CFDs) to finance for funding of public infrastructure. Developer shall be solely responsible for a shortfall if the costs of applicable public improvements exceed the proceeds from the CFD; Provide funding through a financing district and/or special tax for maintenance of existing and new public facilities needed by the project as identified in the IFP. Alternatively, the HOA may perform any of the maintenance obligations that would otherwise be including within a financing district, subject to the City’s satisfaction; Provide a funding mechanism for public services needed by the project where the costs would fall short of the amounts identified in the tax sharing agreement between the City and County;
For interim public safety costs, provide either a one-time payment per building permit or an alternative financing mechanism to fund the shortfall in revenue prior to sale of homes; and
Pay prevailing wages for construction of public improvements, consistent with State law.

The timing of development is in the developer’s sole and absolute discretion. If there are conflicts between the Development Agreement, Specific Plan, General Development Plan, and/or project conditions of approval, the Development Agreement controls. In addition, the project is required to comply with future City-enacted rules, regulations, ordinances, laws and policies, unless doing so would conflict with or reduce the Developer’s vested development rights. The provisions of the Development Agreement run with the property, so they continue to be in force even if the property ownership is transferred. The term of the Development Agreement is 20 years after the effective date. The Final Development Agreement must be adopted by Ordinance by the City Council.
180
Planning Commission Actions
The City of Lincoln Planning Commission conducted a public hearing on the proposed project on Wednesday, September 16, 2026. There were no questions or comments provided by the Commission or the public. The Planning Commission recommended, by a 4-0-0-2 vote (two commissioners absent), that the City Council adopt an Ordinance to establish a Development Agreement for the Parkwood project.

ENVIRONMENTAL REVIEW:

No further environmental analysis is required because the Addendum to the Village 1 Specific Plan EIR (SCH #2010102018) was previously approved and adopted by the City Council was intended to be used in connection with each of the entitlements and subsequent approvals needed for the project consistent with other CEQA policies and requirements applicable to tiered EIRs, and the action is further exempted by CEQA Guidelines Sections 15182 (Projects Pursuant to a Specific Plan) and 15183 (Projects Consistent with Zoning).

ATTACHMENTS:

Ordinance_No._XXXX_Parkwood_DA.doc
Attachment 1 CC Reso 2025-164 Addendum
Attachment 2 Exhibit - Parkwood DA.pdf
181
Ordinance No. 1120B

ORDINANCE 1120B

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINCOLN ADOPTING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINCOLN AND JEN CALIFORNIA 28 LLC FOR THE DEVELOPMENT OF APPROXIMATELY 21 ACRES (PARKWOOD PROJECT) WITHIN THE VILLAGE 1 SPECIFIC PLAN AREA WHEREAS, the City of Lincoln (“City”) received an application from JEN California 28 LLC (“Developer”) for the Parkwood Project Development Agreement; and WHEREAS, Section 65864, et seq. of the California Government Code provides for the preparation and adoption of amendments to development agreements; and WHEREAS, the proposed Parkwood Project includes residential uses and open space consistent with the Village 1 land use designations and applicable development standards for the Parkwood Project site; and
WHEREAS, on November 27, 2012, the City of Lincoln City Council adopted the Village 1 Specific Plan, making findings concerning mitigation measures and alternatives, making a statement of overriding considerations, adopting a Mitigation Monitoring Program, and certifying the Village 1 Specific Plan Final Environmental Impact Report (EIR) (State Clearing House No. 2010102018) pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, on September 26, 2023, the City Council certified that the FEIR for the Village 1 Specific Plan analyzed changes to the Village 1 land use plan, including the realignment of Oak Tree Lane, associated revisions to the land use designations and a reduction in the total number of residential units to 5,610; and WHEREAS, on October 28, 2025, the City Council of the City of Lincoln did hold a duly noticed public hearing and, following discussion and public testimony, adopted an Addendum to the Village 1 Specific Plan in association with the Parkwood Project; and WHEREAS, on October 28, 2025 the City Council of the City of Lincoln did hold a duly noticed public hearing and, following discussion and public testimony, approved the Small Lot Tentative Map for the Parkwood Project; and WHEREAS, on September 16, 2026, the Planning Commission of the City of Lincoln, did hold a duly noticed public hearing and, following discussion and public testimony, voted to recommend the City Council approve the Development Agreement by and Between the City of Lincoln and JEN California 28 LLC; WHEREAS, notices describing the proposed Development Agreement for the Parkwood Project and the time and place of the City Council hearing, including a general explanation of the matter to be considered was published in a newspaper of 182
Ordinance No. 1120B

local circulation and sent to neighboring property owners pursuant to Chapter 18.92 of the Lincoln Municipal Code; and
WHEREAS, on October 13, 2026, the City Council did hold a duly noticed public hearing and, following discussion and public testimony, voted to introduce and waive the first reading to adopt the Development Agreement for the Parkwood Project. (provided in Exhibit A).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:

Section 1. The foregoing recitals are true and correct, and are hereby incorporated by reference.

Section 2. All mitigation measures contained within the Final EIR and Addendum to the Village 1 Specific Plan shall remain in force and effect and shall, to the extent still relevant, apply to the Project.

Section 3. Based upon the provisions of CEQA Guidelines Section 15182 and 15162, the preparation of an additional supplemental or subsequent EIR is not required prior to approval of the proposed entitlements.

Section 4. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan.

Section 5. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the Village 1 Specific Plan.

Section 6. The Development Agreement is compatible with the uses authorized by the Village 1 General Development Plan.

Section 7. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 8. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger. In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln 183
Ordinance No. 1120B

News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.

INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on October 13, 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
Exhibits:

A. Parkwood Development Agreement
184
Resolution No. 2025-164

RESOLUTION 2025-164

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN ADOPTING THE PROPOSED ADDENDUM TO THE CERTIFIED VILLAGE 1 SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (STATE CLEARING HOUSE # 2010102018) CERTIFYING THAT THE

PARKWOOD PROJECT WILL NOT RESULT IN ANY NEW SIGNIFICANT INFORMATION OF

SUBSTANTIAL IMPORTANCE, NEW IMPACTS, NEW MITIGATION MEASURES, NEW OR

REVISED ALTERNATIVES, OR AN INCREASE IN THE SEVERITY OF PREVIOUSLY IDENTIFIED IMPACTS THAT WOULD REQUIRE MAJOR REVISIONS TO THE VILLAGE 1 SPECIFIC PLAN

ENVIRONMENTAL IMPACT REPORT, AND THEREFORE, PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162, THE PREPARATION OF AN ADDITIONAL SUPPLEMENTAL OR SUBSEQUENT EIR IS NOT REQUIRED (APPLICANT: JEN CALIFORNIA 28, LLC / PROPERTY OWNER: PARKWOOD HOLDINGS, LLC) WHEREAS, the City of Lincoln received an application from JEN California 28, LLC seeking City approval of the Parkwood Project; and
WHEREAS, the proposed Parkwood Project includes residential uses and parks and recreation consistent with the Village 1 land use designations and applicable development standards for the Parkwood Project site; and
WHEREAS, on November 27, 2012, the City Council of the City of Lincoln certified the Final Environmental Impact Report (EIR) for the Village 1 Specific Plan (SCH #2010102018), which analyzed the environmental impacts of development within the 1,832- acre Specific Plan project area, including up to 5,639 dwelling units at ranges of 1.0 to 25.0 units per acre. Approximately 985 of the 1,832 acres are dedicated to residential uses, with approximately 40 acres of mixed-uses that could include residential development, retail, office, and public/semi-public facilities. Other uses included the existing Turkey Creek Golf Course, open space, parks, an elementary school and city-owned facilities; and WHEREAS, on September 26, 2023, the City Council certified that the Final EIR for the Village 1 Specific Plan analyzed changes to the Village 1 land use plan, including the realignment of Oak Tree Lane, associated revisions to the land use designations and a reduction in the total number of residential units to 5,610; and WHEREAS, all mitigation measures identified within the previously certified Final EIR and adopted Mitigation Monitoring Program, as revised on September 26, 2023, which is included as Exhibit B, shall remain applicable to the Parkwood Project; and WHEREAS, the mitigation measures provided within the previously certified Final EIR for the Village 1 Specific Plan have been imposed on and incorporated into the Project as Conditions of Approval, and will mitigate or avoid significant environmental effects; and Attachment 1
185
Resolution No. 2025-164

WHEREAS, the Project will not substantially modify the location of or area of land disturbance and will retain all lands previously anticipated to be preserved and undisturbed as analyzed in the EIR; and
WHEREAS, the City of Lincoln, as Lead Agency, has determined the Project includes minor technical changes as allowed in the Village 1 Specific Plan; and an Addendum to the certified EIR has been prepared (provided as Exhibit A); and WHEREAS, the City consulted with the United Auburn Indian Community of the Auburn Rancheria (UAIC) and reached agreement on treatment of Tribal Cultural Resources that could be affected by the Project, with consultation closing on Month, Day, Year; and WHEREAS, on September 17, 2025, the Planning Commission reviewed and considered the above Environmental Documents, and recommended that the City Council determine the Project would not result in any new significant environmental effects or substantial increases in the severity of significant effects previously identified in the EIR and certify the Addendum to the Village 1 Specific Plan EIR; and WHEREAS, notices describing the Parkwood Project and the time and place of the City Council hearing, including a general explanation of the matter to be considered was published in the Lincoln News Messenger and sent to neighboring property owners pursuant to Chapter 18.92 of the Lincoln Municipal Code; and
WHEREAS, on October 28, 2025, the City Council did hold a duly noticed public hearing and, following discussion and public testimony, voted to determine the Project would not result in any new significant environment effects or substantial increases in the severity of significant effects pervious identified in the EIR.

NOW THEREFORE BE IT RESOLVED:

Section 1. The foregoing recitals are true and correct, and are hereby incorporated by reference.

Section 2. All mitigation measures contained within the Final EIR for the Village 1 Specific Plan Project (SCH #2010102018), as revised, shall remain in force and effect and shall, to the extent still relevant, apply to the Project.

Section 3. Based upon the provisions of CEQA Guidelines Sections 15182 and 15162 and the documentation provided in Exhibit A, Addendum to the Village 1 Specific Plan EIR, the Attachment 1
186
Resolution No. 2025-164

preparation of an additional supplemental or subsequent EIR is not required prior to approval of the proposed entitlements.

PASSED AND ADOPTED this 28th day of October, 2025 by the following vote:

AYES: Councilmembers: Andreatta, Eklund, Pearl, Reedy
NOES: Councilmembers: NONE
ABSENT: Councilmembers: Brown
ABSTAIN: Councilmembers: NONE
___________________________
Holly Andreatta, Mayor
ATTEST:

Hope Ithurburn, City Clerk
Exhibits:

A. Addendum to the Village 1 Specific Plan EIR for the Parkwood Project B. Village 1 Specific Plan EIR Mitigation Monitoring Report Attachment 1
187
The Parkwood Project Addendum
1 September 2025
PARKWOOD PROJECT IN VILLAGE 1

CEQA ADDENDUM

INTRODUCTION
The Parkwood project (proposed project) is located within the Village 1 Specific Plan. The Village 1 Specific Plan (Specific Plan) provides direction for development of 1,832 acres of land within the City of Lincoln. The Specific Plan identifies land use designations and zoning for the plan area, the circulation system, utilities systems, parks and open space, and other planning considerations. In addition, the Specific Plan includes a wide range of goals and policies, design guidelines and development standards that would guide development within Village 1.

The City certified an Environmental Impact Report for the Village 1 Specific Plan EIR (SCH No. 2010102018), adopted the Mitigation Monitoring Program, and approved the Specific Plan on November 27, 2012. In 2013, revisions to the Specific Plan and an addendum were adopted to address changes to the Oak Tree Lane connection to Sierra College Boulevard and provision of an additional elementary school site. In 2015, 1,712 acres of the Village 1 Specific Plan were annexed into the City.

Approximately 120 acres of the adopted Specific Plan were not included in the annexation due to opposition of the property owners. In March 2020, the Specific Plan was revised, and rezoning was adopted for a portion of the plan area known as Turkey Creek Estates, which occupies 248 acres on the eastern side of the plan area, north of McBean Park Drive. The amendments reduced the amount of land designated Village Country Estates (VCE) and increased the amount of Village Low Density Residential (VLDR) acreage within the northern portion of the Turkey Creek Estates project. This resulted in a reduction of 128 VCE units and a corresponding increase of 128 VLDR units. Parks acreage was also reduced slightly, and there was an increase in the amount of open space. The total amount of developable acreage within the Specific Plan was unchanged. In September 2023, the City Council approved another amendment to the Village 1 Specific Plan, realigning Oak Tree Lane and making minor modifications to the land use plan. As a result, the total number of residential units was reduced to 5,610 from 5,639.

The Parkwood project is proposed for Village 1 Planning Areas (PA) 27A, 27C, 65D and 70. The Parkwood project would make minor changes to the boundaries of the land use designations for Village Medium Density Residential (VMDR) and Village Park/Recreation (VPR) (see Figure 4 below).

The California Environmental Quality Act (CEQA) Guidelines Section 15163 state that a lead agency or responsible agency may prepare a Supplement to an EIR if any of the conditions described in Section 15162 for a Subsequent EIR are present, and if only minor additions or changes to the previous EIR are necessary to make the previous EIR adequately apply to the project in the changed situation. The following are conditions contained in the CEQA Guidelines Section 15162 that would apply to the preparation of a Subsequent EIR:

1. Substantial changes are proposed in the project which would require major revisions of the previous EIR or negative declaration due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken, which would require major revisions of the previous EIR or negative declaration due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

EXHIBIT A
Attachment 1
188
The Parkwood Project Addendum
September 2025
2 a) The project would have new or more significant effects not discussed in the previous EIR or negative declaration;
b) Significant effects previously examined would be substantially more severe than shown in the previous EIR;
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the proposed proponents decline to adopt the mitigation measures or alternative; or
d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adapt the mitigation measure or alternative.

If there are some changes to the project, or if additional information is needed, but none of the above criteria are met, then the Lead Agency may prepare an addendum (CEQA Guidelines Section 15164).

This addendum evaluates whether the Parkwood project is fully and adequately addressed by the Village 1 Specific Plan EIR, as most recently modified and certified. For the reasons discussed below, the proposed Parkwood project would not result in new significant environmental impacts or substantially increase the severity of environmental impacts identified in the Village 1 EIR. As discussed below, the proposed changes to land use acreages would not substantially increase any impacts identified in the EIR. The discussion in this Addendum focuses on impacts that were found to be significant, with or without mitigation, in the Village 1 EIR and/or for which the proposed Parkwood project would result in a substantial change in the severity of an impact (either reducing or increasing the severity).

PROJECT OVERVIEW
The Parkwood project provides for 122 medium density residential units, associated infrastructure and

4.2 acres of parks on approximately 21 acres located within the Village 1 Specific Plan area within the City of Lincoln.

Project Location
The project site is located in the City of Lincoln south of McBean Park Drive within the Village 1 Specific Plan (see Figures 1 and 2). The Assessor’s Parcel Number is 021-274-071-000. The project site is bounded by the Placer County corporation yard and former gun range and missile site to the west, undeveloped properties to the north and east, including the proposed Leavell Ranch project, and the Hidden Hills subdivision to the south. The Oak Tree Lane extension is under construction and bounds the southern border of the project site.

The VPR-zoned portion of the parcel at the northern edge of the property contains a portion of a large pond that is intended to be incorporated into a regional park when the Specific Plan is fully developed.

There are a number of existing structures on the project site associated with a vacant rural residence, including a burned home site, large metal outbuilding, garage, sheds, bridges and hardscape. These home site dates from the 1990s. None of the structures are occupied or maintained at this time and would all be removed during site preparation for the proposed project.

Proposed Project Components
A total of 122 residential units are proposed on 15.8 acres. All units would be medium density, with an overall average density of 7.7 units per acre, which is consistent with the VMDR designation.

The proposed project also includes two parks – including a portion of the regional park site that will be

EXHIBIT A
Attachment 1
189
The Parkwood Project Addendum
September 2025
3 dedicated to the City – occupying a total of 4.2 acres and approximately 0.40 acres of landscape corridors.

The layout of the proposed project is shown in Figure 3.

The proposed project would develop the project site with land uses and densities that are consistent with the adopted Specific Plan. The acreage for each use would vary slightly from the adopted Specific Plan, as shown in Table 1 and Figure 4. In addition, parcel boundaries would be modified slightly, including the boundaries for the VPR parcels. As a result, there would be an increase of 1.4 acres of parks and recreation acreage, an increase of 85 percent for the project site. The amount of acreage for residential uses would be reduced by approximately 1.4 acres, or about 8 percent.

Table 1
Land Use Comparison
Land Use/Zone Adopted Specific
Plan Acreage
Proposed
Acreage
Difference
Village Medium Density
Residential (VMDR)

17.2 15.8 -1.4
Village Parks and Recreation
(VPR)

2.8 4.2 +1.4
Landscape Corridor (Village
Open Space)

0.4 0.4 0
Rights-of-Way 0.5 0.5 0
Total 20.9 20.9 0

The 122 residences built within the project site would be single or two story. All units would be single family. Lots would range from 29 to 135 feet in width (most lots would be 40-45 feet wide) and 78 to 142 feet in depth. Lot sizes would range from 3,238 square feet to 8,586 square feet, with an average lot size of 4,174 square feet.

Circulation
Primary access to the project site would be provided by Silverado Trail, a new collector street proposed north of Oak Tree Lane and west of the project site. Silverado Trail would be constructed adjacent to but outside of the project boundaries through an agreement with the adjacent landowner. Silverado Trail would have two 11-foot travel lanes. Separated sidewalks, bike/NEV lanes and planters would be provided on either side of the roadway.

Ultimately, Silverado Trail is intended to be extended farther north in order to provide access to the planned Regional Park west of the project site in the future.

Secondary access would be provided by a connection to the extension of Oak Tree Lane currently under construction as part of the Hidden Hills subdivision to the south. Oak Tree Lane adjacent to the project site is planned to have single travel lanes in each direction and a 13-foot median, with bike/NEV lanes, separated sidewalks and masonry sound walls on each side.

Internal streets would have two travel lanes and either separated or adjacent sidewalks. An east-west roadway connection would also be provided to the adjacent property project to the east. No trails are proposed to be built with this project.

Utilities
New onsite and offsite infrastructure are proposed to be constructed as part of the project consistent with the Village 1 Specific Plan. Water, sewer and drainage services will be provided by the City of Lincoln. Under the Village 1 Specific Plan, major water, sewer and dry utility lines would be placed within the Oak Tree Lane right-of-way, connecting to lines in SR 193/McBean Park Drive. The

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4 proposed project’s utility lines will connect to the lines in Oak Tree Lane. The utilities within Oak Tree Lane are currently being constructed and are anticipated to be complete prior to buildout of the proposed project. The proposed project is intended to be served entirely by gravity flow. As an alternative, a lift station may be installed in Silverado Trail if necessary in order to make the sewer system work efficiently.

Project stormwater runoff would be conveyed to the northern park site, entering the existing swales and flowing into the pond in the northwest corner of the project site, and from there to the larger pond to the north. Silverado Trail would be captured in storm drain lines within the road. The northern portion would connect to the project storm drain system; the southern portion would discharge to the system within Oak Tree Lane.

Other
Temporary construction easements (CE’s) are proposed outside of the project site. CE’s are proposed west of the project site within the Regional Park site, and north of the project site within an area designated Village High Density Residential (VHDR). Another CE is proposed east of the project site within a portion of Leavell Ranch designated VMDR. Development of this area was addressed in the CEQA Addendum prepared for the Leavell Ranch project prior to its recent approval.

The intent of these easements is to allow some grading offsite to conform to grading on the adjacent parcels. At this time, the only project that is anticipated to be constructed in the same timeframe as the proposed project is Leavell Ranch to the east. Similar to Leavell Ranch, development on the parcels to the west and north would be subject to CEQA prior to any ground disturbance. Therefore, the temporary construction easements are not addressed further in this Addendum.

The applicant intends to transfer some density from the project site to another project (Stardust 12), under the same ownership, in the eastern portion of Village 1. The construction of the Parkwood project is not contingent on development of the Stardust 12 project that would receive the density transfer, and the City will not be approving the transfer as part of the Parkwood project approvals. The environmental impacts of increasing the density on the Stardust 12 project will be addressed as part of the CEQA analysis for that project, and the City will then decide whether to approve the transfer.

Therefore, the density transfer is not addressed further in this Addendum.

ENVIRONMENTAL ANALYSIS
Aesthetics and Visual Quality
The Village 1 EIR found that changes in the visual character of the plan area would be a significant and unavoidable impact due to the conversion of open views of agricultural land and oak woodlands to an urban and suburban development (Impact 4.1-2). The City adopted a Statement of Overriding Considerations documenting that the benefits of the Specific Plan outweighed the environmental effects, including changes in visual quality. The EIR also found that the introduction of lighting into the plan area would be mitigated to a less-than-significant level with mitigation requiring that all light standards be shielded and directed downward (Impact 4.1-3).

The proposed Parkwood project would not substantially alter the visual impacts identified in the Specific Plan. The project site is not visible from any existing roadways, but would be visible from other development within Village 1, including from the Oak Tree Lane extension. Project development would comply with the Village 1 Specific Plan Design Guidelines, and would be compatible with other Village 1 development.

The project site is not visible from a scenic highway, existing public gathering areas (e.g., parks) or roadways, or from existing residential areas. Therefore, the development would not alter existing, publicly-accessible views, so no new visual impacts would occur.

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5 The proposed project would introduce new sources of light; however, compliance with Mitigation Measure 4.1-3 (shielding light fixtures and directing them downward) will ensure that the impact is not more severe than indicated in the Village 1 EIR.

Impacts Associated with Ground Disturbance
The proposed project proposal would not alter the amount of Open Space or the acreage to be disturbed within the Village 1 Specific Plan area. Therefore, as discussed in more detail below, impacts related to ground disturbance, such as loss of biological habitat and generation of dust, would be essentially the same as those identified in the Village 1 EIR.

The proposed project identifies one offsite improvement—the partial construction of Silverado Trail west of the project site. Silverado Trail would be a roadway that provides access to the proposed project, and ultimately, to the Regional Park west of the project site. This park access is shown in the Village 1 Specific Plan, and was therefore considered in the Village 1 EIR at a programmatic level.

Because this area was assumed to be developed in the Village 1 Specific Plan and EIR, it would not increase the area of disturbance for the Specific Plan as a whole, nor increase the impacts associated with ground disturbance.

Agriculture
The site is designated “Farmland of Local Importance” on the Important Farmland map1, which is not considered Important Farmland, and is not under a Williamson Act contract. Therefore, development of the project site would not result in the substantial loss of agricultural resources (Impacts 4.2-1 and

4.2-2).

Biological Resources
A Biological Resources Assessment and an Aquatic Resources Delineation Report were prepared for the project site. Surveys were conducted of the project site and the temporary construction easements, which include the Silverado Trail alignment. Like much of the Village 1 plan area as a whole, the Parkwood project site consists primarily of non-native annual grassland and oak woodland. The project site also contains previously developed areas, including an approximately one-acre rural residential site and a road.2
The project site also contains a total of 1.032 acres of wetlands and other waters; an additional .00022 acres of seasonal wetlands are located offsite, in the Silverado Trail alignment. 3 An approximately

0.741-acre pond is located in the northwest corner of the project site. 4 This pond drains to a large
pond located north of the project site.

There are three seasonal wetlands located in the eastern portion of the project site, totaling 0.036 acres.5 In addition, there are two seasonal wetlands swales, totaling 0.255 acres, that convey storm water runoff and flow east to west into the pond.6
There are also two seasonal wetlands located in the northern portion of Silverado Trail that would be constructed to provide access to the project site.7 These seasonal wetlands, totaling 0.0022 acres, are located in an upland ditch that is no longer used to convey water, and do not appear to receive enough runoff to flow to the ditch that flows into the pond.8 The applicant is requesting a Preliminary

1 California Important Farmland Map, https://maps.conservation.ca.gov/dlrp/ciff/, accessed June 27, 2025. 2 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Table 2. 3 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, Attachment B. 4 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, Attachment B. 5 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, Attachment B. 6 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, page 6. 7 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Figure 5. 8 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, page 5.

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6 Jurisdictional Determination for the wetlands on the project site.9 The project site does not contain any stream systems, mapped 100-year floodplains, or vernal pools.10 There is a high probability that one special-status species could use nesting and foraging habitat within the project site: white-tail kite.
11 The project site provides moderate potential habitat for a number of special-status species. Woolly rose-mallow, a special-status plant, could occur in the fringes of the pond, rock walls and/or the bridge footings of one of the wetland swales. Other special-status plant species, specifically Ahart’s dwarf rush, Legenere and Sanford’s arrowhead, could occur within wetlands and wetland swale edges. Vegetation adjacent to the pond could provide nesting habitat for tri-colored blackbird. The annual grassland and oak savannah also provide suitable habitat for grasshopper sparrow and Swainson’s hawk.
12 There is a low probability that the following special-status plant species could occur on site. Big-scale balsam root could occur within annual grasslands and oak savannah. Spicate rosinweed could occur in rock outcrops and granite piles. Dwarf downingia and pincushion naverretia could occur within seasonal wetlands and swales. Boggs Lake hedge-hyssop could occur in seasonal wetlands or the margins of the pond. Brazilian watermeal could occur in the pond.13 Animal species with a low probability of occurring include vernal pool fairy shrimp and western spadefoot, which could use seasonal wetlands and swales. Bird species with some, but low, probability of occurring on site include burrowing owl, bald eagle and California black rail. Limited small willows and cottonwoods found within the project site could provide roosting habitat for one special-status bat species—western red bat, which is a State species of special concern. However, it is typically found in riparian areas (which would not be affected by the project), and no occurrences have been documented within 5 miles of the project site. For these reasons, there is a low likelihood of this species occurring within the project site.14 The pond and the surrounding upland areas could provide habitat for western pond turtle.
15 No elderberry shrubs, which provide habitat for the Valley elderberry longhorn beetle, were identified during surveys of the project site.16
With the exception of the pond, the Parkwood project would replace the natural habitats with residential development, streets, recreational uses and associated facilities. The loss of biological resources would be similar to the impacts assumed under the Specific Plan as adopted, because the proposed project would develop the same amount of acreage. The conversion of approximately 20 acres to urban uses, plus the acreage for the Silverado Trail, would result in a loss of wetlands and wetland species, including vernal pool fairy shrimp and western spadefoot (Impacts 4.1-1, 4.4-2, 4.4-15 and

4.4-17 of the EIR), the potential loss of special-status plant species habitat (Impact 4.4-3), potential loss of western pond turtle and/or degradation of its habitat (Impact 4.4-4), the loss of oak woodlands (Impact 4.4-14), and the potential disturbance for nesting and/or foraging habitat for several bird species (Impacts 4.4-5 through 4.4-8, 4.4-10 and 4.4-16). The Village 1 EIR anticipated development of this area, so the loss of biological resources would not result in new or substantially more severe impacts on biological resources.
9 Madrone Ecological Consulting, Aquatic Resources Delineation Report, March 2025, page 6. 10 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, pages 14 and

16. 11 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Table 5. 12 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Table 5. 13 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Table 5. 14 Madrone Ecological Consulting, Bat Habitat Assessment, Parkwood Lincoln, July 15, 2025, Page 4. 15 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, Table 5. 16 Madrone Ecological Consulting, Biological Resources Assessment, Parkwood Property, July 2025, page 16.

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7 The Village 1 EIR identified mitigation measures that would reduce impacts on biological resources to a less-than-significant level. These measures included rare plants, western pond turtle, vernal pool crustacean and nesting bird prior to initiation of ground disturbance, ensuring no net loss of wetland resources (which can be achieved through the US Army Corps of Engineers 404 permit), and compensation for loss of oak woodlands. Since the Village 1 Specific Plan was originally adopted, Placer County prepared and adopted the Placer County Conservation Plan (PCCP), which addresses many of the special-status species and habitats that are identified in the Village 1 EIR. In 2020, The City of Lincoln adopted the PCCP and made findings that the PCCP EIS/EIR adequately addressed the environmental impacts of the PCCP, including the environmental effects of future development.

The City’s adoption of the PCCP requires that development projects participate in the PCCP in order to mitigate the effects on those species addressed by PCCP and that would be adversely affected by the project development. Therefore, Village 1 mitigation measures addressing species covered by the PCCP have been supplanted by the requirement to comply with the PCCP.

Therefore, in lieu of implementing the biological resources mitigation measures, the Parkwood applicant must pay fees to the Placer County Conservation Plan (PCCP) for those species and habitats covered by the PCCP. The PCCP is a regional, comprehensive program intended to protect, enhance, and restore natural resources in western Placer County, while streamlining permitting for urban development. The PCCP includes three program components:
• The Western Placer County Habitat Conservation Plan and Natural Community Conservation Plan, a joint habitat conservation plan and natural community conservation plan (HCP/NCCP) that would protect fish, wildlife, plants, and their habitats and fulfill the requirements of the federal Endangered Species Act of 1973, as amended (ESA), and the California Natural Community Conservation Planning Act (NCCPA).
• The Western Placer County Aquatic Resources Program (CARP) that would protect streams, wetlands, and other water resources and fulfill the requirements of the Clean Water Act (CWA) and analogous state laws and regulations.
• The Western Placer County In-Lieu Fee Program (ILF Program) that fulfills compensatory mitigation requirements under Section 404 of the CWA.17 The PCCP encompasses approximately 270,000 acres in western Placer County, including the City of Lincoln. It addresses a wide range of habitat and species, including several species each of fish, invertebrates, amphibians, reptiles, birds and mammals. Most of the special-status species that could occur within the project site are covered by the PCCP, including Swainson’s hawk, western pond turtle, California black rail, tricolored blackbird, vernal pool crustaceans, and Valley elderberry longhorn beetle.18 The PCCP is also designed to provide for conservation of landscapes and natural communities through establishment of a reserve system, stream protection measures, and wetland conservation with no net loss of wetland values or function. For example, the loss of oak woodlands and/or wetlands could be mitigated through payment of the PCCP fee, which would be used to preserve and/or enhance areas with these habitats.

For those habitats or species that are not covered by the PCCP, a project would need to implement the applicable CEQA mitigation. In the case of the Parkwood project, five plant species have low to moderate potential to occur on sit – Woolly rose-mallow, Ahart’s dwarf rush, Legenere, Sanford’s arrowhead and Brazilian watermeal – and the PCCP does not address these plants. Therefore, the project would still need to implement Mitigation Measure 4.4-3, which addresses rare plant species.

Note that the Brazilian watermeal would only occur in the pond, which would be undisturbed by the

17 Placer County, Placer County Conservation Program Final Environmental Impact Statement/Environmental Impact Report, May 2020, Table 2-11, page 1-1.
18 Placer County, Placer County Conservation Program Final Environmental Impact Statement/Environmental Impact Report, May 2020, Table 2-11, page 2-39.

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8 project. Mitigation Measures 4.4-13, which addresses ambient light affecting wildlife, would also need to be implemented even if the applicant paid the PCCP fee.

Although the likelihood of special-status bats occurring on the project site is low, the following mitigation measure is recommended to further reduce the less-than-significant impact on bat species:

Mitigation Measure 4.4-12(c)
If construction commences after July 2026, a qualified biologist shall conduct a bat habitat assessment as described. If roosting bats are discovered, the measures identified on pages 4 and 5 of the Bat Habitat Assessment (July 2025) prepared by Madrone Ecological Consulting in order to protect roosting bats.

Cultural and Paleontological Resources
At the time that the Village 1 EIR was prepared, only portions of the plan area had been surveyed for cultural resources. Mitigation Measures 4.5-1 and 4.5-2 require that surveys for historically significant and archaeological resources be conducted for those areas that had not been previously surveyed. In addition, for those resources that had been previously identified, they should be evaluated for eligibility for listing on the National Register of Historic Places (NHRP) and California Register of Historic Resources (CRHR).

As required by Mitigation Measures 4.5-1 and 4.5-2, in 2024, ECORP Consulting, Inc. prepared an evaluation of cultural resources located within the project site, including a records search and a field survey of the entire project site, the Silverado Trail alignment that would serve the project and the temporary construction easements.
19 No prehistoric features were identified.20
Several buildings associated with a rural residence, including a garage and outbuildings, are present within the Project Area. The burned remains of a residence are located to the west of the garage and outbuildings. According to a review of aerial photographs and topographic maps, the buildings date from the 1990s. One building is first depicted on the 1992 topographic map, with the remaining buildings being visible on the 1995 aerial photograph.
21 Because the buildings on the project site are
less than 45 years old, they would not be considered historically significant (Impact 4.5-1).

Although the site survey did not identify any cultural resources within the project site, there is the possibility that subsurface resources could be present. Construction activities, particularly grading and excavation, could damage or destroy such resources if they are present. Mitigation Measure 4.5-3 requires that a preconstruction training be provided to construction workers regarding the potential to find unanticipated cultural resources. In addition, Mitigation Measure 4.5-3 requires that if a cultural resource is discovered during construction, all activities within 100 feet of the find must cease until an archaeologist, and if the find is prehistoric, a representative of the tribe can examine the find. It also requires appropriate treatment of any archaeological or tribal cultural resources that are discovered.

Additional requirements for treatment of human remains are provided in Mitigation Measure 4.5-4.

Mitigation Measures 4.5-3 and 4.5-4 would ensure that the resources are protected from harm, evaluated, and handled by qualified individuals.

Tribal Cultural Resources
19 ECORP Consulting, Inc., Cultural Resources Inventory Report for the Parkwood Project Property, October 2024. 20 ECORP Consulting, Inc., Cultural Resources Inventory Report for the Parkwood Project Property, October 2024, page 34.
21 ECORP Consulting, Inc., Cultural Resources Inventory Report for the Parkwood Project Property, October 2024, page 32.

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9 Although no prehistoric resources were identified within the project site, there could be resources present that are important to local tribes. Mitigation Measure 4.5-2, as revised in September 2023, outlines the process for consultation with California Native American tribes that are traditionally and culturally affiliated with the Village 1 plan area, and that requested notification pursuant to AB 52. The City notified the United Auburn Indian Community (UAIC) of the proposed Parkwood project, and the shared the finding of the Cultural Resources Report that no prehistoric resources were identified during site surveys. At the time that this Addendum was prepared, consultation with the tribe was closed on October 10, 2025.

Hazardous Materials
The EIR identified several potential impacts due to potential contamination, including exposure to soil or groundwater contamination due to past agricultural and other uses (Impacts 4.7-2 and 4.7-4), and/or lead-based paint and asbestos in structures to be demolished (Impact 4.7-3). As required by Mitigation Measure 4.7-2, a Phase 1 Environmental Site Assessment (ESA) was prepared for the Parkwood project and prior to approval of a specific development permit, any recommendations of the Phase 1 ESA be implemented.

The structures on the project site were constructed in the 1990s, after the use of lead paint and asbestos had been prohibited by law. Given their recent age, the demolition of those structures would not have the potential for exposure to asbestos, lead-based paint or PCBs (Polychlorinated Biphenyls).
22 Review of various databases identified a number of sites within ½ to 1 mile of the Parkwood site that have been listed as involving hazardous materials. Of particular note, the Beale Air Force Titan missile facility, which was located on Oak Tree Lane, is located immediately west of the project site. The missile site is located within Village 1 on a parcel designated Village Park and Recreation (VPR).

Operations at the facility resulted in groundwater contaminated with several hazardous substances, including trichloroethylene (TCE) and benzene. The Village 1 EIR addressed hazardous materials impacts resulting from the abandoned Titan missile base. The Parkwood project site is adjacent to the former missile site parcel; however, the project is not located on parcels that are directly affected by the abandoned missile base. According to Wallace Kuhl’s review of groundwater studies prepared for the missile site, affected groundwater does not extend under the project site.23 In addition, ENGEO collected soil gas samples to determine if the project site had been affected by contaminants emanating from the missile base site. Analysis of the samples included benzene, total petroleum hydrocarbons and TCE. TCE, the primary constituent of concern for the former missile site, was not reported above the laboratory detection limit.
24 Based on the levels of these constituents that were
found in site soils, the Phase 1 ESA concluded that the project site is suitable for residential development.
25 Other hazards sites in proximity to the project site include the former Placer County Corporation Yard, which contained a shooting range, and a fire station that contained leaking underground storage tanks that require no further action, would not negatively affect the project site.26 A Soil Remediation Work Plan has been prepared for remediation of the lead located on the shooting range site, and Placer County has secured a consultant to undertake the remediation.27 A reconnaissance of the project site was conducted, including the residential site. No evidence of

22 ENGEO Incorporated, Phase 1 Environmental Site Assessment, August 2, 2024, page 13. 23 Wallace Kuhl & Associates, Phase 1 Environmental Site Assessment, Parkwood Subdivision, Oak Tree Lane, Lincoln, Placer County, California, August 22, 2022, page 17. 24 ENGEO Incorporated, Phase 1 Environmental Site Assessment, August 2, 2024, page 6. 25 ENGEO Incorporated, Phase 1 Environmental Site Assessment, August 2, 2024, page 6. 26 ENGEO Incorporated, Phase 1 Environmental Site Assessment, August 2, 2024, page 8. 27 Steve Newsom, Director of Facilities Management, Placer County, memorandum to the Board of Supervisors, June 10, 2025.

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10 contamination was identified. Several decaying 55-gallon drums were present. These were marked “motor oil” but little or no liquid was found in the drums, and there was no evidence of residual liquid, leakage or soil staining. Nonetheless, the Phase 1 ESA recommends that the drums be removed by a licensed professional.28 As noted above, Mitigation Measure 4.7-2 requires that recommendations provided in the Phase 1 ESA must be implemented.

