82477.01020\45059256.2
City of El Paso De Robles
RIGHT OF WAY CONTRACT
under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." (B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interests. Grantor represents that it has not entered into or permitted any unrecorded encumbrances of any nature that limit Grantor’s ability to convey the Property Interests or limit Grantee’s ability to use the Property for its intended purpose. Grantor represents and warrants that it will defend and indemnify the City of El Paso De Robles, its successor and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents/ and warrants that it has made no assignment of any interest in the Property.
7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month. Grantor agrees to hold the City of El Paso De Robles harmless and reimburse the City of El Paso De Robles for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants' interests in the amount payable under Clause 2(A) above. Said general releases or quitclaim deeds are to be provided by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement.
8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements, including but not limited to: None
9. It is understood and agreed by and between the parties hereto that the following improvements within the Property Interests will be protected in place: None. It is further understood and agreed to by and between the parties hereto that the following improvements within the Property Interests will be relocated: None. It is understood and agreed by and between the parties hereto that a lot line adjustment will be completed at the City’s sole cost and expense as set forth in the Lot Line Agreement entered into by the Parties on June 5, 2026.
10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interests by the City of El Paso De Robles shall commence on the date the amount of funds as specified in Clause 2(A) above are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) above includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
RIGHT OF WAY CONTRACT
11. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages which have accrued or may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein and the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction.
12. It is agreed between the parties hereto that the City of El Paso De Robles is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on Property Interests acquired under this transaction. Said assessments include but are not limited to any assessments listed in the title report (First American Title Company order number 4001-5376343). Grantor acknowledges that it has received and reviewed the Preliminary Title Report. The assessments remain the obligation of Grantor. Payment for the Property Interests acquired under this transaction is made upon the basis that the Grantor retains its obligation to the levying body respecting said assessments. The Property Interests acquired under this transaction are to be free and clear of any liens, bonds and/or assessments at the close of escrow.
13. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses:
To Grantor:
Black Oaks, Inc.
2340 Park Street
Paso Robles, CA 93446
With a Copy to:
Cumberland & Green, LLP
1948 Spring Street
Paso Robles, CA 93446
Attn: Thomas J. Madden, Esq
To City of El Paso De Robles:
1000 Spring Street
Paso Robles, CA 93446
Attn: Ditas Esperanza, P.E.
Title Capital Projects Engineer
14. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. the City of El Paso De Robles may freely assign any or all of its interests or rights under this Agreement.
15. Grantor represents and warrants that during the period of Grantor's ownership of the Property, to the best of Grantor’s knowledge without independent investigation, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property.
The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination.
16. It is understood and agreed that the fully executed Permanent Access Easement Deed and Grant Deed may be recorded in the Recorder's Office for the County of San Luis Obispo.
Attachment 2
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City of El Paso De Robles
RIGHT OF WAY CONTRACT
17. The City of El Paso De Robles reserves the right to cancel escrow and terminate this Agreement if at any time the City of El Paso De Robles determines that the Property Interests are no longer needed for the Project.
18. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
19. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
20. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement, and that said entity will thereby be obligated to perform the terms of this Agreement.
21. This Agreement may be executed in counterparts, including by facsimile and/or e-mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
22. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
23. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
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SIGNATURE PAGE FOLLOWS
Attachment 2
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City of El Paso De Robles
RIGHT OF WAY CONTRACT
In Witness Whereof, the Parties vested have executed this Agreement the day and year set forth below.
Black Oaks, Inc., a California corporation
By: ____________________________________________
Name: __________________________________________
Its: _____________________________________________
Date: ___________________________________________
By: ____________________________________________
Name: __________________________________________
Its: _____________________________________________
Date: ___________________________________________
City of El Paso De Robles
By:________________________________________
Chris Huot
Title: City Manager
Date:_______________________________________
APPROVED AS TO FORM:
By:____________________________________________
Elizabeth Hull, Attorney for
City of El Paso De Robles
Date:_______________________________________
Attachment 2
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City of El Paso De Robles
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EXHIBIT 1
Exhibit “A”
Legal Description of Grant Deed
(See Attached)
Attachment 2
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City of El Paso De Robles
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Attachment 2
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City of El Paso De Robles
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Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
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Exhibit “B”
Depiction of Grant Deed
(See Attached)
Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
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Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
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EXHIBIT 2
Exhibit “A”
Legal Description of Permanent Access Easement Deed
(See Attached)
Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
RIGHT OF WAY CONTRACT
Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
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Attachment 2
82477.01020\45059256.2
City of El Paso De Robles
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Exhibit “B”
Depiction of Permanent Access Easement Deed
(See Attached)
Attachment 2
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City of El Paso De Robles
RIGHT OF WAY CONTRACT
Attachment 2
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
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PROPERTY EXCHANGE AGREEMENT
This Property Exchange Agreement (“Agreement”), dated for reference purposes only as June 9, 2026 (“Reference Date”), is made by and between the STATE OF CALIFORNIA (“STATE”), acting by and through the 16TH District Agricultural Association (“DISTRICT”) with the approval of the California Department of General Services (“DGS”), and the CITY OF EL PASO DE ROBLES, a municipal corporation (“CITY”). The STATE and CITY are collectively referred to herein as the “PARTIES”. Capitalized terms used in this Agreement shall have the meanings ascribed to them by this section in which such term is first defined.
RECITALS
A. STATE is the owner of that certain real property, commonly known as the Paso Robles Event Center (“State Property”), located in the City of El Paso De Robles, County of San Luis Obispo ("County"), State of California.
B. CITY is the owner of that certain real property consisting of approximately 0.71± acre and which is a portion of the State Property’s Main Parking Lot, located in the City of El Paso De Robles, County of San Luis Obispo, State of California, with Assessor's Parcel Number 008- 174-001 (portion), and is more particularly described and depicted in Exhibits A and B attached hereto and made a part hereof (the "City Exchange Property").
C. In order to carry out its planned project to widen and improve the 24th Street overhead bridge (the “Project”), CITY requires portions of State Property in fee and easement.
D. STATE agrees to grant a nonexclusive easement to CITY for slope maintenance purposes related to drainage and underground drainage facilities consisting of approximately 0.25± acre substantially in the form of Exhibit C, consisting of eight (8) pages attached hereto and made a part hereof (the “First Easement”).
E. CITY desires to acquire from STATE and STATE desires to convey to CITY two fee title portions of the State Property consisting of approximately 0.04± acre and 0.14± acre, respectively, together with all improvements located thereon, as more particularly described and depicted in Exhibits D and E attached hereto and made a part hereof (the “State Exchange Property”), in exchange for the CITY conveying to STATE fee title to the City Exchange Property, together with all improvements located thereon, as more particularly detailed in the Grant Deed substantially in the form attached as Exhibit F (“City Property Deed”). The City Exchange Property and the State Exchange Property shall be collectively referred to herein as the “Exchange Properties”.
F. Upon conveyance of the City Exchange Property to STATE, and concurrent therewith, STATE shall grant a nonexclusive easement to CITY for slope, drainage and underground pipeline facilities over and under the City Exchange Property in the form of Exhibit G, consisting of six (6) pages attached hereto and made a part hereof. (the “Second Easement”).
G. As a condition to the Close of Escrow (as defined below) in favor of CITY, CITY will require a license for temporary access and construction purposes over the City Exchange Property by Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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a Right of Entry, Indemnification and License Agreement substantially in the form of Exhibit H attached hereto and made a part hereof (the “License”).
H. With the approval of the District’s Board of Directors, and in accordance with Section 4051 of the Food and Agriculture Code, STATE is authorized to consummate the transactions contemplated herein.
I. The purpose of this Agreement is to set forth the terms and conditions of the transactions contemplated herein.
NOW THEREFORE, in consideration of the above recitals, all of which are expressly incorporated into this Agreement, and the mutual promises and covenants contained in this Agreement, the PARTIES agree as follows:
AGREEMENT
1. TRANSACTION SUMMARY
a. In accordance with, and subject to the terms and conditions of this Agreement, STATE agrees to convey, transfer, and assign the State Exchange Property by Quitclaim Deed substantially in the form attached as Exhibit I (“State Property Deed”) and the First and Second Easements.
b. In accordance with, and subject to the terms and conditions of this Agreement, CITY agrees to convey, transfer, and assign the City Exchange Property to STATE by the City Property Deed.
c. Concurrently, STATE agrees to provide to CITY, and CITY agrees to purchase from STATE, the License.
d. STATE must formally accept the transfer of fee title to the City Exchange Property by providing to escrow prior to closing a fully executed Certificate of Acceptance to be recorded along with City Property Deed, and CITY must formally accept the transfer of fee title to the State Exchange Property and easement rights in the First and Second Easements by providing to escrow prior to closing fully executed Certificates of Acceptance to be recorded along with the respective State Property Deed and First and Second Easements.
2. VALUATION OF EXCHANGE PROPERTIES. The Parties agree that the exchange of the Exchange Properties is equitable. DGS has concluded the value of the State Exchange Property does not exceed the value of City Exchange Property and, except for DGS Costs set forth in Section 3 below, no monetary consideration will be exchanged in order to exchange the properties.
3. DGS COSTS. CITY shall compensate DGS for staff charges and costs (“DGS Costs”) associated with the exchange of Properties pursuant to the Letter of Commitment to DGS, attached hereto as Exhibit J, outlining the project fees and reimbursables associated with Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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the transaction which were estimated at TWENTY-THREE THOUSAND AND 00/100 DOLLARS ($23,000.00). DGS’s Real Property Services Section Transaction Review Unit’s services will be reconciled, and an invoice will be provided to CITY, and the CITY will submit the actual reimbursable costs into Escrow prior to the Close of Escrow (as defined below).
4. Title and Escrow. Title to the Exchange Properties shall pass immediately upon close of escrow. An escrow has opened with First American Title Company (“Escrow Holder”), located at 504 First Street, Suite B, Paso Robles, California 93446; telephone number:
(805) 227-7321. STATE and CITY agree to execute and deliver to Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the transactions contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control.
The respective preliminary title reports are dated and numbered as follows:
a. State Exchange Property to CITY, APN 008-174-004 (portion). The conveyance shall be free and clear of all liens, leases, reservations, encumbrances, assessments, easements, of record or otherwise, and of taxes, except: Items 2 through 4 of First American Title Company Order Number 4001-7256869 dated April 14, 2025.
b. State Exchange Property to CITY, APN 008-183-023 (portion). The conveyance shall be free and clear of all liens, leases, reservations, encumbrances, assessments, easements, of record or otherwise, and of taxes, except: Items 2 and 3 of First American Title Company Order Number 4001-7264274 dated April 25, 2025.
c. City Exchange Property to STATE, APN 008-174-001 (portion). The conveyance shall be free and clear of all liens, leases, reservations, encumbrances, assessments, easements, of record or otherwise, and of taxes, except: Items 2 through 4 of First American Title Company Order Number 4001-7264271 dated April 25, 2025.
5. Close of Escrow. For purpose of this Agreement, the “Close of Escrow” shall mean the simultaneous recording of the First and Second Easements, the City Property Deed, and the State Property Deed which shall be scheduled to occur on or before July 10, 2026, subject to reasonable extension upon mutual agreement in writing by the PARTIES.
6. Taxes/Assessments/Other Liens.
a. STATE as to the State Exchange Property shall be responsible for all nondelinquent real estate taxes and non-delinquent assessments on State Exchange Property and said taxes and assessments shall be prorated as of 12:01 a.m. on the day of the Close of Escrow based on the actual current tax bill. All delinquent taxes and all delinquent assessments, interest and penalties, including but not limited to amounts due and payable from judgments, liens, or debts secured by deeds of trust or mortgages, if any, on the State Exchange Property shall be paid Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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by STATE into Escrow prior to the Close of Escrow. All supplemental taxes billed after the Close of Escrow for periods prior to the Close of Escrow shall be paid promptly by STATE to CITY. Escrow Holder may expend any or all monies payable by STATE under this Agreement to discharge any obligations which are liens upon the State Exchange Property, including but not limited to those arising from judgments, assessments, taxes, liens, or debts secured by deeds of trust or mortgages. CITY shall not be responsible for any tax refund. b. CITY as to the City Exchange Property shall be responsible for all non-delinquent real estate taxes and non-delinquent assessments on City Exchange Property and said taxes and assessments shall be prorated as of 12:01 a.m. on the day of the Close of Escrow based on the actual current tax bill. All delinquent taxes and all delinquent assessments, interest and penalties, including but not limited to amounts due and payable from judgments, liens, or debts secured by deeds of trust or mortgages, if any, on the City Exchange Property shall be paid by CITY into Escrow prior to the Close of Escrow. All supplemental taxes billed after the Close of Escrow for periods prior to the Close of Escrow shall be paid promptly by CITY to STATE. Escrow Holder may expend any or all monies payable by CITY under this Agreement to discharge any obligations which are liens upon the City Exchange Property, including but not limited to those arising from judgments, assessments, taxes, liens, or debts secured by deeds of trust or mortgages.
STATE shall not be responsible for any tax refund.
7. Title Policy.
a. City Exchange Property. Title to the City Exchange Property shall be evidenced by Escrow Holder's title insurer ("Title Company") issuing its standard California Land Title Association ("CLTA") Owner's Policy of Title Insurance to STATE in an insured amount equal to ONE HUNDRED EIGHTY SEVEN THOUSAND AND NO/100THS DOLLARS ($187,000.00), showing title to the City Exchange Property vested in the State of California, subject only to the State Approved Conditions of Title ("State Title Policy"). CITY shall pay the expense of issuing the State Title Policy.
b. State Exchange Property. Title to the State Exchange Property shall be evidenced by the Title Company issuing its standard CLTA Owner's Policy of Title Insurance to CITY in an insured amount equal ONE HUNDRED FORTY THREE THOUSAND AND NO/100THS DOLLARS ($143,000.00), showing title to the STATE Exchange Property vested in the City of El Paso de Robles, subject only to the City Approved Conditions of Title ("City Title Policy"). CITY shall pay the expense of issuing the CITY Title Policy.
8. Conditions to Close of Escrow.
a. Conditions to CITY’S Obligations. The Close of Escrow and CITY’S obligation to consummate the transactions contemplated in this Agreement is subject to the satisfaction of the following conditions (or CITY’S waiver thereof) for CITY’S benefit Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date:
(1) STATE’S Obligations. STATE shall have timely performed all of the obligations required to be performed by STATE under this Agreement. (2) STATE’S Representations. All representations and warranties made by STATE to CITY in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow.
(3) Title. Immediately upon Close of Escrow, the State Exchange Property shall be conveyed by State Property Deed to CITY, free and clear of liens and encumbrances, subject only to the approved conditions of title identified in Section 4.c above, and the First and Second Easements shall be conveyed to CITY.
(4) Title Insurance. As of the Close of Escrow, Title Company shall have committed to issue the City Title Policy to CITY.
(5) CITY Authorization. The City Council of CITY or its delegated representative shall have approved, in their sole and absolute discretion, this Agreement and the transactions provided for herein. (6) CITY’s Right of Entry. In order to facilitate CITY’s continued entry onto the City Exchange Property following Close of Escrow for the purpose of supporting construction of the Project until no later than June 30, 2031, the STATE and CITY shall enter into the License in substantially the same form attached hereto and incorporated herein as Exhibit H. In the event of an inconsistency between this Agreement and the License, the terms and conditions of this Agreement shall govern and control.
(7) Additional Amounts. CITY shall have timely delivered DGS Costs and other sums owing under this Agreement in good funds to Escrow Holder and fully, faithfully and timely performed all of its other obligations under this Agreement.
b. Conditions to STATE’S Obligations. The Close of Escrow and STATE’S obligation to consummate the transactions contemplated in this Agreement is subject to the satisfaction of the following conditions (or STATE’S waiver thereof) for STATE’S benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date:
(1) CITY’S Obligations. CITY shall have timely performed all of the obligations required to be performed by CITY under this Agreement.
(2) CITY’S Representations. All representations and warranties made by CITY to STATE in this Agreement shall be true and correct on the date hereof Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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and shall be true and correct in all material respects as of the Close of Escrow.
(3) Additional Amounts. CITY shall have timely delivered DGS Costs and other sums owing under this Agreement in good funds to Escrow Holder. (4) Title. Immediately upon Close of Escrow, the City Exchange Property shall be conveyed by City Grant Deed to the State of California, free and clear of liens and encumbrances, subject only to the approved conditions of title identified in Sections 4.a and 4.b above.
(5) Title Insurance. As of the Close of Escrow, Title Company shall have committed to issue the State Title Policy to STATE.
(6) State Authorization. The District’s Board of Directors or its delegated representative shall have approved, in their sole and absolute discretion, this Agreement and the transactions provided for herein. (7) Bankruptcy. There shall not have been filed by or against CITY at any time prior to the Close of Escrow any bankruptcy, reorganization or arrangement petition.
c. Other Conditions to Close of Escrow. The PARTIES shall submit a duly executed License into Escrow prior to the Close of Escrow.
d. Failure of Condition to Close of Escrow. If any of the conditions set forth in Section 8(a), Section 8 (b), and Section 8 (c) are not timely satisfied or waived by the appropriate benefited party for a reason other than the default of STATE or CITY, this Agreement and License shall terminate and the PARTIES shall have no further obligations hereunder.
9. Costs and Expenses. The CITY shall pay all escrow fees, recording fees, if any, title insurance charges, prepayment penalties not to exceed one percent (1%) of the unpaid balance, reconveyance fees, trustees’ or forwarding fees for any reconveyance of deed of trust or release or mortgage incurred in this transaction.
10. Condition and Inspection of Exchange Properties. Notwithstanding any other provision of this Agreement to the contrary, except as expressly set forth in Sections 12 and 13 below, the PARTIES (including their agencies, departments, boards, offices, commissions, officers, directors, employees, agents, and representatives) make no representation or warranty, express or implied, whatsoever regarding the Exchange Properties, the physical condition of the Exchange Properties, their past use, their compliance with laws (including, without limitation, laws governing environmental matters, zoning, and land use), or their suitability for either party’s intended use. The PARTIES are relying solely on their own independent inspection, investigation, and analysis of the Exchange Properties, as it deems necessary or appropriate, in so acquiring the Exchange Properties from one another. CITY and STATE acknowledge and agree that they will rely solely on their own investigations in making their decision to accept the Exchange Properties. CITY and Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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STATE acknowledge and agree that except as otherwise expressly provided in this Agreement, to the maximum extent permitted by law, the conveyance of the Exchange Properties is made on an "As Is," "Where Is" condition, and basis with all faults, and that CITY and STATE have no obligation to make repairs, replacements or improvements to the Exchange Properties, or to remediate the Exchange Properties.