Because the Village 1 EIR anticipated the historic uses within the plan area, including the Parkwood project site, and there are no identified contaminants that would affect human health or the environment, the Parkwood project would not alter the severity of impacts related to hazardous materials.

Hydrology and Water Quality
The amount of acreage that would be developed under the proposed project would be consistent with the Village 1 EIR assumptions. As a result, the proposed project would generate a similar amount stormwater runoff. The introduction of approximately 20 acres of development could increase flood volumes requiring storage (Impacts 4.8-1, 4.8-2, 4.8-7 and 4.8-9), as well as the potential degradation of stormwater runoff due to erosion and/or urban contaminants (Impacts 4.8-4, 4.8-5 and 4.8-9). The mitigation measures identified in Section 4.8, Hydrology and Water Quality, would be required of the Parkwood project, and would be adequate to reduce impacts related to water quality, flooding and hydrology to a less-than-significant level.

Land Use
The Parkwood project would not alter the potential for land use conflicts within the plan area because the same types and intensities of uses as provided for in the Specific Plan would be developed (Impact

4.9-1). There would not be, for example, a substantial change in the types of land uses within the project site, or the allowable residential densities and/or commercial square footage.

There are agricultural uses in the immediate vicinity of the project site. For the most part, lands adjacent to the project site are used for rural residential and low-intensity agriculture, such as grazing.

However, those uses are planned to be replaced by other Village 1 development. After buildout of the Specific Plan, the project site would not be adjacent to any agricultural or rural land. Therefore, there would not be a conflict between the project and agricultural uses.

Noise
At present, there are no existing residences within or adjacent to the project site. However, the City has recently approved several projects within Village 1, including two that are adjacent to the proposed project – the Hidden Hills subdivision to the southwest and the Leavell Ranch project to the east.

Homes within the subdivisions could be constructed prior to project construction. If that is the case, residents of these areas could be subjected to heavy equipment and other noise due to project construction. Mitigation Measure 4.10-2 would reduce impacts associated with construction activities to a less-than-significant level by limiting construction hours, locating staging areas away from residential areas, muffling construction equipment and notifying residents within 300 feet of the project site when construction would occur. Because the proposed project would not alter the area being developed, this measure would continue to be adequate to address project construction.

The proposed project would not alter traffic generated by the Village 1 plan area, so there would be no change in future traffic noise levels (Impacts 4.10-1 and 4.10-4). As shown in Village 1 Draft EIR Table 4.10-12, the 60 dBA Ldn contour would be approximately 207 feet from the centerline of Oak Tree Lane.
29 Residents within these contours could be exposed to exterior and interior noise levels that exceed City standards. Mitigation Measure 4.10-5(a) requires that one or more measures be 28 ENGEO Incorporated, Phase 1 Environmental Site Assessment, August 2, 2024, page 11. 29 City of Lincoln, Draft Environmental Impact for the Village 1 Specific Plan, May 2012, Table 4.10-2.

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11 included to reduce noise levels for residences in areas where the external noise levels would exceed 60 dBA Ldn, such as noise barriers, windows with a minimum sound rating of 32 and no exterior wall cavities. Sound walls are proposed to be constructed along Oak Tree Lane, including the portion adjacent to the project site, and along and the portion of Silverado Trail adjacent to the project site.

These measures would ensure that project residents would not be exposed to unacceptable traffic noise levels.

Traffic, Air Quality, and Greenhouse Gas Emissions
Traffic
Since the Specific Plan was adopted, the CEQA Guidelines have been revised to shift the analysis of traffic impacts from Level of Service (LOS) to Vehicle Miles Traveled (VMT). After July 1, 2020, EIRs must analyze a project’s effect on VMT, and LOS can no longer be used as a standard of significance for CEQA purposes. The Village 1 Specific Plan EIR did not address VMT, because LOS was the standard of significance used to evaluate traffic impacts at that time. While changes in level of service are no longer evaluated under CEQA, the City does have General Plan policies that address LOS.

Because the Parkwood project would not increase the number or distribution of units within the Village 1 plan area, the project would not change the amount of traffic. Consequently, the proposed Parkwood project would not alter the conclusions of the EIR with respect to levels of service; therefore, no changes in the size or nature of roadway infrastructure would be needed. Further, it would not increase the number of vehicle miles traveled associated with the Specific Plan (Section 14 of the Draft EIR).

In addition, as required by Mitigation Measure 4.14-7, the Parkwood project would contribute its fair share toward the funding of improvements identified as mitigation.

The Village 1 Specific Plan EIR also analyzed the effects of the Specific Plan on transit demand (Impact 4.14-5) and pedestrian, bicycle and NEV vehicle use (Impact 4.14-6). No changes to the provision of transit, bicycle/NEV lanes or pedestrian facilities are proposed by the Parkwood project.

Bike/NEV lanes and sidewalks would be provided on the portion of Oak Tree Lane through constructed by the project; therefore, these impacts would continue to be less than significant under the proposed project.

Air Quality and Greenhouse Gas Emissions
Construction activities would generate dust and construction vehicle emissions (Impact 4.3-1).

Project construction would comply with Mitigation Measure 4.3-1, which requires dust control and other measures to reduce air pollutant emissions during construction. The proposed project would not increase the amount of acreage that could be developed, so there would be no change in the amount of emissions generated during construction. Therefore, the short-term significant and unavoidable impact due to construction emissions would not be more severe than identified in the Village 1 EIR.

Motor vehicle use is one of the major sources of both air pollutants and greenhouse gas emissions.

The proposed Parkwood project would not alter the total number of dwelling units or the amount of commercial development within the Village 1 plan area. Therefore, the amount of vehicle and other emissions generated would be consistent with the EIR assumptions, and the conclusions of the EIR would not change (Impacts 4.3-2, 4.3-3, 4.3-5, 4.3-6 and 4.6-1).

Public Services and Utilities
Parks and Open Space
New development within Lincoln is required to provide both preserved open space and traditional parks. The Village 1 Specific Plan includes 40% of open space (732.8 acres), which is consistent with the General Plan open space requirement. In reviewing the appropriate amount of park land within a development project, the City considers the amount of parkland anticipated in the

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12 Village 1 Specific Plan, the General Plan park standards and the unique characteristics of the individual project.

The City of Lincoln General Plan establishes a standard of 3 acres of Neighborhood Park, 3 acres of open space and 3 acres of citywide parks per 1,000 residents within any project that is approved subject to a Development Agreement, which is required for this project. The Village 1 Specific Plan adjusted the requirement for neighborhood parks to 2.43 acres per 1,000 residents due to the large amount of open space provided within Village 1.30 The Village 1 Specific Plan establishes the household population (number of persons expected per household) for various residential densities. The assumed household population of medium density residential development is 2.8 persons per household for medium density residential development.
31 Given that the project proposes a maximum of 122 medium density homes, the Parkwood project is projected to have approximately 341 residents at build out. Therefore, the Parkwood project would be required to provide for 1 acre of open space, 1 acre of regional park and

0.83 acres of neighborhood park.

The project’s obligation for .83 acres of neighborhood parks will be met through the development of approximately 1.5 acres of parkland on the project site. The obligation for one acre of regional park will be partially met through dedication of 2.7 acres of parkland in the northwest corner of the project site; this area is designated to become part of the regional park. In addition, the proposed project would be subject to park fees as required by Mitigation Measure 4.12-7. These fees would off-set the cost of constructing the neighborhood/community parks planned within the Village 1 plan area, which could include developing the remainder of the lakefront in the western portion of the Specific Plan area.

The project’s obligation for one acre of open space is met though the designation of open space throughout Village 1. The proposed project would not increase the demand for open space beyond the level identified in the Specific Plan. Approximately 40 percent of the Village 1 area is designated Open Space, and the proposed project would not alter that amount.

The EIR found that the impacts on other public services would be less than significant, which would continue to be the case under the proposed Parkwood project.

Other Public Services and Utilities
The Village 1 EIR found that the increased demand for law enforcement, fire protection and public schools would not result in significant environmental effects (Impacts 4.12-1 through 4.12-6). The Parkwood project would not alter the number of residential units, commercial square footage or residents within Village 1 at buildout, so these impacts would remain less than significant.

The Village 1 Specific Plan area, including the project site, is in an area designated Moderate on the CAL FIRE Fire Hazard Severity Zones mapping, and is therefore not considered at substantial risk of wildfire.32
Similarly, because the Parkwood project would not alter the total number of residential units or commercial square footage within the Village 1 plan area, and would install infrastructure needed to serve both the project and future Village 1 development, there would be no change in demand for water supply, and generation of wastewater, energy and solid waste (Impacts 4.13-1 through 4.13- 12).
30 Frayji Design Group, Inc., Village 1 Infrastructure and Facilities Financing Plan (Financing Plan), Volume 2, Infrastructure and Phasing Plan, April 9, 2016, page 32 and Appendix 26. 31 City of Lincoln, Draft Environmental Impact Report for the Village 1 Specific Plan, May 2012, page 4.12-19. 32 CAL FIRE, City of Lincoln-Placer County, Local Responsibility Area Fire Hazard Severity Zones, January 22, 2025.

EXHIBIT A
Attachment 1
199
The Parkwood Project Addendum
September 2025
13 CONCLUSION
As indicated in the above analysis, the proposed Parkwood project would not result in a new significant impact or an impact that is substantially more severe than what was identified in the Village 1 Specific Plan EIR, and no revisions to the EIR, including mitigation measures, are necessary to address the impacts of the project. Therefore, the proposed Parkwood would not result in any conditions identified in CEQA Guidelines Section 15162, and a subsequent or supplemental EIR is not required.

EXHIBIT A
Attachment 1
200
193
FER
DEL
RAN
RD

WEBB BLVD

MCBEAN PARK DRIVE

PROJECT
SITE
RARI
CH
OAK
TREE

LANE STARDUST LANE

LOCATION MAP
nts
Figure 1: Project Location

EXHIBIT A
Attachment 1
201
Figure 2: Surrounding Land Uses

EXHIBIT A
Parkwood
Project
Attachment 1
202
4,946 SF 5,303 SF 7,435 SF 7,352 SF 3,655 SF 3,655 SF 3,655 SF 4,271 SF 3,978 SF 3,400 SF 3,400 SF 3,591 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 119,975 SF 5,268 SF 5,826 SF 4,709 SF 3,645 SF 4,028 SF 3,734 SF 3,485 SF 3,563 SF 4,002 SF 4,211 SF 3,858 SF 4,208 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,403 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 3,400 SF 4,514 SF 3,400 SF 5,447 SF 4,206 SF 4,073 SF 4,687 SF 7,158 SF 4,588 SF 3,665 SF 3,668 SF 2 3
4 5
6 7
8 9 1011121314151617181920 21 22 23 24 25 26 27 28 29 3031 32 33 34 35 36 37 5051525354555657585960 61 64 63 62 44 43 42 41 40 39 38 49 4847 45 46 65 66 67 6869 7071727374757677787980818283848586878889 91 90 929394 95 122 121120119 118 117 116 115 114 113 97 96 112 111 110 109 108107 106 98 99 100 101 102 105 104 103 1 85'
40'
85'
40' 85'
40' 85'
40'
37'
109'
89' 125'
54'
88'
38'
12'
85'
40'
85'
32'
85'
40'
40' 91' 44' 92'
44' 85'
40' 25'
83'
74' 97'
52'
53'
88'
88'
40'
40' 53'
82'
80' 85'
40'
40' 44' 79'
49' 85'
85'
45'
46'
167' 165'
85'
40' 78'
65'
85'
44'
72'
20'36' 40'
87' 46'
86'
81'113' 85'
40'
40'
40' 85'
41' 85' 99'
60'
172'
56' 45'
37'
90'
156' 314'
169'
234'
39'
59'
85'
44'
44' 53' 40' 40'
84' 85'
40'
40' 40'
40' 85'
41' 85'
45' 80'
128'
139'
82' 50'
87'
85'
44'
44'
406'
102'
41'
93'
42' 85'
40'
40' 40'
40' 85' 41' 85' 45' 88'
94'
80'
89'
85'
44'
44' 83'
41'
98'
40'
40'
18' 85'
40'
40'
40' 85' 57'
90'
39'
113'
85'
44'
44'
45'
111' 102' 98'
42' 85'
40'
40' 40'
40' 85' 53'
84'
85'
79'
44'
30'
85'
50'
50'
85'
44'
44'
45'
123' 95'
40'
53'
40' 40'
40' 85'
94'
80' 41'
84'
85'
40'
40'
85'
44'
44'
45'
135'
25' 93'
40'
40'
40' 85'
89' 40'
90' 54'
42'
42'
84'
85'
40'
40'
50' 39' 49' 53'
80' 85'
40' 40'
40' 85'
85'
43'
85'
88' 52'
53'
85'
40'
40'
85'
40'
40' 85'
40'
40' 85'
53'
53'
53' 85'
43'
43'
85' 53' 75'
93'
103'
85'
40'
40' 85'
40'
40' 55' 85'
40' 85'
40'
40'
95'
54'
89'
43'
43'
85'
116' 48'98'
32'
96'
42'
40'
85'
40'
40'
85'
40'
40' 83' 86'
44' 85'
40'
40' 85'
40'
40'
48'
80'
52'
93' 100'
32'
97'
40'
85'
40'
40'
85'
40'
40' 87'
40' 85'
40' 85'
40' 47'
84' 52'
142' 115'
32'
85'
40'
40'
40'
40' 89'
40'
40'
40'
70' 55'
84'
115'
32'
40'
41'
40'
92'
40' 40'
40'
50'
43'
86' 53'
44'
46' 53'
107' 58'
68' 59'
44'
69' 47' 47' 47'
84'53'
53'
85'
53'
85'
195'
97'
414'
25'
25'
25' 90' 3,740 SF 3,740 SF 3,738 SF 3,740 SF 3,740 SF 3,740 SF 3,740 SF 4,216 SF 4,216 SF 4,209 SF 4,630 SF 4,524 SF 4,208 SF 3,713 SF 3,520 SF 42'
43' 3,304 SF 4,403 SF 4,305 SF 3,980 SF 3,516 SF
56' 3,633 SF 4,516 SF 4,394 SF 3,912 SF 5,031 SF 64,855 SF 8,522 SF 6,261 SF 4,524 SF 3,400 SF 3,400 SF 3,400 SF 4,362 SF 4,358 SF 3,400 SF 3,400 SF 3,402 SF 7,139 SF 5,734 SF 3,512 4,167 SF SF 4,671 SF 8,586 SF 3,238 SF 7,220 SF 7,788 SF 4,590 SF 4,383 SF 5,309 SF 3,625 SF 4,182 SF 4,194 SF 3,526 SF3,734 SF 3,400 SF 85' 41'
27'
31' 24' 17'
41' 40' 40' 40' 53'
40' 6' 85' 85'
53'
45'
53'
41' 61' 54' 51' 40' 68' 135' 51'
42'
30'
57' 29'
29'
31' 93' 3,842 SF 3,439 SF
34' 4,514 SF 4,690 SF 3,654 SF 3,660 SF
30' 31'
74'
10'
85'
38'
40'
40' DETAIL A
N18°03'09"E 575.42' N06°22'28"E 60.34'
N18°01'46"W 1062.29'
N72°01'45"W 350.06' N87°03'38"E 179.66'
N81°22'36"E 127.74' N73°52'26"E 134.09' N00°14'11"W 66.92' N89°54'41"E 583.30' N00°32'17"W 59.95' N89°33'44"E 550.52' N00°17'47"W 1660.66' ROCK CANYON HOLDINGS LLC 021-274-035-000 ROCK CANYON HOLDINGS LLC 021-274-034-000 COUNTY OF PLACER 021-274-061-000 CENTURY COMMUNITIES OF CALIFORNIA 021-274-068-000 LEAVELL 021-274-066-000 LEAVELL 021-274-065-000 LEAVELL 021-274-036-000 OAK TREE LANE CENTURY COMMUNITIES OF CALIFORNIA 021-274-069-000

STREET B

STREET B

STREET C COURT C

COURT B

STREET D
STREET BST. D
ST. C
STREET
44'
44'
44' 44' 44' 50'
44'
44'
44' 44'
44'
44'
44' 44' 44' 44'
44'
R=250'
R=250'
R=840'
R=250'
56'
56'
A
R=300'
56' TEMPORARY CONSTRUCTION EASEMENT 2018-0000479 (TO BE QUITCLAIMED) I.O.D. EASEMENT P.U.E./M.U.E. 2017- 0090348 & 349 (TO BE ABANDONED) IOD EASEMENT PUE 2022-0036585 RIGHT-OF-WAY EASEMENT 2022-0036586 RIGHT-OF-WAY EASEMENT 4 PM 56 (TO BE QUITCLAIMED PRIOR TO FINAL MAP ACCEPTANCE) WLE EASEMENT 93-029292 (TO BE ABANDONED) RIGHT-OF-WAY EASEMENT 1364.419 & 431 (TO BE QUITCLAIMED) RIGHT-OF-WAY EASEMENT 2017-0090347 (TO BE ABANDONED) 66'
55'
R=1,000'
55'
55'
R=500' 1.5 ± AC. LOT A PARK 2.7 ± AC. LOT B PARK LOT D LANDSCAPE 0.1 ± AC. LOT F LANDSCAPE 0.1 ± AC. 0.2 ± AC.

D
D
C
D
D
B
A
SILVERADO TRAIL (122) 40'x80' (TYP.) 15.8 ± AC. UNIT 1 PUBLIC UTILITY EASEMENT OVER LOT C R=50'
R=50'
R=25' R=25'
R=25'
R=50' R=50'
R=50'
R=22'
R=22'
R=22'
R=22'
R=22' R=22' R=22' R=22'
R=22' R=22'
R=22'
R=50'
R=50'
R=30'
R=30' R=30'
R=30' R=30'
R=30'
R=22'
R=26'
R=26' LOT E LANDSCAPE
R=26' R=26'
R=50'
R=50' LOT C LANDSCAPE 0.0 ± AC.

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.)
R= 500'
R=500'
E AREA "K" 4 PM 56 PARCEL "C" 4 PM 56 16
7 14 13
8 12.5' P.U.E. (TYP.) 193
FER
DEL
RAN
RD

WEBB BLVD MCBEAN PARK DRIVE PROJECT SITE
RARI
CH

OAK TREE LANE
STARDUST LANE 55' RIGHT OF WAY OAK TREE LANE SCALE: NTS A LANDSCAPE CORRIDOR/L.S.E. LANDSCAPE MEDIAN 25' MASONRY WALL (TYP.) 13' 11' 7' 8'3' TRAVEL LANE WALK 27.5' CL R/W 55' 6' LANDSCAPE CORRIDOR/L.S.E. 25' 8' 3' 7' 11' WALK TRAVEL LANE 27.5' R/W 6' BIKE/ NEV LANE BIKE/ NEV LANE STREET TREES (TYP.) PLANTER C/G MEDIAN C/G PLANTER MASONRY WALL (TYP.) PARKWOOD SUBDIVISION 105' (FRONTAGE IMPROVEMENTS BY OTHERS)12.5' P.U.E. 12.5' P.U.E. SCALE: NTS PRIMARY RESIDENTIAL (WITH ON-STREET PARKING) C 56' RIGHT OF WAY 15' 6'3' 4' TRAVEL LANE PLANTER WALK 28' 4' 6' 3' 15' WALK PLANTER TRAVEL LANE 28' CL R/W R/W 56' STREET TREES (TYP.) MINOR RESIDENTIAL (WITH ON-STREET PARKING) SCALE: NTS D 44' RIGHT OF WAY STREET TREES (TYP.) 15' 3' 22' 12.5' P.U.E. 4' TRAVEL LANE WALK 3' 15' 22' 12.5' P.U.E. 4' WALK TRAVEL LANE CL R/W R/W 44' PARKING (TYP.) 12.5' P.U.E. 12.5' P.U.E. C/G C/G C/G C/G PARKING (TYP.) PRIMARY RESIDENTIAL AT ENTRY SCALE: NTS E 50' RIGHT OF WAYSTREET TREES (TYP.) 18' 3' 25' 12.5' P.U.E. 4' TRAVEL LANE WALK 3' 18' 25' 12.5' P.U.E. 4' WALK TRAVEL LANE CL R/W R/W 50' C/G C/G PARKING (TYP.) ROLLED CURB (TYP.) ROLLED CURB (TYP.) ROLLED CURB (TYP.) 16'
5'
5' 4'
4'
4'
4'
16' 5' 5'
4'
4'
16' 59'
32'
59'
32'
59' 32' 32'
59'
59'
32'
32'
59' 7,435 SF 7,352 SF 3,655 SF 3,655 SF 3,655 SF 119,975 SF 5,061 SF 8 9 78 7980818283848586878889 91 90 929394 95 122 121120119 118 117 116 115 114 113 125' 54'
88'
38' 97'
52'
53'
88'
88' 40'
87' 46'
86' 99'
60'
172'
56' 45' 314'
169'
234' 53' 85'
40' 85'
40' 85'
40'
44' 85'
40'
40'
44'
60'
40'
85' 44'
90' 54' 49' 85'
40'
85'
43'
85'
88' 52' 85'
60'
43'
43'
85' 53' 85'
40'
40'
43'
43'
85'
116' 48'98'
32'
96'
42'
40' 85'
40'
60'
93' 100'
32'
97'
40' 85'
40'
142' 115'
32'
70'
115'
32'
50'
43'
86' 53'
53'
85'
195'
97' 3,740 SF 3,740 SF4,216 SF 4,209 SF 4,630 SF 4,524 SF 4,208 SF 3,713 SF 3,520 SF 42'
43'
56' 3,633 SF 4,516 SF 4,394 SF 3,912 SF 5,031 SF 64,855 SF 8,522 SF 6,261 SF 4,524 SF 3,400 SF 3,400 SF 3,400 SF 85' 41'
27'
31' 24' 17'
41' 40' 40' 40' 60'
40' 6' 85' 85' 93' 3,439 SF
34' 5,057 SF 3,400 SF 3,400 SF 3,403 SF 3,400 SF
30'
30' N89°54'41"E 583.30' N00°32'17"W 59.95' LEAVELL 021-274-065-000

COURT C

COURT B
STREET
44' 44'
56'
A
R=300'
56' EASEMENT 4 PM 56 1.5 ± AC. LOT A PARK 2.7 ± AC. LOT B VPR D
R=50'
R=22'
R=22'
R=22'
R=22'
R=50'
R=50'

12.5' P.U.E. (TYP.)

12.5' P.U.E. (TYP.) 0.1 ± AC. LOT G LANDSCAPE SILVERADO TRAIL (FUTURE OFFSITE ROAD) SCALE: NTS B 42' PUBLIC STREET EASEMENTSTREET TREES (TYP.) PSE 11' 7' 3' 21' 6' 5' TRAVEL LANE BIKE LANE PSE3' 7' 11' 21' 5' 6' BIKE TRAVEL LANE LANE 20' LANDSCAPE CORRIDOR/ L.S.E. 20' LANDSCAPE CORRIDOR/ L.S.E. CL42' C/G C/G PARKWOOD SUBDIVISION WALK PLANTER PLANTER WALK 82' MASONRY WALL (TYP.) (FRONTAGE IMPROVEMENTS BY OTHERS) 12.5' P.U.E. 12.5' P.U.E. TENTATIVE SUBDIVISION MAP PARKWOOD CITY OF LINCOLN, CALIFORNIA SEPTEMBER 5, 2025 TENTATIVE SUBDIVISION MAP - PARKWOOD 100 0 200 NORTH 400 PROJECT NOTES LOCATION MAP LOT SUMMARY nts NOTE: 1) SUBDIVIDER(S) RESERVES THE RIGHT TO FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION 66456.1 OF THE SUBDIVISION MAP ACT. 2) EXISTING TOPOGRAPHY PROVIDED BY WOOD RODGERS AND WAS FLOWN IN 2024. CITY OF LINCOLN BENCHMARK "LIN-8A." 3) UNLESS OTHERWISE SHOWN ON MAP, ALL UTILITIES WILL BE INSTALLED WITHIN THE PUBLIC ROAD RIGHT-OF-WAY OR WITHIN A PUBLIC UTILITY EASEMENT. 4) ALL EXISTING RECORDED EASEMENTS ON THE PROPERTY HAVE BEEN VERIFIED AND ARE SHOWN HEREON. 5) OWNER WILL DEDICATE ALL EASEMENTS AND RIGHTS-OF-WAY NECESSARY TO PROVIDE ALL ONSITE UTILITIES AND ROADWAYS. 6) A 12.5' P.U.E. SHALL BE LOCATED ADJACENT TO ALL PUBLIC STREETS UNLESS OTHERWISE SHOWN ON THIS TENTATIVE SUBDIVISION MAP. 7) THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT. 8) ALL EXISTING STRUCTURES AND SEPTIC SYSTEMS TO BE REMOVED. EXISTING WELLS TO BE REMOVED OR TO REMAIN AS NOTED. 9) THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY. ALL SITE CHARACTERISTICS ARE TO BE VERIFIED PRIOR TO FINAL MAP. 10) MASTER UTILITY STUDIES WILL BE PROVIDED AT THE TIME OF VILLAGE IMPROVEMENT PLAN SUBMITTAL. 11) LOT LINES MAY BE ADJUSTED AT THE TIME OF FINAL MAP PROVIDED THAT NO ADDITIONAL LOTS ARE CREATED AND RESULTING DESIGN IS IN SUBSTANTIAL CONFORMANCE WITH THIS TENTATIVE SUBDIVISION MAP. 12) FINAL SUBDIVISION MAPPING SHALL BE PREPARED TO IDENTIFY ALL R/W, IOD, AND/OR PUBLIC/ PRIVATE STREETS, IF ANY, NEEDED TO ACCOMMODATE THE CONSTRUCTION PHASING OF THE VILLAGES SHOWN ON THIS TENTATIVE MAP. 13) ALL PUBLIC STREETS, LIGHTS, AND DRAINAGE FACILITIES TO BE DESIGNED AND CONSTRUCTED PER CITY STANDARDS, EXCEPT AS SHOWN OTHERWISE HEREON. 14) PURSUANT TO SECTION 66499.20.2 OF THE SUBDIVISION MAP ACT, THE PROPERTY WILL BE MERGED AND RESUBDIVIDED AND THE FOLLOWING PUBLIC EASEMENTS ARE TO BE ABANDONED: · IRREVOCABLE OFFER OF DEDICATION - PUBLIC STREET AND HIGHWAY AND UTILITY PURPOSES - DOC #2017-0090374, O.R.P.C. · IRREVOCABLE OFFER OF DEDICATION - PUBLIC UTILITY EASEMENT - DOC #2017-0090348, O.R.P.C.· IRREVOCABLE OFFER OF DEDICATION - MUNICIPAL USE EASEMENT - DOC #2017-0090349, O.R.P.C.· WATERLINE EASEMENT - 69 DEEDS 151, O.R.P.C.· WATERLINE EASEMENT - 139 DEEDS 175, O.R.P.C. 15) THE FOLLOWING PRIVATE EASEMENTS TO BE QUITCLAIMED: · ROAD AND UTILITY EASEMENT - 1364 O.R. 419, O.R.P.C.· ROAD AND UTILITY EASEMENT - 1364 O.R. 431, O.R.P.C.· ROAD AND UTILITY EASEMENT - 1506 O.R. 619, O.R.P.C.· TEMPORARY ACCESS EASEMENT - DOC #2018-0000479, O.R.P.C.· TEMPORARY ACCESS EASEMENT - DOC #2018-0084570, O.R.P.C.· TEMPORARY CONSTRUCTION EASEMENT - DOC #2022-0014992, O.R.P.C. RECORD OWNER 8861 PARKWOOD HOLDINGS, LLC 3824 SKYLINE ROAD CARLSBAD, CA 92008 CONTACT: PAUL SEARS PHONE: (818) 974-7126 APPLICANT/DEVELOPER JEN CALIFORNIA 28, LLC 1478 STONE POINT DRIVE, SUITE 100 ROSEVILLE, CA 95661 CONTACT: JOHN JEWETT PHONE: (530) 550-5525 PLANNER/ENGINEER WOOD RODGERS INC. 3741 DOUGLAS BLVD, SUITE 150 ROSEVILLE, CA 95661 CONTACT: PLANNER: VANCE JONES ENGINEER: JASON REED, PE C66631 PHONE: (916) 341-7760 ASSESSOR'S PARCEL NUMBERS 021-274-071 AREA 20.9± ACRES GROSS RESIDENTIAL LOT SIZES AVERAGE: 4,174 SQ. FT. MAXIMUM: 8,586 SQ. FT. MINIMUM: 3,238 SQ. FT. NUMBER OF LOTS 122 SINGLE FAMILY RESIDENTIAL LOTS 2 PARK LOTS 4 LANDSCAPE LOTS 128 LOTS TOTAL EXISTING GENERAL PLAN LAND USE MEDIUM DENSITY RESIDENTIAL (MDR) PARKS & RECREATION (PR) PROPOSED GENERAL PLAN LAND USE MEDIUM DENSITY RESIDENTIAL (MDR) PARKS & RECREATION (PR) EXISTING ZONING VILLAGE MEDIUM DENSITY RESIDENTIAL (VMDR) VILLAGE PARKS & RECREATION (VPR) PROPOSED ZONING VILLAGE MEDIUM DENSITY RESIDENTIAL (VMDR) VILLAGE PARKS & RECREATION (VPR) PARKS & RECREATION CITY OF LINCOLN POLICE & FIRE PROTECTION CITY OF LINCOLN SCHOOL DISTRICT WESTERN PLACER UNIFIED SCHOOL DISTRICT SEWER CITY OF LINCOLN STORM DRAIN CITY OF LINCOLN WATER CITY OF LINCOLN ELECTRICITY PG&E GAS PG&E SHEET 1 OF 3 BUILDING RELATIONSHIPS ONE PROJECT AT A TIME 3741 Douglas Blvd, Suite 150 Tel 916.341.7760 Roseville, CA 95661 Fax 916.341.7767 1" = 40' DETAIL A: FIT TEMPLATE AT SETBACKS STREET D 61 62 64 63 60 45 46 65 66 67 5968 1" = 100' ALTERNATIVE WITH NO ACCESS ROAD TO EAST THE BOUNDARY SHOWN HEREON IS BASED ON THE LEGAL DESCRIPTION AS DESCRIBED IN THE PRELIMINARY TITLE REPORT ISSUED BY PLACER TITLE COMPANY, REPORT NUMBER P-611272, DATED DECEMBER 3, 2024. ALL EASEMENTS SHOWN IN THE REPORT ARE SHOWN HEREON OR IF AN EASEMENT IS NOT PLOTTABLE OR BLANKET, A NOTE TO THAT EFFECT IS SHOWN HEREON. ANY PUBLIC EASEMENTS TO BE ABANDONED ARE SHOWN AS "TO BE ABANDONED WITH THE FINAL MAP" (IF APPLICABLE). SURVEYOR'S STATEMENT NORTH NORTH INDICATES REPORT ITEM NUMBER XX 13 14 15 18 1716 10 7 6
5 4 12/31/2025 09/05/2025 NOTE: REFER TO SHEET 3 FOR ALTERNATE PROVIDING DRAIN CONNECTION AND OVERLAND RELEASE TO SERVE RUNOFF FORM HTE LEAVELL PROPERTY. FROM THE Figure 3: Project Layout
Attachment 1

EXHIBIT A
203

LAND USE ADJUSTMENTS

PARKWOOD TENTATIVE SUBDIVISION MAP
A PORTION OF PARCEL PA 27 IN THE VILLAGE 1 SPECIFIC PLAN

CITY OF LINCOLN, CALIFORNIA
APRIL 25, 2025

LAND USE ADJUSTMENTS - PARKWOOD
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME 3741 Douglas Blvd., Suite 150 Tel 916.341.7760 Roseville, CA 95661 Fax 916.341.7767
0 NORTH 150
300
600

EXISTING PROPOSED
VMDR

17.2 ± AC.

VMDR

15.8 ± AC.

VPR

1.0 ± AC.

VPR

1.8 ± AC.

VPR

1.5 ± AC.

VPR

2.7 ± AC.

VOS

0.3 ± AC.

VOS

0.3 ± AC.

VOS

0.1 ± AC.

VPR
VLDR
VLDR
VMDR
VMDR

VPR VHDR VHDR
VPR
VLDR
VLDR
VMDR
VMDR

VPR VHDR VHDR
VLDR

OAK TREE LANE OAK TREE LANE

SILVERADO TRAIL

LAND USE SUMMARY

VLDR VOS

0.1 ± AC.

ROW

0.5 ± AC.

ROW

0.5 ± AC.

Figure 4: Land
Use Comparison
Attachment 1

EXHIBIT A
204
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 1

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.1 Aesthetics and Visual Quality

4.1-3 The
proposed project
would introduce
light and glare
into the project
area.

4.1-3(a) All light standards shall be shielded and directed downward so that no light falls onto adjacent properties.

4.1-3(b) Surfaces of multi-story buildings facing streets, open space, parks or residential neighborhoods shall not have reflective surfaces large enough to generate glare that creates a nuisance or safety hazard.

4.1-3I i. If future uses within any park include nighttime activities requiring overhead lights, the project applicant shall use site design and orientation in combination with a configuration of exterior light fixtures that emphasize close spacing and lower intensity light that is directed downward in order to minimize exposure of adjacent uses to lighting and to minimize the amount of light that is visible above the horizontal plane of the light fixture.
ii.a. Activity-related lights (as opposed to security lighting) shall be turned off no later than 10:00 p.m. to reduce the amount of disruption to adjacent receptors; and/or ii.b. The City shall place a nuisance easement over parcels that will have direct views of such lights.

Applicant O DSD

4.3 Air Quality

4.3-1
Construction of
the proposed
project would
generate
emissions of
PM10 and PM2.5,
ROG, NOx, and
CO.

4.3-1 The following mitigation measures shall be implemented by the applicant(s) during all grading activities:

4.3-1(a) Prior to issuance of a grading permit, the applicant(s) shall submit to the City of Lincoln, as the lead agency, and receive approval of a Construction Emission/Dust Control Plan. The plan shall be submitted to the PCAPCD for review and comment prior to approval by the City. This plan must address the minimum Administrative Requirements found in section 300 and 400 of PCAPCD Rule 228, Fugitive Dust.

Applicant G/C PSD
PCAPCD
Attachment 1
205
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 2

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.3 Air Quality

4.3-1 (continued) 4.3-1(b) The prime contractor shall submit to the District a comprehensive inventory (i.e. make, model, year, emission rating) of all the heavy-duty off-road equipment (50 horsepower of greater) that will be used an aggregate of 40 or more hours for the construction project. The project representative shall provide the District with the anticipated construction timeline including start date, and name and phone number of the project manager and on-site foreperson. The project shall provide a plan for approval by the District demonstrating that the heavy-duty (> 50 horsepower) offroad vehicles to be used in the construction project, including owned, leased and subcontractor vehicles, will achieve a project wide fleet-average up to 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent CARB fleet average. The District should be contacted for average fleet emission data. Acceptable options for reducing emissions may include use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, and/or other options as they become available.

Applicant P, C PSD
PCAPCD

4.3-1(c) In order to control dust, an operational watering truck shall be on site during construction hours. In addition, dry chemical sweeping is prohibited. Watering at the construction site shall be carried out in the compliance with operating APCD rules and City of Lincoln requirements.

Applicant C PSD

4.3-1(d) The contractor shall suspend all grading operations when fugitive dusts exceed District Rule 228 Fugitive Dust limitations. The prime contractor shall be responsible for having an individual, certified by CARB to perform Visible Emissions Evaluations (VEE), who shall routinely evaluate compliance to Rule 228, Fugitive Dust, on a weekly basis. Fugitive dust is not to exceed 40% opacity and not go beyond property boundary at any time. If lime or other drying agents are used to dry out wet grading areas they shall be controlled as to not exceed District Rule 228 Fugitive Dust limitations.

Applicant C PSD

4.3-1(e) The prime contractor shall be responsible for keeping adjacent public thoroughfares clean of silt, dirt, mud, and debris, and shall “wet broom” the streets (or use another method to control dust as approved by the City) if silt, dirt, mud or debris is carried over to adjacent public thoroughfares.

Applicant C PSD

4.3-1(f) The prime contractor shall apply methods such as surface stabilization, establishment of the vegetative cover, paving, or other methods to control dust approved by the City.

Applicant C PSD
Attachment 1
206
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 3

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.3-1 (continued) 4.3-1(g) The prime contractor shall apply water or use other method to control dust impacts offsite. Construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off-site.

Applicant C PSD

4.3-1(h) No open burning of removed vegetation shall be allowed unless permitted by the PCAPCD. All removed vegetation material shall either be chipped on site or taken to an appropriate recycling site, or if a recycling site is not available, a licensed disposal site.

Applicant C PSD

4.3-1(i) Traffic speeds on all unpaved surfaces shall be limited to 15 miles per hour or less. Applicant C PSD

4.3-1(j) The prime contractor shall suspend all grading activities when wind speeds (including instantaneous gusts) are high (typically winds greater than 25 miles per hour), and dust is traveling off-site.

Applicant C PSD

4.3-1(k) If required by the Engineering Division and/or the Department of Public Works, the contractor shall hold a pre-construction meeting prior to any grading activities. The contractor may invite the PCAPCD to the pre-construction meeting in order to discuss the construction emission/dust control plan with employees and/or contractors.

Applicant C PSD
PCAPCD

4.3-1(l) Stockpiles of dirt shall be covered when not being used or otherwise controlled to prevent erosion and/or dust.

Applicant C PSD

4.3-1(m) During construction, the contractor shall use existing power sources (e.g., power poles) or clean fuel (e.g., gasoline, biodiesel, natural gas) generators rather than temporary diesel power generators where feasible.

Applicant C PSD

4.3-(n) A person shall not discharge into the atmosphere volatile organic compounds (VOC’s) caused by the use or manufacture of Cutback or Emulsified asphalts for paving, road construction or road maintenance, unless such manufacture or use complies with the provisions of Rule 217.

Applicant C PSD

4.3-2 Operation of
the proposed
project would
generate criteria
pollutant
emissions (ROG,

4.3-2(a) Wood burning or pellet appliances shall not be allowed in any residential units. Only natural gas or propane fired fireplace appliances shall be installed.

Applicant B DSD

4.3-2(c) For those projects that include stationary sources (e.g., gasoline dispensing facility, dry cleaning, large HVAC units), the applicant shall obtain an Authority to Construct (ATC) permit prior to issuance of a Certificate of Occupancy.

Applicant O DSD
Attachment 1
207
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 4

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
NOx, CO, PM10,
and PM2.5).

4.3-2(d) Prior to approval of Improvement Plans, the applicant shall show that a Class 1, 2, or 3 bicycle lane(s) is provided in areas as approved by the Engineering Division and/or the Department of Public Works (or similar divisions within each jurisdiction), as defined elsewhere in these conditions of approval.

Applicant G PSD

4.3-2(e) Prior to Design Review Approval, the Site Plan shall show that the applicant has provided the appropriate number of preferential parking spaces for employees that carpool/vanpool/rideshare as well as the appropriate preferential parking for NEVs as required by the District and City Policy. Such stalls shall be clearly demarcated with signage as approved by the approving committee.

Applicant G DSD

4.3-2(f) Prior to Design Review approval, the applicant shall show that on-stie bicycle racks are provided.

Applicant B DSD

4.3-5 The
proposed project
would contribute
to cumulative
increases in
criteria air
pollutant
emissions.

4.3-5(a) At the time a final map is submitted, the City, in coordination with PCAPCD, shall calculate the emissions associated with the land uses to be approved under that particular tentative map. Based on that calculation, the applicant shall do one or a combination of the following to ensure NOx emissions do not exceed 10 lbs within the full Plan Area. Once the 10 lbs per day has been reached, subsequent projects must demonstrate no net increase in NOx emissions. The City shall consult with the PCAPCD to determine whether the measures proposed by the applicant would fully offset project emissions.
i) Reduce emissions on-site by incorporating design features that would reduce NOx emissions. These features may include, but would not be limited to, energy conservation or “green” building features such solar panels, energy efficient heating and cooling, energy star appliances, and/or measures that would reduce vehicle use, such as bike lockers and transit services, as provided for in Mitigation Measure 4.6-1.
ii) Reduce emissions off-site within the same region (i.e., City of Lincoln, Placer County) by participating in an offsite mitigation program coordinated by the PCAPCD and/or by funding energy-efficiency measures (e.g., installation of insulation and/or dual pane windows in existing buildings), vehicle emission reduction measures (e.g., replace diesel school buses with natural gas buses), and/or trip-reduction measures (e.g., bike lanes and/or NEV lanes on streets that do not have them).
iii) Participate in the Placer County Air Pollution District Offsite Mitigation Program by paying fees based on the project’s contribution of pollutants (ROG and NOx), adjusted by credit received for any applicable measures implemented by the project on or offsite. The actual amount to be paid shall be determined, and Applicant I DSD
PCAPCD
Attachment 1
208
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 5

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.3-5 (continued) satisfied per current California Air Resources Board guidelines, at the time of recordation of small lot tentative maps.

4.4 Biological Resources

4.4-1 The
proposed project
would result in
the filling or
adverse
modification of
jurisdictional
wetland/ other
“waters of the
U.S.”

4.4-1(a) For projects developed within the programmatic portion, the project applicant shall retain a qualified biologist to conduct a wetland delineation for each project prior to the issuance of a grading permit. This delineation shall be submitted to the US Army Corps of Engineers (Corps) for verification prior to the issuance of any grading permits for the programmatic portion of the project site. If no wetlands are determined to be present, no further mitigation would be required.

Applicant P DSD
Corps

4.4-1(b) The project applicant shall prepare a wetland mitigation plan that ensures no net loss of wetlands, consistent with Lincoln General Plan Policies OSC-5.6, OSC-5.7, OSC5.8, and OSC-5.9. The wetland mitigation plan shall be based on the wetland delineation verified by the Corps. This measure may be implemented through the 404 permit and/or Streambed Alteration Agreement processes. The plan shall include the following or equally effective components.

Applicant G DSD
Corps
CDFG

4.4-1(c) The project proponent shall compensate for the loss of wetland habitat through a combination of preservation of vernal pools and seasonal wetlands in open space preserves, on-site restoration/enhancement, and the purchase of mitigation credits at an approved mitigation bank. The ratio of compensation shall be determined in consultation with the Corps and California Department of Fish and Game (CDFG), as part of the 404-permit process, but shall not be less than 1:1.

Applicant G DSD
Corps
CDFG

4.4-1(d) All preserved wetlands shall be dedicated to the City or a non-profit organization acceptable to the City and preserved through perpetual covenants enforceable by the City or other appropriate agencies, to ensure their maintenance and survival.

Applicant/City O City

4.4-1(e) Prior to any construction activities on the site, a protective fence shall be erected around the boundaries of wetlands to be preserved in proximity to the areas that would be disturbed by construction. This fence shall remain in place until all construction activity in the immediate area is completed. No activity shall be permitted within the protected areas except for those expressly permitted by the Corps and/or CDFG.

Applicant P DSD

4.4-1(f) A buffer shall be provided along all preserved wetlands in accordance with the 404 permit. Only those uses allowed in the 404 Permit and/or the Streambed Alteration Agreements shall be permitted in the wetlands preserve and its buffer.

Applicant I DSD

4.4-1(g) Water quality in the wetlands preserve shall be protected using erosion control techniques including (as appropriate), but not necessarily limited to, preservation of Applicant G,P,C,O DSD
Attachment 1
209
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 6

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-1 (continued) existing vegetation, mulches (e.g., hydraulic, straw, wood, etc.), and geotextiles and mats, during construction in the watershed. Additionally, urban runoff shall be managed to protect water quality in the wetlands preserve using techniques such as velocity dissipation devices, sediment basins and pollution collection devices.

4.4-1(h) Landscape irrigation runoff shall only be permitted to directly enter the wetlands preserve according to the provisions of the 404 Permit and/or the Streambed Alteration Agreement.

Applicant O DSD
PSD

4.4-1(i) Mowing and other maintenance activities shall be limited to those detailed in the 404 Permit and/or the Streambed Alteration Agreement.

Applicant O DSD
PSD

4.4-2 The
proposed project
could result in
the loss of
special-status
vernal pool
crustacean and
amphibian
species and
degradation
and/or loss of
their habitat.

4.4-2(a) The project applicant for projects within the programmatic portion of the project site shall retain a qualified biologist permitted by the US Fish and Wildlife Service (USFWS) to conduct vernal pool crustacean following current USFWS protocol.

Alternatively, the project applicant could forgo the surveys and assume presence of vernal pool crustaceans in all appropriate habitat within the project site. The survey or assumption of presence shall occur prior to the issuance of any grading permits for the programmatic portion of the project site.

Applicant G,P,C DSD

4.4-2(b) The project applicant for projects within the programmatic portion of the project site shall retain a qualified biologist to conduct aquatic surveys for the western spadefoot toad. Because a formal protocol does not exist for western spadefoot toad surveys, the scope of the surveys shall be determined in consultation with CDFG. At a minimum, the aquatic surveys for the western spadefoot toad shall include a search for spadefoot larvae during the appropriate season by a qualified biologist to determine presence or absence and potential project-related impacts to breeding sites.

Attachment 1
210
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 7

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-2 (continued) 4.4-2(c) The following or equally effective measures (as approved by the City and USFWS and/or CDFG shall be required for any vernal pool crustacean and/or western spadefoot habitat identified through protocol surveys or assumed to be present in lieu of surveys. The selected measures may be part of the permitting process. i) The project proponents shall obtain a Biological Opinion from the U.S Fish and Wildlife Service and comply with the conditions and mitigation requirements the Biological Opinion to ensure that no net loss of habitat for vernal pool crustaceans occurs. Mitigation may include, but would not be limited to, both onsite and offsite preservation and creation of vernal pools and other suitable habitat for vernal pool crustaceans, purchase of credits at mitigation banks, payment of in lieu fees approved by the agencies, or other agency approved and required mitigation measures.
ii) Orange exclusionary fencing shall be placed and maintained around any avoided (preserved) vernal pool crustacean or western spadefoot habitat during construction to prevent impacts from construction vehicles and equipment. This fencing shall be inspected by a qualified biologist throughout the construction period to ensure that it is in good functional condition. After construction, fencing around open space areas containing wetlands or other sensitive habitats shall be replaced by permanent fencing that will be maintained by the City, and/or the local home owners association.
iii) Prior to beginning work in the project site, all on-site construction personnel shall receive instruction regarding the presence of listed species and the importance of avoiding impacts to these species and their habitat.
iv) The project proponent shall ensure that activities defined by the USFWS, and Corps, RWQCB, and/or CDFG as inconsistent with the maintenance of the suitability of the remaining vernal pool habitat and associated watershed on-site are prohibited.
v) If western spadefoot is present, the applicant shall implement additional measures as deemed appropriate by the City and CDFG.

4.4-3 The
proposed project
could result in

4.4-3(a) The project applicant shall retain a qualified biologist to conduct focused surveys in seasonal wetlands and non-native annual grassland habitats within the project site for special-status plant species including but not limited to big-scale balsamroot, Applicant P DSD
Attachment 1
211
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 8

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
the loss and/or
degradation of
rare plant
populations.

Boggs Lake hedge-hyssop, dwarf downingia, legenere, and pincushion navarretia during the appropriate time of year (March through June). If no special-status plants are located during the surveys, no further mitigation would be required.

4.4-3(b) If Boggs Lake hedge-hyssop is located during the surveys in areas that would be disturbed by project construction, those populations shall be avoided and preserved in place to the extent feasible.

Applicant P,C DSD

4.4-3(c) If avoidance is not feasible, the project applicant shall consult with CDFG to obtain an incidental take permit, under Section 2081 of the CESA. Mitigation can be accomplished either in the onsite mitigation preserve area, or at an approved offsite mitigation bank. The ratio of mitigation credits shall be determined during this consultation, and may be conducted concurrently with Mitigation Measure 4.4-2.

Applicant P,C DSD
CDFG

4.4-3(d) If any other special-status vernal pool plant species, including, but not limited to dwarf downingia and legenere are located during the surveys in areas that cannot be avoided, the project applicant shall implement Mitigation Measure 4.4-2, with the addition of soil/seed bank salvage, for use in created wetlands in mitigation areas.

Applicant P,C DSD
CDFG

4.4-3(e) If the plants cannot be avoided, the project applicant shall consult with the City and the CDFG regarding steps to take to offset the loss of the plants on the project site, such as transplantation, collecting seed or clippings and replanting species in an onsite location, prior to approval of a discretionary permit. At a minimum, at least ten (10) days prior to mass grading in the area that supports special-status plants, the project applicant shall notify the City and CDFG that grading is to occur and aid the CDFG with collection of the plant seeds, if the CDFG so chooses, pursuant to the California Native Plant Protection Act.

Applicant C DSD
PSD
CDFG

4.4-4 The
proposed project
could result in
the loss of
western pond
turtle and/or
degradation of its
habitat.

4.4-4(a) Prior to project construction that would disturb any drainages or stock ponds, the project applicant shall retain a qualified biologist to conduct preconstruction surveys of suitable habitat within the area of disturbance and immediately adjacent area on the project site within 30 days prior to project construction to ensure no western pond turtles have established territories. If ground-disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site shall be re-surveyed. If this survey does not identify any western pond turtles on the project site, no further mitigation is required.

Applicant P DSD
PSD
CDFG

4.4-4(b) If western pond turtles (WPT) are determined to be present within a drainage or stock pond, and the feature is to be retained, exclusionary fencing shall be used to prevent the turtle(s) from entering construction area. The location of the fence shall be determined by a qualified biologist. Any turtles found in or near the construction Applicant P,C DSD
PSD
CDFG
Attachment 1
212
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 9

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-4 (continued) zone shall be relocated to an appropriate area of suitable habitat a minimum of 100 feet from any active construction zone. Measures shall be implemented to ensure that the drainages and stock ponds will continue to provide adequate habitat for the WPT by protecting water quality and ensuring that the reduction of drainage from the project site does not substantially diminish the water levels in the pond.

4.4-4(c) If the drainage or stock pond cannot be retained, the project applicant shall relocate any WPT found during surveys in a manner developed by a qualified biologist and approved by the CDFG.

Applicant C DSD
PSD
CDFG

4.4-5 The
proposed project
could result in
the direct loss or
disturbance of
nesting birds
protected by the
MBTA, including
raptors (birds-ofprey).

4.4-5(a) If construction is to occur between March 15 and August 30, the project applicant shall conduct a pre-construction breeding-season survey of the project site within 30 days of construction onset. Surveys for nesting raptors shall be conducted within 1/4 mile of proposed ground disturbance. The survey shall be conducted by a qualified biologist to determine if any protected raptors are nesting on or directly adjacent to the project site. A nest survey for migratory birds shall be conducted within 500 feet of construction areas to determine if any migratory birds are nesting on or directly adjacent to the project site. The results of the survey shall be valid only for the season when it is conducted. New surveys shall be conducted if construction of the surveyed area extends into the following season, unless all of the potential nesting trees have been removed.

A report shall be submitted to the City of Lincoln, following the completion of the bird nesting survey that includes, at a minimum, the following information:
i) A description of methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited and persons contacted. ii) A map showing the location(s) of any protected raptor or migratory bird nests observed on the project site.

Applicant P,C DSD
PSD
CDFG

4.4-5(b) If the above survey does not identify any protected raptor or migratory bird nests on the project site, no further mitigation would be required. However, should any active nests be located on the project site, the project applicant, in consultation with the City of Lincoln and CDFG, shall avoid all protected raptor and migratory bird nest sites located in the project site disturbance area(s) during the breeding season (approximately March 15 through August 30) while the nest is occupied with adults and/or young. This avoidance could consist of delaying construction in close proximity to the nest during the nesting season. Any occupied nest shall be monitored by a qualified biologist to determine when the nest is no longer used. If the construction cannot be delayed, avoidance shall include the establishment of a nonApplicant C DSD PSD
CDFG
Attachment 1
213
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 10

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-5 (continued) disturbance buffer zone around the nest site. The size of the buffer zone will be determined in consultation with the City and CDFG. The buffer zone shall be delineated by highly visible temporary construction fencing.

4.4-6 The
proposed project
could result in
the loss of
nesting
Swainson’s
hawk.

4.4-6(a) The project applicant shall retain a qualified biologist to conduct a Swainson’s hawk nesting survey within the area to be disturbed, extending out to ¼ mile. The survey shall be conducted during the nesting season of the same calendar year that construction is expected to begin, and prior to the issuance of any grading permits. If this survey does not identify any nesting Swainson’s hawk in the area within the project site that will be disturbed plus the ¼-mile radius, no further mitigation would be required.

Applicant P DSD
PSD

4.4-6(b) Should any active Swainson’s hawk nests be located within ¼ mile of the disturbance area, no intensive new disturbances (e.g. heavy equipment operation associated with construction, use of cranes or draglines, etc.) or other project-related activities that could cause nest abandonment or forced fledging, shall be initiated within the ¼ mile (buffer zone) of an active nest between March 1 - September 15 (or until August 15 if a Management Authorization or Biological Opinion is obtained for the project). The buffer zone should be increased to 1/2 mile in nesting areas away from urban development (i.e. in areas where disturbance [e.g. heavy equipment operation associated with construction, use of cranes or draglines, new rock crushing activities] is not a normal occurrence during the nesting season).

Applicant C DSD
PSD
CDFG

4.4-6(c) Nest trees should not be removed to the extent feasible. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally from October 1 to February 1. If construction or other project related activities that could cause nest abandonment or forced fledging are necessary within the buffer zone, then the project applicant shall retain a qualified biologist to monitor the nest site (to determine if the nest is abandoned).

Applicant C DSD
PSD
CDFG

4.4-6(d) If an active nest is abandoned and if the nestlings are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within ¼ mile of an active nest shall not be prohibited.

Applicant C DSD
PSD
CDFG
Attachment 1
214
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 11

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-7 The
proposed project
could result in
the loss of
burrowing owl
individuals
(eggs, nestlings
or juveniles).

4.4-7(a) The project applicant shall hire a qualified biologist to conduct both nesting and wintering season surveys for burrowing owl to determine if potential habitat within 500 feet of ground disturbance is used by this species. The timing and methodology for the surveys shall be based on the CDFG/Burrowing Owl Consortium Survey Guidelines and are detailed below. CDFG may require that these surveys be repeated annually if project construction is expected to span over two or more years.

Winter Season (December 1 through January 31)
• Four site visits on separate days, 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise.

Nesting Season (February 1 to August 31)
• Four site visits on separate days, 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise. At least two of the surveys shall be conducted during the peak nesting season between April 15 and July 15.

Applicant P DSD
PSD
CDFG

4.4-7(b) In addition to the wintering and nesting season surveys, pre-construction surveys shall be conducted by an experienced biologist within 30-days prior to the start of work activities where land conversions are planned in known or suitable habitat areas. If construction activities are delayed for more than 30 days after the preconstruction surveys, then a new preconstruction survey will be required. All surveys shall be conducted in accordance with the CDFG/Burrowing Owl Consortium survey protocols (Burrowing Owl Consortium, 1993).

Applicant P DSD
PSD
CDFG

4.4-7(c) If burrowing owls are discovered in the programmatic portions of the project site, the project applicant shall notify the City and CDFG. A qualified biologist shall implement a routine monitoring program and establish a fenced exclusion zone around each occupied burrow. No construction activities shall be allowed within the exclusion zone until such time that the burrows are determined to be unoccupied. The buffer zones shall be a minimum of 150 feet from an occupied burrow during the nonbreeding season (September 1 through January 31), and a minimum of 250 feet from an occupied burrow during the breeding season (February 1 through August 31).

Applicant P,C DSD
PSD
CDFG

4.4-7(d) The project applicant shall provide appropriate mitigation for project related effects on burrowing owl in consultation with CDFG. Mitigation can be conducted either onsite, or at an off-site location that is approved by the CDFG. Preference is for onsite within open space areas, if possible.

Applicant C DSD
PSD
CDFG
Attachment 1
215
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 12

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-7 (continued)

4.4-7(e) The CDFG shall be consulted regarding the implementation of avoidance or passive relocation methods. All activities that will result in a disturbance to burrows shall be approved by CDFG prior to implementation.

Applicant C DSD
PSD
CDFG

4.4-8 The
proposed project
could result in
the loss of
foraging habitat
for Swainson’s
hawk, white
tailed kite,
burrowing owl
and other
raptors.

4.4-8 The project applicant shall preserve annual grasslands or other suitable raptor foraging habitat at a ratio of 0.75 to 1.0 (as approved by the City and CDFG).

Preservation may occur through either:
• Payment of a mitigation fee to the City of Lincoln through a negotiated agreement between the City, the project applicant, and CDFG. The monies would be held in a trust fund, and used to preserve mitigation land through the purchase, monitoring, maintenance, and remediation of lands that supports suitable foraging habitat for Swainson’s hawk. (consistent with CDFG guidelines); or
• Purchase of conservation easements or fee title to suitable Swainson’s hawk foraging habitat to protect the habitat from urban development; or • If adopted prior to issuance of the first grading permit for the proposed project, the project applicant may mitigate this impact through participation in the Placer County Natural Community Conservation Plan/Habitat Conservation Plan. If the plan is adopted prior to construction of a future phase, the project applicant may mitigate this impact through participation in the plan.

Applicant G DSD
PSD
CDFG

4.4-9 The
proposed project
could result in
loss of Valley
elderberry
longhorn beetles
and their habitat.

4.4-9(a) Prior to any ground-disturbing activity, the project proponents shall conduct a survey for potential VELB habitat (elderberry shrubs) within 100 feet) of the area to be disturbed.

Applicant P DSD
Attachment 1
216
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 13

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-9 (continued) 4.4-9(b) Any ground disturbing activities within 100 feet of elderberry plants containing stems measuring 1.0 inch or greater in diameter at ground level shall conform to the following minimum avoidance measures:
i) Applicants shall provide a minimum setback of at least 20 feet from the drip line of each elderberry plant containing stems measuring 1.0 inch or greater in diameter at ground level. The setbacks shall be fenced and flagged to identify equipment and materials encroachment into the setback zone. Fire fuel breaks (disked land) may not be included within the 6 m set back. Where encroachment within the 20 foot setback zone is unavoidable, the applicant shall provide compensatory mitigation at a 50 percent ratio of the standard requirements identified in the table below.

Applicant C PSD

ELDERBERRY MITIGATION RATIOS
Location/Ste
m Size*
Exit
Holes**
Elderberry
Seedling
Ratio
Elderberry
Seedling
Ratio
Elderberry
Seedling
Ratio
Associated
Native Plant
Ratio
Stems ≥1” &
< 3”
No 2:1 4:1 5:1 1:1
Yes 4:1 8:1 10:1 2:1
Stems ≥3”&
<5”
No 3:1 6:1 8:1 1:1
Yes 6:1 12:1 15:1 2:1
Stems ≥ 5”
No 4:1 8:1 10:1 1:1
Yes 8:1 16:1 20:1 2:1
Notes:
* Ratios are shown for elderberry occurring in existing or historic riparian situations. Ratios for elderberry in non-riparian situations are 50 percent of the standard ratio. ** The presence of exit holes in a stem, bush, or contiguous clump applies to the entire site.
ii) Construction contractors shall be briefed on the need to avoid damaging the elderberry plants and the possible penalties for not complying with these requirements.

Attachment 1
217
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 14

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.4-9 (continued) iii) Work crews shall be instructed about the status of the beetle and the need to protect its elderberry host plant.
iv) No insecticides, herbicides, fertilizers, or other chemicals that might harm the beetle or its host plant shall be used in the buffer areas, or within 100 feet of any elderberry plant with one or more stems measuring 1.0 inch or greater in diameter at ground level. v) Mowing of grasses/ground cover shall occur only from July through April to reduce fire hazard. No mowing shall occur closer than 5 feet to elderberry plant stems. Mowing must be done in a manner that avoids damaging plants (e.g., avoid stripping away bark through careless use of mowing/trimming equipment).
vi) Trimming of elderberry stems less than 1 inch in diameter may occur between September 1 and March 14. The recommended period for trimming is between November through the first two weeks in February when the plants are dormant and after they have lost their leaves.

4.4-9(c) In cases where removal of elderberry shrubs or their stems measuring 1-inch or greater (removal or trimming) is unavoidable, these impacts shall be compensated for by salvaging and planting the affected elderberry shrubs and planting additional elderberry shrubs and associated native riparian plants according to the ratios specified in the table, above. Mitigation planting shall occur, to the maximum extent practicable, in areas adjacent to the impact area and/or located to fill in existing gaps in riparian corridors.

Applicant C DSD
PSD

4.4-10 The
proposed project
could result in
loss of nesting
habitat for tricolored blackbird
and black rail.

4.4-10(a) For portions of the project where the onset of construction occurs between April 1 and August 31, the project applicant shall retain a qualified biologist to conduct preconstruction nesting surveys for tri-colored blackbird colonies and black rail within the disturbance areas on the project site. The survey shall be conducted no more than 30 days from the onset of construction. If ground-disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site shall be re-surveyed. If the survey does not identify any colonies of nesting tricolor blackbirds or black rail on the project site, no further mitigation would be required.

Applicant P DSD
PSD

4.4-10(b) Should any active tricolor blackbird colonies or black rail be found nesting on the project site, the project applicant, in consultation with the City of Lincoln and CDFG, shall avoid all active nest sites located in the project site during the breeding season while the nest site is occupied with adults and/or young. This avoidance Applicant C DSD
PSD
Attachment 1
218
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 15

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
could consist of delaying construction to avoid the nesting season or establishing a buffer around the nest site. If the construction cannot be delayed, avoidance shall include the establishment of a non-disturbance buffer zone around the nest site.

The size of the buffer zone will be determined in consultation with the City and CDFG, and will be, at a minimum, 250 feet. The buffer zone shall be delineated by highly visible temporary construction fencing. Any occupied nest shall be monitored by a qualified biologist to determine when the nest is no longer used.

4.4-12 The
proposed project
could result in
substantial
interference with
the movement of
resident and
migratory wildlife
species.

4.4-12(a) To the extent feasible, the bridge crossing of Auburn Ravine and culverts on Ingram Slough shall be designed to minimize the restriction of wildlife movement through the project site. This would include design measures that provide the greatest amount of space feasible underneath bridge or culvert structures such that wildlife species are not forced to cross roadways or move into urban areas to move from one area of natural habitat to another.

Applicant C DSD PSD

4.4-12(b) In addition to pre-construction surveys for special-status species, as described in Mitigation Measures 4.4-3 through 4.4-7 and 4.4-9 through 4.4-11, the project applicant shall obtain all necessary permits to alter project site waterways, including a CDFG Streambed Alteration Agreement, a Corps Section 404 permit, a Regional Water Quality Control Board Section 401 Certification, and a SWPPP and any FESA/CESA take permits, should special-status species be identified.

Applicant C DSD PSD

4.4-12(c) If construction commences after July 2026, a qualified biologist shall conduct a bat habitat assessment as described. If roosting bats are discovered, the measures identified on pages 4 and 5 of the Bat Habitat Assessment (July 2025) prepared by Madrone Ecological Consulting in order to protect roosting bats.

Applicant C DSD PSD

4.4-13
Occupancy of the
proposed project
could result in an
increase in
ambient light in
adjacent
undeveloped
areas, which
could affect
wildlife.

4.4-13 Implement Mitigation Measure 4.1-3(a), which requires that light standards be shielded and directed to ensure that light does not fall on adjacent parcels.

Applicant B DSD
Attachment 1
219
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 16

4.4-14 The
proposed project

4.4-14 Implement the Village 1 Specific Plan Oak Woodland Mitigation and Management Plan.

Applicant I DSD
PSD

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
could result in
loss of protected
oak trees and
oak woodlands.

4.5 Cultural Resources

4.5-1 The
proposed project
could damage or
destroy known
historic-period
resources.

4.5-1 (continued)

4.5-1(a) As part of the subsequent CEQA review for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, within the programmatic portion of the Village 1 Specific Plan, the project applicant shall hire a professional who meets the Secretary of the Interior's Professional Qualifications Standards for Historic Architecture to perform the following:
i) conduct an historical architectural survey for areas that have not been subject to comprehensive investigation meeting professional standards. ii) identify and evaluate the historic-period resources identified in the cultural resource investigation for the property subject to the grading permit and/or improvement plans. Resources that have been identified to date, but not evaluated, include P-31-0965, P-31-1679-H, P-31-1680, P-31-1682, P-31- 1683, P-31-1684, P-31-1686, P-31-1687, P-31-1688, P-31-1689, P-31-1691- H, P-31-1695, P-31-1696, P-31-1698-H, P-31-1708, P-31-1710, P-31-1719, P-31-1721, P-31-1723, P-31-2611-H, and P-31-2612-H.

If none of the identified historic resources within the property subject to the grading permit and/or improvement plans are found to be eligible for listing on the NRHP or CRHR, no further action is required.

Applicant P DSD
Attachment 1
220
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 17

4.5-1(b) A design plan shall be prepared by a professional meeting Secretary of Interior standards for all resources found to be eligible for listing pursuant to Mitigation Measure 4.5-1(a). The design plan shall incorporate methods determined appropriate and feasible by the historic architecture professional in coordination with the City of Lincoln. Methods to reduce impacts on historic-period resources shall include, but not be limited to,
i) If feasible, the resources shall be preserved in place, and, as appropriate, incorporated into parks and open space/corridors; ii) If it is not feasible to preserve the resource in place, it shall be recorded pursuant to Secretary of Interior standards, and architectural features and/or artifacts shall be made available to an appropriate museum and/or historical organization;
Applicant P,G DSD
Attachment 1
221
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 18

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
iii) If the significant historical resource is retained and reused, all rehabilitation, renovation, and additions shall meet Secretary of Interior standards to the extent feasible;
iv) Project development to adjacent to significant historical resources that are to be retained shall be designed to be in character with the historic setting of the resources, consistent with Secretary of Interior standards; v) Commemorative markers and interpretive exhibits shall be used to educate the public about the history of the plan area. The content of the commemorative markers and interpretive exhibits could include subjects such as mining, ranching, and Native American activities in the plan area. Markers and exhibits shall be prepared by a historic architecture professional or equally qualified professional.

4.5-2 The
proposed project
could damage or
destroy identified
archaeological
resources.

4.5-2a) As part of the subsequent CEQA review for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, in the unsurveyed portion of Phase 1 (APN’s 021-272-012 and 021-272-013) and the programmatic portion of the Village 1 Specific Plan that has not been subject to comprehensive investigation for the identification of Tribal Cultural Resources (TCRs), the project applicant shall submit to the City a draft cultural resources report that meets the Secretary of the Interior's Standards for all previously unsurveyed portions of the project site. The City shall consult with the California Native American tribes traditionally and culturally affiliated with the geographic area prior to completion of the draft report.

Upon receipt of a discretionary entitlement application (e.g., small lot tentative map), or grading or improvement plans for projects that do not require a discretionary entitlement, the City shall notify California Native American tribes traditionally and culturally affiliated with the geographic area who have requested notification pursuant to AB 52. The City shall request that the tribe(s) identify portions of the project site that could be sensitive or potentially sensitive for tribal cultural resources (TCRs) and evaluate any TCRs that the Tribe determines to be present. If requested by the Tribe(s), information regarding known sites and areas within the project boundaries that are potentially sensitive for TCRs shall be provided to the Tribe(s), and, if requested, a site visit will be conducted with tribal representatives.

The notification will contain the following:

Applicant A,P,G DSD
Attachment 1
222
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 19

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.5-2 (continued)
• A request to consult, pursuant to AB52.
• A written description of the type of proposed ground disturbance, location and boundaries.
• A description of the activities (e.g., HDD, trenching, etc.). • A map of the project area at a sufficient scale to indicate the spatial extent of activities.
• A detailed description of the depth of excavation.

The draft cultural resources report will be provided to the tribe(s) with the notification. The final cultural resources report will incorporate the findings of the Tribe. If a tribe does not respond to the City’s notice within 30 days, it will be assumed that they are not aware of any TCRs within the project site.

If the Tribe identifies one or more areas within the project site that could be sensitive for TCRs, and the potentially sensitive site is in an area that would be disturbed by project construction, all necessary measures to avoid and protect the site shall be considered, and a Treatment Plan shall be prepared in consultation with the Tribe prior to any disturbance of the potential TCR site. The Treatment Plan shall include identification methods, including but not limited to, where appropriate, canine forensic surveys, ground penetrating radar, or vegetation clearing for better visibility.

If the identified site is a tribal cultural resource, the project shall be designed to avoid the resource, if feasible. If there are resources that cannot be avoided, the City, shall consult with the geographically and culturally affiliated tribe(s) regarding the protection measures that are proposed to be implemented. These protection measures will be written in clear, enforceable language. The City shall provide the tribe(s) the opportunity to submit comments and participate in consultation to resolve issues of concern. The project proponent shall not implement the treatment until the tribe approves protection measures, or if agreement cannot be reached after a good-faith effort, the City determines that any or all feasible measures have been implemented, where feasible, and the resource is either avoided or protected.

4.5-2(b) As part of the subsequent CEQA review, including AB 52 consultation where applicable, for any small lot tentative map, or grading or improvement plans for projects that do not require a small lot tentative map, the consulting Tribe(s) shall Applicant,
DSD

A, P,G DSD
Attachment 1
223
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 20

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
evaluate the resources identified as P-31-1678, P-31-1681, P-31-1688, P-31-1690, P-31-1693, P-31-1694, P-31-1696, P-31-1699, P-31-1700, P-31-1718, P-31-1720, P-31-1722, P-31-1724, P-31-1725, P-31-1726, P-31-1729, P-31-1730, P-31-1731, P-31-1732, P-31-1733, P-31-1734, P-31-1735, and P-31-1737, as well as any unrecorded TCRs, sacred lands, Tribal Cultural Landscapes, or areas of tribal cultural or religious significance. For any site that qualifies as a TCR, historical resource or unique archaeological resource, mitigation of impacts on the resource shall follow standard professional procedures, including, but not limited to, avoidance, protection, written and photographic documentation, or other measures identified in California Public Resources Code section 21083.2, or in consultation with Tribes as described in (a), above.

4.5-3 The
proposed project
could cause a
substantial
adverse change
in the
significance of
previously
undiscovered
prehistoric or
historic-period
archaeological
resources.

4.5-3a) Construction personnel shall be informed of the possibility of buried cultural resources anywhere within the project site and the protocol to be followed if a tribal cultural resource is encountered. Prior to the onset of grading, the project applicant shall distribute a cultural resources handbook that explains the procedures to follow if cultural resources and human remains are encountered, provide a list of important contact information and phone numbers, and include written descriptions and photographic examples (where possible) of cultural resources. The project applicant may shall also hire a certified Tribal Monitor to conduct a pre-construction training of all construction personnel involved in grading and excavation activity. If the area has been previously determined to be culturally sensitive, the project proponent shall hire a certified tribal monitor to observe all initial ground disturbing activities (e.g., initial grading and trenching in areas not previously graded) in the area determined to be culturally sensitive. Additional monitoring of ground disturbing activities may be required, based on the sensitivity of the area.

Applicant C DSD

4.5-3(b) In the event that any previously unidentified subsurface archaeological or Tribal Cultural resources are discovered during construction-related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City of Lincoln (the City) shall be notified. The City shall consult with the consulting Tribe(s) to assess the significance of the find. If the find is determined to be significant by the Tribe(s) (i.e., because the find is determined to constitute either an historical resource, unique archaeological resource and/or a tribal cultural resource), then representatives of the City, the geographically and culturally affiliated tribal representative (for prehistoric and tribal cultural resources) and the qualified archaeologist and consulting tribe(s) shall meet to determine the appropriate course of action, with the City making the final decision. All significant cultural materials that cannot avoided in place shall be collected by the Tribal Applicant,
DSD
C DSD
Attachment 1
224
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 21

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.5-3 (continued)
Monitor and stored in a secure location on site, such as a lock box or conex. All materials shall be reburied in an area that is predetermined to not have future ground disturbing activities. This area shall be recorded using GPS by the consulting Tribe and the location kept confidential in the tribal database.

4.5-3(c) If the consulting Tribe(s) determines that some or all of the affected property qualifies as a Tribal Cultural Landscape, including a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (Public Resources Code section 5097.9) or a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historical Resources pursuant to Public Resources Code §5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (Public Resources Code Section 5097.993), the archaeologist, in consultation with the tribe, shall recommend to the City potentially feasible mitigation measures that would preserve the integrity of the site or minimize impacts to it, including any or a combination of the following:
i. Avoidance, preservation, and/or enhancement of all or a portion of the Tribal Cultural Landscape as open space or habitat, with a conservation easement dedicated to the most interested and appropriate tribal organization, if such an organization is willing to accept and maintain such an easement, or alternatively, a cultural resource organization that holds conservation easements;
ii. An agreement with any such tribal or cultural resource organization to maintain the confidentiality of the location of the site so as to minimize the danger of vandalism to the site or other damage to its integrity; or iii. Other measures, short of full or partial avoidance or preservation, intended to minimize impacts to the Native American Cultural Place consistent with land use assumptions and the proposed design and footprint of the development project for which the requested grading permit has been approved.

Applicant C DSD

4.5-3(d) After receiving such recommendations, the City shall assess the feasibility of the recommendations and impose the most protective mitigation feasible. In reaching conclusions with respect to these recommendations, the City shall consult with both the project applicant and the geographically and culturally affiliated Tribe(s) engaged in AB52 consultation with the City.

City C DSD

4.5-3(e) Implement Mitigation Measure 4.5-4, in the event human remains are discovered. See Measure 4.5-4 Attachment 1
225
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 22

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.5-4 The
proposed project
could disturb
human remains.

4.5-4 (continued)

4.5-4 If human remains are discovered at any project construction sites during any phase of construction, all ground-disturbing activity within 50 feet of the remains shall be halted immediately, and the City of Lincoln (the City) and the Placer County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City, before the resumption of ground-disturbing activities within 50 feet of where the remains were discovered.

Applicant/City C DSD

4.5-5 The
proposed project
could directly or
indirectly destroy
unique
paleontological
resources.

4.5-5(a) Construction personnel shall be informed of the possibility of discovering fossils anywhere within the project site, but primarily in the western part of Phase 1, and the protocol to be followed if a fossil is encountered. This information shall be included in the “cultural resources handbook” prepared under Mitigation Measure

4.5-3. It shall describe procedures to follow if fossils are encountered, provide a list of important contact information and phone numbers, and include written descriptions and photographic examples (where possible) of the fossils. The project applicant may also hire a professional who meets the Society of Vertebrate Paleontology standards to conduct a pre-construction training of all construction personnel involved in grading and excavation activity.

Applicant/City C DSD

4.5-5(b) In the event that paleontological resources are discovered during earth-moving activities, ground-disturbing activity within 50 feet of the resources shall be halted until the project applicant hires a qualified paleontologist to examine the resources and assess its significance. If the resource is determined to be significant, representatives of the City of Lincoln (the City) and the qualified paleontologist shall determine the appropriate course of action (i.e., any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to the resources), with the City making the final decision. All significant paleontological resources recovered shall be subject to scientific analysis Applicant/City C DSD
Attachment 1
226
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 23

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
and professional curation; a report of these activities shall be prepared for the City by the paleontologist according to current professional standards.