11. CITY’S Representations and Warranties. The representations made by CITY in this Section 12 shall be true when made and shall be deemed to be restated by CITY immediately prior to the Close of Escrow. In consideration of STATE entering into this Agreement and as an inducement to STATE acquiring the City Exchange Property from CITY, CITY makes the following representations and warranties, each of which is material and is being relied upon by STATE (the continued truth and accuracy of which constitutes a condition precedent to STATE’S obligations to Close Escrow hereunder). a. Representations Regarding CITY’S Authority.
(1) CITY has full right, power and legal authority to enter into this Agreement and, subject to the approval of the City Council of CITY or its delegated representative, to consummate the transactions contemplated hereby. (2) The individuals executing this Agreement and the instruments referenced herein on behalf of CITY shall have the legal power, right and actual authority to bind CITY to the terms hereof and thereof. (3) This Agreement is, and all other instruments, documents and agreements required to be executed and delivered by CITY in connection with this Agreement shall be duly authorized, executed and delivered by CITY and shall be valid, legally binding obligations of and enforceable against CITY in accordance with their terms.
(4) To CITY’S actual knowledge, neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreements or instruments to which CITY is a party or affecting the City Exchange Property.
b. Warranties and Representations Pertaining to Real Estate and Legal Matters. To the best of CITY’S knowledge as to the matters set forth in Subparagraphs (1) through (5) below:
(1) There is no suit, action, arbitration, legal, administrative, or other proceeding or inquiry pending against the City Exchange Property or pending against CITY which could affect CITY’s title to the City Exchange Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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Property, affect the value of the City Exchange Property, or subject an owner of the City Exchange Property to liability.
(2) There are no attachments, execution proceedings, or assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against CITY.
(3) CITY has not entered into any other contracts for the sale of the City Exchange Property, nor do there exist any rights of first refusal, reversions, or options to purchase the City Exchange Property or any portion of the City Exchange Property. CITY is not party to nor subject or bound by any agreement, contract, or lease of any kind relating to the City Exchange Property which would impose an obligation on STATE or otherwise affect marketability of title to the City Exchange Property.
(4) As of the Close of Escrow, there shall be no unrecorded leases, licenses or other agreements which would grant any person or entity the right to use or occupy any portion of the City Exchange Property, including any improvements thereon, and no improvements on the City Exchange Property that encroach upon the Property of a third party. (5) There are no and have been no:
(i) actual or pending public improvements which will result in the creation of any liens upon the City Exchange Property, including public assessments or mechanics liens and CITY agrees to indemnify, defend and hold STATE free and harmless from and against any claims, liabilities, losses, costs, damages, expenses and attorneys’ fees arising from any liens, encumbrances or assessments that have been, or may be, imposed upon the City Exchange Property as a consequence of actual or impending public improvements as of the Close of Escrow, including any obligations to pay a fee or assessment for infrastructure to the extent such liability survives or continues after the Close of Escrow, and DISTRICT agrees to cooperate with CITY, at CITY’s costs and to the extent permitted by law, with respect to CITY’s efforts to remove any such liens, fees, assessments, or encumbrances.
(ii) uncured notices from any governmental agency notifying CITY of any violations of law, ordinance, rule, or regulation, including Environmental Laws, occurring on the City Exchange Property. c. Warranties, Representations and Covenants Regarding Operation of the City Exchange Property through Close of Escrow.
(1) CITY hereby agrees that CITY will not hereafter enter into new leases or any other obligations or agreements affecting the City Exchange Property Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
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82477.01020\44342853.1
without the prior written consent of STATE, which consent the STATE may withhold or grant in its absolute discretion.
(2) CITY will not subject the City Exchange Property to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters after the date of this Agreement that will not be eliminated prior to the Close of Escrow.
(3) CITY shall promptly notify STATE of any event or circumstance that makes any representation or warranty of CITY under this Agreement untrue or misleading, or of any covenant of CITY under this Agreement incapable or less likely of being performed. It is understood that the CITY’s obligation to provide notice to STATE shall in no way relieve CITY of any liability for a breach by CITY of any of its representations, warranties or covenants under this Agreement.
12. STATE’S Representations and Warranties. The representations made by STATE in this Section 13 shall be true when made and shall be deemed to be restated by STATE immediately prior to the Close of Escrow. In consideration of CITY entering into this Agreement and as an inducement to CITY acquiring the State Exchange Property from STATE, STATE makes the following representations and warranties, each of which is material and is being relied upon by CITY (the continued truth and accuracy of which constitutes a condition precedent to CITY’S obligations hereunder). a. Representations Regarding STATE’S Authority.
(1) STATE has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby.
(2) Subject to the approval of DGS, the individuals executing this Agreement and the instruments referenced herein on behalf of STATE have the legal power, right, and actual authority to bind STATE to the terms and conditions hereof and thereof.
(3) This Agreement is, and all other instruments, documents and agreements required to be executed and delivered by STATE in connection with this Agreement are and shall be, duly authorized, executed and delivered by STATE and shall be valid, legally binding obligations of and enforceable against STATE in accordance with their terms.
(4) To STATE’S actual knowledge, neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
lease or other agreements or instruments to which STATE is a party or affecting the State Exchange Property.
b. Warranties and Representations Pertaining to Real Estate and Legal Matters. To the best of STATE’S knowledge as to the matters set forth in Subparagraphs (1) through (5) below:
(1) There is no suit, action, arbitration, legal, administrative, or other proceeding or inquiry pending against the State Exchange Property or pending against STATE which could affect STATE’s title to the State Exchange Property, affect the value of the State Exchange Property, or subject an owner of the State Exchange Property to liability. (2) There are no attachments, execution proceedings, or assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against STATE.
(3) STATE has not entered into any other contracts for the sale of the State Exchange Property, nor does there exist any rights of first refusal, reversions, or options to purchase the State Exchange Property or any portion of the State Exchange Property. STATE is not party to nor subject or bound by any agreement, contract, or lease of any kind relating to the State Exchange Property which would impose an obligation on CITY or otherwise affect marketability of title to the State Exchange Property. (4) As of the Close of Escrow, there shall be no unrecorded leases, licenses or other agreements which would grant any person or entity the right to use or occupy any portion of the State Exchange Property, including any improvements thereon, and no improvements on the State Exchange Property that encroach upon the Property of a third party. (5) There are no and have been no:
(i) actual or pending public improvements which will result in the creation of any liens upon the State Exchange Property, including public assessments or mechanics liens and STATE agrees to indemnify, defend and hold CITY free and harmless from and against any claims, liabilities, losses, costs, damages, expenses and attorneys’ fees arising from any liens, encumbrances or assessments that have been, or may be, imposed upon the State Exchange Property as a consequence of actual or impending public improvements as of the Close of Escrow, including any obligations to pay a fee or assessment for infrastructure to the extent such liability survives or continues after the Close of Escrow, and CITY agrees to cooperate with STATE, at STATE’s costs and to the extent permitted by law, with respect to STATE’s efforts to remove any such liens, fees, assessments, or encumbrances.
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
(ii) uncured notices from any governmental agency notifying STATE of any violations of law, ordinance, rule, or regulation, including Environmental Laws, occurring on the State Exchange Property. c. Warranties, Representations and Covenants Regarding Operation of the State Exchange Property through Close of Escrow.
(1) STATE hereby agrees that STATE will not hereafter enter into new leases or any other obligations or agreements affecting the State Exchange Property without the prior written consent of CITY, which consent the CITY may withhold or grant in its absolute discretion.
(2) STATE will not subject the State Exchange Property to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters after the date of this Agreement that will not be eliminated prior to the Close of Escrow.
(3) STATE shall promptly notify CITY of any event or circumstance that makes any representation or warranty of STATE under this Agreement untrue or misleading, or of any covenant of STATE under this Agreement incapable or less likely of being performed. It is understood that the STATE’s obligation to provide notice to CITY shall in no way relieve STATE of any liability for a breach by STATE of any of its representations, warranties or covenants under this Agreement.
13. Additional Terms of Sale.
a. Loss, Destruction and Condemnation. If, before the Exchange Properties are exchanged, all or a material part of the Exchange Properties is destroyed without fault of owner or is taken by eminent domain by any governmental entity, the owner of the undamaged property shall be entitled to terminate all its obligations under this Agreement by written notice to the other party or may negotiate an equitable amendment to the Agreement to offset the loss of property upon mutual written agreement of the PARTIES.
b. Production of Title Records. The PARTIES will cooperate with each other in producing any title evidence requested and will permit examination and inspection of such available deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the Exchange Properties involved, as it may have available.
14. Notices. All notices, statutory notices, demands, statements or communications given or required to be given by either party to the other hereunder shall be in writing, and shall be (i) sent by United States certified or registered mail, postage prepaid, return receipt requested, or (ii) sent by recognized overnight delivery service (such as, but not limited to, Federal Express, DHL or UPS) with tracking capability, or (iii) sent by facsimile transmission, so long as the facsimile machine of the sender produces a written confirmation of such transmission, or (iv) delivered personally, or (v) sent by email, in each Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
case addressed as set forth below, or to such other place as either party may from time to time designate in a notice to the other party. Any notice will be deemed given (a) three (3) business days following the date of deposit with the United States Mail, (b) on the first business day following the date of deposit with a recognized overnight delivery service (delivery charges prepaid or billed to sender) for next business day delivery, (c) on the same day, with a written confirmation produced by the facsimile machine of the sender, and if delivery occurs after 5:00 p.m. in the time zone of the recipient or on a non-business day, then such notice shall be deemed given on the first business day following the date of transmission, (d) on the date personal delivery is made, if given by personal delivery, or (e) on the date of delivery in the case of email, provided that such delivery is reasonably confirmed as received by the recipient (i.e., no error report is received by the sender), and if delivery occurs after 5:00 p.m. in the time zone of the recipient or on a non-business day, then such notice shall be deemed given on the first business day following the date of transmission.
TO STATE:
State of California
16th District Agricultural Association
2198 Riverside Avenue
P.O. Box 8
Paso Robles, CA 93447
Attention: Colleen Bojorquez, Chief Executive Director
WITH A COPY TO:
State of California
Department of General Services
707 Third Street, 5th floor (MS 505)
West Sacramento, California 95605
Attention: RESD/RPSS – Transaction Review & Due Diligence TO CITY:
City of El Paso De Robles
100 Spring Street
Paso Robles, CA 93446
Attention: Chris Huot, City Manager
15. Assignment. CITY shall have the right to assign its interest under this Agreement at any time prior to the Close of Escrow; provided, however, that any valid assignment shall not relieve CITY from the performance of its duties and obligations or of its representations and warranties, hereunder. Written notice of any intended assignment by either party shall be given to the other party thirty (30) days prior to the effective date of assignment.
16. Miscellaneous.
a. Calculation of Time. Under this Agreement, when the day upon which performance would otherwise be required or permitted is a Saturday, Sunday or holiday, then the time for performance shall be extended to the next day which is not a Saturday, Sunday or holiday. The term “holiday” shall mean all and only Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
those State holidays specified in Sections 6700 and 7701 of the California Government Code.
b. Time of Essence. Time is of the essence of this Agreement and each and every provision hereof.
c. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the PARTIES to create the relationship of principal and agent, a partnership, joint venture or any other association between STATE and CITY. d. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
e. Waiver. The waiver by any party to this Agreement of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any provision of this Agreement. f. Entire Agreement. This Agreement shall constitute the entire understanding and agreement of the PARTIES hereto regarding the transfer and conveyance of the Exchange Properties and all prior agreements, understandings, representations or negotiations are hereby superseded, terminated and canceled in their entirety, and are of no further force or effect.
g. Amendments. This Agreement may not be modified or amended except in writing signed by the PARTIES and, if required, authorized and approved by DGS. h. Applicable Law. The PARTIES hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The PARTIES hereto expressly agree that this Agreement shall in all respects be governed by the laws of the State of California.
i. Severability. Nothing contained herein shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present statute, law, ordinance or regulation as to which the PARTIES have no legal right to contract, the latter shall prevail, but the affected provisions of this Agreement shall be limited only to the extent necessary to bring them within the requirements of such law. j. Legislative Approval. Any obligation of the STATE created by or arising from this Agreement shall not impose a debt upon the STATE, but shall be payable solely out of funds duly authorized and appropriated by the California State Legislature. k. Authorization, Approvals, Binding Nature. This Agreement has no force and effect and is not binding on the State of California until and unless it is approved by DGS [Government Code section 11005].
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
l. Separate Counterparts. This Agreement may be executed in separate counterparts each of which when so executed shall be deemed to be an original.
Such counterparts shall, together, constitute and be one and the same instrument.
Executed counterparts may be delivered by e-mail transmission with originals to be delivered by overnight delivery.
m. Captions, Number and Gender. The captions appearing at the commencement of the paragraphs, subparagraphs and sections hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the article, paragraph or subparagraph at the head of which it appears the article, paragraph or subparagraph and not the caption shall control and govern the construction of this Agreement. In this Agreement, the masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others whenever the context so requires.
n. Survival. All terms and conditions in this Agreement, which represent continuing obligations and duties of the PARTIES, that have not been satisfied prior to Close of Escrow shall survive Close of Escrow and transfer of title to STATE and shall continue to be binding on the respective obligated party in accordance with their terms. All representations and warranties and statements made by the respective PARTIES contained herein or made in writing pursuant to this Agreement are intended to be, and shall remain, true and correct as of the Close of Escrow, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective PARTIES contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Close of Escrow, or, to the extent the context requires, beyond any termination of this Agreement.
o. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the grantees, transferees, successors and permitted assigns of the PARTIES hereto.
p. Further Action. Each party hereto shall, before the Close of Escrow, duly execute and deliver such papers, documents and instruments and perform all acts reasonably necessary or proper to carry out and effectuate the terms of this Agreement.
q. Facsimile Signatures. Facsimile signatures shall not be accepted unless prior agreement is obtained in writing by both PARTIES. If agreed that facsimile signatures are acceptable, they will be treated as original signatures; however, in no instance shall facsimile signatures be accepted on any document to be recorded. Such documents must bear original signatures. Once this Agreement is fully executed by all PARTIES, the PARTIES may circulate a fully executed copy to all PARTIES via electronic means.
r. Exhibits. The following Exhibits are attached to this Agreement and incorporated by reference herein.
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.8.26)
82477.01020\44342853.1
Exhibit A. Legal Description of CITY Exchange Property
Exhibit B. Map of CITY Exchange Property
Exhibit C: Form of First Easement
Exhibit D. Legal Description of State Exchange Property Exhibit E: Map of State Exchange Property
Exhibit F: Form of City Property Deed
Exhibit G: Form of Second Easement
Exhibit H: Form of License
Exhibit I: Form of State Property Deed
Exhibit J: Letter of Commitment
[Signatures to Follow on Next Page]
Attachment 3
Agency: 16'hDistrictAgriculturalAssociation
Project Name: 24'h Street Bridge Project Land Exchange
FISCAL No: 11397
Project File No: TR22-0351
IN WITNESS WHEREOF, the PARTIES have executed this Agreement.
CITY OF EL PASO DE ROBLES, a municipal corporation
By: ChrisHuot(Junl6,202614:2942PDT)
Chris Huot, City Manager
Date: Jun 16, 2026
Approved as to form:
84tafl
Elizabelh Wagner Hull (Jun 16, 202814 27 38 PDT)
Elizabeth Hull, City Attorney
STATE:
AUTHORIZED PER FOOD AND AGRICULTURAL
CODE §4051
16TH DISTRICT AGRICULTURAL
ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
Date:
APPROVED PER GOVERNMENT CODE §11006
STATE OF CALIFORNIA
Department of General Services
BY: Date:
Michael P. Butler, Chief
Real Property Services Section
Exchange Agreement (V6.8.26)
82477 0 102(144342853 I
Attachment 3
Attachment 3
Agency: 16'hDistrictAgriculturalAssociation
Project Name: 24'h Street Bridge Project Land Exchange
FISCAL No: 11397
Project File No: TR22-0351
IN WITNESS WHEREOF, the PARTIES have executed this Agreement.
CITY:
CITY OF EL PASO DE ROBLES, a municipal corporation
BY:
Chris Huot, City Manager
Approved as to form:
Elizabeth Hull, City Attorney
STATE:
AUTHORIZED PER FOOD AND AGRICULTURAL
CODE §4051
16TH DISTRICT AGRICULTURAL
ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
APPROVED PER GOVERNMENT CODE §11005
STATE OF CALIFORNIA
Department of General Services
Mjc h a e j P, Digitally signed by Michael P. Butler
Date: 2026.06.18 TO:C)T:43
By-. Butler nz'nn'
Michael P. Butler, Chief
Real Property Services Section
Date:
Date:
Date:
Exchange Agreement (V6.8 26)
82477 01020S44342853 l
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT A
Legal Description of City Exchange Property
(Attached Behind this Page)
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐174‐001 Portion)
Those portions of Lot 6 in Block 200 and the (Old) Southern Pacific Railroad Right of Way in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at
municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, all records of the County Recorder of the County of San Luis Obispo, State of California, lying southerly of the following described line:
Commencing at the southwest corner of the parcel described in said Grant Deed shown as being marked by a 5/8” Rebar with plastic cap stamped LS 8372 at the westerly terminus of the course labelled “S 87°35’31”W 52.84’ (M)” on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, records of said County;
Thence North 01°58'42" West along the westerly line of said Grant Deed as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Map of the City of Paso Robles, said point being the Point of Beginning; Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Terminus.
Contains 0.71 Acres, more or less.
The Parcel described hereinabove is shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside CITY TO STATE Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT B
Map of City Exchange Property
(Attached Behind this Page)
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
RADIAL N 67° 50' 07" W
S 7° 59' 32" E (123/LS/94) 433/OR/183
Paso Robles Event Center
(State of California)
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40'
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 1
1375-0001 1375-0001 Riverside CITY TO STATE Exhibit -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.71 ACRES, MORE OR LESS
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT C
Form of First Easement
(Attached Behind this Page)
Attachment 3
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of El Paso De Robles
1000 Spring Street
Paso Robles, CA 93446
WITH COPY TO:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
ATTN: RPSS TRANSACTION REVIEW
707 THIRD STREET, 5TH FLOOR
WEST SACRAMENTO, CA 95605
OFFICIAL STATE BUSINESS
NO RECORDING FEES
Per Government Code Section §27383 and 27388.1
NO DOCUMENTARY TRANSFER TAX
Per Revenue and Taxation Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
AGREEMENT AND GRANT OF EASEMENT
SLOPE AND UNDERGROUND DRAINAGE
AGENCY: 16th District Agricultural
Association
PROJECT: 24th Street Bridge Project Land
Exchange
DGS FILE: TR22-0351
PROJECT NO.: 11397
Portion of San Luis Obispo County APN: 008-174-004
THIS AGREEMENT AND GRANT OF EASEMENT (“Easement”) is made and entered into on _______________, 2026 by and between the 16TH District Agricultural Association, an agency of the State of California, with the approval of the Director of the California Department of General Services (collectively “State”) and the City of El Paso de Robles, a municipal corporation (“Grantee”).
STATE, pursuant to the provisions of the State of California Food and Agriculture Code Section 4051(a)(10), hereby grants unto Grantee, its successors and assigns forever, a nonexclusive easement to grade, cut, fill, slope, locate, relocate, construct, reconstruct, alter, use, maintain, inspect, repair, and remove slope and underground drainage facilities together with appurtenant manholes and other fixtures deemed necessary therefor by Grantee for slope and water drainage purposes, with the right of ingress and egress, over, on, under and across that certain real property situated in the County of San Luis Obispo, State of California, as described in Exhibit A, consisting of two (2) pages, and depicted on Exhibit B, consisting of two (2) pages, both attached hereto and by reference are made a part hereof (“Easement Area”).
This Easement is subject to the terms, conditions, limitations, and covenants in Exhibit C, consisting of two (2) pages, attached hereto and by this reference made a part hereof, which Attachment 3
shall run with the Easement granted herein, and the Grantee successors and assigns, by acceptance of this Easement agrees to abide by, perform and observe each and all of said terms, conditions, limitations, and covenants set forth therein.
This Easement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same document.
IN WITNESS WHEREOF, the STATE and GRANTEE have each caused this Easement to be duly executed as of the Effective Date.
STATE:
16TH DISTRICT AGRICULTURAL ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
APPROVAL PER GOVERNMENT CODE §11005
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
ANA M. LASSO, DIRECTOR
BY:
MICHAEL BUTLER, CHIEF
REAL PROPERTY SERVICES SECTION
GRANTEE:
CITY OF EL PASO DE ROBLES, a municipal
corporation
BY:
Chris Huot, City Manager
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (008‐171‐004 Portion)
That portion of Block 219 in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at Page 169 and shown on the Record of Survey Map #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, all records of the County Recorder of the County of San Luis Obispo, State of California, more particularly described as follows:
Commencing at the southwest corner of the parcel described in the Grant Deed from Bernice Ruth Grubb to the City of El Paso de Robles, a municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” at the westerly terminus of the course labelled “S 87°35’31”W
52.84’ (M)” on said Record of Survey;
Thence North 01°58'42" West along the westerly line of said Grant Deed, as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Record of Survey;
Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and the (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map;
Thence continuing North 86°28'51" East, a distance of 28.44 feet to the Point of Beginning; Thence continuing North 86°28'51" East, a distance of 57.70 feet to a point on the westerly right of way line of Riverside Avenue shown as being 80 feet wide on said Record of Survey, which bears South 7°59’32” East along said westerly line of Riverside Avenue, a distance of 95.07 feet from the southeast corner of Parcel A of the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey; Thence South 07°59'32" East along said westerly right of way of Riverside Avenue, a distance of 131.96 feet;
Thence South 88°01'18" West, a distance of 50.10 feet;
Thence North 00°03'11" West, a distance of 40.01 feet;
Attachment 3
Thence South 55°10'45" West, a distance of 175.21 feet to a point on said easterly line of the (Old) Southern Pacific Railroad as shown on said Record of Survey, said point being the beginning of a curve concave to the southeast having a radius of 2241.85 feet and a central angle of 0°29'26" from which a radial line bears South 64°11’07” East;
Thence northeasterly along said curve and easterly line of the (Old) Southern Pacific Railroad, a distance of 19.19 feet;
Thence continuing North 26°18'18" East along said easterly line of the (Old) Southern Pacific Railroad, a distance of 42.79 feet;
Thence leaving said easterly line North 55°10'45" East, a distance of 141.81 feet; Thence North 00°03'11" West, a distance of 25.76 feet;
Thence South 88°01'18" West, a distance of 25.76 feet;
Thence North 00°03'26" West, a distance of 27.47 feet to the Point of Beginning.
Contains 0.25 Acres, more or less.
The Parcels described hereinabove are shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside STATE TO CITY Easement Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E 186.59'
S 69° 52' 59" E RADIAL
RADIAL N 67° 50' 07" W
S 7° 59' 32" E (123/LS/94)
433/OR/183
(State of California)
Paso Robles Event Center
POINT OF
COMMENCEMENT
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles
N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40'
99.55' N 1° 58' 42" W 258.75' L35
L36 L37
L38
L39
L40 L41
L42
L43
L44
L46
L47
S 64° 11' 07" E C39
RADIAL
PARCEL A
POINT OF
BEGINNING
PARCEL A
1123/OR/371
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A" EASEMENT
SHEET 1 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Easement Exhibits -BD 10-05-2023.dwg BD 10/05/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.25 ACRES, MORE OR LESS
Attachment 3
CURVE TABLE
CURVE
C39
ARC
LENGTH
19.19'
RADIUS
2241.85'
DELTA
0° 29' 26"
CHORD
BEARING
S26° 03' 35"W
CHORD
LENGTH
19.19'
LINE TABLE
LINE
L35
L36
L37
L38
L39
L40
L41
L42
L43
L44
L46
L47
LENGTH
27.47'
25.76'
25.76'
141.81'
131.96'
50.10'
40.01'
175.21'
57.70'
28.44'
95.07'
42.79'
BEARING
S0° 03' 26"E
N88° 01' 18"E
N0° 03' 11"W
N55° 10' 45"E
S7° 59' 32"E
S88° 01' 18"W
N0° 03' 11"W
S55° 10' 45"W
S86° 28' 51"W
N86° 28' 51"E
N7° 59' 32"W
S26° 18' 18"W
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
LINE AND CURVE DATA
SHEET 2 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Easement Exhibits -BD 10-03-2023.dwg BD 10/3/23
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Attachment 3
EXHIBIT C
TERMS, CONDITIONS, LIMITATIONS AND COVENANTS
PROVIDED, this Easement is subject to the following terms, conditions, limitations, and covenants:
1. This Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property, and the use of the word “Grant” herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee waives all claims against State, its officers, agents, employees and invitees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to protect, save harmless, indemnify, and defend State, its officers, agents, employees, and invitees from any and all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses related to the response to, settlement of, or defense of any claims or liability, which may be suffered or incurred by State, its officers, agents, employees and invitees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder.
4. State reserves the right to require Grantee, at State’s expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by State that the same interfere with future development or use of State’s property. Within 180-days after State’s written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of State, as designated by State, and State shall furnish Grantee, with an Easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to State the Easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of 18-months to use this Easement for the purposes herein granted. Upon such termination Grantee shall forthwith upon service of written demand, deliver to State, at no cost to State a quitclaim deed, to its right, title and interest hereunder. Should Grantee fail or refuse to deliver said quitclaim deed, State may record in the Recorder’s Office of the County in which said real property is located, a written notice reciting said failure, and such recordation shall, after 10-days from the recordation of said notice, be conclusive evidence of such termination against Grantee.
Grantee shall, upon State’s request, without cost to State, and within 90-days from written demand by State, remove all property placed by or for Grantee upon said real property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, State may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
6. In performing any work, including excavation, on said real property of State, Grantee shall take all reasonable measures to make the same in such manner will cause the least injury to the surface of the ground around such excavation, and replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition Attachment 3
EXHIBIT C
TERMS, CONDITIONS, LIMITATIONS AND COVENANTS
as they were immediately prior to commencement of Grantee activities pursuant to this Easement as is practicable.
End of Exhibit C - Terms, Conditions, Limitations, and Covenants Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT D
Legal Description of STATE Exchange Property
(Attached Behind this Page)
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐183‐023 Portion)
Those portions of Block 223 and Riverside Farm Lot 4 in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at Page 169 and shown on the Record of Survey Map #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, also being a portion of Block 2 of Wells Subdivision of Part of Riverside Farm Lot 4 per Map filed in Book B of Maps, at
northerly of the following described line:
Commencing at the Northwest corner of the parcel described as Parcel B of the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County;
Thence South 07°59'32" East along the easterly right of way line of Riverside Avenue shown as being 80 feet wide on said Record of Survey, a distance of 40.00 feet to the southerly corner of said Parcel B shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey;
Thence continuing South 07°59'32" East along said easterly right of way line of Riverside Avenue, a distance of 75.32 feet to the Point of Beginning;
Thence leaving said easterly right of way line the following courses:
Thence North 0°28'26" East, a distance of 17.24 feet;
Thence North 08°14'04" East, a distance of 22.08 feet;
Thence North 07°56'52" East, a distance of 18.17 feet;
Thence North 24°28'54" East, a distance of 11.66 feet;
Thence North 31°20'09" East, a distance of 22.75 feet;
Thence North 32°18'03" East, a distance of 13.33 feet;
Thence North 40°02'17" East, a distance of 9.38 feet;
Thence North 41°49'47" East, a distance of 14.96 feet to a point on the southerly line of the parcel described in the Grant Deed to the 16th District Agricultural Association, an agency of the State of California recorded May 8, 1961 in Book 1122 of Official Records, at Page 279, records of said County from which the most easterly corner of said Parcel B shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey bears South 87°39'51" West along said southerly line, a distance of 21.69 feet, said point being the Point of Terminus; Attachment 3
EXCEPT THEREFROM that portion of said Block 223 described in Parcel B the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at
Contains 0.04 Acres, more or less.
Parcel B: (APN 008‐171‐004 Portion)
That portion of Block 219 in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at Page 169 and shown on the Record of Survey Map #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, all records of the County Recorder of the County of San Luis Obispo, State of California, lying northerly of the following described line:
Commencing at the southwest corner of the parcel described in the Grant Deed from Bernice Ruth Grubb to the City of El Paso de Robles, a municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” at the westerly terminus of the course labelled “S 87°35’31”W
52.84’ (M)” on said Record of Survey;
Thence North 01°58'42" West along the westerly line of said Grant Deed, as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Record of Survey;
Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and the (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Beginning; Thence continuing North 86°28'51" East, a distance of 86.14 feet to a point on the westerly right of way line of Riverside Avenue shown as being 80 feet wide on said Record of Survey, which bears South 7°59’32” East along said westerly line of Riverside Avenue, a distance of 95.07 feet from the southeast corner of Parcel A of the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey, said point being the Point of Terminus.
EXCEPT THEREFROM any portion of said Block 219 lying northerly of the easterly prolongation of the northerly right of way line of 24th Street as shown as being 80’ wide on said Map of Paso Robles, records of said County.
Attachment 3
ALSO EXCEPT THEREFROM that portion of said Block 219 described in the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County.
Contains 0.14 Acres, more or less.
The Parcels described hereinabove are shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside STATE TO CITY Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT E
Map of STATE Exchange Property
(Attached Behind this Page)
Attachment 3
RIVERSIDE AVENUE
S 87° 39' 51" W
N 39° 50' 10" E 53.71'
40.00'
40.00'
S 7° 59' 32" E (123/LS/94)
POINT OF
TERMINUS
80' 40' 40'
S 41° 49' 47" W
14.96'
S 32° 18' 03" W
13.33'
S 31° 20' 09" W
22.75'
N 24° 28' 54" E
11.66'
S 7° 56' 52" W
18.17'
S 8° 14' 04" W
22.08'
N 40° 02' 17" E
9.38'
S 0° 28' 26" W
17.24'
N 87° 39' 51" E
21.69'
S 39° 50' 10" W 53.71'
S 7° 59' 32" E 75.32'
POINT OF BEGINNING
POINT OF
COMMENCEMENT
PARCEL B
1123/OR/371
PARCEL A 1123/OR/371
PARCEL A
PARCEL B
SEE SHEET 2 OF 2
24TH STREET 1122/OR/279 (STATE OF CALIFORNIA)
433/OR/183
Paso Robles Event Center
(State of California)
Paso Robles Event Center
(State of California)
24TH STREET
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON. T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Exhibit PARCEL A -BD 10-05-2023.dwg BD 10/03/2023
1" = 40'
N
0 (IN FEET)
GRAPHIC SCALE
40 80
1 IN = 40 FT
20 LEGEND
LEGAL DESCRIPTION AREA
0.04 ACRES, MORE OR LESS
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
S 7° 59' 32" E (123/LS/94) 433/OR/183
(State of California)
Paso Robles Event Center
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF
BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles
N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40' N 1° 58' 42" W 258.75'
PARCEL B
PARCEL A
SEE SHEET
1 OF 2
N 86° 28' 51" E
86.14'
N 7° 59' 32" W 95.07'
PARCEL A
1123/OR/371
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "B"
SHEET 2 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Exhibit PARCEL B -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.14 ACRES, MORE OR LESS
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT F
Form of City Property Deed
(Attached Behind this Page)
Attachment 3
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
STATE OF CALIFORNIA
Department of General Services
Real Estate Services Division
707 Third Street, 5th Floor
West Sacramento, CA 95605
Attn: RPSS Transaction Review Unit
OFFICIAL STATE BUSINESS – EXEMPT FROM RECORDING
FEES PURSUANT TO GOV’T CODE §27383 AND 27388.1 AND
DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE
AND TAXATION CODE §11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
Agency: 16th District Agricultural Association
Project: 24th Street Bridge Project Land Exchange
DGS File: TR22-0351
FISCAL ID: 11397
Portion of San Luis Obispo County APN: 008-174-001
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of El Paso de Robles, a municipal corporation, hereby grants to the STATE OF CALIFORNIA, acting by and through the 16th District Agricultural Association, all of that certain real property situated in the City of El Paso de Robles, County of San Luis Obispo, State of California, more fully described in EXHIBIT A, consisting of one (1) page, and depicted on Exhibit B, consisting of one (1) page, both attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the undersigned has caused this Grant Deed to be executed this _______day of __________ 2026.
CITY OF EL PASO DE ROBLES, a municipal corporation
By: _____________________________________
Chris Huot, City Manager
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐174‐001 Portion)
Those portions of Lot 6 in Block 200 and the (Old) Southern Pacific Railroad Right of Way in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at
municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, all records of the County Recorder of the County of San Luis Obispo, State of California, lying southerly of the following described line:
Commencing at the southwest corner of the parcel described in said Grant Deed shown as being marked by a 5/8” Rebar with plastic cap stamped LS 8372 at the westerly terminus of the course labelled “S 87°35’31”W 52.84’ (M)” on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, records of said County;
Thence North 01°58'42" West along the westerly line of said Grant Deed as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Map of the City of Paso Robles, said point being the Point of Beginning; Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Terminus.
Contains 0.71 Acres, more or less.
The Parcel described hereinabove is shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside CITY TO STATE Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
RADIAL N 67° 50' 07" W
S 7° 59' 32" E (123/LS/94) 433/OR/183
Paso Robles Event Center
(State of California)
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40'
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 1
1375-0001 1375-0001 Riverside CITY TO STATE Exhibit -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.71 ACRES, MORE OR LESS
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT G
Form of Second Easement
(Attached Behind this Page)
Attachment 3
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of El Paso De Robles
1000 Spring Street
Paso Robles, CA 93446
WITH COPY TO:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
ATTN: RPSS TRANSACTION REVIEW
707 THIRD STREET, 5TH FLOOR
WEST SACRAMENTO, CA 95605
OFFICIAL STATE BUSINESS
NO RECORDING FEES
Per Government Code Section §27383 and 27388.1
NO DOCUMENTARY TRANSFER TAX
Per Revenue and Taxation Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
AGREEMENT AND GRANT OF EASEMENT
SLOPE, DRAINAGE AND UNDERGROUND PIPELINE
AGENCY: 16th District Agricultural
Association
PROJECT: 24th Street Bridge Project Land
Exchange
DGS FILE: TR22-0351
PROJECT NO.: 11397
Portion of San Luis Obispo County APN: 008-174-001
THIS AGREEMENT AND GRANT OF EASEMENT (“Easement”) is made and entered into on _______________, 2026 by and between the 16TH District Agricultural Association, an agency of the State of California, with the approval of the Director of the California Department of General Services (collectively “State”) and the City of El Paso de Robles, a municipal corporation (“Grantee”).
STATE, pursuant to the provisions of the State of California Food and Agriculture Code Section 4051(a)(10), hereby grants unto Grantee, its successors and assigns forever, a nonexclusive easement to grade, cut, fill, slope, locate, relocate, construct, reconstruct, alter, use, maintain, inspect, repair, and remove the existing slope and drainage facilities and underground pipeline now in place on the easement property, together with appurtenant manholes and other fixtures deemed necessary therefor by Grantee for slope and drainage purposes, with the right of ingress and egress, over, on, under and across that certain real property situated in the County of San Luis Obispo, State of California, as described in Exhibit A, consisting of one (1) page, and depicted on Exhibit B, consisting of one (1) page, both attached hereto and by reference are made a part hereof (“Easement Area”).
This Easement is subject to the terms, conditions, limitations, and covenants in Exhibit C, consisting of two (2) pages, attached hereto and by this reference made a part hereof, which Attachment 3
shall run with the Easement granted herein, and the Grantee successors and assigns, by acceptance of this Easement agrees to abide by, perform and observe each and all of said terms, conditions, limitations, and covenants set forth therein.
This Easement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same document.
IN WITNESS WHEREOF, the STATE and GRANTEE have each caused this Easement to be duly executed as of the Effective Date.
STATE:
16TH DISTRICT AGRICULTURAL ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
APPROVAL PER GOVERNMENT CODE §11005
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
ANA M. LASSO, DIRECTOR
BY:
MICHAEL BUTLER, CHIEF
REAL PROPERTY SERVICES SECTION
GRANTEE:
CITY OF EL PASO DE ROBLES, a municipal
corporation
BY:
Chris Huot, City Manager
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐174‐001 Portion)
Those portions of Lot 6 in Block 200 and the (Old) Southern Pacific Railroad Right of Way in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at
municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, all records of the County Recorder of the County of San Luis Obispo, State of California, lying southerly of the following described line:
Commencing at the southwest corner of the parcel described in said Grant Deed shown as being marked by a 5/8” Rebar with plastic cap stamped LS 8372 at the westerly terminus of the course labelled “S 87°35’31”W 52.84’ (M)” on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, records of said County;
Thence North 01°58'42" West along the westerly line of said Grant Deed as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Map of the City of Paso Robles, said point being the Point of Beginning; Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Terminus.
Contains 0.71 Acres, more or less.
The Parcel described hereinabove is shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside CITY TO STATE Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
RADIAL N 67° 50' 07" W
S 7° 59' 32" E (123/LS/94) 433/OR/183
Paso Robles Event Center
(State of California)
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40'
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 1
1375-0001 1375-0001 Riverside CITY TO STATE Exhibit -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.71 ACRES, MORE OR LESS
Attachment 3
EXHIBIT C
TERMS, CONDITIONS, LIMITATIONS AND COVENANTS
PROVIDED, this Easement is subject to the following terms, conditions, limitations, and covenants:
1. This Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property, and the use of the word “Grant” herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee waives all claims against State, its officers, agents, employees and invitees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to protect, save harmless, indemnify, and defend State, its officers, agents, employees, and invitees from any and all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses related to the response to, settlement of, or defense of any claims or liability, which may be suffered or incurred by State, its officers, agents, employees and invitees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of State.