4.6 Greenhouse Gas Emissions and Climate Change

4.6-1 The
proposed project
would generate
greenhouse gas
emissions, either
directly or
indirectly, that
would contribute
to global climate
change.

4.6-1(a) An Energy Conservation Plan for all commercial and residential development shall be required prior to recordation of the first small lot Final Map. The plan shall describe the techniques and programs to be employed in the development of the project to achieve a minimum 15 percent energy efficiency above that required by the 2008 Title 24 energy efficiency regulations, or compliance with the then-current Title 24 energy efficiency regulations. These programs shall include one or more of the following, or equally effective measures:

Participation in the PG&E Energy Star Performance Method. This method is available to builders of single-family and multi-family homes that are at least 15 percent more energy efficient than required by the 2008 Title 24 energy efficiency regulations and meet all US EPA specifications. Participating builders become part of the California Energy Star New Homes Program, and their homes earn the Energy Star label. Incremental incentives can also be earned by adding energy efficient appliances and/or lighting to homes. Plans submitted for Design Review shall include all energy efficiency features to be incorporated into the project.

OR
Participation in the New Solar Homes Partnership (NSHP) Performance Method.

This method is available to builders of single-family homes that are at least 15 percent more efficient than required by the 2008 Title 24 energy efficiency regulations and meet all US EPA specifications. Prior to the issuance of a Building Permit, the floor plans and exterior elevations submitted in conjunction with the Building Permit application, shall show that the applicant has installed the appropriate number of solar panels or Photovoltaic roofing tiles throughout the project (described as lot numbers, locations, and/or building numbers and locations) to offset that development’s share of the 7,599,510 kwh/year total Plan’s onsite renewable energy offsets.

OR
Participation in the Build It Green Program, which was created by Build It Green, a non-profit organization whose mission is to promote health, durable, energy and resource efficient buildings throughout California. Using the Green Point Checklist, a home can be considered green if it fulfills the prerequisites and earns at least 50 points and meets the minimum points per category: Energy (30 points); Indoor Air Applicant I DSD
Attachment 1
227
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 24

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.6-1 (continued)
Quality (5 points); Resources (6 points); and Water (9 points). Build It Green uses certified Green Point Raters to measure success with the program and verification of the measures employed to meet the requirements of the checklist. Plans submitted for Design Review shall include a completed copy of the Green Point Checklist.

4.6-1(b) The project applicant shall be responsible for having prepared, by an experienced and qualified firm, an Energy Resource Conservation Guide that will provide educational information on how homeowners can increase energy efficiency and conservation in their new homes. The information will be delivered to each original homeowner as part of the move-in package. The information packet shall be reviewed by, and be subject to approval of, City of Lincoln staff. A copy of the Energy Resource Conservation Guide shall be submitted to the City for review prior to the completion of construction activities, and finalized before occupancy.

Applicant O DSD

4.6-1(c) Light Emitting Diode (LED) traffic signals and LED street lights, or more energyefficient signals and streetlights, shall be installed in accordance with City improvement standards or as otherwise approved by the Development Services Director.

Applicant G DSD

4.6-1(d) The project applicant shall prepare a tree planting program to guide the planting of shade trees within residential lots and along streets in a manner that reduces radiant heat. Commercial and retail parking lots shall be planted with shade trees that will produce 50% coverage within 15 years. Landscape Plans submitted for Design Review shall include a copy of the tree planting program.

Applicant G DSD

4.6-1(e) A tree information planting and care guide shall be delivered to each original homeowner as a part of the move in package. If the guide is prepared by someone other than the City, it shall be reviewed by, and be subject to the approval of, City of Lincoln staff. . A copy of the tree information planting and care guide shall be submitted to the City for review prior to the completion of construction activities, and finalized before occupancy.

Applicant O DSD

4.6-1(f) Energy efficient lighting fixtures shall be installed as part of the original construction of residential and commercial structures. Plans submitted for Design Review shall include documentation of the energy efficient lighting fixtures to be used.

Applicant B DSD

4.6-1(g) New commercial buildings shall be 15 percent more energy efficient than the 2008 Title 24 building standards based on annual energy usage requirements, or comply with the then-current Title 24 energy efficiency regulations. Plans submitted for Design Review shall include all energy efficiency features to be incorporated into the project.

Applicant B DSD
Attachment 1
228
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 25

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.6-1 (continued)

4.6-1(h) Prior to approval of Improvement Plans, the applicant shall show that the roadway system shall be designed to accommodate the usage of neighborhood electric vehicles (NEVs).

Applicant G DSD, PSD

4.6-1(i) Prior to approval of a Grading Permit, Improvement Plans, or Design Review approval, the applicant shall show that bus turnouts and transit shelters shall be placed on roadways that are to be served by future bus transit in accordance with City improvement standards and as otherwise directed by City’s Development Services Director.

Applicant G DSD, PSD

4.6-1(j) Implement Mitigation Measure 4.3-2. See MM 4.3-2 Attachment 1
229
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 26

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.7 Hazardous Materials

4.7-2 The
proposed project
could occur in
locations where
historic land
uses are known
to have resulted
in soil or
groundwater
contamination or
may have the
potential to have
caused soil or
groundwater
contamination.

4.7-2(a) Prior to approval of any Tentative Map and/or a specific development permit, the applicant shall submit a Phase I ESA that has been prepared in accordance with the most current ASTM 1527 standard. If the results of the Phase I ESA indicate no recognized environmental conditions, no further action is required. However, the City shall ensure Improvement Plans and/or grading permits include the requirements of Mitigation Measure 4.7-2(b) pertaining to the discovery of previously unidentified conditions or hazards. No Phase I ESA is necessary for the Walkup Ranch property because one has already been prepared.

Applicant I DSD

4.7-2(b) For any specific development location for which the Phase I ESA completed in accordance with Mitigation Measure 4.7-2(a) identifies recommendations for further investigation and/or remediation, prior to issuance of a grading permit for the affected location, the City shall ensure the recommendations are implemented to the satisfaction of PCDEHS. If contaminants are present at levels that could pose a human health or environmental risk that would be immediately dangerous to life and health, no soil disturbance shall be permitted until the location has been remediated to the satisfaction of PCDEHS. If contaminants are present at levels that do not pose an immediate threat, construction activities may proceed provided a Soil Management Plan and Health and Safety Plan prepared by a qualified professional have been submitted to and approved by PCDEHS. The City shall also ensure Improvement Plans and/or grading permits include the requirements of this Mitigation Measure 4.7-2(b) pertaining to the discovery of previously unidentified conditions or hazards. If previously unidentified contamination is discovered in the former Titan missile facility or gun range parcels (PA 15 and PA 66) (parcel numbers are based on the August 2011 Specific Plan), the City shall immediately notify CVRWQCB. Work in those areas shall not resume until approved by CVRWQCB.

Applicant P,G DSD
PCDEHS
CVRWQB
Attachment 1
230
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 27

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.7-3 Demolition
of on-site
structures to
accommodate
development of
the Village 1
Specific Plan
could expose
people to
potential health
hazards by
demolishing
buildings on the
project site that
could contain
asbestos and/or
lead-based paint.

4.7-3 Prior to demolition of any structures located on the project site, the project applicant(s) shall retain a Cal OSHA-certified lead-based paint and ACBM contractor to conduct a risk assessment of all structures on-site constructed prior to 1978 for the presence of ACBMs and/or lead-based paint. If ACBMs and/or leadbased paint are determined to exist on site, the contractor shall prepare a sitespecific ACBM and lead hazard control plan. If the plan calls for the removal of ACBMs and lead-based paints prior to demolition activities, ACBM removal methods may include, but are not limited to: dry stripping, wet controlled stripping, high pressure water jetting, and air management for hot stripping. Paint removal methods may include, but are not limited to: use of a heat gun, tools equipped with HEPA exhaust capability, wet scraping, and chemical removers. If removal is not deemed necessary prior to demolition, the plan shall make other recommendations for the containment of any ACBMs or lead-based paint materials that could be released into the environment during demolition activities, as well as appropriate disposal methods. The plan shall also provide specific instructions for providing protective clothing and gear for abatement personnel.

Wastes from abatement and demolition activities shall be managed and disposed of at a landfill(s) licensed to accept ACBMs and lead-based waste.

Once all abatement measures have been implemented, the project applicant(s) shall provide written documentation to the City that ACBM and lead-based paint testing and abatement, if necessary, has been completed in accordance with all federal, state, and local laws and regulations, including: lead-based paint exposure guidelines provided in “Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing” by the U.S. Department of Housing and Urban Development (HUD), Construction Safety Order 1532.1 from Title 8 of the California Code of Regulations (CCR), and the California Department of Health Services.

Applicant P DSD

4.8 Hydrology and Water Quality

4.8-1 The
proposed project
would increase
the amount of
impervious
surfaces and
alter drainage
patterns, which
could increase
the potential for

4.8-1(a) i) Project applicant(s) shall ensure that planned improvements to the SR 193 bridge are operational prior to receiving a grading permit for development in the programmatic portion (beginning with Phase 2).

OR
ii) If SR 193 bridge improvements are not completed prior to receiving a grading permit for areas within the Auburn Ravine watershed, beginning with Phase 2, the applicant(s) shall provide on-site detention and/or retention to mitigate increases in water surface elevation (WSE) if the results of modeling show a 0.05-foot increase Applicant G PSD
DSD
Attachment 1
231
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 28

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
localized and
downstream
flooding.
or greater in WSE, or if peak flow rates increase by 1 percent or more within project boundary or downstream of the SR 193 bridge.

AND
iii) Project applicant(s) shall provide for peak flow mitigation as defined in Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Table II.F.1B for the programmatic portion in order to mitigate potential on-site flooding from increased peak flows associated with development of the projects. Prior to issuance of a grading permit, project applicants shall demonstrate that provisions for peak flow mitigation in the preliminary grading plan, as defined in Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Table II.F.1B and Tables III.A.3A to III.A.3F, as applicable for the project. The City Engineer shall review plans for compliance with the applicable portions of Table II.F.1B and Tables III.A.3A to III.A.3F, as applicable, prior to issuance of a grading permit. Prior to issuing a building permit for any project in the Village 1 Specific Plan, overbank excavation and stabilization of channels that will receive runoff from the area(s) to be developed shall be completed. The City Engineer shall confirm that peak flow mitigation has been constructed in accordance with the approved plans. iv) The project applicant for projects within the programmatic portion of the project site shall prohibit development of structures within the modeled floodplains of North and South Ingram Slough as identified in the Village 1 Specific Plan, City of Lincoln, CA, Drainage Master Plan Post-Project 100-Year Floodplain Alt. 193 Fix figures.

4.8-2 The
proposed project
would increase
stormwater
volumes in
Auburn Ravine,
Ingram Slough,
Orchard Creek,
and ultimately
the Natomas
Cross Canal.

4.8-2(a) Prior to approval of the first final map, the Applicant shall identify 87.1 acre-feet of storage capacity in the watershed to accommodate increased stormwater runoff volumes associated with the programmatic portion of the Village 1 Specific Plan.

Storage capacity may be incorporated into on-site design, obtained at the approved LFVMF, if operational at the time of development, or at a location approved by or acceptable to the City.

The Applicant shall be required to cover its fair share of costs associated with construction, operation, and maintenance of the LFVMF to offset increased stormwater volume generated by the Village 1 Specific Plan. For capital improvements, funding shall be through the City’s existing PFE program. Fees for operation and maintenance shall be through an assessment district established during the Final Map processing. Fees shall be paid in conjunction with issuance of building permits. If, at the time the first final map is submitted for approval, the regional facilities are not available or operational, or if additional capacity is required, the Applicant shall incorporate in to the final design sufficient on-site Applicant I PSD
DSD
Attachment 1
232
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 29

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.8-2 (continued) storage capacity, or a combination of on-site and off-site capacity, to fully mitigate the 87.1 acre-feet.

If off-site facilities are used, the Applicant shall be required to cover its fair share of costs associated with construction, operation, maintenance, and management of the regional retention facilities to offset increased stormwater volume generated by the Village1 Specific Plan. Assuming the regional facility has been constructed, Applicant shall pay the appropriate fees.

4.8-4 The
proposed project
would increase
the types and
amounts of
pollutants in
stormwater
runoff that could
be discharged to
Ingram Slough
and its tributaries
and Auburn
Ravine, which
could degrade
water quality.

4.8-4 Low Impact Development BMPs. Project Conditions of Approval shall specify that appropriate Best Management Practices (BMPs) be incorporated into project design prior to approval of final grading/improvement plan(s) to reduce urban pollutants in runoff, consistent with goals and standards established under federal and State non-point source discharge NPDES regulations and Basin Plan water quality objectives, the City’s Post-Construction Stormwater Runoff Control Ordinance No. 826B, and Low-Impact Development (LID) alternatives for stormwater quality control per Public Facilities and Services Implementation Measure 3.0 of the adopted 2050 General Plan.

The proposed water quality facilities shall be identified and designed in a Water Quality Management Plan prepared in accordance with Section 8.60.40 of the City’s Municipal Code for City review and approval. All water quality facilities identified in the Water Quality Management Plan shall be constructed with the installation of the infrastructure.

Applicant G PSD
DSD
Attachment 1
233
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 30

4.8-4 (continued) The Water Quality Management Plan shall include a description of all non-structural BMPs and include Covenants, Codes, and Restrictions (CC&Rs), or similar regulatory mechanism, to enforce implementation of non-structural BMPs. Nonstructural BMPs shall include, but not be limited to, “good housekeeping” practices for materials storage and waste management, storm drain system stenciling, landscape chemical use guidelines, and street sweeping.

The Water Quality Management Plan shall also include the method or methods for funding the long-term maintenance of the proposed water quality facilities. The City shall formally adopt and implement a funding mechanism specifically to fund the long-term maintenance of the proposed water quality facilities as proposed by the Stormwater Management Plan.

The project Applicant shall submit a site-specific BMP plan showing the on-site locations and effectiveness of the BMP facilities proposed for long-term water quality impact reduction prior to project approval. The plan shall include a method or methods for financing the long-term maintenance of the proposed site-specific facilities.

All BMPs for water quality protection, source control, and treatment control shall be developed in accordance with the Stormwater Quality Design Manual for the Sacramento and South Placer Regions (or other similar source approved by the City) for the project. The BMPs shall be designed to mitigate (minimize, infiltrate, filter, or treat) stormwater runoff. Flow or volume based post-construction BMPs shall be designed at a minimum in accordance with the PCFCWCD and City standards and shall be included for long-term maintenance of BMPs. All BMPs shall reflect the Best Available Technologies (BAT) available at the time of implementation and shall reflect site-specific limitations. The City shall make the final determinations as to the appropriateness of the BMPs proposed for the proposed project and the City shall ensure future implementation, operation, and maintenance of the BMPs.

To comply with the requirements of the Placer County Mosquito and Vector Control District, all BMPs shall be designed to discharge all waters within 96 hours of the completion of runoff from a storm event. All graded areas must drain so that no standing water can accumulate for more than 96 hours within water quality facilities.

Stormwater runoff from the proposed project’s impervious surfaces (including roads) shall be collected and routed through specially designed water quality treatment facilities (BMPs) for removal of pollutants of concern (i.e. sediment, oil/grease, etc.), as approved by the City. The Applicant shall verify that proposed BMPs are appropriate to treat the pollutants of concern from the proposed project and shall provide for the establishment of vegetation, where specified, by means of proper irrigation, for effective performance of BMPs. Maintenance of these facilities shall be provided by the City. Prior to project approval or Final Map approval, easements shall be created and offered for dedication to the City for maintenance and access to these facilities in anticipation of possible City maintenance. No water Attachment 1
234
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 31

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.8-4 (continued) quality facility construction shall be permitted within any identified wetlands area, floodplain, or right-of-way, except as authorized by project approvals.

4.10 Noise

4.10-1 The
proposed
project would
increase traffic
noise levels at
existing noisesensitive land
uses in the
project vicinity.

4.10-1(a) The City shall work with Placer County and the Town of Loomis when Sierra College Boulevard is widened to four lanes from Taylor Road to Twelve Bridges Drive to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.

City When
SCB
planned
for
widening
DSD

4.10-1(b) The City shall coordinate with Caltrans and/or South Placer Regional Transportation Authority (SPRTA) when SR 193 is widened to four lanes from west of Sierra College Boulevard to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.

City When SR
193
planned
for
widening
DSD

4.10-1(c) An acoustical analysis shall be prepared during design of the Oak Tree Lane extension which shall identify mitigation measures to ensure outdoor activity areas of nearby residences do not exceed 60 dB Ldn and indoor areas do not exceed 45 dB Ldn. The construction of Oak Tree Lane shall include one of more of the following measures as necessary to ensure that outdoor activity areas of nearby residents do not exceed 60 dB Ldn and indoor areas do not exceed 45 dB Ldn: increasing the distance of the road from the residences, berms, walls or a combination of such features and/or use of rubberized asphalt or similar materials.

City During
design of
Oak Tree
Lane
extension
DSD

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
Attachment 1
235
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 32

4.10-2 The
proposed project
would expose
noise-sensitive
land uses to
construction
noise.

4.10-2(a) Construction hours shall be limited to 7am to 7pm, Monday through Friday (unless extended by special permit).

4.10-2(b) All internal combustion engines associated with stationary and mobile construction equipment shall have adequate mufflers equal to or better than those supplied with the equipment by the manufacturer.

4.10-2(c) Onsite construction staging areas shall be located as far as practical from existing residential areas.

4.10-2(d) Advance notice shall be provided to all residences located within 300 feet of extensive compaction activities, including the approximate start date and duration of such compaction activities.

Applicant C PSD, DSD

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.10-4 The
proposed
project would
contribute to
cumulative
increases in
traffic noise
levels.

4.10-4 The City shall coordinate with Caltrans and/or South Placer Regional Transportation Authority (SPRTA) when Sierra College Boulevard is widened to four lanes south of SR 193 to encourage the use of rubber asphalt or an equally effective noise-suppressing surface.

City When
SCB
planned
for
widening
DSD

4.10-5 The
proposed project
could expose
future noisesensitive land
uses within the
Village 1 Specific
Plan area to
elevated traffic
noise levels.

4.10-5(a) Any residential development proposed within the 60-65 dB Ldn contour distances of Table 4.10-12, as measured from roadway centerline, shall include one of the following measures to ensure traffic noise does not exceed acceptable limits at the exterior and interior spaces of the residences:
i) The setback from the roadway shall be increased to locate the primary outdoor activity area beyond the 60 dB Ldn contour.

OR
ii) The primary outdoor activity areas shall be located on portions of the property that are shielded from view of the roadway(s).

OR
iii) Noise barriers shall be constructed of sufficient height to intercept line of sight between the primary outdoor activity areas and roadway(s) in question. Such barriers could take the form of earthen berms, solid walls, or a combination of the two.

Applicant G DSD
Attachment 1
236
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 33

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.10-5
(continued)
OR
iv) The residential structures shall be located between the primary outdoor activity area and subject roadway(s).

4.10-5(b) Air conditioning or mechanical ventilation shall be provided to allow occupants to close doors and windows as desired for acoustical isolation from elevated traffic noise levels.

Applicant B DSD

4.10-5(c) Any residential development proposed within the 65-70 dB Ldn contour distances of Table 4.10-12, as measured from roadway centerline, shall include all of the following measures in addition to those specified in MM 4.10-5(b) to ensure traffic noise does not exceed acceptable limits at the exterior and interior spaces of the residences:
i) Noise barriers shall be designed of sufficient height to reduce exterior noise levels to 60 dB Ldn or less in primary outdoor activity areas.

AND
ii) All windows and sliding glass doors from which the subject roadways are visible shall have a minimum Sound Transmission Class (STC) rating of 32.

AND
iii) Exterior wall construction shall be stucco siding, or wood siding with a 3/4 inch shear under-layer, or the acoustic equivalent.

AND
iv) All exterior wall cavities shall be fully insulated.

Applicant G, B DSD

4.12 Public Services

4.12-7 The
proposed project
would generate
demand for park
and recreation
facilities.

4.12-7 The project applicant shall pay all applicable fair-share fees to the City pursuant to the established Park In-Lieu Fee Program and the applicable Public Facilities Element fees program to fund the provision of recreational facilities to meet demands created by Phase 1 development.

Applicant B DSD
Attachment 1
237
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 34

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.13 Public Utilities

4.13-1 The
proposed project
would increase
the demand for
water supplies.

4.13-1(a) Prior to recordation of each Final Map for each subsequent project, the City of Lincoln shall obtain necessary entitlements demonstrating there will be adequate water supply to serve the portion of the proposed project defined on the Final Map, in accordance with Government Code Section 66473.7(a)(1) – SB 221 Written Verification of Water Supply. The commitment for service will require execution of a service order agreement, and the City shall collect necessary fees at the time of building permit issuance.

Applicant I DSD, PSD

4.13-1(b) Prior to the approval of the 1,200th connection to the City’s water system or a demand of 1,500 gpm within Village 1 and/or Village 2, whichever occurs first, the City shall ensure the following four improvements, or equally effective improvements for distribution, have been completed and are operational:
i) new 30-inch pipeline, to be owned by PCWA, connecting the 42-inch pipeline in the Catta Verdera 5 MG storage tank area to the City Pond Area, ii) new PCWA-owned metering station at the City Pond site, similar to the existing PCWA metering station at the Catta Verdera 5 MG tank site, to provide surface water deliveries to the City from the new 30-inch PCWA pipeline, iii) City-owned 16-inch high pressure pipeline to supply portions of the Catta Verdera development by gravity from the new PCWA metering station at the City Pond site so the current City booster pumping station serving the area can be placed on standby,
iv) City-owned 36-inch pipeline that will connect the new PCWA metering station to the existing 24-inch pipeline in Twelve Bridges Drive and the existing 30-inch pipeline to supply the Reservoir 1 tank sites from the new PCWA metering station.

City Prior to
1,200th
connection
DSD

4.13-1(c) Prior to the cessation of the 2004 Temporary Agreement, the City shall provide for its fair share funding of the design and construction of Phase 1 of the NID RWSP 10-mgd treatment facility and associated storage and transmission facilities.

Funding shall be timed to ensure that water from the RWSP will be available at the point at which PCWA no longer treats and conveys NID water under the 2004 Temporary Agreement.

City Prior to
cessation
of
temporary
agreement
Attachment 1
238
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 35

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.13-2 The
proposed project
would contribute
to cumulative
increases in
demand for
treated water
supplies and
distribution.

4.13-2 Implement Mitigation Measure 4.13-1(b) and (c). See MM 4.13-1(b)

4.13-5 The
proposed project
would contribute
to cumulative
increases in
wastewater
generation
requiring
conveyance to
and treatment at
the WWTRF.

4.13-5 Prior to approval of the first Final Small Lot Map for the first planning area developed in the programmatic portion of the Village 1 Specific Plan, the City shall ensure the planned expansion of the WWTRF provides adequate capacity to accommodate flows from the programmatic portion of the project site. The project applicants shall pay fair-share cost of required fees to fund the expansion of the WWTRF.

City I DSD

4.13-8 The
proposed project
would use
energy for
construction and
operation.

4.13-8 Implement Mitigation Measures 4.3-1, 4.3-2, 4.6-1, and 4.13-12. See MMs 4.3-1, 4.3-2, 4.6-1 and 4.13-12

4.13-12
Construc
tion of the
proposed project
would generate
demolition waste
and construction
debris.

4.13-12 Prior to issuance of building permits for each individual project, project applicants shall prepare a waste management plan to divert at least 50 percent of the construction materials generated during construction of the particular project to ensure compliance with CALGreen requirements.

Applicant G DSD

4.14 Transportation and Circulation

4.14-1 The
proposed project

4.14-1 The City shall construct the following improvements prior to the service level degrading to LOS D and/or when signal warrants are met. These improvements City in
accordanc

DSD, PSD
Attachment 1
239
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 36

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility
would increase
traffic at
intersections
within the City of
Lincoln.
shall be incorporated into the City’s PFE fee program or other appropriate fee program. If there are not enough funds to construct the improvements when they are needed, then the applicant shall provide the necessary funding, subject to reimbursement as PFE fees are collected from City development projects. a) Signalize the intersection of Ferrari Ranch Road and Ingram Parkway or widen Ferrari Ranch Road to four through lanes when the LOS approaches D and/or signal warrants are met.
b) Signalize the intersection of Ferrari Ranch Road and Sun City Boulevard or, for Phase 1 only, widen Ferrari Ranch Road to four lanes when the LOS approaches D and/or signal warrants are met.
e with
mitigation

4.14-1(c) Signalize the intersection of Twelve Bridges Drive and Sierra College Boulevard when the LOS approaches D and/or signal warrants are met.

City When
signal
warrants
met
DSD

4.14-3 The
proposed project
would increase
traffic on
roadways
outside the City
of Lincoln.

4.14-3 If and when the Town of Loomis becomes a participant in SPRTA and/or the City and the Town enter into a reciprocal agreement for payment of fees to offset traffic impacts, the proposed project shall contribute its fair share toward the widening of Sierra College Boulevard to four lanes from the Town of Loomis limits to Taylor Road.

City, Loomis If and
when
Loomis
joins
SPARTA
and/or
enters
agreement
with the
City of
Lincoln
DSD

4.14-4 The
proposed project
would increase
traffic on impact
a.m. and p.m.
peak hour level
of service on
freeways under
Existing Plus
Project
conditions.

4.14-4 The City shall work with Caltrans on the timing of an additional mainline lane is constructed on SR 65 northbound between I-80 and Galleria Boulevard.

City, Caltrans O PSD
Attachment 1
240
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 37

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.14-7 The
proposed project
would contribute
to cumulative
increases in
traffic at
intersections
outside the City
of Lincoln.

4.14-7(a) The proposed project shall contribute its fair share toward restriping to create a separate westbound right turn lane and northbound acceleration lane at the intersection of Sierra College Boulevard & English Colony Way (2030 and 2050).

Applicant Payment
of
SPARTA
fees
DSD

4.14-7(b) If and when the Town of Loomis becomes a participant in SPRTA and/or the City and the Town enter into a reciprocal agreement for payment of fees to offset traffic impacts, the proposed project shall contribute its fair share toward restriping to create a second southbound left turn lane at the intersection of Sierra College Boulevard & King Road (2030 and 2050).

Applicant If and
when
Loomis
joins
SPARTA
and/or
enters
agreement
with the
City of
Lincoln

DSD, PSD

4.14-7(c) The proposed project shall contribute its fair share toward eliminating southbound U- turns on Wildcat Boulevard and providing a right turn “overlap” signal phase on westbound West Stanford Ranch Road (2030).

Applicant If and
when the
cities of
Rocklin
and
Lincoln
enter
agreement

DSD, PSD

4.14-7(d) The proposed project shall contribute its fair share toward providing a second eastbound left turn lane on Ranch View Drive at its intersection with Wildcat Boulevard (2030).

Applicant If and
when the
cities of
Rocklin
and
Lincoln
enter
agreement

DSD, PSD
Attachment 1
241
Exhibit B
Mitigation Monitoring Program
Village 1 Specific Plan: Parkwood Project 38

MITIGATION MONITORING PROGRAM
VILLAGE 1 SPECIFIC PLAN – PARKWOOD PROJECT
September 2025
Impact Mitigation Measures – Programmatic Portion Responsible Entity
Timing/
Milestone
Monitoring and
Enforcement
Responsibility

4.14-8 The
proposed project
would contribute
to cumulative
increases in
traffic on local
roadways
outside the City
of Lincoln.

4.14-8 The proposed project shall contribute its fair share toward the widening of Sierra College Boulevard to 6 lanes if and when this improvement is included in the SPRTA fee program. (2030 and 2050).

Applicant If and
when
improveme
nt is
included in
SPARTA
fee

DSD, PSD

4.14-9 The
proposed project
would contribute
to cumulative
increases in
traffic levels on
freeways.

4.14-9 The proposed project shall contribute its fair share toward the construction of an auxiliary lane on SR 65 Bypass Southbound from Ferrari Ranch Road to Lincoln Boulevard if and when the improvement is added to the SPRTA fee program and/or an agreement for collection of such fees is entered into by the City and Caltrans. (2030)
Applicant If and
when
improveme
nt is
included in
SPARTA
fee

DSD, PSD
Abbreviations
Monitoring Responsibility Timing of Action
DSD = City of Lincoln Development Services Department I = Prior to Construction Drawing Approval G = Prior to Improvement Plan/Grading Permit Approval
P = Pre-Construction/Grading
C = During Construction/Grading
O = Prior to Occupancy
B = Prior to Building Permit
PSD = City of Lincoln Public Services Department
PCAPCD = Placer County Air Pollution Control District
CDFG = California Department of Fish and Game
PCDEHS = Placer County Environmental Health Services
Corps = U.S. Army Corps of Engineers
Attachment 1
242
PARKWOOD DEVELOPMENT AGREEMENT PAGE 1

DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF LINCOLN AND JEN CALIFORNIA 28 LLC

RELATED TO THE DEVELOPMENT KNOWN AS PARKWOOD
This DEVELOPMENT AGREEMENT (the “Agreement”) is entered into this _____ day of _____________ 2026, by and between the CITY OF LINCOLN, a municipal corporation (“City”), JEN CALIFORNIA 28 LLC, a California limited liability company (“Developer”), and the landowner identified on the signature page hereof (“Owner”) based on the foregoing Recitals.

RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risks of development, the California State Legislature adopted Government Code sections 65864 et seq. (“Development Agreement Statute”), which authorizes City to enter into a development agreement with any person having a legal or equitable interest in real property regarding the development of such property.

B. City Authorization. Pursuant to Government Code section 65865, City has adopted procedures and requirements for consideration of development agreements which are contained in Lincoln Municipal Code Chapter 18.80. This Development Agreement has been processed, considered and executed in accordance with such procedures and requirements.

C. Property Description. The subject of this Agreement is the development of that certain parcel of land known as Assessor’s Parcel Numbers 021-274-071, in the City of Lincoln, County of Placer, State of California, consisting of 20.9 acres (the “Property”). The Property is depicted on Exhibit A and more particularly described in Exhibit B, both of which are attached hereto and incorporated herein by this reference.

D. Developer’s and Owner’s Interest. JEN California 28 LLC is the Developer of the Parkwood Project and has an option to purchase the Property in fee title from Owner, which option constitutes an equitable interest in the Property. Owner holds fee title to the Property but intends to sell the Property to Developer upon issuance of the Entitlements (defined in Recital F.2 below).

Developer and Owner, and any of their successors or assigns shall be subject to the terms of this Agreement, and that all other persons holding legal or equitable interests in the Property agree to and shall be bound by this Agreement.

E. Project Description. Developer intends to develop the Property with 122 medium density residential lots, two park lots, and necessary infrastructure as depicted on the land use plan in Exhibit C, attached hereto, and in accordance with the Village 1 General Development Plan dated July 23, 2013, as amended on October 10, 2023 (the “GDP”), on file with the City of Lincoln (the “Project”). The Project would allow for the demolition of existing and dilapidated structures and roadways, abandonment of a water well, and allow for the installation of new onsite infrastructure (including roadways, underground utilities, drainage basins), as well as the partial construction of Silverado Trail along the western Project boundary.

F. Project Background and Approvals.

Attachment 2 Exhibit A
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1. Environmental Review. In compliance with the California Environmental Quality Act (“CEQA”), on November 27, 2012, by Resolution NO. 2012-195, the City Council certified the Village 1 Specific Plan Environmental Impact Report (SCH#2010102018) (“EIR”) and adopted Mitigation Monitoring Program (“MMP”). Subsequently, on October 10, 2023, the City Council certified Village 1 Supplemental Environmental Impact Report (“SEIR”) pursuant to City Resolution No. 2023-179. On October 28, 2025, the City Council adopted an Addendum to the SEIR pursuant to Resolution 2025-164 for this Project. Collectively, the EIR, MMP, SEIR, and Addendum may be referred to as “Environmental Documents.” The City Council found the Project is consistent with the General Plan, Specific Plan, and GDP, and that no further environmental review relating to this Agreement is necessary because there are no substantial changes in the Project or in the circumstances under which the Project is to be undertaken, no new information showing that the Project will have any new or substantially more severe impacts or that feasible mitigation measures are available to substantially reduce one or more of the Project’s impacts. Mitigation measures were identified in the Environmental Documents and are incorporated in the Project and in the terms and conditions of this Agreement, as reflected by the findings adopted by the City Council.

2. Approved Land Use Entitlements. The City has approved the following land use entitlements for the Project (“Entitlements”):
(a) A General Plan designation of Village 1 in the Land Use Diagram in City’s General Plan as approved by Resolution No. 2013-148, dated July 9, 2013; (b) A Specific Plan for the Village 1 area adopted by Resolution No. 2012-196 dated November 27, 2012 (“Specific Plan”);
(c) Resolution No. 2023-180, dated October 10, 2023, for an Amendment to the Village 1 Specific Plan (“Specific Plan Amendment”); (d) An Amended General Development Plan adopted by Ordinance No. 1070B, dated October 10, 2023, to amend the Village 1 General Development Plan for development of the Property originally adopted by Ordinance No. 886B, dated July 23rd, 2013 (“General Development Plan”);
(e) A Small Lot Tentative Map for the Property adopted by Resolution No. 2025-165, dated October 28, 2025 (“Tentative Map”) in compliance with the provisions of California Government Code Section 66473.7; and
(f) This Development Agreement adopted pursuant to Ordinance No. _______, dated _______, 2026, approving this Agreement (“Adopting Ordinance”).

The Entitlements, together with the Environmental Documents and related Findings of Fact and Statement of Overriding Considerations, are referred to in this Agreement collectively as the “Project Approvals.”
G. Consistency with Applicable Plans. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council has found Attachment 2 Exhibit A
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and hereby declares this Agreement and the Entitlements are consistent with the General Plan and Specific Plan.

H. Commitment of the Parties. By entering into this Agreement and relying thereupon, Developer is obtaining a vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement. City, at the request of Developer, intends to assist Developer in development of the Project and the public improvements, which are a part of the Project, in accordance with the terms of this Agreement. Development of the Project requires a major investment by Developer in public facilities, substantial front-end investment in onsite and offsite improvements, major dedications of land for public purposes and benefit, and substantial commitment of Developer’s resources to achieve the public purposes and benefits of the Project for its future residents and for City. Financing certain public facilities and dedicating land for public benefit are key elements of consideration for City’s execution of this Agreement. In addition, this Agreement provides City with the assurance of implementation of the General Plan and Specific Plan as Developer proceeds with the development of the Property. City recognizes and has determined that granting vested development rights and assurances in a project of this magnitude will assist Developer in undertaking the development of the Project and thereby achieve the public purposes and benefits of the Project. Without said commitments on the part of City, Developer would neither enter into this Agreement nor develop the Project.

I. Environmental Mitigation. The parties understand that the EIR, SEIR, and Addendum are intended to be used in connection with this Agreement and each of the Entitlements listed above. Consistent with the CEQA, City agrees to use the EIR, SEIR, and Addendum in connection with the build out of the Project to the maximum extent allowed by law. City agrees to analyze subsequent entitlements and to apply the statutory and other exemptions afforded by CEQA in its sound discretion.

J. Intent of this Agreement. City and Developer desire that the development of the Property pursuant to this Agreement will result in significant benefits to Developer by assurances to Developer that it will have the ability to develop the Property in accordance with the Entitlements.

K. Project Benefits. City and Developer desire that the development of the Project pursuant to this Agreement will result in significant benefits to City and Developer by providing Developer with the ability to develop the Property in accordance with this Agreement and providing assurances to City that the Property will be developed in accordance with the General Plan and Specific Plan. Consistent with this desire, City has determined that the Project presents certain public benefits and opportunities, which are advanced by City and Developer in entering into this Agreement. This Agreement will, among other things: (1) reduce uncertainties in planning and provide for the orderly development of the Project; (2) mitigate significant environmental impacts; (3) provide long-term infrastructure solutions and public services; (4) provide market rate housing units; (5) result in the fair-share funding by Developer of critical new city-wide facilities and other infrastructure improvements required to serve the Project; and (6) generate revenue for City and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted.

NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth Attachment 2 Exhibit A
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in this Agreement, the parties agree as follows.

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS

1.1 Incorporation of Recitals. The preamble, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full. Any reference to a section within this Agreement shall be inclusive of all subsections within that section. By way of example, a reference to Section 2.1 of this Agreement shall incorporate Section 2.1.1, Section

2.1.2, Section 2.1.3, and Section 2.1.4.

1.2 Binding Covenants. The provisions of this Agreement, including the Entitlements, shall constitute covenants which shall run with the Property and the benefits and burdens of this Agreement shall be binding upon and benefit the parties and their successors in interest.

1.3 Defined Terms.
“Adopting Ordinance” shall have that meaning set forth in Recital F.2(f) of this Agreement.
“Agreement” shall mean this Development Agreement and any amendments hereto. “CEQA” shall mean the California Environmental Quality Act. “CFD” shall mean Mello-Roos Community Facilities Districts pursuant to and as authorized by Government Code Sections 53311, et seq.
“Changes in the Law” shall have the meaning set forth in Section 2.6. “City” shall mean the city of Lincoln, California and shall include, unless otherwise provided, City’s agencies, departments, officials, employees and consultants. “City Acknowledgments” shall have the meaning set forth in Section 3.8. “Community Development Director” shall mean the Director of City’s Department of Community Development or his or her designee.
“Developer” shall have that meaning set forth in the preamble and shall further include, unless otherwise provided, Developer’s successors, heirs, assigns, and transferees. “Development Agreement Statute” means California Government Code Sections 65864, et seq.
“Effective Date” shall mean that date upon which the Term of this Agreement commences, which shall be thirty (30) days from the date of the Adopting Ordinance was approved.

Attachment 2 Exhibit A
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“EIR” shall collectively mean the environmental impact report documents described in Recital F.1 and prepared for the Specific Plan pursuant to CEQA. “Entitlements” shall have the meaning set forth in Recital F.2 of this Agreement and shall also include, for purposes of this Agreement, any Subsequent Entitlements approved by City.
“Exactions” means all development impact fees, connection or mitigation fees, taxes, assessments and other exactions required by City to support the construction of any public facilities and improvements or the provision of public services in relation to development of the Property, and consistent with the Infrastructure Financing Plan, City’s PFE Program, and the Plan Area Fee Program for the Village 1 Specific Plan.
“Financing Plan Reimbursement Fee” shall have the meaning set forth in Section

4.3. “General Development Plan” shall have the meaning set forth in Recital F.2(d) of this Agreement.
“General Plan” means City’s 2050 General Plan adopted on March 25, 2008, by City Council Resolution No. 2008-048, together with all amendments thereto made prior to the Effective Date of this Agreement.
“Infrastructure Financing Plan” or “IFP” shall mean the Lincoln Village 1 Infrastructure and Public Facilities Financing Plan, including Volumes 1 and 2, adopted by the City Council on September 13, 2016, by Resolution No. 2016-181 as updated in accordance with the terms thereof. The Infrastructure Financing Plan is incorporated into this Agreement by this reference.
“Lender” shall mean the beneficiary under a deed of trust or the mortgagee under a mortgage, or any other person or entity who has advanced funds to, or is otherwise owed money by a debtor, where the obligation is embodied in a promissory note or other evidence of indebtedness, and where such promissory note or other evidence of indebtedness is secured by a mortgage or deed of trust encumbering the Property or a portion thereof. “Master Plan” shall have the meaning set forth in Section 4.5. “Mitigation Fee Act” means California Government Code Sections 66000 et seq. (AB 1600).
“MMP” shall mean the Mitigation Monitoring Program described in Recital F.1 and adopted in conjunction with the EIR.
“Non-Potable Water” shall mean raw water or reclaimed water. “Permitted Delay” shall have the meaning set forth in Section 6.3. “Permitted Delay Notice” shall have the meaning set forth in Section 6.3.

Attachment 2 Exhibit A
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“PFE Fee” shall have the meaning set forth in Section 4.1. “PFE Fee Policy” shall have the meaning set forth in Section 4.1. “PFE Fee Program” shall have the meaning set forth in Section 4.1. “Plan Area Fee” shall have the meaning set forth in Section 4.2.1. “Plan Area Fee Program” shall have the meaning set forth in Section 4.2.1. “Project” means the overall development of the Property pursuant to this Agreement and the Entitlements.
“Property” means the parcel depicted in Exhibit A and more particularly described in Exhibit B as set forth in Recital C of this Agreement. “Public Improvements” shall have the meaning set forth in Section 3.2. “Small Lot Tentative Map” shall mean the Small Lot Tentative Map for the Project as set forth in Recital F.2(e).
“Specific Plan” or “SP” means the Village 1 Specific Plan adopted by the City Council on November 27, 2012, as set forth in Recital F.2(b), as amended by the City Council on September 26, 2023, by Resolution 2023-179.
“Subsequent Entitlements” shall mean all additional and further land use entitlements approved for development of the Property by City following the date of City’s approval of this Agreement.
“Supplemental Environmental Impact Report” or “SEIR” means the environmental document certified on October 10, 2023, supporting the approval of the SPA. “Term” shall have the meaning set forth in Section 1.5.1. “Transfer Agreement” shall have the meaning set forth in Section 1.9.1(a). “Zoning Ordinance” shall mean City’s zoning ordinance contained in Title 18 of City’s Municipal Code.

1.4 Interest of Developer. Developer holds a legal or equitable interest in the Property and all portions thereof and all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. Notwithstanding anything set forth in this Agreement to the contrary:
(a) Subject to Section 2.8 regarding the timing of development, the Property shall be developed in accordance with this Agreement as set forth herein.

Attachment 2 Exhibit A
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(b) Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Property, pay any sums of money, dedicate any land (except as set forth in this Agreement), indemnify any party, or to otherwise meet or perform any obligation with respect to the Property, except and only as a condition to the development of any portion of the Property and even then only to the extent that such act or obligation is necessitated by and in proportion to Developer's development of that portion or phase of the Property. (c) Any development of a portion of the Property shall be subject to the terms of this Agreement, and all the rights, duties, and obligations of both parties to this Agreement shall pertain to such Property.

1.5 Term. The term of this Agreement shall commence upon (“Effective Date”) and shall extend for a period of twenty (20) years from the Effective Date (“Term”).

1.6 Termination. This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the Term;
(b) Completion of the Project in accordance with the Entitlements and City’s issuance of all required occupancy permits and acceptance of all dedications and improvements required under the Entitlements and this Agreement;
(c) For any specific residential dwelling or other structure within the Project, this Agreement shall automatically be terminated upon the issuance by City of a certificate of occupancy for such dwelling or other structure;
(d) Entry of final judgment (with no further right of appeal) or issuance of a final order (with no further right of appeal) directing City to set aside or withdraw City’s approval of this Agreement or any material part of the Entitlements; or (e) The effective date of a termination as provided in Article 6 of this Agreement.

1.6.1 Notice of Termination. City shall, upon written request made by Developer to City’s Community Development Director, determine if the Agreement has terminated with respect to any parcel or lot at the Property, and shall not unreasonably withhold, condition, or delay termination as to that lot or parcel. Upon termination of this Agreement as to any lot or parcel, City shall upon Developer’s request record a notice of termination that the Agreement has been terminated as to that parcel or lot at the Property. The aforesaid notice may specify, and Developer agrees, that termination shall not affect in any manner any continuing obligation to pay any item specified by this Agreement. Termination of this Agreement as to any parcel or lot at the Property shall not affect Developer’s rights or obligations under any of the Entitlements and Subsequent Entitlements, including but not limited to, the General Plan, Specific Plan, Zoning Ordinance and all other City policies, regulations and ordinances applicable to the Project or the Property, including such rights set forth in Article 4, including but not limited to the right to secure PFE Fee credits or Plan Area Fee credits and any and all reimbursements due to Developer from NonParticipating Landowners, and Developer’s indemnification obligations under this Agreement.

Attachment 2 Exhibit A
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City may charge a reasonable fee for the preparation and recordation of any notice(s) of termination requested by Developer.

1.7 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part by mutual written consent of the parties hereto or their successors in interest, and as follows:
(a) Minor Amendments. Any amendment to this Agreement, or the Infrastructure Financing Plan, meeting the provisions of Lincoln Municipal Code Section

18.84.100 and which can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum or a Negative Declaration, or which do not alter the material obligations of the Project or this Agreement, shall be a minor amendment and shall not require a noticed public hearing prior to the parties executing an amendment to this Agreement, except as otherwise required by state law, provided, however, that City shall retain discretion to hold a public hearing if it so chooses.
(b) Substantial Amendments. Except as otherwise described in Section 1.7(a), amendments to this Agreement shall require notice and a public hearing pursuant to California Government Code Section 65868.
(c) Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, with all other terms and conditions remaining in full force and effect without interruption. No amendment to this Agreement shall be effective unless contained in a writing executed by both City and Developer, or their successors in interest.

1.8 Project Approval Amendments. To the extent permitted by state and federal law, any Entitlement may, from time to time, be amended or modified in the following manner:

1.8.1 Minor Amendments. Amendments to the Specific Plan shall comply with Section 7.6.2 thereof. Amendments to the General Development Plan shall comply with Section

4.4 thereof. For amendments or modifications to any Entitlement or Subsequent Entitlement (other than this Agreement), the Specific Plan, or the General Development Plan, Developer may submit a written request for amendment or modification to the Community Development Director. The Community Development Director or his/her designee shall determine whether the requested amendment or modification is a minor amendment or modification that may be approved by the Community Development Director without notice or public hearing. For purposes of this section only and by way of example, minor modifications or amendments include changes in pedestrian paths; amendments to lot patterns and street alignments which will not have a substantial or material impact on the circulation system as described for each village area in the Specific Plan; minor changes in landscaping for any landscaping shown on a final map or landscape plan; variations in the location of lots or home sites that do not substantially alter the design concepts of the Project; reductions in the number of lots or home sites that do not substantially alter the design concepts of the Project; and variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project. Notwithstanding the foregoing, City retains the exclusive right to make the determination, in its own discretion, as to whether a modification or amendment constitutes a minor modification or amendment or requires an amendment in accordance with Section 1.8.2 below. The Community Attachment 2 Exhibit A
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Development Director and/or the City Manager shall retain the right and discretion to present any amendment or modification to City’s Planning Commission and/or City Council for approval at a noticed public hearing and/or a public meeting of those legislative bodies.

1.8.2 Substantial Amendments. Any request of Developer for an amendment or modification to an Entitlement or Subsequent Entitlement (other than this Agreement) which is determined by City not to be a minor amendment as set forth in Section 1.8.1 above shall be subject to the provisions of review, consideration and action pursuant to the Specific Plan, General Development Plan, and other applicable law.

1.8.3 Vesting of Entitlements Made By Amendments. In the event of any change to any Entitlement or Subsequent Entitlement made pursuant to Sections 1.8.1 or 1.8.2 above, the change to such Entitlement or Subsequent Entitlement shall be vested for the then remaining duration of the Term of this Agreement, or the time allowed by applicable statute, whichever is longer.

1.8.4 Subsequent Entitlements; Application of Agreement. City shall accept for processing and timely review any and all applications submitted by Developer for land use entitlements necessary or convenient for the exercise of Developer’s rights under the Entitlements for the use and development of the Property.

1.9 Assignment of Interests, Rights and Obligations. Developer may assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property or any portion thereof in accordance with the provisions of this Agreement.

1.9.1 Transfer Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Property, Developer and the transferee shall enter into a written agreement in a form substantially similar to Exhibit D attached hereto (“Transfer Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Transfer Agreement shall: (i) release Developer from obligations under this Agreement, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee the rights under this Agreement; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. Transfer Agreement(s) must be approved by the City Manager, provided the City Manager’s approval shall not be withheld or delayed unless City demonstrates, based on substantial evidence, the proposed transferee is unable to fulfill its obligations under this Agreement. Upon recordation of any Transfer Agreement in the Official Records of Placer County, Developer shall be automatically released from those obligations assumed by the transferee therein. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default of any transferee.

1.9.2 Non-Assuming Transferees. Except as otherwise elected by Developer, upon the sale of any parcel for which all public improvements required for the development thereon have been completed (or for which public improvements adequate financial security for Attachment 2 Exhibit A
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the completion thereof has been posted by Developer and accepted by City) and any financing districts required to include such parcel hereunder have been formed, then the burdens, obligations and duties (but not the rights) of Developer under this Agreement as to such conveyed parcel shall terminate with respect to such transferee. In such event, a Transfer Agreement shall not be required in connection with the conveyance of such parcel and the assignment of the rights, without the obligations, under this Agreement. Nothing in this Section shall exempt any property transferred from payment of applicable fees and assessments or compliance with applicable conditions of approval.

1.10 Notices. All notices required or provided for under this Agreement shall be in writing and shall be sent by: (i) U.S. mail first class postage prepaid with return receipt requested; or (ii) by overnight courier; or (iii) personal delivery. All such notices shall be accompanied by a copy sent by email provided to the email addresses below:

Notice to City: City of Lincoln
Attention: City Manager
600 6th Street
Lincoln, CA 95648
Telephone: 916.434.2490
Facsimile: 916.645.8903
Email: [email protected]
with copy to: City of Lincoln
Attention: Community Development Department
600 6th Street
Lincoln, CA 95648
Email: [email protected]
Notice to Developer: JEN California 28 LLC
c/o Taylor Builders, LLC
1478 Stone Point Drive, Suite 100
Roseville, CA 95661
Attention: Clifton Taylor & John Jewett
Telephone: (916) 778-0008
Email: [email protected]
[email protected]
Notice shall be effective when the postal authorities indicate the mailing was delivered, the date delivered in person, or upon receipt of the entire document by the receiving party’s electronic mail, as evidenced by the sending party’s email confirmation report.

1.11 Development Agreement Controls. In the event of any inconsistency between the terms and provisions of this Agreement, the Specific Plan, the General Development Plan, and/or the conditions of approval for any tentative subdivision map for the Project, the terms and provisions of this Agreement shall control.

Attachment 2 Exhibit A
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ARTICLE 2

DEVELOPMENT OF THE PROPERTY

2.1 Vested Rights. Except as set forth in Sections 2.4, 2.5, 2.6, and 2.7, Developer shall have the vested right to proceed with development of the Property in accordance with the Entitlements, and to have Subsequent Entitlements considered for approval or denial, based upon the terms, standards and requirements set forth in the Entitlements. It is the intent of City and Developer that Developer’s vested rights shall include: (i) the permitted land uses, density and intensity of use, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, the maximum height and size of proposed buildings, the location and size of public improvements, and the design, improvement, and construction standards and specifications applicable to development of the Property all as set forth in the Entitlements and in this Agreement; and (ii) all other terms and conditions of the development of the Project as set forth in the Entitlements and in this Agreement. Any amendments to this Agreement will affect only those sections amended and shall not affect any other term of this Agreement.

2.2 Extension of Entitlements and Subsequent Entitlements. Pursuant to Government Code Section 66452.6, all vesting tentative subdivision maps, vesting tentative parcel maps, parcel maps, tentative subdivision maps, planned unit development permits, specific development permits, special permits, general development plans or any other maps, zonings, re-zonings or land use entitlements of potentially limited duration previously, contemporaneously or subsequently approved by City for the Property subject to this Agreement shall be valid for a minimum term equal to the Term of this Agreement, or for a period of forty-eight (48) months, whichever is longer, but in no event for a period shorter than the maximum period of time permitted by the California Subdivision Map Act or Government Code for such land use entitlements.

2.3 Rules, Regulations and Policies. Except as set forth in Sections 2.5, 2.6, 2.7 and 2.8, below, the rules, regulations, policies, ordinances, and resolutions of City governing the development of the Project, including permitted uses of the Property, density, and design, improvement, and construction standards and specifications, shall be those in force on the Effective Date of the Agreement and as contained in the Entitlements and this Agreement. In the event of any conflict between the provisions of this Agreement and any ordinance, resolution, rule, regulation or policy of City, the provisions of this Agreement shall control.

2.4 Application of Subsequently Enacted or Modified Rules, Regulations and Ordinances. City may, during the Term of this Agreement, apply such City-enacted or modified rules, regulations, ordinances, laws, and official policies including improvement and construction standards and specifications and plans adopted or modified after the date of this Agreement which are not inconsistent with or in conflict with the Entitlements or this Agreement, are applied uniformly to all similar properties, or otherwise do not prevent development of the Project in accordance with the Entitlements and the terms of this Agreement. (a) Should an ordinance or resolution or other measure be enacted, whether by action of the City Council, by initiative, referendum or otherwise which is in conflict with or reduces Developer’s vested development rights as provided in the Entitlements and/or this Agreement, City agrees that such ordinance, resolution or other measure shall not apply to the Attachment 2 Exhibit A
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Project, or any development thereof, or construction related thereto, or construction of improvements necessary therefore.
(b) Should an ordinance or resolution or other measure be enacted, whether by action of the City Council, by initiative, referendum or otherwise which relates to the rate, timing or sequencing of the development or construction of the Project, including, but not limited to, development no-growth or slow growth moratoria, to the extent any such measure is inconsistent with or conflicts with the Entitlements and/or this Agreement, City agrees that such ordinance, resolution or other measure shall not apply to the Project, or any development thereof, or construction related thereto, or construction of improvements necessary therefore. (c) Should any initiative, referendum, or other measure be enacted, and any failure to apply such measure to the Property by City is legally challenged, Developer agrees to fully defend, indemnify and hold the City harmless against such legal challenge with legal counsel agreed upon by the parties, including providing all necessary legal services, bearing all reasonable costs therefore, and otherwise holding City harmless from all costs and expenses reasonably incurred by City in connection with such legal challenge and litigation, but only if City’s failure to apply any such measure to the Property was at the written request of Developer. In addition, if Developer is not named as a party in any such litigation, City agrees that it will support Developer’s efforts to intervene in any such litigation if Developer should choose to do so. (d) Without limiting the terms of Section 2.1 or 2.6, by virtue of this Agreement, Developer is being given the vested right to develop the Project without having to comply with the terms and provisions of any future City-enacted inclusionary housing ordinance, affordable housing ordinance, or similar ordinance that would require Developer to provide a minimum number of below-market rate housing units at the Property or pay a fee in-lieu of providing below-market rate housing units at the Property.

2.5 Uniform Building Code and Improvement Standards. Except as otherwise specifically set forth in this Agreement, and provided they have been adopted by City and are in effect on a city-wide basis, City may apply to the Property, at any time during the Term of this Agreement, the then current City Improvement Standards and Design Criteria, California Uniform Building Code (“UBC”), and any other uniform standards or construction codes as approved by City.

2.6 State and Federal Law. As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in law permits, regulations, plans or policies, design criteria and improvement standards to the extent that such changes are specifically mandated and required by changes in state or federal laws, regulations or permits (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement by either party hereto, such provisions of this Agreement shall be modified or suspended or performance delayed, as may be necessary to comply with Changes in the Law, and City and Developer shall meet and confer in good faith to determine whether the Changes in the Law apply to the Property and whether an amendment to this Agreement is necessary in light of the Changes in the Law. City and Developer shall take such action as may be necessary to meet the minimum requirements of such state or federal law, rule or regulation in a manner which is consistent with the original intent and rights Attachment 2 Exhibit A
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and obligations originally placed on each party by this Agreement. In the event City and Developer, after having engaged in good faith negotiations, are unable to agree on any amendment, they shall consider whether suspension of the Term of this Agreement is appropriate, and if so, what the terms and conditions of any such suspension should be. In the event City and Developer, after having engaged in good faith negotiations are unable to agree on the suspension issues, then Developer shall have the right to terminate this Agreement by giving City sixty (60) days’ written notice of termination. Developer or City shall have the right to institute litigation relating to the Changes in the Law and raise any issues regarding the validity of the Changes in the Law. If such litigation is filed, this Agreement shall remain in full force and effect until final judgment is issued.

Provided, however, that if any action that City would take in furtherance of this Agreement would be rendered invalid, facially or otherwise, by the Changes in the Law, City shall not be required to undertake such action until the litigation is resolved, or the Changes in the Law are otherwise determined invalid, inapplicable, or are repealed. If such judgment invalidates the Changes in the Law or determines that it does not affect the validity of this Agreement, this Agreement shall remain in full force and effect, and its Term shall be extended by the amount of time between the effective date of the Changes in the Law, and the effective date of the judgment. If such judgment determines that the validity of this Agreement is, directly or indirectly affected by the Changes in the Law, then the provisions of this Section shall apply.

2.7 Health and Safety Measures. Notwithstanding anything to the contrary contained in this Agreement, nothing herein shall be construed to limit City’s general police power to implement, based upon appropriate and adequate findings, specific measures necessary to alleviate legitimate and bona fide harmful and noxious uses, or protect against threats to the health and safety of City residents as determined by the City Council, in which event any rule, regulation or policy imposed on the development of the Property shall be done to the minimum extent necessary to correct such bona fide harmful and noxious uses or protect against dangerous threats to the health and safety of City residents.

2.8 Development Timing. This Agreement does not require Developer to proceed with development of the Property or to initiate or complete development of any phase of the development of the Property or any portion thereof within any period of time set by City. City acknowledges the timing of development of the Property shall be in Developer’s sole and absolute discretion. No future modification of City’s municipal code or any ordinance or regulation which limits the rate of development over time shall be applicable to the Property.

2.9 Phasing. Developer may choose to file phased small lot final maps for the Project.

However, if Developer files a small lot final map consisting of less than ten (10) acres, Developer shall be required to pay the Plan Area Fee for a minimum of ten (10) acres until such time as Developer has met its obligations under the Plan Area Fee Program.

ARTICLE 3

DEVELOPER OBLIGATIONS

3.1 Fee Obligations. Subject to certain fee credits and/or fee reimbursements as set forth in this Agreement, Developer shall pay only those Exactions listed in Exhibit E hereto and fees identified in this Agreement. Except as otherwise provided herein, any and all required payments of fees or Exactions shall be made at the time and in the amount specified by the Attachment 2 Exhibit A
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applicable City programs or ordinances then in effect at such time those fees and Exactions are due. Nothing in this Agreement shall constitute a waiver of Developer’s right to challenge the legality of the amount of, allocation of, or any future increases in, the Exactions applied to the Property.

3.2 Public Improvements. Developer agrees, subject to the requirements and limitations of certain fee credits and/or fee reimbursements as set forth in Article 4, unless already constructed, to construct and/or finance those public infrastructure improvements necessary to serve the Project as set forth in the Infrastructure Financing Plan (“Public Improvements”) and as determined by the City Engineer in the improvement plans for the Project. Each of the Public Improvements shall be designed and constructed to City’s specifications in effect at the time plans are submitted to City for approval, except as may be otherwise provided in Sections 2.4 and 2.5 above. Subject to Section 2.8 regarding the timing of development, the timing for completion of the Public Improvements shall be as set forth in the Infrastructure Financing Plan.

3.3 Water.

3.3.1 Water Facilities. Developer shall install, concurrently with the construction of the roadways, water mains within the Project to connect to the 30-inch water transmission main within Oak Tree Lane.

3.3.2 Water Supply. City acknowledges and agrees that Developer’s payment of the applicable City water fees for the Project will provide City with the means to furnish an adequate supply of water for the needs of the Project.

3.3.3 Groundwater. City shall continue to utilize and expand its existing groundwater system to reduce peaks and as an emergency back-up supplement to its surface water supply. In furtherance of City’s ability to develop its groundwater resources, Developer hereby agrees to dedicate to City all rights to the groundwater underlying the Property, provided such dedication of underlying groundwater rights is required by City of other major developers or subdividers in City. The dedication of such groundwater rights shall take place prior to approval of the first final large lot map and/or small lot final map for the Project and shall be in a form acceptable to the City Attorney.

3.3.4 Water Supply Verification. City acknowledges and agrees that Developer has complied with the terms of California Government Code Section 66473.7 for the Project, as may be applicable to the Project.

3.4 Drainage. Developer shall construct drainage facilities to convey storm water to the northern park site (entering the existing swales and flowing into the pond in the northwest corner of the Project site), and from there to the large pond to the north. The drainage facilities shall be included in the improvement plans for the Project, subject to the approval of City. Developer shall conduct a hydrologic study of the Project site to ensure design of the drainage system for the Project will be in accordance with all applicable regulations and criteria, including hydromodifications associated with Phase 2 of the Municipal General NPDES Permit currently in force.

3.5 Parks and Open Space. Developer is dedicating a total of 4.2 acres of parkland to the City as follows:

Attachment 2 Exhibit A
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3.5.1 Park Dedication and Fee Requirements. City requires Developer to provide neighborhood and regional parks for recreational activities based on the ratios and population factors per land density set forth in the Specific Plan. The Property is zoned Village Medium Density Residential or “VMDR”. The Specific Plan assumes 2.8 persons per household. With 122 units proposed, that equates to a population of 342 people. City agrees to accept dedication of the Regional Park (Lot B) upon filing and recordation of the final map. City agrees to accept dedication of the Neighborhood Park (Lot A) upon completion of construction to the satisfaction of the City Engineer. Once accepted, City shall maintain Lots A and B.

3.5.2 Regional Park Obligations. City has a regional park requirement of three acres for every 1,000 people. Thus, the Project is required to dedicate or pay a fee for 1.026 acres of regional park (3 / 1,000 = .003 x 342 = 1.026). Developer proposes to dedicate 2.7 acres of parkland on site for a regional park to the City as part of this Project. Accordingly, City hereby acknowledges Developer’s over-dedication of regional parkland in the amount of 1.674 acres and agrees to provide Developer with 1.674 acres of regional park credits for the land dedication only, which Developer may transfer to any builder within Village 1 Specific Plan, subject to approval by the City; such approval shall not be unreasonably withheld.

3.5.3 Neighborhood Park Obligations. The City has a neighborhood park requirement of 2.43 acres per 1,000 people. Thus, the Project is required to dedicate or pay a fee for 0.831 acres of neighborhood park (2.43 / 1,000 = .00243 x 342 = 0.83). Developer proposes to dedicate and construct 1.5 acres of neighborhood park on site. Accordingly, the City acknowledges Developer’s over-dedication of neighborhood park in the amount of 0.67 acres and agrees to provide Developer with 0.67 acres of credits towards the Neighborhood Park Land Acquisition component of the Village 1 Plan Area fee upon the filing of the small lot final map. Developer shall receive full fee credit toward the Neighborhood Park Development Component of the Village 1 Plan Area fee for the construction of the park being constructed in Lot A and dedicated with the small lot final map. Developer shall pay park fees to meet the community parks and open space amenity demands of the Project per Mitigation Measure 4.12-7 prior to filing the small lot final map.

3.5.4 PFE Community Services Parks and Trails Fee. Developer’s development of the Neighborhood Park shall offset any PFE park fees due and owing to the City, as applicable.

The Neighborhood Park, if considered a PFE facility, would be subject to credits/reimbursement under Section 4.1 of this agreement.

3.5.5 Open Space. City requires three acres of open space per 1,000 residents.

Because the Specific Plan currently provides for 741 acres of open space, no further credits are required from the Project and no open space preservation areas are proposed on the Project.

3.5.6 Roadways. Primary access to the Project site will be provided by Silverado Trail, a new collector street proposed north of Oak Tree Lane, abutting the western perimeter of the Project site. Developer shall be responsible for payment of any City purchase of the land and any easements upon the area which Silverado Trail will be constructed, and City agrees to acquire the fee title to the land and any easements for purposes of such construction by Developer as allowed by law. A secondary access is provided to Oak Tree Lane on the eastern portion of the Attachment 2 Exhibit A
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Project site. Nothing contained in this provision shall be deemed to override Developer’s roadway obligations as contained in the Project improvement plans approved by City.

3.5.7 Sewer. Developer shall install, concurrently with the construction of the roadways, onsite sewer infrastructure as part of the Project consistent with the Village 1 Specific Plan. Sewer mains shall connect with the 12-inch sewer mains located at the Oak Tree Lane and Silverado Trail intersection.

3.5.8 Trails. Developer is not required to construct trail facilities as part of the Project.

3.6 Biological Resources. The EIR requires Developer mitigate for any potentially significant impacts to biological resources, including oak trees, burrowing owl, and Swainson’s hawk, among others. The Placer County Conservation Plan (“PCCP”) was adopted and approved by the County, the City, and various regulatory agencies in 2022. As a result, Developer shall mitigate Project impacts through the PCCP for all covered biological impacts, including Swainson’s Hawk and oak tree resources. Developer shall mitigate for any non-covered biological impacts as outlined in the MMP.

3.7 Infrastructure, Maintenance and Public Services Finance.

3.7.1 Infrastructure Finance. As further set forth in the conditions of approval and Infrastructure Financing Plan, upon request by Developer, City and Developer will cooperate to establish one or more CFDs to fund the Public Improvements. Developer may also utilize the Statewide Community Infrastructure Program (“SCIP”) to fund the Public Improvements. To the extent the costs of the Public Improvements exceed the proceeds from CFDs or other financing mechanism(s), Developer shall be solely responsible for such shortfall. (a) Infrastructure CFDs. Except as may otherwise be agreed to by Developer and City during the formation of a CFD for the Property, the following specific provisions shall be included within the applicable terms and conditions of any CFD related to the Property. The CFD shall be consistent with any City adopted finance policies relating to such financing. The term of the special tax to be levied by any CFD against the Property shall be sufficient to support multiple bond sales not to exceed an authorized amount appropriate for the Project, as determined by City and Developer. Available CFD bond proceeds and/or special tax proceeds may be used to fund, in addition to acquisition and/or construction of the Public Improvements, reimbursements and/or payment of development impact fees, and City PFE Fee Program projects outside of the Specific Plan area provided the amount of CFD proceeds used to fund such projects shall not exceed the amount of PFE fee credits for which Developer would otherwise be eligible for such projects. When the CFDs are created, City will include provisions that permit the acquisition or construction cost of the Public Improvements to be paid from PayAs-You-Go Levies in amounts and for time periods to be agreed to in an acquisition agreement entered into in connection with the issuance of bonds. Nothing in this Section shall be construed to limit or change Developer’s ability to receive fee credits and/or fee reimbursements for infrastructure improvements in accordance with City policies in effect as of the Effective Date, including but not limited to improvements financed by a CFD or other financing mechanism.

Nothing contained herein shall be construed to cause a conflict with any existing CFD formed for the Specific Plan area or the Infrastructure Financing Plan.

Attachment 2 Exhibit A
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(b) Alternative Financing Mechanisms. Nothing herein shall be construed to limit Developer’s option to construct any improvements through the use of alternative financing mechanisms, including but not limited to SCIP financing, traditional assessment districts, private financing, and other financing mechanisms as permitted by law and authorized by City.

3.7.2 Maintenance Finance. As further set forth in the Infrastructure Financing Plan, prior to approval of a small lot final map, City and Developer will complete all actions needed to form, annex into, and/or implement the funding mechanism(s), including financing districts and special taxes, to pay to maintain existing and new public improvements, facilities, and services associated with or needed to serve the Property as identified in the Infrastructure Financing Plan and for the Specific Plan. Developer shall participate in, support, and pay all reasonable costs incurred by City associated with such actions consistent with this Agreement and the Infrastructure Financing Plan. The amount of special taxes or assessments to be included in each new maintenance or services district referred to herein and identified for formation by the Infrastructure Financing Plan shall not exceed the amounts reasonably determined by City and Developer during the formation of such finance district to fund the operations, maintenance and/or services to be financed thereby. City hereby acknowledges such special taxes or assessments shall be (i) used solely to cover the revenue shortfall, if any, caused by the tax sharing agreement negotiated between the City and County of Placer in compliance with California Revenue and Tax Code Section 99(b) and California Government Code Section 56842 for the annexation of the Specific Plan area and (ii) consistent with the City’s revenue and expense assumptions as set forth in the Lincoln Village 1 Fiscal Impact Analysis prepared by Economic and Planning Systems and dated April 25, 2014 (collectively, “City Acknowledgments”). As more particularly described in Chapter 8 of Volume 1 of the Infrastructure Financing Plan, the funding mechanisms will include/cover: (1) parks, trails, landscape corridors, medians, and open space maintenance; (2) street, traffic signals, and lighting maintenance; and (3) storm drainage maintenance. (a) Interim Maintenance. Existing and new public improvements and facilities associated with or needed to serve the Project may require maintenance prior to City’s formal acceptance of such improvements and facilities and implementation of the funding mechanism(s) described in this Section 3.7. In the event such maintenance is required, and subject to the City Acknowledgments, Developer hereby agrees to provide said maintenance, or enter into an agreement with City to provide advance funding for said maintenance, until the funding mechanism(s) provide sufficient revenue to fund the required maintenance. Once the funding mechanism(s) provide sufficient revenue to City to perform the required maintenance, City hereby agrees that Developer shall be entitled to a reimbursement from the funding mechanism(s) for all sums previously paid or advanced by Developer which are paid for by the established funding mechanism(s) and which cover the same costs paid or advanced by Developer. The Parties agree the funding mechanism(s) shall be the sole source of funding for the reimbursement.

Reimbursements will be paid after all annual maintenance costs have been funded, unless an earlier reimbursement is approved by the City Manager, provided the City Manager shall have the right, in his or her sole discretion, to seek City Council approval of any such alternative reimbursement. (b) Interim Specific Plan Area Road Maintenance Costs. Developer and City acknowledge certain roads within the Specific Plan area may require maintenance prior to implementation of the funding mechanism(s) described in Section 3.7 and the costs of such Attachment 2 Exhibit A
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maintenance will exceed revenues received by City to provide such maintenance. Said shortfall shall be funded by either a one-time fee per unit of $38.29 paid prior to building permit issuance, or an alternative financing mechanism acceptable to City. The fee of $38.29 per unit shall be adjusted each year on July 1st by the City based on cost of living or other such inflationary adjustments (including inflationary adjustments based on the Engineering News Record Cost of Construction Index, a Consumer Price Index, or other method) in accordance with City ordinances or the financing plan. Interim Specific Plan Area Road Maintenance costs will stop once the Project annexes into CFD 2018-1.

3.7.3 Public Services Finance. As further set forth in the Infrastructure Financing Plan, and subject to the City Acknowledgments, prior to approval of a small lot final map, City and Developer will complete all actions needed to form, annex into, and/or implement the funding mechanism(s), including financing districts and special taxes, to pay to for public services associated with or needed to serve the Project. City hereby acknowledges such special taxes or assessments shall be (i) used solely to cover the revenue shortfall, if any, caused by the tax sharing agreement negotiated between the City and County of Placer in compliance with California Revenue and Tax Code Section 99(b) and California Government Code Section 56842 for the annexation of the Specific Plan area and (ii) consistent with the City’s revenue and expense assumptions as set forth in the Lincoln Village 1 Fiscal Impact Analysis prepared by Economic and Planning Systems and dated April 25, 2014 (collectively, “City Acknowledgments”).

Developer shall participate in, support, and pay all reasonable costs incurred by City associated with such actions consistent with this Agreement and the Infrastructure Financing Plan. (a) Interim Wildland Fire Protection Costs. Developer and City acknowledge that City may enter into a wildland fire protection agreement with the California Department of Forestry and Fire Protection to provide wildland fire protection within the Specific Plan area until such protection is no longer needed to serve the Specific Plan Area. Developer hereby agrees:

1. To reimburse City for its fair share of the cost of securing such wildland fire protection for 15.4 acres within the Property requiring wildland fire protection as determined by the wildland fire protection agreement.

2. The amount of the reimbursement owed by Developer shall be calculated by taking the total number of developable acres (15.4) within the Parkwood Project property (“Developable Acreage”), plus forty percent (40%) of the Developable
Acreage, and multiplying the sum by the CALFIRE Total
Protection Rate (cost per acre) in effect for the coverage year.

3. Developer shall be required to reimburse City in the amount of eight thousand, four hundred and forty-seven dollars and fifty-three cents ($8,447.53) for years of protection coverage purchased by the City, including 2018 to present, for the Attachment 2 Exhibit A
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Project Property acreage plus 40% of the Developable
Acreage.

4. Said reimbursement shall be delivered to City by February 1 each year following the Effective Date of this Agreement.

5. Payment of wildland fire protection costs shall be required until the Property is annexed into CFD No. 2018-2, at which point Developer’s annual payment obligation under this
Section shall cease.

3.7.4 Interim Public Safety Costs. Developer and City acknowledge providing public safety service to the Project prior to the sale of homes will exceed revenues by City to provide such services, based on the City’s revenue and expense assumptions as set forth in the Lincoln Village 1 Infrastructure and Public Facilities Financing Plan prepared by Economic and Planning Systems and dated August 2016. Said shortfall shall be funded by either a one-time fee per unit of $247.10 paid prior to building permit issuance, or an alternative financing mechanism acceptable to City. The fee of $247.10 per unit shall be adjusted each year on July 1st by the City based on cost of living or other such inflationary adjustments (including inflationary adjustments based on the Engineering News Record Cost of Construction Index, a Consumer Price Index, or other method) in accordance with City ordinances or the financing plan. Interim Public Safety costs will stop once the project annexes into CFD 2018-2.

3.8 Prevailing Wages. To the extent required by California’s Prevailing Wage Law (Labor Code Sections 1720, et seq.), Developer shall pay prevailing wages for construction of the Public Improvements.

3.9 Community Benefit Fee. In recognition of the benefits conveyed by this Agreement, Developer hereby agrees to pay three hundred twenty-two dollars and twenty-seven cents ($323.43) per dwelling unit as a community benefit fee. The proceeds from said fee may be used to achieve community benefits as the City Council may deem appropriate. Payment of the community benefit fee shall be made at the time that each building permit for a dwelling unit is issued by the City. The fee of $323.43 per unit shall be adjusted each year on by the City based on cost of living or other such inflationary adjustments (including inflationary adjustments based on the Engineering New Record Cost of Construction Index, a Consumer Price Index or other method in accordance with City ordinances or the financing plan.

ARTICLE 4

CITY OBLIGATIONS

4.1 Public Facilities Element Fee Program. City has recently updated its PFE Fee program to include the public facilities required to serve the 2050 General Plan (“PFE Fee Program”). City shall administer said program and policy and impose a PFE Fee Program fee (“PFE Fee”) on all developing parcels within the Specific Plan area.

4.1.1 PFE Fee Program Credits/Reimbursements. When Developer provides PFE facilities, Developer shall receive PFE Fee credits consistent with City’s PFE Policy. If the amount of Developer’s PFE Fee credits do not reach a zero balance prior to the issuance of the last building Attachment 2 Exhibit A
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permit within the Project, Developer shall have the right to transfer any such fee credit balance to any other property within the Specific Plan area owned by Developer. Upon written notice to City using the form attached hereto as Exhibit F (“PFE Fee Credit Transfer Agreement”), Developer may at any time freely transfer and assign any unused PFE Fee credits to another developer within the Specific Plan area subject to City’s approval, which shall not be unreasonably withheld. PFE Fee credits are eligible for reimbursement when funds are available pursuant to the PFE Policy.

4.1.2 Accounting of PFE Fee Credits/Reimbursements. Within sixty (60) days of receipt of written request by Developer, City shall provide Developer with a written accounting of Developer’s current balance of PFE Fee credits and/or reimbursements, including complete documentation of the basis for such PFE Fee credits and/or reimbursements. The PFE Fee credit and reimbursement obligations will be calculated in the manner set forth in the PFE Fee Program and/or PFE Policy.