3. State reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder.
4. State reserves the right to require Grantee, at State’s expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by State that the same interfere with future development or use of State’s property. Within 180-days after State’s written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of State, as designated by State, and State shall furnish Grantee, with an Easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to State the Easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of 18-months to use this Easement for the purposes herein granted. Upon such termination Grantee shall forthwith upon service of written demand, deliver to State, at no cost to State a quitclaim deed, to its right, title and interest hereunder. Should Grantee fail or refuse to deliver said quitclaim deed, State may record in the Recorder’s Office of the County in which said real property is located, a written notice reciting said failure, and such recordation shall, after 10-days from the recordation of said notice, be conclusive evidence of such termination against Grantee.
Grantee shall, upon State’s request, without cost to State, and within 90-days from written demand by State, remove all property placed by or for Grantee upon said real property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, State may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
6. In performing any work, including excavation, on said real property of State, Grantee shall take all reasonable measures to make the same in such manner will cause the least injury to the surface of the ground around such excavation, and replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition Attachment 3
EXHIBIT C
TERMS, CONDITIONS, LIMITATIONS AND COVENANTS
as they were immediately prior to commencement of Grantee activities pursuant to this Easement as is practicable.
End of Exhibit C - Terms, Conditions, Limitations, and Covenants Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT H
Form of License
(Attached Behind this Page)
Attachment 3
RIGHT OF ENTRY, INDEMNIFICATION AND LICENSE AGREEMENT
Location of Licensed Premises: Project:
Paso Robles Event Center Main Parking Lot 24th Street Bridge Project Land Exchange Agency: DGS File No.: Project No.:
16th District Agricultural Association TR 22-0351 11397 This Right of Entry, Indemnification and License Agreement (“License”), dated for reference purposes only as ____________, 2026 is by and between the State of California (“STATE”), acting by and through the 16TH District Agricultural Association (“DISTRICT”) with the approval of the California Department of General Services (“DGS”), and the CITY OF EL PASO DE ROBLES, a municipal corporation (“CITY”). STATE and CITY are hereinafter collectively referred to as the “PARTIES.”
RECITALS
WHEREAS, pursuant to Food and Agricultural Code Section 4051(a)(10) DISTRICT may exchange or convey any interest in real property with the approval of DGS.
WHEREAS, in order for CITY to carry out its planned project to widen and improve the 24th Street overhead bridge (the “Project”), the PARTIES entered into that certain Property Exchange Agreement, dated for reference purposes only as _______________ (the “Agreement”), attached to this License as Exhibit C, for the exchange of real property as depicted and more particularly described therein. The Agreement is hereby incorporated herein as though fully set forth herein. All capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, in accordance with the terms and conditions of the Agreement, CITY conveyed to STATE and STATE accepted from CITY fee title interest of certain real property (“License Area”).
WHEREAS, in accordance with the terms and conditions of the Agreement, STATE is obligated to provide the License for temporary access and construction purposes for five (5) years.
WHEREAS, the License Area consists of approximately 0.71± acre, together with the improvements thereon, located at the Paso Robles Event Center Main Parking Lot in the City of El Paso De Robles, County of San Luis Obispo, State of California, Assessor's Parcel Number 008-174-001 (portion), and as more particularly described in and depicted on Exhibit “A” and “B” respectively, attached hereto and made a part hereof.
WHEREAS, in accordance with the terms and conditions of the Agreement, concurrently with the conveyance of the fee title to the License Area from CITY to STATE, STATE shall license back to CITY the License Area in accordance with the terms of this License.
NOW, THEREFORE, in consideration of the above recitals, all of which are expressly incorporated into this License, and the mutual promises and covenants contained herein, this temporary License is granted subject to the following terms and conditions.
AGREEMENT
The Parties mutually agree to this License subject to the following provisions:
1. Grant of License. STATE grants to CITY, its employees, agents, consultants, representatives, invitees, contractors, and assigns a nonexclusive license to enter upon License Area for the purposes of access, ingress and egress and to use the License Area.
Attachment 3
2. Use. CITY shall use License Area for the temporary placement of construction trailers, staging, storage, and laydown in support of its Project construction activities at no cost or expense to STATE. a. CITY acknowledges that CITY’s use of the License Area for construction activities may be sporadic during the term of this License. CITY further acknowledges STATE’s use and purpose of the License Area is for public parking during state fairs, and that it is CITY’s intent to minimize interference of STATE’s and public’s use of the License Area for parking purposes during state fair times. Accordingly, CITY agrees to reasonably coordinate its activity with STATE to use reasonable efforts to minimize any impairment, impact, inconvenience to or disruption of STATE’s and public’s access and use of the License Area during state fairs.
b. CITY’s use of the License Area shall not materially interfere with the STATE’s access, use, occupancy and operation of the STATE’s real property adjacent to the License Area. c. During periods of CITY’s use of the License Area for construction activities, CITY will secure the area with a chain link construction fence, covered with a green screen. d. CITY shall ensure that the fencing and green screen are kept free and clear of any unnecessary or unauthorized signage, street art, and vandalism and CITY shall keep the fencing and green screen in good repair and condition.
e. When being used for construction activities, CITY shall be solely responsible for securing the License Area and shall provide for site security at its sole cost and expense. CITY shall ensure that its security service coordinates with DISTRICT and does not adversely impact the DISTRICT’s security team activities and responsibilities. CITY shall take measures to ensure reasonable and safe pedestrian circulation around the License Area. f. CITY, through its construction contractor, will utilize all construction means and methods to mitigate against noise, light, and dust pollution during construction activities. g. CITY, at its sole cost and expense, shall be responsible for the provision of any and all utilities necessary for the License Area during its construction activities for the term of this License.
3. Term. This License shall commence on _______________, and runs for a period of five (5) years, expiring on _________________ (“Initial Term”). CITY has an option, but not an obligation, to extend this License for an additional amount of time as mutually agreed upon in writing by both PARTIES.
CITY shall request such extension in writing. Any approved extension shall be in STATE’s sole discretion and memorialized in a writing executed by both PARTIES. If this License is extended beyond the Initial Term, in addition to DGS labor costs, CITY shall pay the STATE the then current License rental rate as determined by a DGS approved appraisal provided to STATE at no cost by CITY.
4. Cooperation. Prior to any entry upon STATE’s property for any of the purposes herein set forth, CITY shall notify DISTRICT by providing 48-hours written notice to the authorities in charge of DISTRICT’s property.
a. CITY agrees to abide by any directions and/or restrictions that may be imposed by the authorities in charge of STATE’s facility and that access to the STATE’s property may be further restricted by said authorities in the event of emergency conditions. b. CITY shall conduct all its permitted activities herein so as to protect the health, safety, and well-being of those on STATE’s property including, but not limited to employees, contractors, invitees, guests, members of the public, and others.
5. Existing Agreements. This License is subject to existing contracts, leases, licenses, encumbrances and claims which may affect said real property.
6. Compliance with Laws. CITY shall conduct all activities in compliance with all applicable federal, state, and municipal statutes and ordinances, and with all regulations, orders, and directives of appropriate governmental agencies (“Laws and Regulations”), as such Laws and Regulations exist at the time of the activities.
Attachment 3
7. Property Damage. CITY will ensure reasonable precautions will be exercised to avoid damage and protect persons and property while engaging in activities authorized under this License. CITY shall protect STATE’s property, including all improvements, at all times at CITY’s sole cost and expense.
CITY shall adhere to the following restrictions:
a. CITY shall not cut, prune or remove any vegetation upon STATE’s property except as identified in the project description and herein permitted or subsequently approved in writing;
b. CITY shall not commit or create, or suffer to be committed or created, any waste, hazardous condition or nuisance in, on, under, above or adjacent to STATE’s property; c. CITY shall not use, create, store, possess or dispose of hazardous substances (as defined in the California Hazardous Substances Act) on STATE’s property except as herein permitted, or subsequently approved in writing;
d. Any areas disturbed by CITY’s activities shall be restored by CITY to their preconstruction condition.
e. CITY shall exercise due diligence to protect STATE’s property against damage, vandalism and any other causes.
8. Damages. STATE assumes no liability for loss or damage to property or injuries to or deaths of CITY’s agents, contractors, subcontractors, employees, sublicensees or invitees by reason of the exercise of privileges given under this License, unless loss or damage to property or injuries to or deaths of CITY’s agents, contractors, subcontractors, employees, sublicensees or invitees is caused by the sole negligence of the STATE, its agents or representatives.
9. Indemnity. CITY waives all claims against STATE, its officers, agents, employees, and invitees for loss or damage caused by, arising out of, or in any way connected with the exercise of its rights under this License, and CITY agrees to protect, save harmless, indemnify, and defend STATE, its officers, agents, employees, and invitees from any and all loss, damage or liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses related to the response to, settlement of, or defense of any claims or liability, which may be suffered or incurred by STATE, its officers, agents, employees and invitees caused by, arising out of, or in any way connected with exercise by CITY of its rights under this License, except those arising out of the sole negligence of STATE.
10. Liens. CITY shall keep STATE’s property free from any liens or encumbrances arising out of CITY’s use of the License Area, any work performed, materials furnished, or obligation incurred by CITY and shall indemnify, hold harmless and defend STATE from any such liens or encumbrances arising out of any work performed or material furnished by or at the direction of CITY, assignees, or contractors of CITY or use of the License Area. Notice is hereby given that STATE shall not be liable for any work or materials furnished to CITY on credit and no mechanic’s lien, other lien or encumbrance for any such work or materials shall attach to or affect STATE’s interest in STATE’s property based on any work or material supplied to CITY or anybody claiming through CITY. CITY shall, within thirty (30) days after being furnished notice of the filing of any such lien or encumbrance, take action, whether by bonding or otherwise, as will remove or satisfy any such lien or encumbrance. STATE shall have the right at all times to post and keep posted on STATE’s property any notices permitted or required by law or that STATE deems proper for its protection, and the protection of STATE’s property from liens or encumbrances.
11. Insurance. CITY shall furnish a certificate of insurance issued to STATE with amounts of Commercial General Liability with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate annually for bodily injury and property damage liability combined and Fire Legal Liability of at least $500,000. The policy must include STATE, its officers, agents and employees as additional insureds.
CITY shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident for bodily injury and property damage. STATE, its officers, agents, and employees as additional insureds Attachment 3
with respect to liability arising out of all vehicles owned, hired and non-owned. The additional insured endorsement must be provided with the certificate of insurance.
For Workers’ Compensation, a separate policy as required by law, together with a “Waiver of Subrogation” in favor of STATE.
The evidence of coverage for the above policies is to be delivered to STATE with the signed ROE License prior to final execution of this License by STATE. Said evidence of coverage shall be issued by an insurance company with a minimum Best Insurance Guide rating of A- (A minus) or better.
It is agreed STATE shall not be liable for the payment of any premiums or assessments on the insurance coverage required by this provision. The certificate of insurance shall provide that the insurer will not cancel the insured’s coverage without thirty (30) days prior written notice to STATE.
CITY agrees that the insurance herein provided for shall be in effect at all times during the term of this License.
In the event that said insurance coverage expires or is terminated at any time or times during the term of this ROE License, CITY agrees to provide STATE, at least thirty (30) days prior to said expiration or termination date, a new certificate of insurance evidencing insurance coverage as provided for herein.
If CITY is self-insured, it must provide STATE, with at least the same protection from liability and defense of suits as would be afforded by first dollar insurance and CITY shall provide STATE with written acknowledgement of this fact at the time of the execution of this ROE License. CITY shall thereafter, provide STATE with a written acknowledgement of the continuation of its self-insured status upon renewal of said policy if said renewal period occurs during the term of this ROE License specified herein. If at any time after the execution of this ROE License, CITY abandons its self-insured status, CITY shall immediately notify STATE of this fact.
If CITY fails to keep in effect at all times insurance coverage as herein provided, STATE may, in addition to any other remedies it may have, immediately terminate this ROE License upon the occurrence of such event.
12. Sublet and Assignment of License. CITY shall not sublet, assign or allow any other use of STATE’s property other than the intended use by CITY, or as otherwise set forth in this License.
13. Disposition ofCITY’s Personal Property and Property Restoration. During the term of this License all equipment and other property placed in, upon, or under the License Area by CITY shall remain the property of CITY and shall be removed by CITY, at its sole cost and expense, within twenty-four (24) hours after expiration or earlier termination of this License.
Any areas disturbed by CITY’s construction and/or activity shall be restored by CITY to their preconstruction condition as is practicable.
Should CITY fail to remove said equipment and property and restore STATE’s property, as is practicable, within twenty-four (24) hours after expiration or earlier termination of the License, STATE may do so at the risk of CITY. Upon written demand by STATE, CITY shall immediately pay all costs and expenses of the removal of CITY’s equipment and property and restoration of STATE’s property.
14. Real Property Rights. The License does not convey a permanent right to CITY in the real property of STATE.
15. Partnership. This License shall not be deemed to create a partnership relationship between the PARTIES.
Attachment 3
16. No STATE Warranties. CITY acknowledges that if STATE has made any statements or representations or warranties regarding the License Area’s fitness, including existing conditions of any improvements or underground utility locations and subsurface ground conditions, for the CITY’s use, CITY agrees that it is not relying upon any statement or representation or warranty by STATE or any third party regarding the License Area, the fitness of the License Area for CITY’s use or any other matter. CITY acknowledges and accepts the License Area in “As-ls Where-Is” condition. CITY has had an opportunity to inspect the License Area and every aspect thereof and represents to STATE that the License Area is in a condition acceptable to CITY for its use.
17. CITY Waiver. STATE hereby expressly disclaims and CITY hereby waives all implied warranties regarding the License Area including, without limitation, any warranty of merchantability or warranty of fitness for a particular use or purpose and accepts the License Area “As-Is, Where-Is.”
18. Counterparts and Electronic Signatures. This License may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same License. The counterparts of this License may be executed and delivered by facsimile or other electronic signature by electronic mail in portable document format or by any other electronic means shall constitute effective execution and delivery of this License.
19. Entire Agreement. This License and its exhibits constitute the entire agreement between STATE and CITY. No prior written or prior contemporaneous or subsequent oral promises or representations shall be binding.
20. Notices. Unless otherwise provided for herein, all notices or other communications required or permitted hereunder shall be in writing, and sent by overnight courier, registered mail, certified mail or postage prepaid mail to the addresses set forth below. All such notices shall be deemed received on the date of delivery receipt or rejection to the address of the person to receive such notice if received Monday through Friday during business hours, so long as such day is not a state or federal holiday or Saturday or Sunday then such notice shall be effective on the following business day. Any party, with written notice to the other parties, may change the designation, address, or contact information of the person specified to receive notice on its behalf.
[Signatures to Follow on Next Page]
To CITY: To STATE:
CITY OF EL PASO DE ROBLES
Attn: Chris Huot, City Manager
100 Spring Street
Paso Robles, CA 93446
(805) 237-3888
[email protected]
16th DISTRICT AGRICULTURAL ASSOCIATION
Attn: Colleen Bojorquez, Chief Executive Officer
2198 Riverside Avenue
P.O. Box 8
Paso Robles, CA 93447
(805) 239-0655
[email protected]
Department of General Services
Real Property Services Section
Attn: Bryan Lang
707 Third Street, 5th Floor
West Sacramento, CA 95605
(916) 376-1615
[email protected]
Attachment 3
WITNESS WHEREOF, the PARTIES have each caused this License to be duly executed by their authorized representatives.
STATE:
16TH DISTRICT AGRICULTURAL
ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
DATE:
CITY:
CITY OF EL PASO DE ROBLES
BY:
CHRIS HUOT, CITY MANAGER
APPROVAL:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
ANA M. LASSO, DIRECTOR
BY:
Michael P. Butler, Chief
Real Property Services Section
DATE:
Attachment 3
EXHIBIT A
Legal Description of License Area
(Attached Behind this Page)
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐174‐001 Portion)
Those portions of Lot 6 in Block 200 and the (Old) Southern Pacific Railroad Right of Way in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at
municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, all records of the County Recorder of the County of San Luis Obispo, State of California, lying southerly of the following described line:
Commencing at the southwest corner of the parcel described in said Grant Deed shown as being marked by a 5/8” Rebar with plastic cap stamped LS 8372 at the westerly terminus of the course labelled “S 87°35’31”W 52.84’ (M)” on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, records of said County;
Thence North 01°58'42" West along the westerly line of said Grant Deed as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Map of the City of Paso Robles, said point being the Point of Beginning; Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Terminus.
Contains 0.71 Acres, more or less.
The Parcel described hereinabove is shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside CITY TO STATE Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
EXHIBIT B
Map of License Area
(Attached Behind this Page)
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
RADIAL N 67° 50' 07" W
S 7° 59' 32" E (123/LS/94) 433/OR/183
Paso Robles Event Center
(State of California)
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40'
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 1
1375-0001 1375-0001 Riverside CITY TO STATE Exhibit -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.71 ACRES, MORE OR LESS
Attachment 3
EXHIBIT C
Exchange Agreement
(Attached Behind this Page)
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT I
Form of State Property Deed
(Attached Behind this Page)
Attachment 3
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of El Paso De Robles
1000 Spring Street
Paso Robles, CA 93446
WITH COPY TO:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
ATTN: RPSS TRANSACTION REVIEW
707 THIRD STREET, 5TH FLOOR
WEST SACRAMENTO, CA 95605
OFFICIAL STATE BUSINESS – EXEMPT FROM RECORDING
FEES PURSUANT TO GOV’T CODE §27383 AND 27388.1 AND
DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE
AND TAXATION CODE §11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Quitclaim Deed
Agency: 16th District Agricultural Association
Project: 24th Street Bridge Project Land Exchange
DGS File: TR22-0351
FISCAL ID: 11397
San Luis Obispo County APN: 008-183-023 (portion) and 008-171-004 (portion) Pursuant to the provisions of Section 4051(a)(10) of the Food and Agricultural Code, the STATE OF CALIFORNIA, acting by and through the 16th District Agricultural Association, for valuable consideration, does hereby remise, release and quitclaim to the City of El Paso de Robles, a municipal corporation, any and all of its rights, title, and interest in and to that certain real property situated in the City of El Paso de Robles, County of San Luis Obispo, State of California, more fully described in EXHIBIT A, consisting of three (3) pages, and depicted on Exhibit B, consisting of two (2) pages, both attached hereto and incorporated herein by reference.
[Signatures to Follow on Next Page]
Attachment 3
IN WITNESS WHEREOF, the undersigned has caused this Grant Deed to be executed this _______day of __________ 2026.