4.1.3 PFE Fee Credits/Reimbursements Agreement. Prior to Developer commencing construction of any facility included in the PFE Fee Program, the Parties shall enter into a PFE Fee Credit/Reimbursement Agreement in the form substantially similar to Exhibit G attached hereto.

4.1.4 Nature of PFE Fee Credits/Reimbursements. All rights to PFE Fee credits and/or reimbursements shall be personal to Developer and shall not run with the land, unless such rights are expressly designated in writing to do so.

4.1.5 Alternate Exhibit Forms. Nothing in this Agreement shall preclude the Parties from mutually agreeing to use alternative forms of agreement or documentation memorialize the PFE Fee credits/reimbursements due to Developer, or the transfer thereof, as contemplated by Exhibits F and G.

4.2 Infrastructure Financing Plan. City hereby agrees to implement the Infrastructure Financing Plan for the Term of this Agreement such that all projects within the Specific Plan area shall be conditioned to comply with the fee and fee credit/fee reimbursement provisions included therein.

4.2.1 Plan Area Fee Program. As more particularly described in Chapter 6 of Volume 1 of the Infrastructure Financing Plan, City shall adopt and implement the Village 1 Plan Area Fee Program (“Plan Area Fee Program”) to finance the costs of excluded or underfunded public facilities and fairly spread the costs thereof to all developing parcels within the Specific Plan area. The Plan Area Fee Program shall consist of four components: (1) infrastructure fee component; (2) neighborhood park development fee component; (3) neighborhood park land acquisition fee component; and (4) administration fee component (collectively, “Plan Area Fee”).

The timing of collection of the Plan Area Fee shall be as set forth in Chapter 6 of Volume 1 of the Infrastructure Financing Plan. The Plan Area Fee shall be collected and held by City and earn interest at the same rate as City receives from the Local Agency Investment Fund.

4.2.2 Plan Area Fee Program Credits/Reimbursements. As more particularly described in Chapter 6 of Volume 1 of the Infrastructure Financing Plan, Developer shall be entitled to Plan Area Fee credits and/or reimbursements from the Plan Area Fee Program for the actual costs incurred to design and/or construct eligible Public Improvements. The amount of such Attachment 2 Exhibit A
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Plan Area Fee credits and/or reimbursements shall be adjusted every year consistent with the Plan Area Fee Program.

4.2.3 Election between Plan Area Fee Credits/Reimbursements. Except as otherwise provided in the Infrastructure Financing Plan, Developer shall be entitled to elect between Plan Area Fee credits and reimbursements, or direct an apportionment between the two, from the Plan Area Fee Program, but shall only be entitled to reimbursements when funds are available for reimbursement through any eligible funding source as identified within the Plan Area Fee Program.

4.2.4 Accounting of Plan Area Fee Credits/Reimbursements. For purposes of calculating and applying Plan Area Fee credits and/or reimbursements, City shall maintain segregated Plan Area Fee Program accounts for each facility component. City shall also maintain an accounting of the current balance of Plan Area Fee credits and/or reimbursements. Within sixty (60) days of receipt of written request by Developer, City shall provide Developer with a written accounting of Developer’s current balance of Plan Area Fee credits and/or reimbursements, including complete documentation showing the basis for such Plan Area Fee credits and/or reimbursements. The Plan Area Fee credit and reimbursement obligations will be calculated in the manner set forth in the Plan Area Fee Program.

4.2.5 Plan Area Fee Credits/Reimbursements Agreement. Prior to Developer commencing construction of any public facility required for the Project and eligible for credits and/or reimbursements from the Plan Area Fee program, the Parties shall enter into a Plan Area Fee Credit/ Reimbursement Agreement in a form substantially similar to Exhibit H attached and incorporated hereto.

4.2.6 Nature of Plan Area Fee Credits/Reimbursements. All rights to Plan Area Fee credits and/or reimbursements shall be personal to Developer and shall not run with the land, unless such rights are expressly designated in writing to do so. Notwithstanding, Developer may sell or assign its fee credits to any other developer in the Specific Plan area. Developer shall notify City of any such sale or assignment of fee credits. Upon written notice to City using the form attached hereto as Exhibit I (“Plan Area Fee Credit Transfer Agreement”), Developer may at any time freely transfer and assign any unused Plan Area Fee credits to another developer within the Specific Plan area subject to City’s approval, which shall not be unreasonably withheld. Plan Area Fee credits are eligible for reimbursement when funds are available pursuant to the Plan Area Fee Policy.

4.2.7 Alternate Exhibit Forms. Nothing in this Agreement shall preclude the Parties from mutually agreeing to use alternative forms of agreement or documentation memorialize the Plan Area Fee credits/reimbursements due to Developer, or the transfer thereof, as contemplated by Exhibits H and I.

4.3 Right-of-Way Acquisition. With respect to the acquisition of any offsite interest in real property required by Developer to fulfill any condition required of the Project, the Entitlements or the Subsequent Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the Attachment 2 Exhibit A
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reasonable satisfaction of City’s Community Development Director, and (ii) agrees to pay the cost of such acquisition, including reasonable attorneys’ fees, then City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City shall schedule the necessary hearings, and, if approved by City, thereafter, prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs if such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such and if applicable, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Developer agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, if City fails to acquire such offsite property by negotiation or condemnation, the offsite improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the offsite improvements in accordance with Government Code Section 66462.5.

4.3.1 Silverado Trail Road. The Project requires additional land on the western boundary of the Project for the construction of an access road (Silverado Trail Road) to the Project.

Developer shall have the obligation to pay the cost of acquiring the additional right-of-way required for Silverado Trail Road, and City shall acquire an easement or fee title to this land from the current landowner as allowed by law. City shall process the Improvement Plans for Silverado Trail Road concurrently with the right-of-way acquisition process, in order to allow Developer to commence grading of the Project site regardless of whether the acquisition of Silverado Trail Road is complete. Upon City’s formal acceptance of the roadway, City will own and maintain the roadway as a public street. Silverado Trail Road is shown on the Small Lot Tentative Map.

4.4 Review and Approval of Improvement Plans and Final Maps. To complete the improvement plan and final map review, City agrees it shall return first check prints to Developer no later than thirty (30) days from the date of submittal to City. Upon receipt by City of the second submittal, City shall, provided Developer adequately responds to City’s comments on the first check prints, within fifteen (15) days of City’s receipt of such second submittal, review and verify that the plans submitted satisfactorily address all City comments. Within fifteen (15) days of City’s receipt of completed plans and maps deemed ready for approval, plans shall be signed by the City Engineer, and City staff shall place such maps on the next available City Council hearing agenda.

If City determines it will be unable to comply with this Section, and notifies Developer of such Attachment 2 Exhibit A
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determination, then plan check and map review tasks shall be subcontracted to an outside service provider at Developer’s request and expense provided the outside service provider is on City’s oncall list.

4.5 Building Permits.
(a) City shall review a construction drawing master plan for each model home (“Master Plan”) at the Property prior to construction of said model homes. City and Developer shall endeavor to resolve all City plan check comments within forty-five (45) days after any application for a Master Plan is deemed complete by City. Thereafter, City shall endeavor to issue building permits for homes subject to that Master Plan within seven (7) days of City’s acceptance of a complete building permit application provided all of the following have occurred: (1) City’s Design Review Board and Community Development Director have approved the Master Plan; (2) a final map has been recorded for the Project; and (3) Developer has paid plan check fees.

Recordation of a final map for the Property shall not be required prior to issuance of a building permit for a model home.
(b) If an amendment to the UBC results in the need to change the Master Plan, construction of residential units pursuant to the Master Plan shall be allowed to continue for a period of six (6) months from the date the State of California publishes notice of a change in the UBC which triggers a corresponding need for changes to the Master Plan provided the model home is consistent with City’s Design Standards.

4.6 Other Government Permits. Developer shall be responsible for applying for and obtaining approvals and permits required by other governmental agencies having jurisdiction over, or providing services to, the Project. To the extent possible, City shall cooperate with Developer in obtaining all such approvals and permits in as timely a manner as possible.

4.7 Approval of Other Development Agreements within Specific Plan Area.

Subsequent to approval of this Agreement, City expects to process and approve development agreements with other owners within the Specific Plan area. City hereby acknowledges that in entering into such other development agreements within the Specific Plan area, City intends to negotiate terms consistent in all material respects to those in this Agreement with other owners. If within twenty-four (24) months from the Effective Date of this Agreement, City approves a development agreement within the Specific Plan area containing any term(s) more favorable than the analogous term(s) included in this Agreement, City hereby acknowledges its desire and intent to amend this Agreement within ninety (90) days of Developer’s written request in order to provide Developer the full benefit of said more favorable term(s). Notwithstanding the foregoing, Developer acknowledges such an Amendment to this Agreement shall require Planning Commission and/or City Council approval at a noticed public hearing and/or a public meeting of those legislative bodies, as applicable.

ARTICLE 5

ANNUAL REVIEW

5.1 Annual Review.

Attachment 2 Exhibit A
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A. During the Term of this Agreement, City shall once every calendar year review the extent of good faith compliance by Developer with the terms of this Agreement. The cost for City’s annual review of this Agreement shall be paid by Developer. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement pursuant to California Government Code Section 65865.1. This review shall be conducted pursuant to Chapter 18.86 of the Lincoln Municipal Code. At least ten (10) days prior to any Planning Commission and City Council meetings held in connection with said annual review, City shall provide Developer with a copy of the City staff report concerning Developer’s compliance with the terms and provisions of this Agreement.

B. Upon not less than thirty (30) days’ written notice by the Community Development Director, Developer shall provide such information as may be reasonably requested by the Community Development Director to ascertain Developer’s compliance with this Agreement.

C. Failure by City in any given calendar year to undertake and complete its annual review of the Agreement shall constitute a finding by City that Developer is not in default in the performance of its obligations under the Agreement for that calendar year, for purposes of the Estoppel Certificate.

5.2 Estoppel Certificate. Any party to this Agreement and any Lender may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party: (i) the Agreement is in full force and effect and a binding obligation on the parties; (ii) the Agreement has not been amended or modified, either orally or in writing, and if so amended or modified, identify the amendments or modifications; and (iii) as of the date of the estoppel certificate, the requesting party (or any party specified by a Lender) is not in default in the performance of its obligations under the Agreement, or if in default to describe therein the nature of any such default and the steps or actions to be taken by the other party reasonably necessary to cure any such alleged default. The party requesting the certificate shall pay all reasonable costs borne by City to complete the certificate. A party receiving a request hereunder shall execute and return such certificate or give a written detailed response explaining why it will not do so within thirty (30) days following the receipt of such request. Each party acknowledges that such an estoppel certificate may be relied upon by third parties acting in good faith. An estoppel certificate provided by City establishing the status of this Agreement shall be in recordable form and may be recorded at the expense of the recording party.

ARTICLE 6

DEFAULT, TERMINATION AND ENFORCEMENT

6.1 Defaults. Except as provided below, any failure by any party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following the receipt of written notice of such failure from the other party, shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within thirty (30) days, the thirty (30)-day time period will be tolled if: (a) the cure is commenced at the earliest practicable date following receipt of the notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (in no event later than thirty (30) days after the party in default’s receipt of the notice), the party in default provides Attachment 2 Exhibit A
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written notice to the non-defaulting party that the cure cannot practicably be completed within such thirty (30)-day time period; and (d) the cure is completed at the earliest practicable date. Any notice given pursuant to the preceding two sentences shall specify the nature of any alleged failure and, where appropriate, specify the way said failure may be satisfactorily cured. Upon the occurrence of a default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of an uncured material default, may terminate this Agreement. If the default is cured, then no default shall exist, and the nondefaulting party shall take no further action.

6.2 Termination. If City elects to consider terminating this Agreement due to an uncured material default of Developer, then City shall give a written notice of intent to terminate this Agreement to Developer and the matter shall be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. At least ten (10) days prior to said hearing, City shall provide Developer with a copy of the City staff report concerning such proposed termination of this Agreement. Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearing. If the City Council determines that a material default has occurred and is continuing, and elects to terminate this Agreement, City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter.

6.3 Force Majeure. Performance by any party of its obligations under this Agreement (other than for payment of money) shall be excused during any period of “Permitted Delay” as defined in this Section. For purposes hereof, Permitted Delay shall include delay beyond the reasonable control of the party claiming the delay (and despite the good faith efforts of the party) including: (i) acts of God; (ii) civil commotion; (iii) riots; (iv) acts of terrorism; (v) strikes, picketing or other labor disputes; (vi) shortage of materials, energy or supplies; (vii) damage to work in progress by reason of fire, flood, earthquake or other casualties; (viii) as to Developer only, failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Project site; (ix) failure, delay or inability of the other party to act; (x) with respect to completion of the Annual Review, the failure, delay or inability of any party to provide adequate information or substantiation as reasonably required to complete the Annual Review; (xi) delay caused by governmental restrictions imposed or mandated by other governmental entities; (xii) enactment of conflicting state or federal laws or regulations; (xiii) judicial decisions or similar bases for excused performance; (xiv) litigation brought by a third party attacking the validity of this Agreement; (xv) City’s inability to issue or sell bonds necessary to finance any public facilities necessary for the Project’s development and use; and (xvi) building moratoria, water connection moratoria or sewer connection moratoria. Any party claiming a Permitted Delay shall notify the other party in writing of such delay within thirty (30) days after the commencement of the delay, which notice (“Permitted Delay Notice”) shall include the estimated length of the Permitted Delay.

A Permitted Delay shall be deemed to occur for the period set forth in the Permitted Delay Notice unless a party receiving the Permitted Delay Notice objects in writing within ten (10) days after receiving the Permitted Delay Notice. In the event of such objection, the parties shall meet and confer within thirty (30) days after the date of objection with the objective of attempting to arrive at a mutually acceptable solution to the disagreement regarding the Permitted Delay. If no mutually acceptable solution can be reached any party may take action as may be permitted under Section

6.1 of this Agreement.

Attachment 2 Exhibit A
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PARKWOOD DEVELOPMENT AGREEMENT PAGE 26

6.4 Legal Action. In addition to any other rights or remedies, any party may institute legal action to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer, and that therefore, Developer hereby waives any and all claims for damages against City for breach of this Agreement.

Developer further acknowledges that as an instrument which must be approved by ordinance, a development agreement is subject to referendum and that under law, the City Council’s discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard.

Nothing in this Section is intended to nor does it limit Developer’s or City’s rights to equitable remedies as permitted by law.

ARTICLE 7

DEFENSE AND INDEMNITY/HOLD HARMLESS

7.1 Defense and Indemnity. Developer shall indemnify, defend and hold City, its elected and appointed commissions, officers, agents, and employees harmless from and against any and all actual and alleged damages, claims, costs and liabilities, arising directly out of this Agreement, including, without limitation, contractual and statutory claims, and those arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, costs or liabilities arose out of or in connection with the Agreement or the operations of the Project under this Agreement by Developer or by Developer’s contractors, subcontractors, agents or employees; provided, however, Developer shall not be obligated to indemnify, defend, or hold City harmless for damages, claims, costs and liabilities arising out of City’s sole negligence or willful misconduct. Nothing in this Article 7 shall be construed to mean that Developer shall defend, indemnify or hold City harmless from any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency. City and Developer may from time to time enter into subdivision improvement agreements, as authorized by the California Subdivision Map Act, or other agreements related to the Project, which agreements may include defense and indemnity provisions different from those contained in this Article 7. In the event of any conflict between such provisions in any such subdivision improvement agreements or other Project agreements and the provisions set forth above, the provisions of such subdivision improvement agreement or other Project agreements shall prevail.

ARTICLE 8

COOPERATION IN THE EVENT OF LEGAL CHALLENGE

8.1 Cooperation. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of any of the Entitlements, Subsequent Entitlements or this Agreement, the parties shall cooperate in defending such action or proceeding to dismissal, settlement or final judgment. Each party may select its own legal counsel, and Developer shall pay City’s legal defense fees and costs, including attorneys’ fees, consistent with Developer’s obligations under Section 7.1. In no event shall City be required to bear the fees or costs of Developer, including Developer’s attorneys’ fees.

Attachment 2 Exhibit A
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PARKWOOD DEVELOPMENT AGREEMENT PAGE 27
If requested by Developer, City agrees to support any efforts made by Developer to intervene or join as a party in any such administrative, legal or equitable proceedings if Developer was not named as a party therein. Neither Developer nor City shall settle any action or proceeding on grounds that include non-monetary relief or admissions of liability without written consent of the other party. City agrees to not settle any action based upon monetary relief without the written consent of Developer, unless City is solely liable and agrees to pay such monetary relief. In the event of an award by the court or by an arbitrator of attorneys’ fees to a party challenging this Agreement or any of the Entitlements or Subsequent Entitlements, then Developer shall be liable for satisfying the payment of any such award of third party’s attorneys’ fees only if Developer continued to contest such litigation or legal challenge to a final judgment or other final determination, rather than settling it when City proposed to settle the matter.

8.2 Court Judgment or Order. City and Developer shall meet and endeavor, in good faith to attempt to reach agreement on any amendments needed to allow development of the Property to proceed in a reasonable manner taking into account the terms and conditions of the court’s judgment or order. If agreement is reached, the procedures for amending this Agreement as specified herein shall apply. If agreement is not reached, Developer shall have the right to terminate this Agreement by giving City sixty (60) days’ notice of termination. In the event that amendment of this Agreement is not required, and the court’s judgment or order requires City to engage in other or further proceedings, City agrees to comply with the terms or the judgment or order expeditiously.

ARTICLE 9

MISCELLANEOUS PROVISIONS

9.1 Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer to the performance of its obligations hereunder.

9.2 Cancellation or Modification. In addition to the rights provided the parties in Article 5 of this Agreement with respect to City’s Annual Review, and Sections 6.1 and 6.2 of this Agreement as to default and termination, any party may propose cancellation or modification of this Agreement pursuant to Government Code Section 65868, but such cancellation or modification shall require the consent of any parties hereto retaining any legal interest in the Property or any portion thereof.

9.3 Consent. Where consent or approval of a party is required or necessary under this Agreement, such consent or approval shall not be unreasonably withheld, conditioned or delayed.

9.4 Interpretation of Agreement. All parties have been represented by legal counsel in the preparation of this Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision to which they pertain.

9.5 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. City and Developer shall each comply with all applicable laws in the performance of their respective obligations under this Agreement.

Attachment 2 Exhibit A
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PARKWOOD DEVELOPMENT AGREEMENT PAGE 28

9.6 No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form of joint venture, partnership or other association between City and Developer, and agree that nothing in this Agreement or in any document executed in connection with it shall be construed as creating any such relationship between City and Developer.

9.7 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall have the effect of injuring the right of another party to receive the benefits of this Agreement or do anything which would render its performance under this Agreement impossible. Each party shall perform all acts contemplated by this Agreement to accomplish the objectives and purposes of this Agreement.

9.8 Partial Invalidity Due to Governmental Action. If state or federal laws or regulations enacted after the Effective Date of this Agreement, or formal action of any governmental jurisdiction other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations.

9.9 Further Actions and Instruments. The parties agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Agreement.

9.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

9.11 No Waiver. No delay or omission by a party in exercising any right or power accruing upon non-compliance or failure to perform by another party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver. A waiver by a party of any of the covenants or conditions to be performed by another party shall not be construed as a waiver of any succeeding breach or non-performance of the same or other covenants and conditions thereof.

9.12 Severability. If any provision of this Agreement shall be adjudicated to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision, and, with the exception of such provision found invalid, void or illegal, this Agreement shall remain in full force and effect.

9.13 Recording. Pursuant to California Government Code Section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the official records of the Placer County Recorder’s Office and thereafter provide Developer with a copy of the recorded Agreement.

9.14 Attorneys’ Fees. Should any legal action be brought by any party for breach of this Agreement or to enforce any provisions herein, the prevailing party shall be entitled to reasonable attorneys’ fees, court costs and other costs as may be fixed by the Court. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be Attachment 2 Exhibit A
270
PARKWOOD DEVELOPMENT AGREEMENT PAGE 29
entitled to all other reasonable costs for investigating such actions, taking depositions and discovery, and all other necessary costs incurred in the litigation.

9.15 Venue. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie.

9.16 Time is of the Essence. Time is of the essence of each and every provision of this Agreement.

9.17 Several Obligations of Owners. Notwithstanding anything to the contrary contained herein, no default in the performance of a covenant or obligation in this Agreement with respect to a particular portion of the Property shall constitute a default applicable to any other portion of the Property, and any remedy arising by reason of such default shall be applicable solely to the portion of the Property where the default has occurred. Similarly, the obligations of Developer and any successor in interest thereof shall be several and no default hereunder in performance of a covenant or obligation by any one of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to the defaulting owner and the portion of the Property owned by such defaulting owner.

ARTICLE 10

PROVISIONS RELATING TO LENDERS

10.1 Lender Rights and Obligations.

10.1.1 Prior to Lender Possession. No Lender shall have any obligation or duty under this Agreement prior to the time the Lender obtains possession of the Property to construct or complete the construction of improvements, or to guarantee such construction or completion, and shall not be obligated to pay any fees or charges which are liabilities of Developer or Developer’s successors-in-interest prior to Lender’s possession of the Property, but such Lender shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Property or such portion thereof in which it holds an interest. Nothing in this Section shall be construed to grant to a Lender right beyond those of Developer hereunder or to limit any remedy City has hereunder in the event of default by Developer, including termination or refusal to grant subsequent additional land use entitlements with respect to the Property.

10.1.2 Lender in Possession. A Lender who comes into possession of the Property, or any portion thereof, pursuant to foreclosure of a mortgage or deed of trust, or a deed in lieu of foreclosure, shall not be obligated to pay any fees or charges which are obligations of Developer and which remain unpaid as of the date such Lender takes possession of the Property or any portion thereof. Provided, however, that a Lender shall not be eligible to apply for or receive entitlements with respect to the Property, or otherwise be entitled to develop the Property or devote the Property to any uses or to construct any improvements thereon other than the development contemplated or authorized by this Agreement and subject to all of the terms and conditions hereof, including payment of all fees (delinquent, current and accruing in the future) and charges, and assumption of all obligations of Developer hereunder; provided, further, that no Lender, or successor thereof, shall be entitled to the rights and benefits of Developer hereunder or entitled to enforce the provisions of this Agreement against City unless and until such Lender or successor in interest Attachment 2 Exhibit A
271
PARKWOOD DEVELOPMENT AGREEMENT PAGE 30
qualifies as a recognized assignee of this Agreement and makes payment of all delinquent and current City fees and charges pertaining to the Property.

10.1.3 Notice of Developer’s Default Hereunder. If City receives notice from a Lender requesting a copy of any notice of default given Developer hereunder and specifying the address for notice thereof, then City shall deliver to such Lender, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a default, and if City makes a determination of non-compliance, City shall likewise serve notice of such non-compliance on such Lender concurrently with service thereof on Developer.

10.1.4 Lender’s Right to Cure. Each Lender shall have the right, but not the obligation, during the same period of time available to Developer to cure or remedy, on behalf of Developer, the default claimed or the areas of non-compliance set forth in City’s notice. Such action shall not entitle a Lender to develop the Property or otherwise partake of any benefits of this Agreement unless such Lender shall assume and perform all obligations of Developer hereunder.

10.1.5 Other Notices by City. A copy of all other notices given by City to Developer pursuant to the terms of this Agreement shall also be sent to Lender at the address provided pursuant to Section 10.1.3 above.

ARTICLE 11

ENTIRE AGREEMENT AND EXHIBITS

11.1 Integration Clause and List of Exhibits. This Agreement consists of all provisions contained herein and the Exhibits identified below, which constitute in full the final and exclusive understanding and agreement of the parties and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof. The following exhibits are attached to this Agreement and are hereby incorporated herein for all purposes:

Exhibit A Overall Project Map
Exhibit B Legal Description of Property
Exhibit C Land Use Map
Exhibit D Transfer Agreement Form
Exhibit E Exactions Applicable to Project
Exhibit F PFE Fee Credit Transfer Form
Exhibit G PFE Fee Credit/Reimbursement Agreement Form
Exhibit H Plan Area Fee Credit/Reimbursement Agreement Form Exhibit I Plan Area Fee Credit Transfer Form
[ Signatures on Next Page ]

Attachment 2 Exhibit A
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PARKWOOD DEVELOPMENT AGREEMENT PAGE 31
IN WITNESS WHEREOF, the City of Lincoln, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Ordinance No. _______________, adopted by the City Council of the City of Lincoln on the ____________day of ________________, 2026, and Developer has caused this Agreement to be executed.

CITY
City of Lincoln,
a municipal corporation
By: _________________________
Sean Scully, City Manager
Date:

DEVELOPER
JEN California 28 LLC,
a California limited liability company
By: ___________________________
Clifton Taylor, Vice President
Date:

ATTEST:

By: __________________________

City Clerk
Date:

APPROVED AS TO FORM:

By: __________________________
Douglas White, City Attorney
Date:

LANDOWNER
8861 Parkwood Holdings LLC,
a California limited liability company
By: ____________________________
Paul Sears, Manager
Date:

Attachment 2 Exhibit A
273

EXHIBIT A

OVERALL PROJECT MAP
Attachment 2 Exhibit A
274

EXHIBIT B

LEGAL DESCRIPTION OF PROPERTY
APN: 021-274-071-000
Attachment 2 Exhibit A
275

EXHIBIT C

LAND USE MAP

Attachment 2 Exhibit A
276

EXHIBIT D

TRANSFER AGREEMENT
Attachment 2 Exhibit A
277

RECORDING REQUESTED BY
AND
WHEN RECORDED, MAIL TO:
_______________________________
_______________________________
_______________________________
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

TRANSFER AGREEMENT
THIS TRANSFER AGREEMENT (herein, this “Transfer Agreement’) is entered into as of ________________, 20______, by and between ____________, a ____________(“Seller”) and ________________, a _______________________(“Buyer”).

RECITALS
A. SELLER and BUYER are parties to that certain Agreement with an effective date of ______________, 20________, whereby SELLER agreed to convey to BUYER, subject to the terms of said Agreement, that certain real property situated in the City of Lincoln (“City”), County of Placer, State of California, which is more particularly described in Exhibit A attached hereto and incorporated by reference (the “Subject Property”).

B. The Subject Property is subject to that certain Development Agreement dated _________________, 20 ________recorded in the official records of Placer County (the “Records”) on __________________, 20_____, as Instrument No_____________.

C. The Subject Property is part of the Village 1 master planned community (the “Community”) described in the Development Agreement.

D. SELLER and BUYER are executing and recording this Transfer Agreement pursuant to Section 1.9 of the Development Agreement.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:

1. This Transfer Agreement is effective upon transfer of title to the Subject Property to BUYER (the “Effective Date”).

2. Except as otherwise provided, all defined terms used in this Transfer Agreement shall correspond to the defined terms in the Development Agreement.

3. SELLER hereby assigns to BUYER all of SELLER’s rights, title, interest, burdens and obligations under the Development Agreement related to the Subject Property. BUYER, its Attachment 2 Exhibit A
278
successors and assigns hereby expressly assume all such rights and obligations as of the Effective Date.

4. BUYER hereby assumes all rights, title, interest, burdens and obligations of SELLER under the Development Agreement, and agrees to observe and fully perform all of the duties and obligations of SELLER under the Development Agreement. BUYER agrees that BUYER shall comply with all the provisions of the Development Agreement and with all City rules, regulations and policies regarding the Subject Property which are applicable to the Development Agreement.

5. SELLER hereby assigns to BUYER all of SELLER’s rights and obligations pertaining to PFE Credits and Plan Area Fee Credits as set forth in Exhibit B. BUYER, its successors and assigns hereby expressly assume all such rights and obligations pertaining to the PFE Credits and Plan Area Fee Credits as set forth in Exhibit B.

6. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns.

7. As provided in Section 1.9 of the Development Agreement, this Transfer Agreement shall not be effective unless and until approved in writing by the City Manager, which approval shall be assumed if Developer does not receive written response containing the City Manager’s approval or disapproval within ten (10) days of SELLER’s written request.

8. This Transfer Agreement may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all parties, even though all parties, even though all parties are not signatory to the same counterpart. The parties authorize each other to detach and combine, or cause to be detached and combined, original signature pages and consolidate them into a single identical original for recordation of this Agreement in the Official Records of Placer County, California.
[Signatures commence on following page]

Attachment 2 Exhibit A
279
IN WITNESS WHEREOF, the parties hereto have executed this Transfer Agreement as of the date and year first-above written.

SELLER:
_____________________________,
a ___________________________
By:

Name:

Title:

BUYER:
____________________________,
a _____________________
By:

Name:

Title:

Attachment 2 Exhibit A
280
4 CONSENT
The City of Lincoln hereby joins in this Transfer Agreement solely for the purposes of:
providing its prior written consent and approval of this Transfer Agreement to BUYER pursuant to Section 1.9.1 of the Development Agreement, as amended, (ii) affirming that SELLER is not in default of the Development Agreement and the Development Agreement is in full force and effect, and (iii) consenting to the transfer and application of PFE Credits as described in Section 3 above.

As City Manager for the City of Lincoln, I have consulted with the City Attorney prior to providing this consent.

CITY OF LINCOLN
By:

Name:

Title: City Manager
Attachment 2 Exhibit A
281

EXHIBIT A TO TRANSFER AGREEMENT

LEGAL DESCRIPTION OF SUBJECT PROPERTY
Attachment 2 Exhibit A
282

EXHIBIT E

EXACTIONS APPLICABLE TO THE PROJECT
City of Lincoln Building Permit and Miscellaneous Fees
Developer shall be subject to all standard City ministerial fees intended to pay for the costs of City time and expenses associated with processing the Project, and which are meant to reimburse City for actual time and costs to provide the services contemplated and which are in force and effect on a Citywide basis at the time Developer applies for such building permits or approvals. Such fees include, but are not limited to:

Building Permit Fee
Plan Check Fee
Energy Plan Check & Inspection Fee
Incremental Fee
California Building Standards Commission (CBSC) Fee
Strong Motion
Instrumentation Fee
Water Use Fee
Water Meter Fee
Park Tax
Building Occupancy Fee
Cemetery Fee
Refuse Container Community Benefits Fee
Public Facilities Element (PFE Fees)
As applicable to the Village 1 Specific Plan, including but not limited to, the following:

Transportation
Wastewater Collection
Wastewater Treatment
Water Transmission
Water Storage
Drainage
Fire
Police
Administration
Library
Solid Waste
Attachment 2 Exhibit A
283
Parks and Trails
Neighborhood Parks
Regional Parks
Trails
Park Recreational Facilities
Plan Area Fees
As applicable to the Village 1 Specific Plan, including but not limited to, the following:

Water
Drainage
Wastewater
Roadway and Bridges
Amenities
Trails
County and Regional Fees
(The Parties acknowledge that the below fees are not charged by City, and City has no authority or control of fees imposed by other agencies) Placer County Capital Facilities Impact Fee
South Placer Regional Transportation Authority Tier I (SPRTA) South Placer Regional Transportation Authority Tier II (SPRTA) Placer County Water Agency (PCWA) Zone 1 Water Connection Charge Western Placer Unified School District
Source: City of Lincoln; Western Placer Unified School District; South Placer Regional Transit Authority; Frayji Design Group; and EPS.

The Parties hereby acknowledge that the Exactions identified above are intended to constitute a comprehensive listing of the fees and fee programs applicable to the Project. Notwithstanding the foregoing, to the extent any listed PFE Fee or Plan Area Fee component is incomplete, inaccurate, or inconsistent with the requirements otherwise applicable to development of the Village 1 Specific Plan, the Parties shall cooperate in good faith to resolve the discrepancy and conform the applicable fee or Exaction to the requirements of this Agreement, the Infrastructure Financing Plan, and the City’s PFE Program and Plan Area Fee Program, as applicable. Nothing in this paragraph shall be construed to authorize the imposition of any additional fee or Exaction that is not otherwise authorized and applicable to the Project under those governing documents and programs.

Attachment 2 Exhibit A
284

EXHIBIT F
(FORM DOCUMENT) PFE FEE CREDIT TRANSFER AGREEMENT
Attachment 2 Exhibit A
285

(FORM DOCUMENT)

PFE FEE CREDIT TRANSFER AGREEMENT
THIS PFE FEE CREDIT TRANSFER AGREEMENT (herein, this “PFE Transfer Agreement’) is entered into as ____________of____________,20_______, by _________and _____between __________________, a ______________(“Transferor”) _____and__________, a______________(“Transferee”).

RECITALS
A. TRANSFEROR agrees to convey to TRANSFEREE certain PFE Fee Credits identified in Exhibit A, applicable to PFE projects included in the Lincoln Village 1 Infrastructure and Public Facilities Financing Plan (“PFE Credits”).

B. Exhibit A is attached hereto and incorporated by reference.

C. TRANSFEROR and TRANSFEREE are executing and recording this PFE Transfer Agreement pursuant to Sections 4.2.7 of their respective development agreements.

AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TRANSFEROR and TRANSFEREE agree as follows:

1. TRANSFEROR hereby assigns to TRANSFEREE all of TRANSFEROR’s rights pertaining to PFE Credits as set forth in Exhibit A.

2. TRANSFEREE, its successors and assigns hereby expressly assume all such rights pertaining the PFE Credits as set forth in Exhibit A.

3. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns.

4. This Transfer Agreement may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all parties, even though all parties, even though all parties are not signatory to the same counterpart. The parties authorize each other to detach and combine, or cause to be detached and combined, original signature pages and consolidate them into a single identical original for recordation of this Agreement in the Official Records of Placer County, California.

IN WITNESS WHEREOF, the parties hereto have executed this PFE Transfer Agreement as of the date and year first-above written.

TRANSFEROR:
_____________________________,
Attachment 2 Exhibit A
286

a ___________________________
By:

Name:

Title:

TRANSFEREE:
____________________________,
a _____________________
By:

Name:

Title:

Attachment 2 Exhibit A
287

EXHIBIT A TO PFE TRANSFER AGREEMENT

PFE FEE CREDITS TRANSFERRED

PFE FEE CATEGORY
Recorded
Final
Map
No. of
Acres
Water Wastewater Transportation Drainage
$ .00 $ .00 $ .00 $ .00

$ .00 $ .00 $ .00 $ .00

$ .00 $ .00 $ .00 $ .00

CITY VERIFICATION
The City of Lincoln hereby verifies that the PFE Credits listed above are currently owned by TRANSFEREE and available for transfer to TRANSFEROR.

By:

Name:

Title: _____________________________
Attachment 2 Exhibit A
288

EXHIBIT G
(FORM DOCUMENT)

PUBLIC FACILITIES ELEMENT (PFE) FEE CREDIT &

REIMUBURSEMENT AGREEMENT FORM
(VILLAGE 1 SPECIFIC PLAN)

Attachment 2 Exhibit A
289
(FORM DOCUMENT)

PUBLIC FACILITIES ELEMENT (PFE) FEE CREDIT &

REIMUBURSEMENT AGREEMENT FORM
(VILLAGE 1 SPECIFIC PLAN)
[LIST CONSTRUCTING OWNER HERE] [LIST FACILITY HERE]
This PFE FEE CREDIT AGREEMENT (the “Agreement”) is entered into by and between the City of Lincoln (hereinafter the “City”) and ___________________________ a ________________, and/or its successors in interest, (hereinafter the “Constructing Owner”) as of the day of__________________________ , 20 ____(the “Effective Date”).

RECITALS
WHEREAS, Constructing Owner is developing the ___________________________ development (the “Project”), including PFE improvements that will serve the Project and other areas of the City; and,
WHEREAS, on September 13, 2016, the City Council of City of Lincoln adopted Resolution 2016-181, which approved the Village 1 Infrastructure Finance Plan for the Specific Plan Area (the “IFP”). The IFP includes the required construction of the PFE facilities and established provisions associated with PFE Fee Credits within the Village 1 Specific Plan Area (the “Plan Area”); and
WHEREAS, Constructing Owner is required, as a condition of development of the Project per the IFP, or has otherwise agreed (with City’s approval), to construct or cause to be constructed the PFE facilities and improvements described in Exhibit A hereto, which are included within the improvement plans titled ________________________________, date ___________, 20 (hereinafter the “PFE Facilities”); and
WHEREAS, City and Constructing Owner have previously entered into a Development Agreement dated ______________________, 20 (and, as may be amended, herein referred to as the “DA”), which contains provisions governing the terms for PFE Fee Credits, and which are not intended to be amended in any way by this Agreement; and WHEREAS, administration of the City’s PFE Fee Program will be the responsibility of the City’s Director of Support Services, or their designee (the “Administrator”); and WHEREAS, City has agreed to allow Constructing Owner to execute a contract to design and construct the PFE Facilities; and
WHEREAS, Constructing Owner has entered into a contract with (name of Contractor) for construction of the PFE Facilities (the “Construction Contract”); and WHEREAS, City and Constructing Owner desire to enter into an agreement to provide for allowable reimbursements from the Village 1 Non-Critical Component of the PFE Fees (the “Village 1 PFE Pool”), as defined and described in IFP and the City’s Public Facilities Element Implementation Plan and Policies (the “PFE Policy”), by the City to Constructing Owner for certain Attachment 2 Exhibit A
290
costs of design and construction of the PFE Facilities, which PFE Fee Credits may, at Constructing Owner’s discretion, be applied as credits against the Non-Critical Component of the specific PFE Fees (the “PFE Fee Credits”) by the Constructing Owner or their transferee; and WHEREAS, this Agreement will not apportion any PFE Fee Credits that Constructing Owner may elect to apply as PFE Fee Credits to any particular real property. Such apportionment shall be accomplished at Constructing Owner’s discretion to any portion or portions of the Constructing Owner’s Property as described herein;
NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Constructing Owner agree as follows:

SECTION 1. DEFINITIONS
All terms not otherwise described herein shall have the meaning described thereto in the PFE Policy, IFP and DA.

SECTION 2. PURPOSE OF THE AGREEMENT
This Agreement is not intended to modify or amend in any way the rights and obligations defined in the PFE Policy, the IFP or the DA related to the construction of PFE projects and earned PFE Fee Credits. The purpose of the Agreement is to specify the PFE Facilities, the related earned PFE Fee Credits and the options available to the Constructing Owner in regard to application of earned PFE Fee Credits.

SECTION 3. CONSTRUCTION OF PFE FACILITIES
Constructing Owner shall complete construction of the PFE Facilities in accordance with the plans and specifications approved by the City Engineer, and in accordance with City improvement standards and this Agreement. Constructing Owner understands and acknowledges that the terms and conditions contained in any contract that Constructing Owner has or may execute with any contractors or material suppliers regarding the construction of the PFE Facilities shall have no force or effect upon this Agreement. Constructing Owner is solely responsible for all contract payment obligations and may not rely upon reimbursement under the Village 1 PFE Pool for purpose of payment to contractors.

SECTION 4. BONDS
A. Constructing Owner has posted the following securities for the PFE Facilities in favor of the City in the amounts and forms acceptable to the City Attorney:

1. To secure faithful performance in the construction of the PFE Facilities, security in an amount equal to one hundred (100%) percent of the estimated cost of the work in the Preliminary Engineer’s Estimate (see Exhibit A), including but not limited to cost of the PFE Facilities, engineering, inspection, fees and incidental expenses, as determined by the City Engineer.

2. To secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment to them, security in an amount equal to one hundred Attachment 2 Exhibit A
291
(100%) percent of the estimated cost of the work in the Preliminary Engineer’s Estimate (see Exhibit A), including but not limited to cost of the PFE Facilities, engineering, inspection, fee and incidental expenses, as determined by the City Engineer.

3. If applicable, to secure payment of the cost of setting of monuments, security in an amount equal to one hundred (100%) percent of the estimated costs of setting such monuments as determined by the City Engineer.

B. To secure the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance of the PFE Facilities, security in an amount equal to fifteen (15%) percent of the actual cost of the work performed, including but not limited to cost of the PFE Facilities, engineering, inspection, fees and incidental expenses, as determined by the City Engineer shall be filed with the City prior to the final acceptance of the PFE Facilities by the City.

C. If security is furnished in the form of a bond or bonds, such bonds shall be executed by a corporate surety company authorized to transact surety business in the State of California.

D. If Constructing Owner shall fail or neglect to comply with the provisions of this Agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Constructing Owner and/or his/her surety the full cost and expense incurred.

SECTION 5. EARNED PFE FEE CREDITS
City and Constructing Owner agree that the amount of PFE Fee Credits earned to the Constructing Owner hereunder shall be as set forth on Exhibit B hereto and made a part hereof, which shall indicate if the PFE Facilities are subject to a final “true up” as described in section 9 of this Agreement. A “true up” would include the reconciliation of actual costs, for both “hard costs” and “soft costs”, through the documents as required in Section 8. “Hard Costs” could include the costs of (i) construction of the PFE Facilities, based on the price included in the Construction Contract and actually paid to the contractor for the construction of the PFE Facilities, (ii) traffic control, staging and storm water pollution prevention implementation measures (i.e., structural BMPs) related to such construction, and (iii) habitat mitigation required as a mitigation measure in connection with the construction of such PFE Facilities. Hard Costs shall include the costs of any changes in scope or standards required by the City during the course of construction thereof that are added to the Construction Contract. “Eligible Hard Costs” means all of the Hard Costs incurred by the Constructing Owner to construct the PFE Facilities, except to the extent the Administrator, in consultation with the City Engineer excludes costs found to be commercially unreasonable. Evidence that costs are based on a properly bid construction contract shall be prima facie evidence that costs are commercially reasonable. In no event shall the PFE Fee Credits exceed the amounts actually paid for Eligible Hard Costs.

Construction Owner shall provide documentation as required by the Administrator, which may include but is not limited to proof of payment and lien releases from all contractors, subcontractors, and suppliers for all costs for which it seeks reimbursement or credit under this Agreement. “Soft Costs” could include the costs of planning, design and financing of the PFE Facilities construction project, storm water pollution prevention monitoring & management (i.e., nonAttachment 2 Exhibit A 292
structural BMPs), engineering, inspection, geotechnical oversight and monitoring, testing, surveying, outside agency review fees, and bonding related to the construction of the PFE Facilities. “Eligible Soft Costs” means all of the Soft Costs incurred by the Constructing Owner to construct the PFE Facilities, except to the extent the Administrator, in consultation with the City Engineer excludes costs found to be commercially unreasonable. Evidence that costs are based on a properly bid contracts shall be prima facie evidence that costs are commercially reasonable. In no event shall the PFE Fee Credits exceed the amounts actually paid for Eligible Soft Costs.

Construction Owner shall provide documentation as required by the Administrator, which may include but is not limited to proof of payment and lien releases from all contractors, subcontractors, and suppliers for all costs for which it seeks reimbursement or credit under this Agreement.

PFE Fee Credits related to the construction of PFE Facilities subject to a final “true up” shall be equal to the Eligible Hard Costs and Eligible Soft Costs (collectively, the “Total Eligible Costs”) and shall be set forth on Exhibit B upon execution of this Agreement.

In the event of any disagreement between the Constructing Owner and the Administrator and City Engineer on the initial calculation of the Total Eligible Costs, if all other conditions to the entry of this Agreement have been satisfied, the Constructing Owner may elect to enter this Agreement without having the amount of the Total Eligible Costs resolved and listed on Exhibit B.

In such case, Constructing Owner’s right hereunder to apply any portion of the PFE Fee Credits (or the disputed amount thereof) will be deferred until such disagreement is resolved by the Constructing Owner and the City. If the Constructing Owner, the Administrator and the City Engineer are unable to resolve any disputed amounts after the parties have engaged in good faith meetings and exchange of documents in support of their positions, the appeal provisions in Section 30 of this Agreement shall apply. The parties shall use their best efforts to resolve any such dispute within sixty (60) days of the cost document submission by the Constructing Owner.

Pending the resolution of any such dispute, the Constructing Owner shall pay any and all required PFE Fees and City shall retain any PFE Fees paid by the Construction Owner after the Effective Date of this Agreement for potential refund upon resolution of such PFE Fee Credit dispute. The amount of PFE Fee Credits retained pending resolution of any PFE Fee Credit dispute shall not exceed the disputed amount. Upon resolution of any PFE Fee Credit dispute, and within twenty (20) business days of resolution of the PFE Fee Credit dispute, the Administrator shall amend Exhibit B to provide the final amount of the PFE Fee Credits allowed hereunder.

Constructing Owner shall then have thirty (30) calendar days after receipt of the completed Exhibit B to retroactively apply any portion of such PFE Fee Credit to the Constructing Owner’s intervening development of the Project and obtain an equivalent refund of PFE Fees collected and retained from the Constructing Owner after the Effective Date of this Agreement pending the resolution of the PFE Fee Credit dispute. If Constructing Owner does not elect within such time to have any of the PFE Fee Credits applied to the Constructing Owner’s intervening development of the Project, then any PFE Fee Credits previously collected and retained from the Constructing Owner during such period shall remain eligible for future application or reimbursement.

SECTION 6. PFE FEE CREDITS - APPLICATION, REIMBURSEMENT OR

TRANSFER
PFE Fee Credits earned by the Constructing Owner: (1) may be applied towards PFE fees Attachment 2 Exhibit A
293
related to the Constructing Owner’s Property in accordance with the PFE Policy, (2) may be requested for reimbursement from the Village 1 PFE Pool, or (3) may be transferred to another landowner within the Plan Area.

SECTION 7. PRIORITY FOR REIMBURSEMENT PAYMENT FOR PFE FEE

CREDITS
The priority of reimbursement payments for PFE Fee Credits shall be on a Calendar-Year Priority basis, as described in the IFP. As provided in the IFP, a constructing entity (herein defined as a Constructing Owner) achieves a given Calendar-Year Priority when it has a fully executed PFE Fee Credit Agreement and has expended at least 30 percent of the Eligible Hard Costs for the PFE Facilities included in such agreement. Based on the estimated schedule for construction of the PFE Facilities, the parties anticipate that Constructing Owner will complete 30% of the Eligible Hard Costs of the PFE Facilities, which 30% completion will establish the Calendar-Year Priority for a potential reimbursement hereunder, by Calendar-Year 20 . Constructing Owner shall notify the City upon expenditure of 30% of the Eligible Hard Costs of the PFE Facilities and, subject to confirmation thereof by the Administrator and the City Engineer, the City shall provide written notice to Constructing Owner of the Calendar-Year Priority. City shall provide Constructing Owner with the written notice required herein within 30 calendar days of the receipt of the written notification by the Constructing Owner of the expenditure of 30% of the Eligible Hard Costs.

Requested reimbursements for PFE Fee Credits shall be paid out first on the PFE Fee Credit Agreement(s) with the earliest Calendar-Year Priorities, until paid in full (i.e., a PFE Fee Credit Agreement with an earlier Calendar-Year Priority shall receive all available funds in the Village 1 PFE Pool until paid in full prior to any reimbursements being paid pursuant to a PFE Fee Credit Agreement with a later Calendar-Year Priority. If two or more PFE Fee Credit Agreements have the same Calendar-Year Priority (“Equal-Priority Agreements”), after payment in full on any reimbursement for an earlier Calendar-Year Priority, the reimbursements on such Equal-Priority Agreements shall be paid out pro rata, based on the relative amount of then requested reimbursements due thereunder at the time of such payment. For example, if at the time of payment of any reimbursement hereunder, another constructing owner was requested reimbursements pursuant to PFE Fee Credit Agreement with the same Calendar-Year Priority as this Agreement, then such payment would be divided between the Constructing Owner and the other constructing owner in proportion to the relative amounts of reimbursements then requested under the respective Agreements.

In accordance with the applicable Calendar-Year Priorities, the reimbursement hereunder shall be paid to Constructing Owner when the PFE Facilities are completed as determined by the City Engineer (“Completion”) and accepted by the City in writing, or such earlier date after Completion that the City Engineer deems appropriate. The reimbursement shall be paid by the City as fee revenues from the Village 1 PFE Pool are collected within the Plan Area. After Completion of the PFE Facilities, such payments shall be made by the City at least quarterly throughout the year as funds become available.

The obligation arising from this Agreement is not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only and solely from the Village 1 PFE Pool.

Attachment 2 Exhibit A
294
SECTION 8. TRANSFER OF PFE FEE CREDITS
PFE Fee Credits are personal to Constructing Owner and do not run with the Project that is generating such credits. Provided the Constructing Owner has no outstanding monetary obligation to the City within the Project Area, Constructing Owner may, at its sole option and discretion, assign the rights to PFE Fee Credits, including the right to request reimbursements against the Village 1 PFE Pool, to any other landowner within the Plan Area, subject to the conditions and limitations herein regarding the application of such PFE Fee Credits.

If Constructing Owner has an outstanding monetary obligation to the City as noted above, then the City may require the monetary obligation to be met before transfer of the PFE Fee Credit owned by Constructing Owner. Any assignment of the rights to PFE Fee Credits shall be made in writing and delivered to the Administrator in the form attached hereto as Exhibit C. Assigned PFE Fee Credits carry the same priority the assignor had in the credits.

SECTION 9. “TRUE UP” OF PFE FEE CREDITS
Upon completion of the PFE Facilities by the Constructing Owner and acceptance thereof by the City, the final determination of actual Eligible Hard Costs upon which the PFE Fee Credits amount is based shall be determined by the Administrator, in consultation with the City Engineer, based on documentation thereof provided by Constructing Owner to the Administrator’s and City Engineer’s reasonable satisfaction. For construction change orders to be given consideration for reimbursement, the Constructing Owner must:
 Present the change order request and estimated cost along with supporting information to the Administrator and City Engineer; and
 Fully document any work performed under a change order to verify all associated costs.

Failure to comply with any of these procedures may result in the ineligibility of the requested change order for such PFE Fee Credits.

To secure final PFE Fee Credits, Constructing Owner shall provide the following items to the Administrator and City Engineer in order for each to determine the actual Eligible Hard Costs and Eligible Soft Costs incurred by Constructing Owner for the PFE Facilities that qualify for PFE Fee Credits:
(1) Copies of the original Construction Contract and any change orders that have been agreed to by the Constructing Owner, contractor, and the City. The portion of each change order associated with the PFE Facilities must be itemized separately; (2) Copies of all invoices, with unconditional lien releases, submitted by the contractor and suppliers;
(3) Copies of all checks issued by the Constructing Owner with related invoices indicated;
Attachment 2 Exhibit A
295
(4) A summary tabulation of all contractor and supplier invoices and Constructing Owner payments; and
(5) Prevailing Wage Certification, or documentation acceptable to the City Attorney of an exception to the applicability of prevailing wage.

If, when the final reconciliation of Total Eligible Costs for the PFE Facilities is conducted by the Administrator, the actual Total Eligible Costs for the PFE Facilities exceeds the amount of PFE Fee Credits initially provided hereunder, the Administrator shall review items (1) through above and determine if the actual Total Eligible Costs will serve as the basis for determination of the amount of the PFE Fee Credits earned by the Constructing Owner should be increased above the amount described in Exhibit B of this Agreement. The Administrator, in consultation with the City Engineer, shall determine how much of the actual construction costs should be included in any increase to the Total Eligible Costs and Exhibit B shall be adjusted accordingly.

If the final reconciliation determines that Total Eligible Costs are less than the amount of PFE Fee Credits initially provided hereunder, the Administrator shall notify the Constructing Owner of such reduction of the PFE Fee Credits and Exhibit B shall be revised accordingly. If the amount of PFE Fee Credits applied towards the PFE Fees exceeds the final amount of Total Eligible Costs that supported such PFE Fee Credits, then the Constructing Owner shall repay the amount of the PFE Fee Credits that were applied in excess of the confirmed Total Eligible Costs within sixty (60) calendar days of receipt of notice from the Administrator of the amount to be repaid.

In no event shall PFE Fee Credits exceed the amounts actually paid by Constructing Owner for Total Eligible Costs. Any determination by the Administrator and City Engineer under this Section shall be subject to the appeal rights set forth in Section 30 of this Agreement.

SECTION 10. FAILURE TO COMPLETE CONSTRUCTION.

Failure to complete work within the scope of this Agreement may affect the Calendar-Year Priority Status for the reimbursement hereunder, may result in termination of the PFE Fee Credits and termination of the right to apply PFE Fee Credits, and may require repayment of any PFE Fee Credits applied, as deemed appropriate by the Administrator. In connection therewith, the Administrator may determine that the Constructing Owner shall not be entitled to further PFE Fee Credits until completion of the PFE Facilities as determined by the City Engineer. A change in the Calendar-Year Priority for any reimbursement will be evaluated from the previously determined Calendar-Year Priority to the date of completion, which may affect priority for the reimbursement.

Any determination by the Administrator and City Engineer to invoke the provisions of this Section shall be subject to the appeal rights set forth in Section 30 of this Agreement.

SECTION 11. INSPECTION
City and its authorized representatives shall, at all times have access to the construction site during construction of the PFE Facilities and Constructing Owner shall furnish City with all reasonable information necessary for ascertaining full knowledge of the PFE Facilities with respect to the progress, workmanship, and character of materials and equipment used and employed in the work.

Attachment 2 Exhibit A
296
Whenever the contractors retained by Constructing Owner vary the normal period during which work or any portion of it is carried out on each day, Constructing Owner shall give timely notice to the City Engineer so that if he or she wishes, be present to observe the work in progress. If Constructing Owner fails to give such timely notice, any work done in the absence of the City representative will be subject to rejection. Constructing Owner shall give timely notice to the City Engineer in advance of backfilling or otherwise covering any part of the work so that the City’s representative may, if he or she wishes, observe the work before it is concealed.

Notwithstanding any provision to the contrary, all PFE Facilities shall be subject to City inspection for compliance with City requirements prior to issuance of a Letter of Acceptance by the City Engineer. Observation of the work or inspection by the City shall not relieve Constructing Owner or its sureties of full responsibility for defective materials or workmanship or any of its obligations to complete construction in accordance with the plans and specifications approved by the City Engineer.

SECTION 12. COMPLIANCE WITH PREVAILING WAGE LAWS
Unless otherwise authorized by City Charter, City ordinance, or applicable State statutory or common law, pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II of the Labor Code of the State of California (Labor Code Sections 1720 et seq. (“Prevailing Wage Laws”)), all work shall be performed in compliance which the Prevailing Wage Laws and not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work contemplated under this Agreement shall be paid to all workers, laborers, and mechanics employed in the execution of said work by the Constructing Owner or the Constructing Owner’s contractor, or by any subcontractor doing or contracting to do any part of said work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed by the Constructing Owner with, and made available for inspection at the office of the City Clerk.

Constructing Owner shall require all contractors to register with the Department of Industrial Relations in accordance with Labor Code section 1725.5. Constructing Owner shall require its contractor to post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. No PFE Fee Credits shall be permissible without full compliance with the Prevailing Wage Laws.

SECTION 13. INSURANCE
Constructing Owner shall require its contractor to carry and maintain for three (3) years after City Acceptance of the PFE Facilities, such public liability, property damage and contractual liability, auto, Workers’ Compensation, Builders’ Risk Insurance and other insurance coverage as required by the City in accordance with the improvement plan specifications for the PFE Facilities.

The contractor shall name the City as an additional insured. For any claims related to the PFE Facilities, the contractor’s general liability and automobile insurance coverage shall be primary insurance in their coverage of the City and its officers, officials, employees, agents, or volunteers, and any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

Attachment 2 Exhibit A
297
SECTION 14. ACCEPTANCE AND CONVEYANCE OF FACILITIES
Once Constructing Owner has completed construction of the PFE Facilities and the PFE Facilities are deemed satisfactory by the City Engineer following City inspection, the City Engineer may recommend that City Council accept the PFE Facilities, including all associated easements and offers of dedication, provided that all liens, claims and encumbrances in connection with the PFE Facilities have been released and the required warranty bond has been provided to the City. No acceptance shall be valid without the Constructing Owner conveying and vesting full, complete and clear title in said PFE Facilities to the City at the time of acceptance.

SECTION 15. LIENS, CLAIMS, AND ENCUMBRANCES
Prior to the City’s acceptance of any PFE Facilities, Constructing Owner shall clear any and all liens, claims and encumbrances from said Facility as a condition of acceptance by the City.

SECTION 16. DELIVERY OF AS-BUILT PLANS AND SPECIFICATIONS Prior to acceptance of PFE facilities by City, Constructing Owner shall deliver to City copies of all as-built plans (if any), specifications, operating manuals, service manuals, warranties and other documents relating to the design, construction, and operation of the PFE Facilities described in this Agreement. Upon acceptance of the PFE Facilities, City shall file Notice of Completion with Placer County.

SECTION 17. INDEMNIFICATION
The Constructing Owner, by execution of this Agreement, specifically agrees to protect and assume the defense of, indemnify and hold harmless City and its elected representatives, officers, employees, agents and consultants (the “Indemnitees”), from and against all liabilities, actions, lawsuits, damages, claims, losses, or expenses of every type and description, including attorneys’ and consultants’ fees and expenses, (collectively, “Liabilities”), to which they may be subjected or put, by reason of or resulting from the design, construction, or installation of the PFE Facilities, except to the extent the Liabilities arise from the sole negligence, or willful misconduct of City and/or the Indemnitees. This indemnification shall extend to Liabilities occurring after this Agreement is terminated as well as while it is in force. Notwithstanding the foregoing, following the acceptance of the improvements by City, or if there is an applicable warranty, following the end of any applicable warranty period, the Constructing Owner shall not be obligated to indemnify the Indemnitees for Liabilities to the extent that such Liabilities arise from Indemnitees’ active or passive negligence following acceptance of the PFE Facilities.

SECTION 18. THIRD PARTY LIABILITY
City does not assume any liability, duty or obligation to Constructing Owner’s contractors, subcontractors, agents or any person or entity not a party to this Agreement by execution or performance of this Agreement, and no contractors, subcontractors, agents or any parties are third party beneficiaries of this Agreement.

SECTION 19. WARRANTY
Constructing Owner hereby warrants the PFE Facilities as to materials, design and Attachment 2 Exhibit A
298
workmanship and should any defect or failure of the PFE Facilities, or any parts thereof, occur within a period of one (1) year after final acceptance by City, Constructing Owner shall promptly cause the needed repairs to be made without any expense or cost to the City. Final acceptance shall be deemed to have occurred under this Agreement when the PFE Facilities have been accepted by the City pursuant to a written acceptance from the City Engineer, and is placed into actual service.

City shall provide written notification to Constructing Owner of final acceptance by the City.

City is hereby authorized to make repairs if Constructing Owner fails to make, or undertake with due diligence, the aforesaid repairs within twenty (20) calendar days after it is given written notice of such defect or failure. In case of emergency, where in the opinion of the City Engineer delay may cause serious hazard to the public, the necessary repairs may be made by the City without prior notice to Constructing Owner. All costs of the repair, if not paid by the Constructing Owner within twenty (20) calendar days of notice from the Administrator to the Constructing Owner, shall be paid out Warranty Bond. In no event shall the City be responsible for the cost of the repair within the warranty period. In all cases of defect or failure within the warranty period where the City has taken action in accordance with this paragraph, Constructing Owner shall promptly reimburse City and, if applicable, the Warranty Bond shall fund the repair for any and all costs or expenses, direct or indirect, incurred by the City. The foregoing is in addition to, and shall not in any way limit or affect, the rights of the City to enforce the warranty obligations of Constructing Owner hereunder and to recover any and all costs thereof from the warranty bond posted thereby.

SECTION 20. BINDING ON SUCCESSORS AND ASSIGNS
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.

SECTION 21. AUTHORITY TO ENTER INTO AGREEMENT
Constructing Owner and City certify that they have the authority and are legally empowered to enter into this Agreement on behalf of their entity and to bind their party to the performance of its obligations hereunder.

SECTION 22. NOTICES
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:
(a) If to City:

City of Lincoln
Attachment 2 Exhibit A
299
Attn: Director of Support Services / Administrator
600 Sixth Street
Lincoln, CA 95648
Telephone: (916) 434-2400
Facsimile: (916) _______________
With a copy to:

City of Lincoln Attn: City Engineer
600 Sixth Street
Lincoln, CA 95648
Telephone: (916) 434-2400
Facsimile: (916) __________
(b) If to Constructing Owner:
[fill in notice information for Constructing Owner]
Either party may change its mailing address at any time by giving written notice of such changes to the other party in the manner provided herein.

SECTION 23. NOTICE OF CONTRACTORS
Constructing Owner shall provide a copy of this Agreement to any contractors, subcontractors, or other parties performing work on the PFE Facilities, prior to commencement of construction by said party.

SECTION 24. TERM
The term of this Agreement shall start on the day and year duly executed by all parties and shall remain in effect until all the terms and conditions contained in this Agreement have been satisfied.

SECTION 25. SEVERABILITY
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.

SECTION 26. CONFLICTS
This agreement is intended to implement and be consistent with the requirements of the PFE Policy. Therefore, in the event of any conflicts between the PFE Policy and this Agreement, the requirements of the PFE Policy shall prevail and control.

SECTION 27. EXHIBITS
The Exhibits attached hereto are hereby incorporated herein by this reference.

SECTION 28. ENTIRE AGREEMENT
Attachment 2 Exhibit A
300
This Agreement constitutes the entire understanding of the parties regarding the subject matter hereof. The Agreement may be amended only by writing executed by both parties.

SECTION 29. RIGHT OF APPEAL
Constructing Owner may appeal any final determination by the Administrator and/or City Engineer to the City Manager and thereafter to the City Council. Prior to submitting the matter to the City Council, the City Manager may, in his/her discretion, elect to engage the services of a mediator to attempt to mediate the dispute in a non-binding fashion, not to exceed a total of thirty calendar days. Any decision of the City Council shall be final with no right of further appeal or action thereafter.

SECTION 30. EFFECTIVE DATE
The City’s execution of this Agreement shall be contingent upon confirmation by the Administrator, in consultation with the City Engineer, that (i) a Construction Contract has been properly bid and entered into for construction of the PFE Facilities, (ii) performance and payment bonds have been posted in form and amount required by the City, and (iii) a Notice to Proceed has been given to the contractor for the PFE Facilities. The date of such execution by the City, based in part on the City’s confirmation of the satisfaction of the foregoing conditions, shall be deemed to be the “Effective Date” of this Agreement. Upon execution of this Agreement by the City, the City shall insert the Effective Date in the Preamble to this Agreement and provide a copy of this fully executed and dated Agreement to Constructing Owner. [SIGNATURE PAGE FOLLOWS]
Attachment 2 Exhibit A
301
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above-written.

CONSTRUCTING OWNER:
_____________________________,
a ___________________________
By:

Name:

Title:

Date:

CITY:
____________________________,
a _____________________
By:

Name:

Title:

Date:

ATTEST:
____________________________,
City Clerk
By:

Date:

APPROVED AS TO FORM:
____________________________,
City Attorney
By:

Date:

Attachment 2 Exhibit A
302

EXHIBIT A

PFE FACILITIES AND IMPROVEMENTS
(Including Preliminary Engineer’s Estimate of Facility Costs) (to be attached)
Attachment 2 Exhibit A
303

EXHIBIT B
IDENTIFICATION OF PFE FEE CREDITS VILLAGE 1 PLAN AREA
[Insert Name of Constructing Owner Here]
[List Facility Here]
Date of Agreement: , 20
PFE Fee Credits: $
Value in PFE Reconciled
Project List “True Up” Costs
PFE Fee Credits Based Upon:

Attachment 2 Exhibit A
304

EXHIBIT C

FORM OF CERTIFICATE OF

ASSIGNMENT AND TRANSFER OF

PFE FEE CREDITS
The undersigned Constructing Owner, as the holder of certain PFE Fee Credits related to the PFE Fee Credits Agreement between Constructing Owner and the City of Lincoln, dated (the “Agreement”), and with a Calendar-Year Priority of 20 , hereby assigns, transfers and conveys to the undersigned Assignee the PFE Fee Credits as indicated below:

Constructing Owner’s Legal Name:
________________________________________________
Assignee’s Legal Name:
________________________________________________
[Detailed list of PFE Fee Credits descriptions and amounts] $
$
$
$
CONSTRUCTING OWNER: ASSIGNEE/HOME BUILDER:

By: ________________________________ By: ____________________________ Name: _ Name: ___
Title: _______________________ Title: ____________________ Date: ___ Date: __________________________
Attachment 2 Exhibit A
305

CONSTRUCTING OWNER
CONTACT:
[ ADD CONTACT INFORMATION ]
ASSIGNEE/HOME BUILDER CONTACT:
[ ADD CONTACT INFORMATION ]
Attachment 2 Exhibit A
306

EXHIBIT H
(FORM DOCUMENT)

INFRASTRUCTURE FINANCE PLAN AREA FEE

CREDIT & REIMBURSEMENT AGREEMENT
(VILLAGE 1 SPECIFIC PLAN)

Attachment 2 Exhibit A
307
(FORM DOCUMENT)

INFRASTRUCTURE FINANCE PLAN AREA FEE

REIMBURSEMENT AGREEMENT
(VILLAGE 1 SPECIFIC PLAN)
[LIST CONSTRUCTING OWNER HERE] [LIST FACILITY HERE]
This Fee Reimbursement Agreement (the “Agreement”) is entered into by and between the Cityof Lincoln (hereinafter the “City”) and_____________________, ________________, and/or its successors in interest, (hereinafter the “Constructing Owner”) as of the day of _____20 ____ (the “Effective Date”).

RECITALS
WHEREAS, Constructing Owner is developing the ____________________development (the “Project”), including backbone infrastructure and/or required public facilities and improvements that will serve the Project; and
WHEREAS, Constructing Owner is required, as a condition of development of the Project per the Lincoln Village 1 Infrastructure and Public Financing Plan, or has otherwise agreed (with City’s approval), to construct or cause to be constructed the facilities and improvements described in Exhibit A hereto, which are included within the improvement plans titled , dated _________ 20___________ (hereinafter the “Facilities”); and WHEREAS, on September 13, 2016, the City Council of the City of Lincoln adopted Resolution 2016-181, which approved the Village 1 Infrastructure Finance Plan for the Specific Plan Area (the “IFP”). The IFP includes the implementation of the Village 1 Plan Area Fee Program (the “Plan Area Fee Program”), establishing the Plan Area Fees (the “Fees”) to pay for a variety of public facilities (the “Facilities”) and established provisions associated with fee credits and reimbursements within the Village 1 Specific Plan Area (the “Plan Area”). In connection with the adoption of the IFP, the City Council approved a nexus study (the “Study”) establishing the relationship between the Fees and Facilities for the Plan Area; and WHEREAS, City and Constructing Owner have previously entered into a Development Agreement dated , 20__ (and, as may be amended, herein referred to as the “DA”), which contains provisions governing the terms for reimbursements and credits, and which are not intended to be amended in any way by this Agreement; and WHEREAS, administration of the Plan Area Fee Program will be the responsibility of the City’s Director of Support Services, or their designee (the “Administrator”); and WHEREAS, City has agreed to allow Constructing Owner to execute a contract to design and construct the Facilities; and
WHEREAS, Constructing Owner has entered into a contract with (name of Contractor) for construction of the Facilities (the “Construction Contract”); and WHEREAS, City and Constructing Owner desire to enter into an agreement to provide for Attachment 2 Exhibit A
308
allowable reimbursements from the Infrastructure Fee Component of the Fees (the “Fee Reimbursements”), as defined and described in IFP, by the City to Constructing Owner for certain costs of design and construction of the Facilities, which Fee Reimbursements may, at Constructing Owner’s discretion, be applied as credits against the Infrastructure Fee Component of the Fees (the “Fee Credits”) within the Constructing Owner’s Property as that term is defined in the DA described herein and in Section 2 hereof; and WHEREAS, this Agreement will not apportion any Fee Reimbursements that Constructing Owner may elect to apply as Fee Credits to any particular real property. Such apportionment shall be accomplished at Constructing Owner’s discretion to any portion or portions of the Constructing Owner’s Property as described herein;
WHEREAS, Section 4.3 of the DA provides that any Fee Reimbursement Agreement shall provide that certain provisions of the IFP and the DA (as set forth more particularly below) shall be protected from the effects of any proposed amendments of provisions related to reimbursement and credits, and Section 2.2.1 of the DA vests provisions related to the establishment of fee reimbursement and credit provisions for advance-funded improvements.

NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Constructing Owner agree as follows:

SECTION 1. DEFINITIONS
All terms not otherwise described herein shall have the meaning described thereto in the IFP.

SECTION 2. RESTATED AGREEMENT IMPLEMENTING VESTED PROVISIONS OF IFP; MAP OF CONSTRUCTING OWNER’S PROPERTY.

This Agreement is intended to implement and not to modify or amend in any way the vested provisions of the IFP or the DA related thereto or the provisions of the Study or the IFP.

Consistent with the limitations in Section 4.3 of the DA, the “Constructing Owner’s Property,” within which Fee Reimbursements may be applied as credits against the Infrastructure Fee Component of the Fee as provided herein, is shown on the map attached hereto as Exhibit B (the “Map of Constructing Owner’s Property”), and may also include additional property contiguous thereto, not exceeding five percent (5%) in area, that may hereafter be added to the description thereof by lot line adjustment, subdivision or other such lawful land division as requested by the Constructing Owner.

SECTION 3. CONSTRUCTION OF FACILITIES
Constructing Owner shall complete construction of the Facilities in accordance with the plans and specifications approved by the City Engineer, and in accordance with City improvement standards and this Agreement. Constructing Owner understands and acknowledges that the terms and conditions contained in any contract that Constructing Owner has or may execute with any contractors or material suppliers regarding the construction of the Facilities shall have no force or effect upon this Agreement. Constructing Owner is solely responsible for all contract payment obligations and may not rely upon reimbursement under the Plan Area Fee Program for purpose of Attachment 2 Exhibit A
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payment to contractors, provided Constructing Owner may assign its rights to such reimbursements to its contractors and/or lenders as additional security for such payment. All bidding and contracting for construction work shall be done to allow for the Facilities to be eligible for acquisition or construction through a community facilities district (“CFD”).

SECTION 4. BONDS
A. Constructing Owner has posted the following securities for the Facilities in favor of the City in the amounts and forms acceptable to the City Attorney:

1. To secure faithful performance in the construction of the Facilities, security in an amount equal to one hundred (100%) percent of the estimated cost of the work in the Preliminary Engineer’s Estimate (see Exhibit A), including but not limited to cost of the Facilities, engineering, inspection, fees and incidental expenses, as determined by the City Engineer.

2. To secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment to them, security in an amount equal to one hundred (100%) percent of the estimated cost of the work in the Preliminary Engineer’s Estimate (see Exhibit A), including but not limited to cost of the Facilities, engineering, inspection, fees and incidental expenses, as determined by the City Engineer.

3. If applicable, to secure payment of the cost of setting of monuments, security in an amount equal to one hundred (100%) percent of the estimated costs of setting such monuments as determined by the City Engineer.

B. To secure the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance of the Facilities, security in an amount equal to fifteen (15%) percent of the actual cost of the work performed, including but not limited to cost of the Facilities, engineering, inspection, fees and incidental expenses, as determined by the City Engineer shall be filed with the City prior to the final acceptance of the Facilities by the City.

C. The amounts of all securities required under this Agreement shall be adjusted every two years based on the best available data, such as actual bids and contracts for construction and change orders, as reviewed and approved by the City.

D. If security is furnished in the form of a bond or bonds, such bonds shall be executed by a corporate surety company authorized to transact surety business in the State of California.

E. If Constructing Owner shall fail or neglect to comply with the provisions of this Agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Constructing Owner and/or his/her surety the full cost and expense incurred.

SECTION 5. ALLOWABLE FEE REIMBURSEMENT
City and Constructing Owner agree that the amount of Infrastructure Fee Reimbursements owed to Constructing Owner hereunder shall be as set forth on Exhibit C hereto and made a part hereof, subject to the final “true up” as described in Section 8 hereof. The City shall reimburse the Constructing Owner, solely from the Infrastructure Fee Component of the Fee, all Eligible Hard Attachment 2 Exhibit A
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Costs and Soft Costs incurred by the Constructing Owner in connection with the construction of the Facilities, as approved by the Administrator in consultation with the City Engineer. “Hard Costs” shall consist of the costs of (i) construction of the Facilities, based on the price included in the Construction Contract and actually paid to the contractor for the construction of the Facilities, (ii) traffic control, staging and storm water pollution prevention implementation measures (i.e., structural BMPs) related to such construction, and (iii) habitat mitigation required as a mitigation measure in connection with the construction of such Facilities. Hard Costs shall include the costs of any changes in scope or standards required by the City during the course of construction thereof that are added to the Construction Contract. Hard Costs shall also include the cost for any materials that exceeded the minimum specifications required by the City, so long as the bid for the contract clearly describes the allowed minimum specification. “Eligible Hard Costs” means all of the Hard Costs incurred by the Constructing Owner to construct the Facilities, except to the extent the Administrator, in consultation with the City Engineer excludes costs found to be commercially unreasonable. Evidence that costs are based on a properly bid construction contract shall be prima facie evidence that costs are commercially reasonable. In no event shall Fee Reimbursement exceed the amounts actually paid for Eligible Hard Costs. Constructing Owner shall provide documentation as required by the Administrator, which may include but is not limited to proof of payment and lien releases from all contractors, subcontractors, and suppliers for all costs for which it seeks reimbursement or credit under this Agreement. “Soft Costs” include the costs of planning, design and financing of the Facilities construction project, storm water pollution prevention monitoring & management (i.e., non- structural BMPs), engineering, inspection, geotechnical oversight and monitoring, testing, surveying, outside agency review fees, and bonding related to the construction of the Facilities. “Eligible Soft Costs” means all of the Soft Costs incurred by the Constructing Owner to construct the Facilities, except to the extent the Administrator, in consultation with the City Engineer, excludes costs found to be commercially unreasonable. Evidence that costs are based on a properly bid contracts shall be prima facie evidence that costs are commercially reasonable. In no event shall Fee Reimbursement exceed the amounts actually paid for Eligible Soft Costs. Constructing Owner shall provide documentation as required by the Administrator, which may include but is not limited to proof of payment and lien releases from all contractors, subcontractors, and suppliers for all costs for which it seeks reimbursement or credit under this Agreement.

The Fee Reimbursement hereunder shall be equal to the Eligible Hard Costs and Eligible Soft Costs (collectively, the “Total Eligible Costs”), subject to the final “true up” as described in Section 8 below, and shall be set forth on Exhibit C upon execution of this Agreement.

In the event of any disagreement between the Constructing Owner, the Administrator and City Engineer on the initial calculation of the Total Eligible Costs, if all other conditions to the entry of this Agreement have been satisfied, the Constructing Owner may elect to enter this Agreement without having the amount of the Total Eligible Costs resolved and listed on Exhibit C (or having only the undisputed amount listed thereon as the Fee Reimbursement). In such case, Constructing Owner’s right hereunder to apply any portion of the Fee Reimbursement (or the disputed amount thereof) as credits against the Fee within the Constructing Owner’s Property will be deferred until such disagreement is resolved by the Constructing Owner and the City. If the Constructing Owner, the Administrator and the City Engineer are unable to resolve any disputed amounts after the Attachment 2 Exhibit A
311
parties have engaged in good faith meetings and exchange of documents in support of their positions, the appeal provisions in Section 32 of this Agreement shall apply. The parties shall use their best efforts to resolve any such dispute within sixty (60) days of the entry of this Agreement.