STATE:
16TH DISTRICT AGRICULTURAL ASSOCIATION
BY:
Colleen Bojorquez, Chief Executive Officer
APPROVAL PER GOVERNMENT CODE §11005
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
ANA M. LASSO, DIRECTOR
BY:
MICHAEL BUTLER, CHIEF
REAL PROPERTY SERVICES SECTION
Attachment 3
Exhibit “A“
Legal Description
Parcel A: (APN 008‐183‐023 Portion)
Those portions of Block 223 and Riverside Farm Lot 4 in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at Page 169 and shown on the Record of Survey Map #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, also being a portion of Block 2 of Wells Subdivision of Part of Riverside Farm Lot 4 per Map filed in Book B of Maps, at
northerly of the following described line:
Commencing at the Northwest corner of the parcel described as Parcel B of the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County;
Thence South 07°59'32" East along the easterly right of way line of Riverside Avenue shown as being 80 feet wide on said Record of Survey, a distance of 40.00 feet to the southerly corner of said Parcel B shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey;
Thence continuing South 07°59'32" East along said easterly right of way line of Riverside Avenue, a distance of 75.32 feet to the Point of Beginning;
Thence leaving said easterly right of way line the following courses:
Thence North 0°28'26" East, a distance of 17.24 feet;
Thence North 08°14'04" East, a distance of 22.08 feet;
Thence North 07°56'52" East, a distance of 18.17 feet;
Thence North 24°28'54" East, a distance of 11.66 feet;
Thence North 31°20'09" East, a distance of 22.75 feet;
Thence North 32°18'03" East, a distance of 13.33 feet;
Thence North 40°02'17" East, a distance of 9.38 feet;
Thence North 41°49'47" East, a distance of 14.96 feet to a point on the southerly line of the parcel described in the Grant Deed to the 16th District Agricultural Association, an agency of the State of California recorded May 8, 1961 in Book 1122 of Official Records, at Page 279, records of said County from which the most easterly corner of said Parcel B shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey bears South 87°39'51" West along said southerly line, a distance of 21.69 feet, said point being the Point of Terminus; Attachment 3
EXCEPT THEREFROM that portion of said Block 223 described in Parcel B the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at
Contains 0.04 Acres, more or less.
Parcel B: (APN 008‐171‐004 Portion)
That portion of Block 219 in the City of Paso Robles as per the Map of the City of Paso Robles filed October 25, 1889 in Book A of Maps, at Page 169 and shown on the Record of Survey Map #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐97, all records of the County Recorder of the County of San Luis Obispo, State of California, lying northerly of the following described line:
Commencing at the southwest corner of the parcel described in the Grant Deed from Bernice Ruth Grubb to the City of El Paso de Robles, a municipal corporation, recorded March 24th, 1965 in Volume 1343 of Official Records, at Page 190, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” at the westerly terminus of the course labelled “S 87°35’31”W
52.84’ (M)” on said Record of Survey;
Thence North 01°58'42" West along the westerly line of said Grant Deed, as shown on said Record of Survey, a distance of 258.75 feet to a point which bears South 01°58'42" East along said westerly line, a distance of 40.24 feet from the southerly right of way line of 24th Street shown as being 80’ wide on said Record of Survey;
Thence leaving said westerly line North 86°28'51" East, a distance of 186.59 feet to a point on the easterly line of said Grant Deed and the (Old) Southern Pacific Railroad right of way as shown on said Record of Survey Map, said point being the Point of Beginning; Thence continuing North 86°28'51" East, a distance of 86.14 feet to a point on the westerly right of way line of Riverside Avenue shown as being 80 feet wide on said Record of Survey, which bears South 7°59’32” East along said westerly line of Riverside Avenue, a distance of 95.07 feet from the southeast corner of Parcel A of the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County, shown as being marked by a 5/8” Rebar with plastic cap stamped “LS 8372” on said Record of Survey, said point being the Point of Terminus.
EXCEPT THEREFROM any portion of said Block 219 lying northerly of the easterly prolongation of the northerly right of way line of 24th Street as shown as being 80’ wide on said Map of Paso Robles, records of said County.
Attachment 3
ALSO EXCEPT THEREFROM that portion of said Block 219 described in the Grant Deed from the 16th District Agricultural Association, an institution of the State of California, to the City of El Paso de Robles, a municipal corporation, recorded May 15th, 1961 in Volume 1123 of Official Records, at Page 371, records of said County.
Contains 0.14 Acres, more or less.
The Parcels described hereinabove are shown on the attached map designated Exhibit “B” referenced hereto and made a part thereof.
The bearings used herein are based upon the NAD'83, Zone 5, California Coordinate System, US Survey Feet as shown on the Record of Survey #18‐108 filed in Book 123 of Records of Surveys, at Pages 94‐ 97, records of said County & State. Distances are ground level distances.
End of Description
Clayton L. Bradshaw, PLS 8298 Date Signed
File:\\ 1375‐0001 Riverside STATE TO CITY Exhibit A.docx Last Revised: 5/21/2026‐BD
MAY 21/2026
Attachment 3
RIVERSIDE AVENUE
S 87° 39' 51" W
N 39° 50' 10" E 53.71'
40.00'
40.00'
S 7° 59' 32" E (123/LS/94)
POINT OF
TERMINUS
80' 40' 40'
S 41° 49' 47" W
14.96'
S 32° 18' 03" W
13.33'
S 31° 20' 09" W
22.75'
N 24° 28' 54" E
11.66'
S 7° 56' 52" W
18.17'
S 8° 14' 04" W
22.08'
N 40° 02' 17" E
9.38'
S 0° 28' 26" W
17.24'
N 87° 39' 51" E
21.69'
S 39° 50' 10" W 53.71'
S 7° 59' 32" E 75.32'
POINT OF BEGINNING
POINT OF
COMMENCEMENT
PARCEL B
1123/OR/371
PARCEL A 1123/OR/371
PARCEL A
PARCEL B
SEE SHEET 2 OF 2
24TH STREET 1122/OR/279 (STATE OF CALIFORNIA)
433/OR/183
Paso Robles Event Center
(State of California)
Paso Robles Event Center
(State of California)
24TH STREET
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON. T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "A"
SHEET 1 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Exhibit PARCEL A -BD 10-05-2023.dwg BD 10/03/2023
1" = 40'
N
0 (IN FEET)
GRAPHIC SCALE
40 80
1 IN = 40 FT
20 LEGEND
LEGAL DESCRIPTION AREA
0.04 ACRES, MORE OR LESS
Attachment 3
RIVERSIDE AVENUEN 1° 58' 42" W 298.99' 258.75'
186.59'
S 87° 35' 31" W
52.84' UNION PACIFIC RAILROAD (OLD) SOUTHERN PACIFIC RAILROAD N 86° 28' 51" E
S 69° 52' 59" E RADIAL
S 7° 59' 32" E (123/LS/94) 433/OR/183
(State of California)
Paso Robles Event Center
POINT OF COMMENCEMENT
POINT OF
TERMINUS
POINT OF
BEGINNING
REFER TO THE RECORD OF SURVEY
MAP (123/LS/94-97) FOR BOUNDARIES,
STREET & RAILROAD RIGHT OF WAYS
SHOWN HEREON.
Ptn. 1343/OR/190 City of Paso Robles
N 1° 58' 42" W
40.24'
Ptn. 1343/OR/190
24TH STREET
80'
40' 40'
100' 50' 50' 80' 40' 40' N 1° 58' 42" W 258.75'
PARCEL B
PARCEL A
SEE SHEET
1 OF 2
N 86° 28' 51" E
86.14'
N 7° 59' 32" W 95.07'
PARCEL A
1123/OR/371
T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE :
EXHIBIT "B"
MAP
PARCEL "B"
SHEET 2 OF 2
1375-0001 1375-0001 Riverside STATE TO CITY Exhibit PARCEL B -BD 10-05-2023.dwg BD 10/5/23
1" = 60'
N
60 120
1 IN = 60 FT
0 30
(IN FEET)
GRAPHIC SCALE
LEGEND
LEGAL DESCRIPTION AREA
0.14 ACRES, MORE OR LESS
Attachment 3
Agency: 16th District Agricultural Association FISCAL No: 11397 Project Name: 24th Street Bridge Project Land Exchange Project File No: TR22-0351
Exchange Agreement (V6.5.26)
82477.01020\44342853.1
EXHIBIT J
Letter of Commitment
(Attached Behind this Page)
Attachment 3
Attachment 3
Attachment 3
Council Agenda Report
From: Ditas Esperanza, Public Works Chief Engineer
Subject: Approval of a Design Services Contract for the Fire Station 3 Phase 2 Training Facility Project
CEQA Determination: The City finds that this action has been previously analyzed in the Mitigated Negative Declaration (MND) for the Training Center Project as reviewed and approved via Planned Development Permit 21-04 and City Council Resolution 21-075, and therefore no additional environmental review is required at this time.
Date: July 21, 2026
Facts
1. On October 1, 2019, the City purchased property at 2930 Union Road (address later assigned 2924 Union Road) in the amount of $3,425,000 for the construction of Fire Station No. 3, the Public Safety Training Center as well as other City facilities, including the Corporation Yard.
2. Construction of Fire Station No. 3 is completed and now fully operational. Construction of Fire Station No. 3 was an important step in meeting the Staffing for Adequate Fire and Emergency Response (SAFER) Grant and Insurance Services Offices, Inc. (ISO) requirements while enhancing emergency services for residents and visitors of the City.
3. The next phase of the project is the Public Safety Training Center. This includes a training tower, outdoor specialty training areas as well as an approximately 4,000 square foot training building.
4. The training tower and outdoor specialty training areas have recently been completed, and the City is now ready to construct the 4,000 square foot training building.
5. Omni Means Design Group prepared the design of Fire Station 3 Phase 1, via an RFP procurement process. They have submitted a scope of work and fee proposal for the phase 2 work, and selection of Omni Means Design Group for Phase 2 will promote continuity and efficiency in project delivery, resulting in reduced costs and in the City’s best interest.
Options
1. Take no action;
2. Authorize the City Manager to enter into a design services contract with Omni Means, Inc. for the Phase 2 training facility at Fire Station 3, in the amount of $159,390; or
3. Provide alternative direction to staff.
Analysis and Conclusions
An effective response is critical to our community’s safety and well-being. Currently, there is not a police or fire training facility available in North San Luis Obispo County. When available, structures scheduled for demolition are sometimes temporarily made available. Generally, this results in only a day or two of access and doesn’t allow all members to complete the designated training evolution. Not completing the training facility would require both departments to continue to train on an infrequent basis.
Building a local training facility will allow officers and firefighters to improve the quality and frequency of their daily and specialty training. Once fully completed, the proposed Public Safety Training Center will allow the police department to meet POST required training and allow the fire department to meet both National Fire Protection Association (NFPA) and state requirements, including annual “live fire” training.
Additionally, the proposed training facility will be available to our surrounding Public Safety agencies, which will improve our regional training capabilities and also improve response to large-scale multi agency incidents.
Fiscal Impact
The total cost for design services with Omni Means, Inc. is $159,390. The project is included in the adopted FY 2026-27 budget and as such, no other action is needed. Additionally, Congressman Panetta secured $500,000 in federal funding that has contributed to the construction of these facilities, which has offset local funds that will be needed to complete the project.
CEQA
The City finds that this action has been previously analyzed in the Mitigated Negative Declaration (MND) for the Training Center Project as reviewed and approved via Planned Development Permit 21-04 and City Council Resolution 21-075 and therefore no additional environmental review is required at this time. The City finds that there are no substantial changes to the project, no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance that would require preparation of a subsequent or supplemental environmental document pursuant to CEQA Guidelines section 15162.
Recommendation (Option 2)
Approve Resolution 26-XXX, authorizing the City Manager to enter into a design services contract with Omni Means, Inc. for the Phase 2 training facility at Fire Station 3, in the amount of $159,390.
Attachments
1. Resolution 26-XXX
2. Omni Means, Inc. scope and fee proposal
Attachment 1
RESOLUTION 26-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AWARDING A DESIGN SERVICES CONTRACT FOR THE FIRE STATION 3 PHASE 2 TRAINING FACILITY WHEREAS, on October 1, 2019, the City purchased property at 2930 Union Road (address later assigned 2924 Union Road) in the amount of $3,425,000 for the construction of Fire Station No. 3, the Public Safety Training Center as well as other City facilities, including the Corporation Yard; and WHEREAS, construction of Fire Station No. 3 was completed and is now fully operational. Construction of Fire Station No. 3 was an important step in meeting the Staffing for Adequate Fire and Emergency Response (SAFER) Grant and Insurance Services Offices, Inc. (ISO) requirements while enhancing emergency services for residents and visitors of the City; and WHEREAS, the next phase of the project is the Public Safety Training Center. This includes a training tower, outdoor specialty training areas, as well as an approximately 4,000 square foot training building that will serve the regional training needs of both police and fire services; and WHEREAS, the training tower and outdoor specialty training areas have been completed, and the City is now ready to construct the next phase of work, which is an approximately 4,000 square foot training building that will serve the regional training needs of both the police and fire departments; and WHEREAS, Omni Means Design Group prepared the design of Fire Station 3 phase 1, via an RFP procurement process. They have submitted a scope of work and fee proposal for the phase 2 work, and selection of Omni Means Design Group for Phase 2 will promote continuity and efficiency in project delivery, resulting in reduced costs and in the City’s best interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. Authorize the City Manager to enter into a design services contract with Omni Means, Inc. for the Phase 2 training facility at Fire Station 3, in the amount of $159,390.
Section 3. The total cost for design services with Omni Means, Inc. is $159,390. The project is included in the adopted FY 2026-27 budget and as such, no other action is needed. Additionally, Congressman Panetta secured $500,000 in federal funding that has contributed to the construction of these facilities, which has offset local funds that will be needed to complete the project.
Section 4. The City finds that this action has been previously analyzed in the Mitigated Negative Declaration (MND) for the Training Center Project as reviewed and approved via Planned Development Permit 21-04 and City Council Resolution 21-075 and therefore no additional environmental review is required at this time. The City finds that there are no substantial changes to the project, no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance that would require preparation of a subsequent or supplemental environmental document pursuant to CEQA Guidelines section 15162.
Attachment 1
APPROVED this 21st day of July, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Martin, City Clerk
OMNI DESIGN, INC.
Project Number: 2026-80
June 15, 2026
DITAS ESPERANZA
Capital Projects Engineering
Public Works, City of Paso Robles
[email protected]
Re: Paso Robles Fire Training Facility – Proposal to Complete CDs for Plan Check and Permitting Dear Ditas,
We have reviewed the drawings completed thus far for the new Public Safety Training Facility Classroom prepared by KMN Architects, and have prepared the following scope of work, and fee proposal to complete the plans for permitting with the addition of a confined space training area.
Summary
The plan set was prepared under the 2022 CBC. All of the plans and calculations will need to be updated to meet the requirements of the 2025 CBC. This should not change the design, but may impact details and calculations. In addition to updating the plans to meet current code requirements, additional sheets and calculations will need to be prepared. This scope of work assumes that the architectural program/floor plan will remain as originally designed, if possible. Omni and subconsultants are assuming at minimum, a programming meeting with the City to include IT and Electrical staff from the City to verify use, scope, and infrastructure, to ensure the current design meets the needed parameters, and there is adequate infrastructure available. Additionally we have included fees for Architectural, Structural and Civil design work for a confined space training prop per the design sketch provided by Paso Fire.
Assumptions
This scope of work is based on the following assumptions:
• A geotechnical investigation report will be provided by the Owner prior to commencement of structural design.
• Background CAD files from the original design team will be made available to Omni and subconsultants for their use.
• The building is assumed to remain Type VB construction, non-sprinklered, consistent with the original design intent.
• The confined space prop is assumed to exclude power, ventilation or water/drainage systems.
Scope of Work
1. Architecture (Omni Design)
a. Programming meeting via Teams with City and Consultants to verify scope. • Title Sheet
• Code Analysis
• Update Green Building Mandatory Measures
• Update Architectural Site Plan to include accessible parking, paths-of-travel, and lighting Attachment 2
Exhibit A
• Floor Plan – Code check
• Prepare Reflected Ceiling Plan
• Prepare Roof Plan
• Update interior elevations – casework materials and callouts • Notate exterior elevations
• Coordinate confined space prop design
• Prepare/assemble product cut sheets
• Prepare architectural and site details
• Prepare book specifications
• Participate in Client Meetings
2. Civil Engineering (Omni Design)
• Site survey for existing and constructed elevations and Datum • Grading Plan - check and regrade as necessary, include grading details, accessibility review, and adjustments
• Grading Profiles - rework so they show up and are on a datum • Erosion Control Plan - add details, ensure BMP's in correct areas • Utility Plan - check sizes for gas, sewer, and water, add trenching details, and notes • Standard details – update
• Add standard construction notes, general notes, City of Paso Notes • Book specifications
3. Structural Engineering (Michel Kalin Structural Engineering) • Provide structural design of the gravity and lateral support systems for the building according to 2025 CBC requirements, based upon the approved architectural design • Design foundations based on recommendations of the geotechnical report • Coordinate structural design with the Architect and other project consultants • Participate in Client and Project meetings as requested • Prepare structural design plans and details for structure based upon background CAD files to be provided for our use
• Provide structural design calculations for Building Authority review • Book specifications
4. Mechanical Engineering (Journey Engineering)
• Complete set of mechanical drawings (no HVAC engineering plans have been prepared) • Mechanical notes and legends
• Mechanical schedules and details
• Mechanical floor plans
• Mechanical piping and control plan
• Mechanical roof plan
• Energy compliance documentation
• Book specifications
5. Plumbing Engineering (Journey Engineering)
• Plumbing notes and legends
• Plumbing schedules and details
• Plumbing floor plans
• Enlarged floor plan, DWV
• Enlarged floor plan, hot and cold water
• Plumbing roof plan
Attachment 2
Exhibit A
• Book specifications
6. Electrical/Lighting Engineering (Thoma Engineering)
• Electrical notes and symbols
• Site lighting and controls
• Title 24 energy documentation (exterior)
• Single-line diagram
• Electrical calculations
• Device layout, circuiting, and panel schedules.
• PV and BESS performance specifications.
• BESS interconnection requirements.
• Incorporation of BESS and PV requirements into power single-line diagram, • Interior and building-mounted exterior lighting and fixture schedule. • Branch circuiting and lighting controls.
• Title 24 energy documentation (interior)
• Fire sprinkler monitoring system performance specifications (if needed) • Voice/data structured cable plant and distribution.
• Cable TV outlets, connections, and prewire.
• Mechanical connections power plan.
• Electrical details
• Book specifications
7. Landscape (Terry Lee Landscape Architecture)
• Irrigation plan
• Landscape details
• Irrigation details
• Hydro-zone table and locations
• MWELO State Water Reduction Compliance Appendices and City Water Use Ordinances • Book Specifications
Fee Proposal
Architecture
Civil Engineering
Survey
Electrical
Mechanical
Structural
Landscape
Total Fee
50% CDs/Specifications $ 28,684 $ 33,748 $ 4,610 $ 5,950 $ 14,520 $ 7,250 $ 1,200 $ 95,962 100%
CDs/Specifications/Plan
Check/Bidding
$ 22,698 $ 6,636 $ - $ 6,225 $ 8,450 $ 8,750 $ 2,450 $ 55,209 Sub Mark-up $ 1,826 $ 3,446 $ 2,400 $ 548 $ 8,219
$ 51,382 $ 40,384 $ 4,610 $ 14,001 $ 26,416 $ 18,400 $ 4,198 $159,390 Phase / Consultant
Total
Attachment 2
Exhibit A
Note: Construction Administration (CA) services are not included in the fees above and will be billed on a time-and-materials basis.
EXCLUSIONS
• Fire sprinkler design. (assumed by Contractor via deferred submittal). • SWPPP.
• Stormwater Control Plan and calculations.
• Low Impact Development.
• Solar PV design.
• Final applications for utility services, excess wire charges, engineering retainers. • Decorative landscape lighting.
• Technical Studies. (Geotechnical Investigation/Soils Report, Archeological reports, traffic studies and engineering, Biological Reports, Environmental Reports, and other technical reports. • LEED Certification.
• Travel costs will be billed on a Time and Materials basis.
This agreement shall be considered valid for 60 days. At that time, this office reserves the right to modify it in both scope and fee.
Please do not hesitate to contact me at 805.471.5453 if you have any questions or would like to discuss this proposed Add-Services request.
Please acknowledge your acceptance of these terms, conditions and provisions by e-signing the Agreement (Exhibit B) and the Authorization to proceed (Exhibit C).
Cordially,
SHANE MAPLES, AIA
Director of Architecture
[email protected]
Attachment 2
Council Agenda Report
From: Kim Porter, Stormwater Manager
Subject: Approval of a Resolution Awarding a Professional Services Agreement to Rick Engineering to Update the 2007 Storm Drain Master Plan (SDMP) Phase 2 and Authorizing the City Manager to execute the Agreement
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, where it can be seen with reasonable certainty the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Date: July 21, 2026
Facts
1. The City's existing Storm Drain Master Plan (SDMP) provides the framework for managing and improving the municipal storm drainage system. As the City's infrastructure continues to age and development patterns evolve, updates to the Master Plan are necessary to ensure the storm drain system continues to provide adequate flood protection, supports future growth, and complies with current regulatory requirements.
2. On January 25, 2025, City Council awarded a contract to Rick Engineering in the amount of $199,980 to complete Phase 1 of the SDMP update, which included data collection, analysis and hydrological modeling of the West (including Theatre/Ramada Drive), Northeast, East and Southeast areas of the City, as well as the development of the Technical Report. A portion of the Northeast area was not included in the Phase 1 scope of work.
3. On December 2, 2025, City Council amended the contract (Phase 1B) in the amount of $54,750 to include the Northeast area for completion of the collection, analysis and hydrological modeling that was not included in the original Phase 1 scope of work.
4. As of June 30, 2026, Rick Engineering has completed all data collection, analysis and hydrological modeling associated with Phase 1 & 1B.
5. Phase 2 of the SDMP will include an Action Plan with recommendations for capital project improvements, grant funding opportunities, climate resiliency scenario planning, and addressing existing infrastructure deficiencies.
6. The FY 2026/27 Operating and Capital Budget included appropriations of $212,000 to complete the SDMP. These funds will be sufficient to achieve Phase 2 goals including a SDMP-Action Plan, which will provide the city with specific, recommended infrastructure improvements.
Options
1. Take no action;
2. Approve the Resolution and authorize the City Manager to execute a Professional Services Agreement with Rick Engineering in an amount not to exceed $212,000 or
3. Provide alternative direction to staff.
Analysis and Conclusions
Rick Engineering completed Phase 1 & 1B of the SDMP update, including data collection, analysis, hydrological modeling of the Cities storm drain infrastructure and provided the Technical Report.
Phase 2 of the SDMP focuses on developing the Action Plan. The Action Plan will include recommendations for capital project improvements, grant funding opportunities, climate resiliency scenario planning, and addressing existing infrastructure deficiencies.
Fiscal Impact
Rick Engineering proposal for Phase 2 of the SDMP is $212,000. This is an anticipated allocation and is included as part of the City’s Operating and Capital Budget. As such, no further action is necessary.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), and 15378, as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, nor is the activity a “project” as defined under CEQA.
Recommendation
Approve Resolution 26-XXX, authorizing the City Manager to execute a Professional Services Agreement with Rick Engineering in the amount not to exceed $212,000, and authorizing the City Manager, in consultation with the City Attorney, to make any minor, technical, or non-substantive changes to the Agreement that are consistent with the Council action.
Attachments
1. Resolution 26-XXX – Storm Drain Master Plan – Phase 2 a. Exhibit A – Rick Engineering Proposal (December 2024) b. Exhibit B – Rick Engineering Proposal Phase 1B (September 2025) c. Exhibit C – Rick Engineering Proposal Phase 2 (July 2026)
Attachment 1
RESOLUTION 26-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RICK ENGINEERING FOR THE STORM DRAIN MASTER PLAN (SDMP) PHASE 2 AND PROGRAM SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $212.000.
WHEREAS, the Storm Drain Master Plan (SDMP) is a strategic planning guide for managing stormwater to reduce flooding, protect water quality and enhance infrastructure resilience. In addition, the SDMP allows staff to identify future capital improvement projects to enhance the City storm drain conveyance system. The Storm Drain Master Plan is needed to provide a strategic planning guide for managing stormwater to reduce flooding, protect water quality, enhance infrastructure resilience, and ensure compliance with local, state and federal regulations; and WHEREAS, on January 25, 2025, following a Request for Proposals from qualified engineering firms to provide professional services for the Storm Drain Master Plan update, the City Council awarded a contract to Rick Engineering in the amount of $199,980 for Phase 1 of the SDMP update; and WHEREAS, on December 2, 2025, City Council amended the contract (Phase 1B) in the amount of $54,750 to include the Northeast area for completion of the collection, analysis and hydrological modeling that was not included in the original Phase 1 scope of work, and WHEREAS, on June 30, 2026, Rick Engineering completed all work including data collection, analysis and hydrological modeling associated with Phase 1 & 1B; and WHEREAS, the Action Plan (Phase 2) will recommend capital improvements for long-term enhancements of the existing storm drain infrastructure, grant funding opportunities, and climate resiliency scenario planning; and
WHEREAS, Rick Engineering is the most qualified firm and has been selected to complete Phase 2 of the Storm Drain Master Plan, with a proposal amount of $212,000, and Rick Engineering is well positioned to complete Phase 2 based on its successfully completion of Phases 1 & 1B and its familiarity with the City's storm drain system.; and
WHEREAS, on June 16, 2026, the City Council adopted the 2026/27 budget and appropriated $212,000 in the Stormwater Professional Services budget to finalize the SDMP, so there is no additional expenditure required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby approves the Professional Services Agreement with Rick Engineering for Phase 2 of the Storm Drain Master Plan in substantially the form attached hereto as Exhibit C, and incorporated herein by reference, and authorizes the City Manager to execute the Agreement, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney.
Attachment 1
Section 3. The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, where it can be seen with reasonable certainty the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
APPROVED this 21st day of July 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Martin, City Clerk
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82477.01000\44465110.1
City of El Paso de Robles
"The Pass of the Oaks"
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL PASO DE ROBLES
AND
RICK ENGINEERING
STORM DRAIN MASTER PLAN UPDATE (PHASE 1B)
DPW 24-17
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement for the Storm Drain Master Plan Update (Phase 1B) is made and entered into as of ________________________, by and between the City of El Paso de Robles, a municipal organization organized under the laws of the State of California with its principal place of business at 1000 Spring Street, El Paso de Robles, California 93446 (“City”) and RICK ENGINEERING, with its principal place of business at 5620 FRIARS ROAD, SAN DIEGO, CA 92110 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into a Professional Services Agreement dated February 5, 2025, (“Agreement”) for the purpose of retaining the services of Consultant to provide an update to the Storm Drain Master Plan (Phase 1).
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide additional data collection, analysis and hydrological modeling of the Northeast portion of the Cities stormwater infrastructure.
2.3 Additional Scope. The City and Consultant agree to an expansion of the project scope, as further detailed in the scope of work attached hereto as Attachment 1 and incorporated herein by reference. The additional scope of work shall include data collection, compilation, hydrologic and hydraulic (H&H) modeling and analysis of the Northeast portion of the City.
2.4 Time of Performance. In consideration for the expanded Scope of Work, the City and Consultant agree to an extended Time of Performance under the Agreement until June 2026,
2.5 Additional Compensation. In Consideration for the expanded Scope of Work and extended Time of Performance, the City and Consultant agree to increase the Agreement Compensation of $199,980 by an additional $54,750 for a total not-to-exceed compensation of $254,730.
2.4 Amendment Authority. This Amendment No. 1 is authorized pursuant to the Section 3 of the Agreement.
EXHIBIT B
82477.01000\44465110.1
3. Amendment.
Now therefore, the Parties hereby modify the Agreement as follows:
3.1 The Scope of Work in Exhibit “A” of the Agreement is hereby amended to include the additional scope of work of this Amendment No. 1 attached hereto and incorporated herein by reference as Attachment “1”
3.2 Section 2(b) of the Agreement is hereby replaced with the following italicized text:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $254,730. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly basis.
3.3 Section 5 of the Agreement. Section 5 of the Agreement is hereby replaced with the following italicized text:
The term of this Agreement shall be from February 2025 to June 2026, unless earlier termination as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1, including, without limitation, the indemnity and insurance requirements.
From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.6 Severability. If any portion of this Amendment No.1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 Incorporation of Recitals. The Recitals listed above in this Amendment No. 1 are hereby incorporated by reference, as an operative part of this agreement, as if fully set forth herein. [Signatures on Next Page]
EXHIBIT B
82477.01000\44465110.1
SIGNATURE PAGE FOR
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL PASO DE ROBLES
AND
RICK ENGINEERING
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.
CITY OF EL PASO DE ROBLES
Chris Huot
City Manager
Date
City Attorney Approval:
City Attorney
Reviewed By:
Kim Porter
RICK ENGINEERING
Signature
Name
Title
Date
EXHIBIT B
82477.01000\44465110.1
ATTACHMENT “1”
Scope of Services
Phase 1B will complete the final portion of the City’s existing condition analysis by focusing on the Northeast watershed. Work will include data collection, GIS compilation, and hydrologic and hydraulic (H&H) modeling of this remaining area. This interim phase also includes project management, and updated deliverables to provide the City with a complete Phase 1 dataset and model package, pending funding for the full Phase 2 scope.
TASK 1. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION
Ongoing coordination with City staff to track progress, confirm priorities, and address technical questions.
Up to 4 coordination meetings (kickoff + progress updates).
Monthly progress memos and schedule updates (up to 4 months).
Deliverables:
Meeting agendas and minutes.
Monthly progress memos.
Interim invoicing and schedule updates.
TASK 2. DATA COLLECTION AND COMPILATION (NORTHEAST WATERSHED) Collect and compile all available GIS and as-built data for the Northeast watershed.
Identify and document data gaps (missing attributes, unknown facilities).
The City will continue its own data collection effort using the RICK-developed field maps to gather and verify priority storm drain data.
RICK will supplement this effort with up to 2 days of field verification for high-priority or missing facilities that remain unverified.
Update the Citywide GIS storm drain inventory to include the Northeast watershed, incorporating both City-collected and RICK-verified data.
Deliverables:
Updated GIS datasets for the City storm drain system.
Interim technical memo summarizing data gaps, City-led field collection, and RICK’s supplemental verification.
TASK 3. HYDROLOGIC AND HYDRAULIC (H&H) MODELING AND ANALYSIS Compile Hydrologic Data
Generate sub-catchment delineations for the Northeast watershed using LiDAR/DEM.
Include inlets, backbone systems, and contributing areas outside City limits where relevant.
Calculate hydrologic parameters (flow path, slope, width) using GIS-based methods.
Review NOAA Atlas 14 rainfall data and prepare hyetographs for 2-, 10-, 25-, and 100-year storm events.
Scoping Assumption: Approximately one-quarter of the City, or ~400 delineations, will be developed for this phase.
EXHIBIT B
82477.01000\44465110.1
Existing Condition 1D/2D Hydrologic and Hydraulic (H&H) Models Import watershed delineations, rainfall hyetographs, and GIS storm drain inventory into PCSWMM.
Build an existing condition 1D/2D model for the Northeast watershed, including surface flow and critical areas of flooding.
Exclude FEMA-mapped channels with major upstream drainage outside City limits.
Scoping Assumptions:
Revised H&H modeling will not be performed for FEMA-mapped channels with significant upstream drainage areas outside city limits.
One-quarter of overall modeling effort focused on the Northeast watershed.
Stormwater Model Findings
Document existing flooding areas, conveyance issues, and regulatory compliance.
Analyze system deficiencies such as undersized pipes, surcharged conditions, and inundated structures.
Identify where upsizing or new infrastructure may reduce flooding.
Summarize results for City review and validate with City field staff input.
Deliverables:
GIS-based maps and files of hydrologic parameters.
Existing condition 1D/2D H&H PCSWMM model files for 2-, 10-, 25-, and 100-year storm events. Current and future (climate change) scenarios will be included in subsequent phase.
GIS based web-application of existing drainage infrastructure and modeling results.
PowerPoint presentation of stormwater model results, including peak discharge, flood risk, and water quality assessments.
Documentation of findings of this section in the SDMP document.
EXHIBIT B
82477.01000\44465110.1
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
EXHIBIT B
November 13, 2025
Ms. Kim Porter
Stormwater Program Manager
City of Paso Robles, Public Works Department
1000 Spring Street
Paso Robles, California 93446
SUBJECT: PROFESSIONAL ENGINEERING SERVICES FOR THE STORM DRAIN MASTER PLAN Phase 1B (CITY PROJECT NO. DPW 24-17)
Dear Ms. Porter:
Phase 1B will complete the final portion of the City’s existing condition analysis by focusing on the Northeast watershed. Work will include data collection, GIS compilation, and hydrologic and hydraulic (H&H) modeling of this remaining area. This interim phase also includes project management, grant support, and updated deliverables to provide the City with a complete Phase 1 dataset and model package, pending funding of the full Phase 2 scope.
TASK 1. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION
Ongoing coordination with City staff to track progress, confirm priorities, and address technical questions.
Up to 4 coordination meetings (kickoff + progress updates).
Monthly progress memos and schedule updates (up to 4 months).
Deliverables:
Meeting agendas and minutes.
Monthly progress memos.
Interim invoicing and schedule updates.
TASK 2. DATA COLLECTION AND COMPILATION (NORTHEAST WATERSHED) Collect and compile all available GIS and as-built data for the Northeast watershed.
Identify and document data gaps (missing attributes, unknown facilities).
The City will continue its own data collection effort using the RICK-developed field maps to gather and verify priority storm drain data.
RICK will supplement this effort with up to 2 days of field verification for high-priority or missing facilities that remain unverified.
Update the Citywide GIS storm drain inventory to include the Northeast watershed, incorporating both City-collected and RICK-verified data.
Deliverables:
Updated GIS datasets for the City storm drain system.
Interim technical memo summarizing data gaps, City-led field collection, and RICK’s supplemental verification.
EXHIBIT B
Ms. Kim Porter
2025
TASK 3. HYDROLOGIC AND HYDRAULIC (H&H) MODELING AND ANALYSIS Compile Hydrologic Data
Generate sub-catchment delineations for the Northeast watershed using LiDAR/DEM.
Include inlets, backbone systems, and contributing areas outside City limits where relevant.
Calculate hydrologic parameters (flow path, slope, width) using GIS-based methods.
Review NOAA Atlas 14 rainfall data and prepare hyetographs for 2-, 10-, 25-, and 100- year storm events.
Scoping Assumption: Approximately one-quarter of the City, or ~400 delineations, will be developed for this phase.
Existing Condition 1D/2D Hydrologic and Hydraulic (H&H) Models Import watershed delineations, rainfall hyetographs, and GIS storm drain inventory into PCSWMM.
Build an existing-condition 1D/2D model for the Northeast watershed, including surface flow and critical areas of flooding.
Exclude FEMA-mapped channels with major upstream drainage outside City limits.
Scoping Assumptions:
Revised H&H modeling will not be performed for FEMA-mapped channels with significant upstream drainage areas outside city limits.
One-quarter of overall modeling effort focused on the Northeast watershed.
Stormwater Model Findings
Document existing flooding areas, conveyance issues, and regulatory compliance.
Analyze system deficiencies such as undersized pipes, surcharged conditions, and inundated structures.
Identify where upsizing or new infrastructure may reduce flooding.
Summarize results for City review and validate with City field staff input.
Deliverables:
GIS-based maps and files of hydrologic parameters.
Existing condition 1D/2D H&H PCSWMM model files for 2-, 10-, 25-, and 100-year storm events. Current and future (climate change) scenarios will be included in subsequent phase.
GIS based web-application of existing drainage infrastructure and modeling results.
PowerPoint presentation of stormwater model results, including peak discharge, flood risk, and water quality assessments.
Documentation of findings of this section in the SDMP document.
EXHIBIT B
Ms. Kim Porter
, 2025
Proposed Project Schedule Phase 1B
Paso Robles Storm Drain Master Plan Update Phase 1B
2026
Task Name
Duration
Phase
1B Jan Feb Mar Apr May Jun
Notice to Proceed (Anticipated January
2026)
Task 1: Project Management and Meetings Ongoing
Task 2: Data Collection and Compilation 60 Days
Task 3: Existing Condition H&H Modeling
and Analysis 60 Days
Project Completion
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
July 7, 2026
Ms. Kim Porter
Stormwater Program Manager
City of Paso Robles, Public Works Department
1000 Spring Street
Paso Robles, California 93446
SUBJECT: PROFESSIONAL ENGINEERING SERVICES FOR COMPLETION OF THE STORM DRAIN MASTER PLAN (PHASE 2) (CITY PROJECT NO. DPW 24-17) Dear Ms. Porter:
Following completion of Phase 1 and Phase 1B of the City of Paso Robles Storm Drain Master Plan (SDMP), the existing-condition technical study has been completed, including development of the citywide GIS storm drain inventory, hydrologic and hydraulic (H&H) models, GIS-based flood mapping, and identification of existing system deficiencies.
This scope of work outlines Phase 2 of the SDMP, which builds upon the completed technical study and includes development of recommended capital improvement projects (CIPs), climate change evaluations, storm drain basin assessments, maintenance planning, funding strategies, updated drainage standards, and preparation of the final Storm Drain Master Plan.
RICK Engineering Company (RICK) will continue to work with City staff throughout Phase 2 to complete the remaining planning tasks and prepare the final SDMP.
TASK 1. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION
Coordination with City staff is fundamental to successful completion of the Storm Drain Master Plan (SDMP). Meetings will provide regular opportunities to review project progress, discuss technical findings, obtain City input, and maintain the project schedule throughout Phase 2.