Pending the resolution of any such dispute, the Constructing Owner shall pay any and all required Fees (except as may be offset by Fee Reimbursements applied as Fee Credits pursuant to other Fee Reimbursement Agreements) and City shall retain any Fees paid by the Constructing Owner after the Effective Date of this Agreement for potential refund upon resolution of such fee reimbursement dispute. The amount of Fees retained pending resolution of any fee reimbursement dispute shall not exceed the disputed amount. Upon resolution of any fee reimbursement dispute, and within twenty (20) business days of resolution of the fee reimbursement dispute, the Administrator shall amend Exhibit C to provide the final amount of the Fee Reimbursement allowed hereunder. Constructing Owner shall then have thirty (30) calendar days after receipt of the completed Exhibit C to retroactively apply any portion of such Fee Reimbursements as credits to the Constructing Owner’s intervening development of the Project and obtain an equivalent refund of Fees collected and retained from the Constructing Owner after the Effective Date of this Agreement pending the resolution of the fee reimbursement dispute. If Constructing Owner does not elect within such time to have any of the Fee Reimbursement applied as credits to the Constructing Owner’s intervening development of the Project, then any Fees previously collected and retained from the Constructing Owner during such period shall be deposited into the Fee Program and applied as otherwise provided for in the IFP.

SECTION 6. ANNUAL ADJUSTMENTS TO FEE REIMBURSEMENTS
As provided in the IFP, all fee reimbursements, including those converted to fee credits, shall be adjusted annually based on the annual change to the Plan Area Fee Program.

SECTION 7. CALENDAR-YEAR PRIORITY FOR PAYMENT OF FEE

REIMBURSEMENTS
The priority of payment of the Fee Reimbursements shall be on a Calendar-Year Priority basis, as described in the IFP. As provided in the IFP, a constructing entity (herein defined as a Constructing Owner) achieves a given Calendar-Year Priority when it has a fully executed fee reimbursement agreement and has expended at least 30 percent of the Eligible Hard Costs for the plan area infrastructure improvements included in such reimbursement agreement. Based on the estimated schedule for construction of the Facilities, the parties anticipate that Constructing Owner will complete 30% of the Eligible Hard Costs of the Facilities, which 30% completion will establish the Calendar-Year Priority for the Fee Reimbursements hereunder, by Calendar-Year 20 ___. Constructing Owner shall notify the City upon expenditure of 30% of the Eligible Hard Costs of the Facilities and, subject to confirmation thereof by the Administrator and the City Engineer, the City shall provide written notice to Constructing Owner of the Calendar-Year Priority for payment of Fee Reimbursements to be applied by the City hereunder. City shall provide Constructing Owner with the written notice required herein within 30 calendar days of the receipt of the written notification by the Constructing Owner of the expenditure of 30% of the Eligible Hard Costs.

Outstanding Fee Reimbursements shall be paid out first on the Fee Reimbursement Agreement(s) with the earliest Calendar-Year Priorities, until paid in full (i.e., a Fee Attachment 2 Exhibit A
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Reimbursement Agreement with an earlier Calendar-Year Priority shall receive all available Fee Reimbursements until paid in full prior to any Fee Reimbursements being paid pursuant to a Fee Reimbursement Agreement with a later Calendar-Year Priority. If two or more Fee Reimbursement Agreements have the same Calendar-Year Priority (“Equal-Priority Reimbursement Agreements”), after payment in full on any earlier Calendar-Year Priority Fee Reimbursements, the Fee Reimbursements on such Equal-Priority Reimbursement Agreements shall be paid out pro rata, based on the relative amount of then outstanding Fee Reimbursements due thereunder at the time of such payment. For example, if at the time of payment of any Fee Reimbursement hereunder, another constructing owner was owed Fee Reimbursements pursuant to Fee Reimbursement Agreement with the same Calendar-Year Priority as this Agreement, then such payment would be divided between the Constructing Owner and the other constructing owner in proportion to the relative amounts of reimbursements then owned under the respective Agreements.

In accordance with the applicable Calendar-Year Priorities, the Fee Reimbursement hereunder shall be paid to Constructing Owner when the Facilities are completed as determined by the City Engineer (“Completion”) and accepted by resolution of the City Council accepting the improvements and directing the City Clerk to file a Notice of Completion with the Placer County Recorder. The Fee Reimbursement shall be paid by the City as fee revenues from the Infrastructure Fee Component of the Fees that are collected within the Plan Area. After Completion of the Facilities, such payments shall be made by the City at least quarterly throughout the year as funds become available. Prior to such Completion, if the Fee Reimbursement hereunder is eligible for payment on a Calendar-Year Priority basis subject only to Completion of the Facilities, then fee revenues collected from the Infrastructure Fee Component of the Fee within the Plan Area that would otherwise be paid to the Constructing Owner hereunder shall be held by the City in reserve for payment of the Fee Reimbursement pending Completion of the Facilities up to the amount of the Fee Reimbursement then due hereunder.

As provided in the IFP, the Administration Fee Component of the Fees has priority with respect to distribution of any fees in the Village 1 Plan Area Fee Program Fund and must be satisfied before reimbursements are made from other components of the Plan Area Fee Program.

The obligation arising from this Agreement is not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only and solely from the Infrastructure Fee Component of the Fee deposited in the Plan Area Fee Program.

SECTION 8. “TRUE UP” OF FEE REIMBURSEMENT
Upon completion of the Facilities by the Constructing Owner and acceptance thereof by the City, the final determination of actual Eligible Hard Costs upon which the Fee Reimbursement amount is based shall be determined by the Administrator, in consultation with the City Engineer, based on documentation thereof provided by Constructing Owner to the Administrator’s and City Engineer’s reasonable satisfaction. For construction change orders to be given consideration for reimbursement, the Constructing Owner must:
 Present the change order request and estimated cost along with supporting information to the Administrator and City Engineer; and
Attachment 2 Exhibit A
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 Fully document any work performed under a change order to verify all associated costs.

Failure to comply with any of these procedures may result in the ineligibility of the requested change order for such Fee Reimbursement.

To secure final Fee Reimbursement, Constructing Owner shall provide the following items to the Administrator and City Engineer in order for each to determine the actual Eligible Hard Costs and Eligible Soft Costs incurred by Constructing Owner for the Facilities that qualify for reimbursement:
(1) Copies of the original Construction Contract and any change orders that have been agreed to and approved in writing by the Constructing Owner, contractor, and the City. The portion of each change order associated with the Facilities must be itemized separately; (2) Copies of all invoices, with unconditional lien releases, submitted by the contractor and suppliers;
(3) Copies of all checks issued by the Constructing Owner with related invoices indicated;
(4) A summary tabulation of all contractor and supplier invoices and Constructing Owner payments; and
(5) Prevailing Wage Certification, or documentation acceptable to the City Attorney of an exception to the applicability of prevailing wage.

If, when the final reconciliation of Total Eligible Costs for the Facilities is conducted by the Administrator, the actual Total Eligible Costs for the Facilities exceeds the amount of Fee Reimbursement initially provided hereunder, the Administrator shall review items (1) through (4) above and determine if the actual Total Eligible Costs will serve as the basis for determination of the amount of the Fee Reimbursement due or owed to the Constructing Owner should be increased above the amount described in Exhibit C of this Agreement. The Administrator, in consultation with the City Engineer, shall determine how much of the actual construction costs should be included in any increase to the Total Eligible Costs and Exhibit C shall be adjusted accordingly.

If the final reconciliation determines that Total Eligible Costs are less than the amount of Fee Reimbursement initially provided hereunder, the Administrator shall notify the Constructing Owner of such reduction of the Fee Reimbursement and Exhibit C shall be revised accordingly.

If the amount of Fee Reimbursements converted to and applied as Fee Credits exceeds the final amount of Total Eligible Costs that supported such Fee Credits, then the Constructing Owner shall repay the amount of the Fee Reimbursement that was converted to and applied as Fee Credits in excess of the confirmed Total Eligible Costs within sixty (60) calendar days of receipt of notice from the Administrator of the amount to be repaid. As an alternative to repaying such amount in cash, if the Constructing Owner holds Fee Reimbursements pursuant to another Fee Reimbursement Agreement that are convertible to Fee Credits within the Constructing Owner’s Property, the Constructing Owner may convert the Fee Reimbursements from such other Fee Reimbursement Agreement to Fee Credits and apply them against such repayment obligation.

Failure to make such repayment within the aforementioned 60-day timeframe shall constitute a Attachment 2 Exhibit A
314
default and a material breach of this Agreement.

In no event shall Fee Reimbursement exceed the amounts actually paid by Constructing Owner for Total Eligible Costs. Any determination by the Administrator and City Engineer under this Section shall be subject to the appeal rights set forth in Section 32 of this Agreement.

SECTION 9. APPLICATION OF FEE REIMBURSEMENT CONVERTED TO FEE

CREDITS
The Fee Reimbursement may, at the Constructing Owner’s option, be converted to Fee Credits for application against the Infrastructure Fee Component of the Fee in connection with development within the Constructing Owner’s Property, subject to the following conditions:

A. If more than one Fee Reimbursement Agreement has been entered into with respect to development of a Constructing Owner’s Property, any conversion of Fee Reimbursements to Fee Credits shall occur in the order of the Calendar-Year Priority for such Fee Reimbursements, beginning with the earliest Calendar-Year Priority Fee Reimbursements; B. In any event, Fee Reimbursements converted to Fee Credits may not be assigned to, or applied against the Fee obligation associated with development of any Plan Area properties other than the Constructing Owner’s Property, as depicted on Exhibit B to this Agreement, and subject to the provisions of Section 2 related to application of Fee Credits to other contiguous properties not exceeding five percent (5%) in area owned by the Constructing Owner.

C. Notwithstanding any provision to the contrary, Fee Reimbursements converted to Fee Credits may only be used to satisfy Plan Area obligations and not for any other purpose.

Subject to compliance with the foregoing conditions, Fee Reimbursements may be converted to Fee Credits at any time from and after the Effective Date of this Agreement. Any conversion of Fee Reimbursements to Fee Credits and the corresponding application of such converted Fee Credits against the Infrastructure Fee Component of the Fee shall be made in writing and delivered to the Administrator in the form attached hereto as Exhibit D. So long as the Constructing Owner is not in default of this Agreement at the time of its request, Fee Reimbursements may be converted to and applied as Fee Credits against the Infrastructure Fee Component of the Fee at any time from and after the Effective Date of this Agreement and such conversion is not dependent upon Completion of the Facilities.

The right to apply Fee Reimbursements as Fee Credits is limited hereunder to the Infrastructure Fee Component of the Fee and may not be applied against the Neighborhood Park Development Fee Component, the Neighborhood Park Land Acquisition Fee Component or the Administrative Fee Component of the Fee.

SECTION 10. DISCLOSURE REGARDING TIMING OF PAYMENT OF

INFRASTRUCTURE FEES
As described in the IFP, the Fee will be collected before acceptance of the first final small lot map on any property identified in the Constructing Owner’s DA. The Fee will be charged with each final small lot map, with 10 acres being the minimum quantity for each small lot map. The Attachment 2 Exhibit A
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10-acre minimum does not accumulate with or carryforward to future small lot maps.

SECTION 11. TRANSFER OF FEE REIMBURSEMENTS
Fee Reimbursements are personal to Constructing Owner and do not run with the Project that is generating such Fee Reimbursements. Provided the Constructing Owner has no outstanding monetary obligation to the City within the Project Area, Constructing Owner may, at its sole option and discretion, assign the rights to any Fee Reimbursements, including the right to convert such Fee Reimbursements to be applied as Fee Credits against the Infrastructure Fee Component of the Fee, to any other person or entity, including any developer or builder acquiring property within any portion of the Constructing Owner’s Property, subject to the conditions and limitations herein regarding the application of such Fee Credits, including without limitation, the application thereof only for development within the Constructing Owner’s Property. If Constructing Owner has an outstanding monetary obligation to the City as noted above, then the City may either require the monetary obligation to be met before transfer of the Fee Credit or apply any Fee Reimbursement or converted Fee Credit then owned by Constructing Owner against the obligation owed by Constructing Owner. Any assignment of the rights to Fee Reimbursements shall be made in writing and delivered to the Administrator in the form attached hereto as Exhibit E. Assigned Fee Credits carry the same priority the assignor had in the credits.

SECTION 12. FAILURE TO COMPLETE CONSTRUCTION.

Failure to complete work within the scope of this Agreement may affect the Calendar-Year Priority Status for the Fee Reimbursement hereunder, may result in termination of the Fee Reimbursements and termination of the right to apply any converted Fee Credits against the Infrastructure Fee Component of the Plan Area (in which case, absent the availability of any other Fee Credits, the full amount of the Infrastructure Fee Component of the Plan Area would be due as and when required by development of the Constructing Owner’s Property), and may require repayment of any Fee Reimbursements paid or applied as Fee Credits, as deemed appropriate by the Administrator. In connection therewith, the Administrator may determine that the Constructing Owner shall not be entitled to further Fee Reimbursement or Fee Credits until completion of the Facilities as determined by approval of a resolution of the City Council accepting the improvements and authorizing the City Clerk to file a Notice of Completion with the Placer County Recorder. A change in the Calendar-Year Priority for any Fee Reimbursements will be evaluated from the previously determined Calendar-Year Priority to the date of completion, which may affect priority for Fee Reimbursement and priority for conversion to Fee Credits. Any determination by the Administrator and City Engineer to invoke the provisions of this Section shall be subject to the appeal rights set forth in Section 32 of this Agreement.

SECTION 13. INSPECTION
City and its authorized representatives shall, at all times have access to the construction site during construction of the Facilities and Constructing Owner shall furnish City with all reasonable information necessary for ascertaining full knowledge of the Facilities with respect to the progress, workmanship, and character of materials and equipment used and employed in the work.

Whenever the contractors retained by Constructing Owner vary the normal period during which work or any portion of it is carried out on each day, Constructing Owner shall give timely Attachment 2 Exhibit A
316
notice to the City Engineer so that if he or she wishes, be present to observe the work in progress. If Constructing Owner fails to give such timely notice, any work done in the absence of the City representative will be subject to rejection. Constructing Owner shall give timely notice to the City Engineer in advance of backfilling or otherwise covering any part of the work so that the City’s representative may observe the work before it is concealed.

Notwithstanding any provision to the contrary, all Facilities shall be subject to City inspection for compliance with City requirements prior to approval of a resolution of the City Council accepting the improvements and authorizing the City Clerk to file a Notice of Completion with the Placer County Recorder. Observation of the work or inspection by the City shall not relieve Constructing Owner or its sureties of full responsibility for defective materials or workmanship or any of its obligations to complete construction in accordance with the plans and specifications approved by the City Engineer.

SECTION 14. COMPLIANCE WITH PREVAILING WAGE LAWS
Unless otherwise authorized by City Charter, City ordinance, or applicable State statutory or common law, pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II of the Labor Code of the State of California (Labor Code Sections 1720 et seq. (“Prevailing Wage Laws”)), all work shall be performed in compliance which the Prevailing Wage Laws and not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work contemplated under this Agreement shall be paid to all workers, laborers, and mechanics employed in the execution of said work by the Constructing Owner or the Constructing Owner’s contractor, or by any subcontractor doing or contracting to do any part of said work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed by the Constructing Owner with, and made available for inspection at the office of the City Clerk.

Constructing Owner shall require all contractors to register with the Department of Industrial Relations in accordance with Labor Code section 1725.5. Constructing Owner shall require its contractor to post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. No Fee Reimbursement or Fee Credit shall be permissible without full compliance with the Prevailing Wage Laws.

SECTION 15. INSURANCE
Constructing Owner shall require its contractor to carry and maintain for three (3) years after City Acceptance of the Facilities, such public liability, property damage and contractual liability, auto, Workers’ Compensation, Builders’ Risk Insurance and other insurance coverage as required by the City in accordance with the improvement plan specifications for the Facilities.

The contractor shall name the City as an additional insured. For any claims related to the Facilities, the contractor’s general liability and automobile insurance coverage shall be primary insurance in their coverage of the City and its officers, officials, employees, agents, or volunteers, and any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

Attachment 2 Exhibit A
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SECTION 16. ACCEPTANCE AND CONVEYANCE OF FACILITIES
Once Constructing Owner has completed construction of the Facilities and the Facilities, to include all associated easements and offers of dedication, provided that all liens, claims and encumbrances in connection with the Facilities have been released and the required warranty bond has been provided to the City, final inspection, all engineering submittals and administrative components of the project, to the satisfaction of the City Engineer shall recommend that the City Council approve a resolution accepting the improvements and authorizing the City Clerk to file a Notice of Completion with the Placer County Recorder. No acceptance shall be valid without the Constructing Owner conveying and vesting full, complete and clear title in said Facilities to the City at the time of acceptance.

SECTION 17. LIENS, CLAIMS, AND ENCUMBRANCES
Prior to the City’s acceptance of any Facilities, Constructing Owner shall clear any and all liens, claims and encumbrances from said Facility as a condition of acceptance by the City.

SECTION 18. DELIVERY OF AS-BUILT PLANS AND SPECIFICATIONS Prior to acceptance of the Facilities by City, Constructing Owner shall deliver to City copies of all as-built plans (if any), specifications, operating manuals, service manuals, warranties and other documents relating to the design, construction, and operation of the Facilities described in this Agreement.

SECTION 19. INDEMNIFICATION
The Constructing Owner, by execution of this Agreement, specifically agrees to protect and assume the defense of, indemnify and hold harmless City and its elected representatives, officers, employees, agents and consultants (the “Indemnitees”), from and against all liabilities, actions, lawsuits, damages, claims, losses, or expenses of every type and description, including attorneys’ and consultants’ fees and expenses, (collectively, “Liabilities”), to which they may be subjected or put, by reason of or resulting from the design, construction, or installation of the Facilities, except to the extent the Liabilities arise from the sole negligence, or willful misconduct of City and/or the Indemnitees. This indemnification shall extend to Liabilities occurring after this Agreement is terminated as well as while it is in force. Notwithstanding the foregoing, following the acceptance of the improvements by City, or if there is an applicable warranty, following the end of any applicable warranty period, the Constructing Owner shall not be obligated to indemnify the Indemnitees for Liabilities to the extent that such Liabilities arise from Indemnitees’ active or passive negligence following acceptance of the Facilities.

SECTION 20. THIRD PARTY LIABILITY
City does not assume any liability, duty or obligation to Constructing Owner’s contractors, subcontractors, agents or any person or entity not a party to this Agreement by execution or performance of this Agreement, and no contractors, subcontractors, agents or any parties are third party beneficiaries of this Agreement.

SECTION 21. WARRANTY
Attachment 2 Exhibit A
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Constructing Owner hereby warrants the Facilities as to materials, design and workmanship and should any defect or failure of the Facilities, or any parts thereof, occur within a period of one (1) year after final acceptance by City, or such other longer time duration that may be agreed to by separate agreement, Constructing Owner shall promptly cause the needed repairs to be made without any expense or cost to the City. Final acceptance shall be deemed to have occurred under this Agreement when the Facilities have been accepted resolution of City Council accepting the Facilities and directing the City Clerk to file a Notice of Completion with the Placer County Recorder. City shall provide written notification to Constructing Owner of final acceptance by the City.

City is hereby authorized to make repairs if Constructing Owner fails to make, or undertake with due diligence, the aforesaid repairs within twenty (20) calendar days after it is given written notice of such defect or failure. In case of emergency, where in the opinion of the City Engineer delay may cause serious hazard to the public or delaying the repairs may cause the damage to substantially increase, the necessary repairs may be made by the City without prior notice to Constructing Owner. All costs of the repair, if not paid by the Constructing Owner within twenty calendar days of notice from the Administrator to the Constructing Owner, shall be paid out of any Fee Reimbursement then otherwise payable to the Constructing Owner from the Infrastructure Fee Component of the Village 1 Plan Area Fee Program Fund. In the event available Fee Reimbursement otherwise payable to the Constructing Owner shall be insufficient to pay for the repair, the deficiency shall be paid out of _______. In no event shall the City be responsible for the cost of the repair within the warranty period. In all cases of defect or failure within the warranty period where the City has taken action in accordance with this paragraph, Constructing Owner shall promptly reimburse City and, if applicable, the _______shall fund the repair for any and all costs or expenses, direct or indirect, incurred by the City. The foregoing is in addition to, and shall not in any way limit or affect, the rights of the City to enforce the warranty obligations of Constructing Owner hereunder and to recover any and all costs thereof from the warranty bond posted thereby.

SECTION 22. BINDING ON SUCCESSORS AND ASSIGNS
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.

SECTION 23. ATTORNEY’S FEES
If any suit, action or proceeding in law or equity (except for the dispute resolution process set forth herein) is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

SECTION 24. AUTHORITY TO ENTER INTO AGREEMENT
Constructing Owner and City certify that they have the authority and are legally empowered to enter into this Agreement on behalf of their entity and to bind their party to the performance of its obligations hereunder.

Attachment 2 Exhibit A
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SECTION 25. NOTICES
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:
(a) If to City:

City of Lincoln
Attn: Director of Support Services / Administrator 600 Sixth Street Lincoln, CA 95648
Telephone: (916) 434-2400
Facsimile: (916) _____________________
With a copy to:

City of Lincoln Attn: City Engineer 600 Sixth Street
Lincoln, CA 95648
Telephone: (916) 434-2400
Facsimile: (916) _______________
(b) If to Constructing Owner:
[fill in notice information for Constructing Owner]
Either party may change its mailing address at any time by giving written notice of such changes to the other party in the manner provided herein.

SECTION 26. NOTICE OF CONTRACTORS
Constructing Owner shall provide a copy of this Agreement to any contractors, subcontractors, or other parties performing work on the Facilities, prior to commencement of construction by said party.

SECTION 27. TERM
The term of this Agreement shall start on the day and year duly executed by all parties and shall remain in effect until all the terms and conditions contained in this Agreement have been satisfied.

SECTION 28. SEVERABILITY
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the Attachment 2 Exhibit A
320
validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.

SECTION 29. CONFLICTS
This agreement is intended to implement and be consistent with the requirements of the IFP.

Therefore, in the event of any conflicts between the IFP and this Agreement, the requirements of the IFP shall prevail and control.

SECTION 30. EXHIBITS
The Exhibits attached hereto are hereby incorporated herein by this reference.

SECTION 31. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties regarding the subject matter hereof. The Agreement may be amended only by writing executed by both parties.

SECTION 32. RIGHT OF APPEAL
Constructing Owner may appeal any final determination by the Administrator and/or City Engineer to the City Manager and thereafter to the City Council pursuant to the provisions of Lincoln Municipal Code section________________________________. Prior to submitting the matter to the City Council, the City Manager may, in his/her discretion, elect to engage the services of a mediator to attempt to mediate the dispute in a non-binding fashion, not to exceed a total of thirty (30) calendar days. Any decision of the City Council shall be final with no right of further appeal or action thereafter.

SECTION 33. EFFECTIVE DATE
The City’s execution of this Agreement shall be contingent upon confirmation by the Administrator, in consultation with the City Engineer, that (i) a Construction Contract has been properly bid and entered into for construction of the Facilities, (ii) performance and payment bonds have been posted in form and amount required by the City, and (iii) a Notice to Proceed has been given to the contractor for the Facilities. The date of such execution by the City, based in part on the City’s confirmation of the satisfaction of the foregoing conditions, shall be deemed to be the “Effective Date” of this Agreement. Upon execution of this Agreement by the City, the City shall insert the Effective Date in the Preamble to this Agreement and provide a copy of this fully executed and dated Agreement to Constructing Owner.
[SIGNATURE PAGE FOLLOWS]
Attachment 2 Exhibit A
321
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above-written.

CONSTRUCTING OWNER:
_____________________________,
a ___________________________
By:

Name:

Title:

Date:

CITY:
____________________________,
a _____________________
By:

Name:

Title:

Date:

ATTEST:
____________________________,
City Clerk
By:

Date:

APPROVED AS TO FORM:
____________________________,
City Attorney
By:

Date:

Attachment 2 Exhibit A
322

EXHIBIT A

IDENTIFICATION OF FACILITIES AND MAP
(Including Preliminary Engineer’s Estimate of Facility Costs) (to be attached)
Attachment 2 Exhibit A
323

EXHIBIT B
MAP OF CONSTRUCTING OWNER’S PROPERTY
(Within Which Fee Reimbursements May Be Applied as Fee Credits) (to be attached)
Attachment 2 Exhibit A
324

EXHIBIT C

IDENTIFICATION OF FEE REIMBURSEMENT
VILLAGE 1 PLAN AREA FEE PROGRAM
[Insert Name of Constructing Owner Here] [List Facility Here] Date of Agreement: , 20
Village 1 Plan Area Program Fee Reimbursements: $___________________ Attachment 2 Exhibit A
325

EXHIBIT D

FORM OF CERTIFICATE OF CONVERSION OF PLAN AREA FEE REIMBURSEMENTS

TO AND APPLICATION OF INFRASTRUCTURE PLAN AREA FEE CREDITS The undersigned Constructing Owner, as the holder of certain Fee Reimbursements related to the Fee Reimbursement Agreement between Constructing Owner and the City of Lincoln, dated ___________ (the “Agreement”), and with a Calendar-Year Priority of 20 , hereby elects to convert the Fee Reimbursements to Fee Credits and apply such converted Fee Reimbursements indicated below as a credit against the Infrastructure Fee Component of the Village 1 Plan Area Fee Program otherwise payable in connection with the recordation of a small- lot subdivision map for development of the property within the Village 1 Specific Plan Area described below:

Constructing Owner’s Legal Name:

Project Name:

Subdivision Name:

Final Map Name and Date:

Village (or Units) and Lot Numbers:

Attach copy of Final Map with lot numbers visible.

Amount of Fee Reimbursements Converted to Fee Credits: $ Fee Reimbursement Balance Under Agreement Before Conversion: $ Fee Reimbursement Balance Under Agreement After Conversion: $ ACKNOWLEDGED: Administrator:

CONSTRUCTING OWNER:
______________________________,
a
By:

Name:

Title:

Date:

Attachment 2 Exhibit A
326

EXHIBIT E

FORM OF CERTIFICATE OF ASSIGNMENT AND

TRANSFER OF INFRASTRUCTURE FEE REIMBURSEMENTS
The undersigned Constructing Owner, as the holder of certain Fee Reimbursements related to the Fee Reimbursement Agreement between Constructing Owner and the City of Lincoln, dated (the “Agreement”), and with a Calendar-Year Priority of 20 , hereby assigns, transfers and conveys to the undersigned Assignee the amount of Fee Reimbursements as indicated below:

Constructing Owner’s Legal Name:
________________________________________________
Assignee’s Legal Name:
__________________________________________
Amount of Assigned Fee Reimbursements: $
Fee Reimbursement Balance Held by Constructing Owner
under Agreement Before Assignment: $
Fee Reimbursement Balance Held by Constructing Owner
under Agreement After Assignment: $
ACKNOWLEDGED: Administrator: _______________________
CONSTRUCTING OWNER: ASSIGNEE/HOME BUILDER:

By: ________________________________ By: ____________________________ Name: _ Name: ___
Title: _______________________ Title: ____________________ Date: ___ Date: __________________________
Attachment 2 Exhibit A
327
CONSTRUCTING OWNER CONTACT:
[ ADD CONTACT INFORMATION ]
ASSIGNEE/HOME BUILDER CONTACT:
[ ADD CONTACT INFORMATION ]

Attachment 2 Exhibit A
328

EXHIBIT I
(FORM DOCUMENT)

PLAN AREA FEE CREDIT TRANSFER AGREEMENT
THIS PLAN AREA FEE CREDIT TRANSFER AGREEMENT (herein, this “Plan Area Transfer Agreement’) is entered into as of____________________, 20 ____, by and between ___________________, a_______________(“Transferor”) and ___________, a__________________ (“Transferee”).

RECITALS
A. TRANSFEROR agrees to convey to TRANSFEREE certain Plan Area Fee Credits identified in Exhibit A, applicable to Plan Area projects included in the Lincoln Village 1 Infrastructure and Public Facilities Financing Plan (“Plan Area Credits”).

B. Exhibit A is attached hereto and incorporated by reference.

C. TRANSFEROR and TRANSFEREE are executing and recording this Plan Area Transfer Agreement pursuant to Sections 4.3.5 of their respective development agreements.

AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TRANSFEROR and TRANSFEREE agree as follows:

1. TRANSFEROR hereby assigns to TRANSFEREE all of TRANSFEROR’s rights and obligations pertaining to Plan Area Credits as set forth in Exhibit A.

2. TRANSFEREE, its successors and assigns hereby expressly assume all such rights and obligations pertaining the Plan Area Credits as set forth in Exhibit A.

3. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns.

4. This Transfer Agreement may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all parties, even though all parties, even though all parties are not signatory to the same counterpart. The parties authorize each other to detach and combine, or cause to be detached and combined, original signature pages and consolidate them into a single identical original for recordation of this Agreement in the Official Records of Placer County, California.

IN WITNESS WHEREOF, the parties hereto have executed this Plan Area Transfer Agreement as of the date and year first-above written.

Attachment 2 Exhibit A
329
TRANSFEROR:
_____________________________,
a ___________________________
By:

Name:

Title:

TRANSFEREE:
____________________________,
a _____________________
By:

Name:

Title:

Attachment 2 Exhibit A
330

EXHIBIT A

PLAN AREA FEE CREDITS TRANSFERRED

PLAN AREA FEE CREDITS
Infrastructure Fee
Neighborhood Park
Development Fee
Neighborhood Park Land
Acquisition Fee Administration Fee
$ .00 $ .00 $ .00 $ .00

VERIFICATION
The City of Lincoln hereby verifies that the Plan Area Credits listed above are currently owned by TRANSFEREE and available for transfer to TRANSFEROR.

By: ______________________
Name: ______________________
Title: Director of Support Services
Date: ________________
Attachment 2 Exhibit A
331
SUBJECT: Consideration of Proposed Lease Agreement with Lincoln Clay Arts Center for the Carnegie Library Building (Sean Scully) SUBMITTED BY: City Clerk
DEPARTMENT: City Manager's Office
DATE: October 13, 2026
Item Number 15.A
STAFF RECOMMENDATION:

Consider adoption of a resolution authorizing the City Manager, or designee, to execute a lease agreement with Lincoln Clay Arts Center, Inc. (“LCAC”) for use of the Carnegie Library building at 590 Fifth Street, subject to City Attorney approval as to form and completion of final, non-substantive revisions.

Alternatively, provide alternate direction on lease terms to staff.

BACKGROUND/INTRODUCTION:

The City owns the former Carnegie Library at 590 Fifth Street, Assessor’s Parcel Number 008- 171-010. The site contains approximately 7,929 square feet of land and a two-story building of approximately 2,600 square feet. Constructed in 1909, the Carnegie Library is a National Register historic structure and a defining downtown landmark. The building served as Lincoln’s public library for more than a century before the library closed in 2011. A few years prior to closure (2007) the City and School district received a substantive grant for $11M from the State of California which along with local contributions from the City, WPUSD and Sierra College funded the full $16M cost of build. The primary administrative operations were then moved to the 12 bridges library location. Post Carnegie Library's closure, the City of Lincoln have struggled to find ways to reactivate the space and as such it has remained largely unused. Many ideas have been explored over the past 15 years including selling the property, leasing to private business, restarting library services, among many others.

The Carnegie Library’s historic significance is closely tied to Lincoln’s educational, civic, and clay-industry heritage. The building includes signature architectural terra cotta associated with Gladding, McBean and reflects the community’s longstanding connection to clay, ceramics, and architectural materials.

LCAC was created specifically to assist the City in bringing the Carnegie Library back into productive public use as a clay arts center. Unlike an existing organization seeking a new location, LCAC’s mission and operating plan are centered on adaptive reuse of this particular historic structure. LCAC proposes a community-serving center offering ceramics classes and

STAFF REPORT
332
workshops, shared making space, artist studios, exhibitions, gallery programming, and partnerships with schools, nonprofits, civic organizations, businesses, artists, and community members.

On April 29, 2026, the City Council authorized a short-term lease to allow construction and installation of improvements needed to accommodate the proposed clay arts use. The proposed long-term lease would take effect after the building receives a temporary or permanent certificate of occupancy, or other applicable governmental approval for legal occupancy.

FINDINGS/ANALYSIS:

The proposed lease provides LCAC an initial 20-year term, with two five-year extension options, at nominal rent of $1 per year. The term is intended to provide the stability needed for LCAC to secure philanthropic support, complete startup activities, establish programming, and develop a financially sustainable operating model. In exchange, LCAC would operate the facility for public-benefit uses including clay arts instruction, workshops, artist studios, exhibitions, cultural programming, community events, and related educational activities.

The lease maintains City ownership and control of the Carnegie Library building and surrounding land, assigns responsibility for major building systems and City-funded improvements to the City, and requires LCAC to maintain its equipment, furnishings, programming, insurance, regulatory compliance, and operational activities. The agreement also includes objective performance standards, City inspection and records-review rights, insurance and indemnification requirements, default remedies, and City approval requirements for any future organizational sublease or transfer of the leasehold interest.

Key terms are the following:

Premises
The Carnegie Library building and nonexclusive pedestrian access rights; surrounding land and grounds remain under City control Initial term 20 years following the Commencement Date
Extension options
Two additional five-year options, subject to no material uncured default
Commencement
Date
One business day after issuance of a certificate of occupancy or other applicable approval for legal occupancy
Base rent $1 per year
Permitted use
Clay arts instruction, workshops, studios, exhibits, gallery space, meetings, educational programs, community events, and related nonprofit activities consistent with LCAC’s mission
City ownership City retains ownership of the building, land, City-funded improvements, and City-owned equipment
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Building
maintenance
City responsibility for major structural components, roof, foundation, exterior envelope, HVAC, main plumbing, electrical service, utility infrastructure, landscaping, drainage, and other major systems, except for damage caused by LCAC
LCAC maintenance
LCAC responsibility for its equipment, furnishings, supplies, personal property, program operations, internet, telephone, security monitoring, recycling, and hazardous-material disposal generated by its operations
Insurance
LCAC must maintain commercial general liability, workers’ compensation and employers’ liability coverage, and insurance for LCAC-owned property and equipment
Indemnification
LCAC indemnifies the City for claims arising from LCAC’s use, occupancy, operations, and acts or omissions, except to the extent caused by the City
Assignment/sublease
City approval required for assignment or sublease to another commercial or nonprofit organization; however, routine artist studio, membership, workshop, instructional, gallery, and communityprogram agreements are permitted City oversight
Annual inspection right, with reasonable notice; annual review of records reasonably related to lease compliance and
reimbursements
Future public art park Not included in the lease; any future public art park would may require separate funding, City approval, and a separate agreement The proposed arrangement advances the City’s objective of preserving and reactivating a prominent historic downtown asset while leveraging a nonprofit operating model to provide cultural, educational, and economic activity for the community.

The LCAC project would transform the Carnegie Library from an underutilized historic building into an active arts, education, and cultural resource. The organization’s planned programming includes:

Ceramics instruction for beginners, intermediate participants, and advanced potters; Workshops, lectures, seminars, and educational events;
Shared clay-making and open-studio opportunities;
Artist studio space for working artists;
Exhibitions and gallery space for studio artists and invited artists; Community meetings, cultural discussions, and appropriate special events; Opportunities for youth and adult arts education;
Partnerships with schools, colleges, nonprofits, civic organizations, and local businesses; and
Programs celebrating Lincoln’s clay, architectural terra cotta, public art, and local history. 334
LCAC’s operating model relies principally on artist studio agreements, pottery classes, workshops, memberships, open-studio access, events, fundraising, grants, and charitable support. LCAC projects that its core operations can reach break-even by the end of its third year of operation. Its anticipated staffing model includes a Studio Manager and Studio Assistant, supported by volunteers.

The project summary identifies a target opening in 2027 following completion of renovations, equipment installation, fundraising, and operational startup activities. LCAC has advised that it continues to pursue startup funding, grant opportunities, philanthropic support, and partnerships needed to address early operating and equipment needs.

ENVIRONMENTAL REVIEW:

The Lease Agreement is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, as the action involves leasing and operation of an existing public facility involving negligible or no expansion of use. The City Manager, or designee, is authorized to file a Notice of Exemption, if determined appropriate.

FISCAL IMPACT:

The proposed lease establishes nominal base rent of $1 per year in recognition of the publicpurpose nature of the arrangement and the community benefits to be provided by LCAC.

The City will continue to bear costs assigned to it under the lease, including major buildingsystem maintenance and repair, structural and infrastructure responsibilities, exterior grounds and landscaping, water and sewer service as specified in the lease, and utilities during the initial three-year startup period. Beginning in the fourth lease year, LCAC may be required to reimburse the City for electricity and natural gas if its annual financial condition meets the lease’s financial test. Beginning in the tenth lease year, LCAC would assume responsibility for electricity and natural gas.

The exact fiscal impact will depend on actual building maintenance needs, utility consumption, future capital needs, and the final scope of City-funded improvements. Utility costs during the initial period for all four (4) utilities are likely to cost approximately $20,000. It is important to note that even without this lease the City would still be covering utility costs to this building albeit at lower levels when uninhabited. The proposed lease is intended to reduce the City’s direct responsibility for day-to-day programming, staffing, equipment, and operating expenses while preserving City ownership and oversight of the historic facility.

ATTACHMENTS:
163 - Resolution Carnegie Library Lease Approval.docx
LCAC_Draft_20-Year_Lease_LCAC_Redline_2026-09-28_Updated.pdf LCAC_Response_to_City_Lease_Comments_Revised (2).pdf
LCAC Project Summary 1 Page 10.1.26.pdf
335
LCAC Project Summary 8.22.pdf
336
Resolution No. 2026-163