Technical Review Meetings, as appropriate, including:
Phase 2 Kickoff Meeting
Monthly Project Coordination Meetings
Technical Review Meetings, including:
o Climate change evaluation
o Storm drain basin evaluation
o Recommended CIP improvements
o Cost estimates and implementation strategy
o Draft SDMP review
Up to two (2) additional meetings, as requested by the City Up to two (2) public and/or City Council meetings to present the final SDMP The Project Team will work closely with City staff throughout the project by providing monthly progress memorandums, schedule updates, and invoicing. Questions requiring City input will
EXHIBIT C
Ms. Kim Porter
July 7, 2026
be coordinated promptly to maintain the project schedule. No out-of-scope work will be performed without prior discussion and written authorization from the City.
Deliverables:
Meeting agendas and minutes for up to 10 meetings.
Monthly progress memorandums.
Monthly schedule updates.
TASK 2. HYDROLOGIC AND HYDRAULIC (H&H) MODELING AND ANALYSIS Existing Condition Model Evaluation
Using the completed Phase 1 and Phase 1B hydrologic and hydraulic (H&H) models, RICK will evaluate and document existing storm drain system performance to establish the basis for development of recommended improvements and the Storm Drain Master Plan.
The evaluation will include:
Review existing-condition model results with City staff. Evaluate infrastructure performance by study area.
Review and confirm existing storm drain system deficiencies, including:
o Hydraulic grade line relative to ground elevation.
o Calculated discharge versus available pipe capacity.
o Pipe flow depth versus pipe diameter.
o Surcharged storm drain facilities.
o Areas of structural inundation.
o Conveyance deficiencies and opportunities for system improvements. Review existing flooding concerns and observed field conditions with City staff. Document the agreed-upon existing-condition findings for incorporation into the SDMP as the basis for development and prioritization of recommended capital improvements.
Climate Change Scenarios
Climate Change Analysis:
o Review applicable regional climate projections.
o Develop modified rainfall hyetographs.
o Update the completed H&H models with climate-adjusted inputs. o Simulate future conditions for the 2-, 10-, 25-, and 100-year storm events. o Compare existing and future conditions.
o Document potential impacts and planning considerations.
EXHIBIT C
Ms. Kim Porter
July 7, 2026
Deliverables:
Summary of existing-condition model findings.
Climate change PCSWMM model files.
GIS mapping of existing-condition and climate change model results. Documentation of findings in the SDMP.
TASK 3. STORM DRAIN BASINS
Evaluation of Existing Basins
Functionality Assessment:
o Analyze the current performance and condition of up to 10 major storm drain basins in Paso Robles.
o Focus on their effectiveness in managing stormwater.
Updated Design Standards
Recommendation for Updates:
o Propose revisions to basin design standards to enhance performance. o Consider current practices for flood control and water quality management.
Dry-Weather Flow Issues
Documentation and Review:
o Record instances of dry-weather flow issues.
o Review historical solutions implemented to address these challenges.
Stormwater Control Measures (SCMs) vs. Flood Control
Differentiation and Balance:
o Distinguish between SCMs designed to improve water quality and those aimed at flood control.
o Ensure a balanced approach to future basin designs and upgrades.
Deliverables:
Provided Documentation:
o Assessment of basin functionality and condition.
o Recommendations for updated basin design standards.
o Documentation of dry-weather flow issues and solutions. o Evaluation of stormwater control measures and flood control objectives. o Inclusion of findings in the SDMP document.
EXHIBIT C
Ms. Kim Porter
July 7, 2026
TASK 4. RECOMMENDED IMPROVEMENTS
CIP Recommendations
Propose Drainage Improvements:
o Propose drainage improvements that include sustainable, multi-benefit solutions such as Green Street projects.
o Ensure alignment with Paso Robles’ goals for enhanced stormwater management, public safety, and environmental sustainability.
o Identify additional potential project opportunities using GIS-based analysis. o Focus on areas of public ownership zoned for open space, parks, or similar land uses near storm drain infrastructure.
o Provide the city with a list, GIS layer, and map of additional potential regional improvement projects.
Coordination for Regional Projects:
o Identify and incorporate potential regional improvements, including:
Regional detention basins.
Stream rehabilitation projects.
Regional water quality improvements.
o Include currently planned regional projects in the existing Storm Drain Master Plan (SDMP).
CIP Prioritization
Bundling CIP Projects:
o Bundle up to 15 Capital Improvement Projects (CIPs) into relevant project areas for implementation.
o Include improvements to backbone infrastructure, extensions/additions for sustainable development, and multi-benefit projects for Regional MS4 Permit compliance.
Prioritization Matrix:
o Develop a prioritization matrix to evaluate project benefits using:
Modeling results (e.g., deficiencies and surcharge).
GIS data (e.g., facility age, location, relevance to structural inundation). o Review and refine prioritization methodology with Paso Robles staff, leveraging GIS tools and project experience.
Cost of Improvements
Unit Cost Research:
o Research local bid history and recent CIP/DMP project experience to establish unit costs for construction.
o Provide unit costs to the city for review and concurrence before estimating project costs.
EXHIBIT C
Ms. Kim Porter
July 7, 2026
Cost Estimates:
o Deliver order-of-magnitude opinions of probable construction cost (OPCC) for each recommended facility.
o Include estimates for city-wide drainage infrastructure capital costs beyond the selected CIP projects.
Integration into SDMP:
o Incorporate bundled CIP projects and cost estimates into the SDMP document.
Future Expansion Considerations
Identify Expansion Projects:
o Focus on the West, Northeast, East, and Southeast study areas. Plan for Capacity Needs:
o Address current and future infrastructure demands.
Support Growth:
o Align projects with future development projections.
Enhance Resilience:
o Incorporate green infrastructure for sustainable, long-term solutions.
Proposed Condition Modeling
Develop Proposed Condition Models:
o Update the existing H&H models to reflect proposed infrastructure improvements and recommendations.
o Run the proposed condition H&H models for the current 2-, 10-, 25-, and 100-year storm events for a total of 16 model runs.
o Run the proposed condition H&H models for the climate change 2-, 10-, 25-, and 100-year storm events for a total of 16 model runs.
Analyze Proposed Condition Models:
o Assess impacts of proposed improvements.
Funding Strategy and Grant Opportunity Support
RICK will support identification and evaluation of funding opportunities for implementation of recommended capital improvements developed through the SDMP. If requested by the City, RICK will prepare one grant application for a selected priority project, including coordination with City staff, preparation of supporting documentation, draft letters of support, and final application submittal.
EXHIBIT C
Ms. Kim Porter
July 7, 2026
Deliverables:
Funding opportunity recommendations.
Draft letters of support
Draft Grant Application
Final Grant Application
GIS layer with project locations, contributing areas, and recommended project types. For review and concurrence, the results of the bundling and prioritization of recommended improvements will be shared with the City.
GIS storm drain inventory with CIP recommendations, including Multi-Benefit Green Street project opportunities
For review and concurrence, a spreadsheet of unit costs will be provided to the City prior to applying the costs to CIPs
GIS storm drain inventory with Estimated Construction Costs for CIP projects (and overall recommendations)
Outline of future expansion projects in each study area and documentation of findings of this section in the SDMP document.
Proposed condition H&H model files for 2-, 10-, 25-, and 100-year storm events and climate change scenarios.
GIS based web-application of existing drainage infrastructure, recommended infrastructure, and modeling results.
TASK 5. MAINTENANCE AND REPLACEMENT
Valuation of Costs
Principal Costs:
o Summarize the primary costs associated with maintaining and replacing storm drain infrastructure.
o Focus on critical components such as pipes, channels, and storage facilities. Life Cycle Costs:
o Provide general life cycle cost estimates, including:
Annual operations and maintenance expenses.
Replacement costs.
Deliverables:
Valuation of principal and life cycle costs for infrastructure maintenance. Documentation of findings of this section in the SDMP document.
EXHIBIT C
Ms. Kim Porter
July 7, 2026
TASK 6. DELIVERABLES
Comprehensive Storm Drain Master Plan:
Submit a Draft Comprehensive Storm Drain Master Plan (SDMP) for City review, incorporating the completed Technical Study SDMP with the Phase 2 Action Plan, recommended capital improvements, implementation strategies, exhibits, GIS data, and supporting documentation.
Address City review comments and submit the Final Comprehensive Storm Drain Master Plan (SDMP).
Deliver a GIS web application for City reference and periodic updates. Supporting documentation and GIS datasets.
EXHIBIT C
Council Agenda Report
From: Sam Ricklefs, Assistant Planner
Subject: Approval to Add Arborists Amy Trejo and Manuel Trejo to the City’s Certified Arborist List CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378 as it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is a continuing administrative activity of the City.
Date: July 21, 2026
Facts
1. Chapter 10.01.040 of the Paso Robles Municipal Code requires that a person who provides arborists services in the City must be certified by the Western Chapter of the International Society of Arboriculture (ISA) and must be on City’s List of Certified Arborists (“List”) approved by the City Council.
2. This pre-approved arborist consultant List is meant to ensure that only ISA-certified arborists are used by applicants in addressing oak tree concerns in the City.
3. Amy Trejo, ISA Certified Arborist WE-14810A, and Manuel Trejo, ISA Certified Arborist WE-14404A, have requested that their names be added to the City’s List to perform work within City boundaries.
Both Mr. and Mrs. Trejo will be working as consulting Arborists for the company, Trejo Tree Consulting.
4. Mrs. Trejo has been an ISA Certified Arborist since 2023, with experience in tree risk assessments, tree diagnosis and treatment recommendations, arborist reports, and evaluations of tree health. She has previously worked for Evergreen Tree Services of Atascadero, CA, which provided her with a diverse background in tree care and has since led to her and her husband expanding into consulting and plant healthcare services under their new business (see Attachment 1).
5. Mr. Trejo has been an ISA Certified Arborist since 2022 and has specialization with health assessments, risk evaluation, and diagnosis of structural issues. He has also performed work with Evergreen Tree Services of Atascadero, CA as well as Whit’s-Turn Tree Care of Templeton, CA, and Sam’s Tree 805, Inc. of Creston, CA (see Attachment 2).
6. Mrs. and Mr. Trejo have both provided signed statements acknowledging their understanding of the conditions under which the City will individually accept them for approval and addition to the List (see Attachments 3 and 4).
7. Staff has confirmed that Mrs. Trejo and Mr. Trejo are both listed as ISA Certified Arborists on the ISA’s website. Based on this certification, Mrs. Trejo and Mr. Trejo are both qualified to provide consulting arborist services and to prepare arborist reports to the City pursuant to Chapter 10.01 requirements.
Options
1. Take no action.
2. Add Amy Trejo and Manuel Trejo, ISA Certified Arborists, to the City’s list of Certified Arborists.
3. Provide alternative direction to staff.
Analysis and Conclusions
The City’s Oak Tree Preservation Ordinance (Paso Robles Municipal Code Chapter 10.01, the “Ordinance”) requires any arborist consulting in the City to be certified by the ISA as qualified to determine the health of an oak tree and to be able to make recommendations regarding the pruning, cutting, and preservation measures required. This certification is required to meet the intent of the Ordinance to preserve existing oak trees where possible and promote the establishment of new oak trees where needed.
Mrs. Trejo meets the standards of ISA certification as required under the Ordinance. Mrs. Trejo’s work as an ISA Certified Arborist in San Luis Obispo County has included tree risk assessments, tree diagnosis and treatment recommendations, arborist reports, and evaluations of tree health and conditions. Additionally, she has conducted site monitoring for various jobs throughout the County.
Mr. Trejo also meets the standards of ISA certification as required under the Ordinance. Mr. Trejo’s work as an ISA Certified Arborist has included specializations in tree health assessments, risk evaluation, and diagnosis of structural issues. He also has on-site experience as a tree climber, crew leader, and foreman with construction projects in San Luis Obispo County.
Mrs. Trejo and Mr. Trejo have individually provided their acknowledgement of the City’s Oak Tree Preservation Ordinance and Oak Tree Evaluation Criteria, and each have prepared a statement that they agree to conform to the City’s criteria for evaluation and preparation of arborist reports.
Fiscal Impact
There is no fiscal impact to the City related to adding an Arborist to the List. However, assurance that a qualified and ISA-certified professional is performing oak tree evaluations helps to ensure their continued protection, providing value to the City as a whole.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378 as it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is a continuing administrative activity of the City.
Recommendation (Option 2)
Approve Resolution 26-XXX, adding Amy Trejo and Manuel Trejo, ISA Certified Arborists, to the City’s List of Certified Arborists.
Attachments
1. Overview of Arborist Experience - Amy Trejo
2. Overview of Arborist Experience - Manuel Trejo
3. Arborist Application - Amy Trejo
4. Arborist Application - Manuel Trejo
5. Resolution 26-XXX
a. Exhibit A: Updated ISA-Certified Arborist List
To Whom It May Concern:
I am submitting this request to be added to the City of Paso Robles List of ISA Certified Arborists.
My name is Amy Trejo, ISA Certified Arborist WE-14810A. I have been involved in the tree industry my entire life, having grown up in a family-owned tree business where a love and respect for trees has been passed down through generations. I am proud to be a fourthgeneration member of the industry and a second-generation female ISA Certified Arborist.
I became ISA certified in 2023 and have continued my education through industry trainings and seminars. My experience includes assisting with tree risk assessments, tree diagnosis and treatment recommendations, arborist reports, and evaluations of tree health and condition.
I am passionate about plant health care, tree preservation, and public safety. I strive to provide recommendations that support the long-term health and sustainability of trees. I have reviewed the City of Paso Robles Oak Tree Preservation Ordinance and Oak Tree Impact Evaluation Report Guidelines and understand the requirements for evaluating tree conditions and recommending appropriate mitigation measures.
Thank you for your consideration.
Sincerely,
Amy Trejo
ISA Certified Arborist WE-14810A
Trejo Tree Consulting
Attachment 1
From: Amynmanuel Trejo
To: Sam Ricklefs
Subject: Re: ISA Certified Arborist List - Request
Date: Thursday, July 2, 2026 1:41:26 PM
Attachments: image001.png
[EXTERNAL EMAIL]
Hi Sam,
Thank you for reaching out.
Both Manuel and I are ISA Certified Arborists and complete 30 Continuing Education Units (CEUs) during each certification cycle to maintain our certifications.
We have attended multiple Western Chapter ISA Tree competitions and trainings. We attended the TCIA Expo in St. Louis as well, to stay current with industry standards, safety practices, and advancements in arboriculture. We regularly participate in continuing education and professional development opportunities.
I worked for Evergreen Tree Service, a family-owned tree business, for many years. I began hands on, on the job, dragging brush, operating chainsaws, chippers, stump grinders, and assisting tree crews. Later I assisted with estimates, customer communication, invoices, paperwork, and office administration. I gained experience in both the operational and business aspects of the tree care industry. Currently I’m employed by the County of San Luis Obispo in another field, where additional experience has been gained in communication, organization, customer service, and problem solving. I continue to help Manuel with arborist reports and tree assessments on the side.
Manuel has worked in the tree industry for decades.
Began his career in Humboldt County with extensive training in the field. He also worked in Oregon for a year, where he excelled as a climber and crew leader. Locally he worked for Sam’s Tree 805, Whit-Turn Tree Care, and Evergreen Tree Service. He has extensive experience as a tree climber, crew leader, and foreman. He worked on projects for PG&E and the railroad. He has trained and mentored numerous climbers throughout his career. He currently focuses on tree assessments, recommendations, and estimates, evaluating tree health, structural conditions, risk factors, and treatment.
Together, we assess tree health and structure, including roots, soil conditions, trunks, cavities, branch attachments, pests, fungi, and other indicators of tree health and risk. We understand proper pruning techniques and industry best practices. We strive to preserve trees whenever possible and avoid topping and unnecessary removals. We support responsible tree Attachment 1
management practices that promote long-term tree health, public safety, and environmental stewardship.
We maintain strong relationships with many local tree companies and regularly communicate and collaborate with other arborists. We are expanding into consulting and plant health care services, which we believe is an important and growing need in our area. We support proper tree care practices and encourage work to be performed according to industry standards by qualified and educated individuals.
Arboriculture has been a lifelong part of our family. My parents introduced us to tree care and plant health at an early age. Together they ran a successful tree company for over 40 years. My mom was an ISA Certified Arborist for decades. My brother Raymond is a local ISA Certified Arborist in south county. My brother Sam of Sam’s Tree 805 is a local ISA Certified Master Arborist.
We regularly discuss tree health, industry trends, and arboricultural practices with family members and fellow arborists. Arboriculture is more than our profession; it is a lifelong passion and a multi-generational part of our family. We are committed to promoting proper tree care, plant health, public safety, and responsible urban forestry within our community.
Hope this helps.
Thank you,
Amy and Manuel Trejo
Get Outlook for iOS
From: Sam Ricklefs <[email protected]>
Sent: Thursday, 02 July 2026 08:36:47
To: Amynmanuel Trejo <[email protected]>
Subject: RE: ISA Certified Arborist List - Request
Hi Amy and Manuel,
Thank you for the information that you have provided here so far! Would you be able to provide some further details on your individual work experiences, and how these experiences helped you to develop some of the skills you mentioned in your request letters? We’ll provide some of these details as part of the staff report we develop for City Council.
Let me know if there are any questions.
Attachment 1
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Thanks!
Sam Ricklefs
Assistant Planner
[email protected]
(805) 635-1082
City of Paso Robles
Community Development Department
1000 Spring Street, Paso Robles, CA 93446
www.prcity.com
[email protected]
(805) 237-3970
Please send all planning application submittals and resubmittals to [email protected].
From: Amynmanuel Trejo <[email protected]>
Sent: Sunday, June 28, 2026 2:54 PM
To: Planning <[email protected]>
Subject: ISA Certified Arborist List - Request
[EXTERNAL EMAIL]
Good Afternoon,
Both Myself, Amy Trejo and my husband Manuel Trejo are submitting requests to be added to the City of Paso Robles List of ISA Certified Arborists. I have included our arborist certification statements, request letters, and ISA certificates.
Please let me know if you need any additional information.
Thank you for your consideration.
Amy and Manuel Trejo,
(805)610-9712
this email, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and /or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
Attachment 1
To Whom It May Concern:
I am submitting this request to be added to the City of Paso Robles List of ISA Certified Arborists. My name is Manuel Trejo, ISA Certified Arborist WE-14401A, with over 25 years of experience in tree care throughout California. I became ISA certified in 2022 and specialize in tree identification, health assessments, risk evaluation, and diagnosing structural issues. I prioritize public safety while promoting long term tree health and preservation whenever possible.
I have experience evaluating tree conditions, assessing risks, and providing recommendations to address all tree related concerns. I understand the importance of protecting native oaks and have reviewed the City of Paso Robles Oak Tree Impact Evaluation Report Guidelines. I am committed to providing professional, objective arboricultural services to support tree preservation and responsible development.
Thank you for your consideration. I look forward to the opportunity to serve the City of Paso Robles.
Sincerely,
Manuel Trejo, ISA Certified Arborist WE-14401A
Atascadero, California (805) 610-9712
Attachment 2
From: Amynmanuel Trejo
To: Sam Ricklefs
Subject: Re: ISA Certified Arborist List - Request
Date: Thursday, July 2, 2026 1:41:26 PM
Attachments: image001.png
[EXTERNAL EMAIL]
Hi Sam,
Thank you for reaching out.
Both Manuel and I are ISA Certified Arborists and complete 30 Continuing Education Units (CEUs) during each certification cycle to maintain our certifications.
We have attended multiple Western Chapter ISA Tree competitions and trainings. We attended the TCIA Expo in St. Louis as well, to stay current with industry standards, safety practices, and advancements in arboriculture. We regularly participate in continuing education and professional development opportunities.
I worked for Evergreen Tree Service, a family-owned tree business, for many years. I began hands on, on the job, dragging brush, operating chainsaws, chippers, stump grinders, and assisting tree crews. Later I assisted with estimates, customer communication, invoices, paperwork, and office administration. I gained experience in both the operational and business aspects of the tree care industry. Currently I’m employed by the County of San Luis Obispo in another field, where additional experience has been gained in communication, organization, customer service, and problem solving. I continue to help Manuel with arborist reports and tree assessments on the side.
Manuel has worked in the tree industry for decades.
Began his career in Humboldt County with extensive training in the field. He also worked in Oregon for a year, where he excelled as a climber and crew leader. Locally he worked for Sam’s Tree 805, Whit-Turn Tree Care, and Evergreen Tree Service. He has extensive experience as a tree climber, crew leader, and foreman. He worked on projects for PG&E and the railroad. He has trained and mentored numerous climbers throughout his career. He currently focuses on tree assessments, recommendations, and estimates, evaluating tree health, structural conditions, risk factors, and treatment.
Together, we assess tree health and structure, including roots, soil conditions, trunks, cavities, branch attachments, pests, fungi, and other indicators of tree health and risk. We understand proper pruning techniques and industry best practices. We strive to preserve trees whenever possible and avoid topping and unnecessary removals. We support responsible tree Attachment 2
management practices that promote long-term tree health, public safety, and environmental stewardship.
We maintain strong relationships with many local tree companies and regularly communicate and collaborate with other arborists. We are expanding into consulting and plant health care services, which we believe is an important and growing need in our area. We support proper tree care practices and encourage work to be performed according to industry standards by qualified and educated individuals.
Arboriculture has been a lifelong part of our family. My parents introduced us to tree care and plant health at an early age. Together they ran a successful tree company for over 40 years. My mom was an ISA Certified Arborist for decades. My brother Raymond is a local ISA Certified Arborist in south county. My brother Sam of Sam’s Tree 805 is a local ISA Certified Master Arborist.
We regularly discuss tree health, industry trends, and arboricultural practices with family members and fellow arborists. Arboriculture is more than our profession; it is a lifelong passion and a multi-generational part of our family. We are committed to promoting proper tree care, plant health, public safety, and responsible urban forestry within our community.
Hope this helps.
Thank you,
Amy and Manuel Trejo
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From: Sam Ricklefs <[email protected]>
Sent: Thursday, 02 July 2026 08:36:47
To: Amynmanuel Trejo <[email protected]>
Subject: RE: ISA Certified Arborist List - Request
Hi Amy and Manuel,
Thank you for the information that you have provided here so far! Would you be able to provide some further details on your individual work experiences, and how these experiences helped you to develop some of the skills you mentioned in your request letters? We’ll provide some of these details as part of the staff report we develop for City Council.
Let me know if there are any questions.
Attachment 2
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Thanks!
Sam Ricklefs
Assistant Planner
[email protected]
(805) 635-1082
City of Paso Robles
Community Development Department
1000 Spring Street, Paso Robles, CA 93446
www.prcity.com
[email protected]
(805) 237-3970
Please send all planning application submittals and resubmittals to [email protected].
From: Amynmanuel Trejo <[email protected]>
Sent: Sunday, June 28, 2026 2:54 PM
To: Planning <[email protected]>
Subject: ISA Certified Arborist List - Request
[EXTERNAL EMAIL]
Good Afternoon,
Both Myself, Amy Trejo and my husband Manuel Trejo are submitting requests to be added to the City of Paso Robles List of ISA Certified Arborists. I have included our arborist certification statements, request letters, and ISA certificates.
Please let me know if you need any additional information.
Thank you for your consideration.
Amy and Manuel Trejo,
(805)610-9712
this email, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and /or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
Attachment 2
Attachment 3
Attachment 4
Attachment 5
RESOLUTION 26-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES APPROVING THE ADDITION OF TWO ARBORISTS TO THE CITY’S LIST OF APPROVED ARBORISTS WHEREAS, Chapter 10.01.040 of the Paso Robles Municipal Code requires that a person who provides arborist services in the City must be certified by the Western Chapter of the International Society of Arboriculture (ISA) and must be on a List of Certified Arborists approved by the City Council (“List”); and WHEREAS, this pre-approved arborist consultant List is meant to ensure that only ISA-certified arborists are used by applicants in addressing oak tree concerns in the City; and WHEREAS, Amy Trejo, ISA Certified Arborist WE-14810A, and Manuel Trejo, ISA Certified Arborist WE14404A, have requested that their names be added to the City’s List to perform work within City boundaries; and
WHEREAS, the applicant arborists are both certified by the ISA and located within San Luis Obispo County; and
WHEREAS, in accordance with the Oak Tree Preservation Ordinance, the City developed Oak Tree Evaluation Report criteria; and
WHEREAS, staff has reviewed the Certification Statements of both Mrs. Trejo and Mr. Trejo and determined that they are each individually qualified to prepare arborist reports and provide consultation services within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. This action is not a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060 subd. (c)(2)-(3) and 15378, as it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is a continuing administrative activity of the City.
Section 3. The City Council hereby approves the addition of certified arborists, Amy Trejo and Manuel Trejo, to the City of Paso Robles ISA-Certified Arborist List attached hereto as Exhibit A and incorporated herein by reference.
APPROVED this 21st day of July 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 5
____________________________________
John R. Hamon, Jr., Mayor
ATTEST:
____________________________________
Melissa Martin, City Clerk
Exhibit A – Updated Arborist List
CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
ISA CERTIFIED ARBORIST LIST
(International Society of Arboriculture)
Certified Members residing in San Luis Obispo County
Local members(alphabetically Z-A):
NAME ISA CERT.
NO.
FIRM NAME/ADDRESS PHONE/FAX/EMAIL
1 Woodard, Charles WE-5065A Woodward Tree Consulting
4591 San Anselmo Road
Atascadero, CA 93422
(805) 462-2423
2 Weichert, Kyle WE-12113A Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, CA 93401
(805) 547-0900
[email protected](80
5) 235-1133 (cell)
3 Wilkie, Seth WE-14277AU Catalyst Tree Service LLC
1271 Little Morrow Creek Road
Morro Bay, CA 93442
(805) 748-3387
[email protected]
4 Van Horbek, William WE-6407B Bunyon Brothers Tree Service 5345 Davenport Creek Rd.
San Luis Obispo, CA
(805) 441-8607
[email protected]
5 Tutt, Michael WE-1016 Tutt Tree & Crane Service
P. O. Box 6039
Los Osos, CA 93412
(805) 543-3033
(805) 528-3450 (fax)
6 Trejo, Manuel WE-14404A Sam’s Tree 805, Inc.
7138 Rocky Canyon Rd.
Creston, CA 93432
(805) 610-8266
[email protected]
7 Trejo, Amy WE-14810A Trejo Tree Consulting
4724 Arizona Ave.
Atascadero, CA 93422
(805) 610-9712
[email protected]
8 Thurman, Rodney PN-2684BUM Heritage Tree Arboriculture Consulting
1343 Bishop Street,
San Luis Obispo, CA 93401
(805) 234-8760
[email protected]
9 Stier, Chris WE-9262A Greenvale Tree Co.
PO Box 13234
San Luis Obispo, CA 93406
(805) 544-1124
(805) 781-8733 (fax)
[email protected]
10 Small, Kevin J. WE-7333A PleinAire Design Group
124 W. Main St., Suite F
Santa Maria, CA 93458
(805) 349-9695
(805) 928-4689 (fax)
[email protected]
11 Scovell, Morgan WE-12338A 4th Generation Tree
PO Box 512
Templeton, CA 93465
(805) 462-2020
[email protected]
Exhibit A
12 Scovell, Charles Sr. WE-0346 Scovell Tree Surgery
3850 Maricopa Road
Atascadero, CA 93422
(805) 466-0252
13 Schreiber, Robert FL-0314 Arbor First
170 Terra Street
Morro Bay, CA 93442
(805) 772-5400
[email protected]
Cell 805 441-3715
14 Rinell, Ron WE-9252A Bunyon Bros. Tree Service
5345 Davenport Creek Rd.
San Luis Obispo, CA 93401
(805) 547-1903
Fax (805) 544-2071
[email protected]
15 Ponti, Dan WE-14152A Timber Worx
8 W 12th Street
Paso Robles, CA 93446
(805) 610-1234
[email protected]
16 Pereira, Cory WE-4256AU Whit’s Turn Tree Care
PO Box 3028
Atascadero, CA 93422
(805) 434-9630
[email protected]
17 Patterson, Jim WE-0663A James Patterson
9312 N. Santa Margarita Rd.
Atascadero, CA 93422
(805) 466-2645
[email protected]
18 Oakley, Sam WE-9474B The Oakley Group, LLC
PO Box 2412
Pismo Beach, CA 93448
(805) 270-3439
[email protected]
17 Minnick, Jake WE-11830A RRM Design
3765 S. Higuera St. Ste 102
San Luis Obispo, CA93401
(805) 543-1794
[email protected]
20 Meyer, Cory WE-7678A Meyer Tree Consulting
7345 Pinal Ave
Atascadero, CA 93422
805-610-2486
[email protected]
21 Magney, David WE-7674A David Magney Environmental
Consulting
P.O. Box 1539
Cedar Ridge, CA 95924-1539
530-273-1799
805-701-2132
[email protected]
22 Leach, Carolyn WE-0727 Carolyn B. Leach
444 Blume Street
Nipomo, CA 93444
(805) 929-9020
[email protected]
23 Lambert, Evin WE-9776A Monarch Environmental
147 Del Sur Way
San Luis Obispo, CA 93405
(949) 606-2437
(949) 207-3770
[email protected]
24 Kulick, Ben WE-12141A Stalwork Inc.
PO Box 391
San Luis Obispo, CA 93406
(805) 542-0033
[email protected]
25 Kroesche, Sophie WE-15635A Althouse and Meade, Inc.
1650 Ramada Drive, Suite 180
Paso Robles, CA 93446
805-237-9626
408-502-2430
[email protected]
26 Koker, Kelly WE-11968A Kokers Demo and Tree Service
3580 Branch Road
Paso Robles, CA 93446
(805) 423-8511
[email protected]
27 Koker, Hattie WE-13496A Central Coast Arborists
3580 Branch Road
Paso Robles, CA 93446
(805) 423-4933
[email protected]
Exhibit A
28 Keeley, Daniel WE-14367A Althouse& Meade, Inc
1650 Ramada Dr.
Paso Robles, CA 93446
(805) 237-9626
[email protected]
29 Johnson, Andrew WE-9378A Upper Salinas-Las Tables Resource Conservation District
9481 El Camino Real
Atascadero, CA 93422
(805) 460-7272
[email protected]
30 Combs, Ron WE-6343AM 4370 Whispering Oak Way
Paso Robles, CA 93446
(805) 431-7512
[email protected]
31 Colgate, Keven Ann WE-11384A Stantec
201 N Calle Cesar Chavez, Ste 203
Santa Barbara, CA 93103
805-444-1063
[email protected]
32 Brown, Dave WE-7992A ACE Cert. Tree Care
2550 Tienda Place
Arroyo Grande, CA 93420
(805) 474-8013
www.acecertifiedtreecare.com
33 Bova, Michael J. WE-3372A Davey Resource Group
7627 Morro Road
Atascadero, CA 93422
(805) 286-0181
[email protected]
Modified July 21, 2026
Exhibit A
Council Agenda Report
From: Dante Peccenino, Interim City Engineer/Deputy Community Development Director Subject: Acceptance of Beechwood Conservation Easement Deed Agreement (Tract 3160) – Beechwood Specific Plan
CEQA Determination: The Beechwood Conservation Easement is within the scope of the Beechwood Specific Plan Environmental Impact Report (SCH #2018061064), certified by the City Council in 2020. The conservation easement was contemplated as part of environmental mitigation, open space preservation, biological resource protection, and implementation framework associated with the approved Beechwood Specific Plan development.
The proposed action consists solely of acceptance and recordation of a conservation easement and does not authorize any expansion of the approved project, additional development, or changes requiring further environmental review. Therefore, the action is covered by the previously certified EIR and no further environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.
Date: July 21, 2026
Facts
1. The Beechwood Specific Plan project consists of a master-planned residential community approved on approximately 234.83 acres generally located south of Meadowlark Road, north of Creston Road, west of Hanson Road, and east of Beechwood Drive within the southeastern area of the City.
2. The Beechwood Specific Plan project approvals included certification of a Final Environmental Impact Report (SCH #2018061064), General Plan Amendments, Specific Plan adoption, zoning amendments, Oak Tree Removal Permit approvals, Vesting Tentative Tract Map 3160, and associated project entitlements approved by the City Council in 2020.
3. The approved Beechwood Specific Plan provides for development of residential neighborhoods, parks, open space areas, trails, mixed-use development areas, utility infrastructure, and associated public improvements intended to support long-term orderly development of the project area.
4. The approved Beechwood Specific Plan and associated environmental review identified the need for preservation and long-term protection of designated open space, wetlands, biological, viewshed, and environmentally sensitive resource areas associated with the project site and Creston Road corridor.
5. The Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, and associated Conditions of Approval contemplated implementation measures including open space preservation, environmental mitigation measures, biological resource protection, and long-term management of designated conservation areas.
6. Vesting Tentative Tract Map 3160 was approved by the City Council on September 1, 2020 and subsequently recorded as a large lot subdivision map for development, phasing, financing, open space, and infrastructure implementation purposes.
7. The applicant has submitted a Conservation Easement Deed Agreement for acceptance by the City to implement portions of the approved environmental mitigation and open space preservation framework associated with the Beechwood Specific Plan project, Exhibit A.
8. The proposed Conservation Easement applies to approximately 11.328 acres within the Beechwood Specific Plan.
9. The Conservation Easement is intended to preserve and protect environmental, biological, wetlands, open space, and conservation resources consistent with the approved Specific Plan, General Plan policies, Conditions of Approval, and Final Environmental Impact Report mitigation framework.
10. The Conservation Easement grants the City rights to preserve and protect the conservation values of the easement property and to monitor and enforce compliance with the easement terms in perpetuity.
11. The Conservation Easement areas will be managed and maintained consistent with the approved Beechwood Specific Plan implementation framework and applicable homeowners’ association or ownership responsibilities.
12. Acceptance of the Conservation Easement does not transfer ownership of the easement property to the City or create City maintenance obligations for the easement areas. The Conservation Easement provides the City with rights to preserve and protect the conservation values of the property and to monitor and enforce compliance with the easement terms, while ongoing ownership and maintenance responsibilities remain with the underlying property owner and/or applicable homeowners’ association consistent with the approved Beechwood Specific Plan implementation framework.
13. The Conservation Easement generally restricts development, grading, and construction activities within the easement areas; however, the easement allows limited activities associated with wetland habitat creation, mitigation, restoration, maintenance, enhancement, and certain improvements necessary to support development of portions of the Beechwood Specific Plan area outside the easement boundaries, including planned stormwater basin improvements intended to support the approved Beechwood development, provided such activities remain consistent with the conservation purposes and restrictions of the Conservation Easement Deed Agreement.
Options
1. Decline to accept the Conservation Easement;
2. Approve the following actions:
a. Accept the Beechwood Conservation Easement Deed Agreement for approximately 11.328 acres within the Beechwood Specific Plan area;
b. Authorize the City Manager to execute the Conservation Easement Deed Agreement acknowledging the City’s acceptance of the Conservation Easement; and c. Direct staff to record the Conservation Easement Deed Agreement and process all associated recordation documents necessary to effectuate the Conservation Easement;
3. Provide alternative direction to staff.
Analysis and Conclusions
The Beechwood Conservation Easement was prepared as part of the approved Beechwood Specific Plan implementation and environmental mitigation framework. The easement provides long-term protection of designated open space, wetlands, biological, viewshed, and environmental resource areas associated with the project.
Acceptance of the Conservation Easement is consistent with the previously approved Beechwood Specific Plan, Vesting Tentative Tract Map 3160, certified Environmental Impact Report, Conditions of Approval,
and associated mitigation measures. The proposed easement provides for perpetual preservation and protection of conservation resources within the designated easement area.
City staff has reviewed the Conservation Easement documents and determined the easement is consistent with the approved project approvals and appropriate for City acceptance.
Fiscal Impact
Acceptance of the Conservation Easement itself will not result in a direct fiscal impact to the City. Longterm management and maintenance responsibilities for the easement area are anticipated to occur through the approved Beechwood Specific Plan ownership and maintenance framework.
CEQA
The Beechwood Specific Plan project was previously analyzed under the Beechwood Specific Plan Environmental Impact Report (SCH #2018061064), certified by the City Council in 2020, together with associated CEQA findings, mitigation measures, and Statements of Overriding Considerations.
The Beechwood Conservation Easement is within the scope of the previously approved project and constitutes an implementation measure contemplated and evaluated as part of the approved Specific Plan, Vesting Tentative Tract Map 3160, Conditions of Approval, and environmental mitigation framework.
The proposed action consists solely of acceptance and recordation of a conservation easement and does not authorize any new construction or changes to the previously approved project. Accordingly, the action is covered by the prior environmental review for the Beechwood Specific Plan project and no additional environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.
Recommendation (Option 2)
Approve Resolution 26-XXX, accepting the Beechwood Conservation Easement Deed Agreement for approximately 11.328 acres within Areas B, C, D, and H of the Beechwood Specific Plan area; authorize the City Manager to execute the Conservation Easement Deed Agreement acknowledging the City’s acceptance of the Conservation Easement; and direct staff to record the Conservation Easement Deed Agreement and process all associated recordation documents necessary to effectuate the Conservation Easement.
Attachments
1. Conservation Easement Location Map
2. Resolution 26-XXX – Beechwood Conservation Easement Deed Agreement a. Exhibit A – Conservation Easement Deed Agreement
N © FOLSOM, CA 95630
2525 EAST BIDWELL STREET
916-638-8200
rickengineering.com
EXHIBIT A
CONSERVATION EASEMENT
TRACT 3160 : 41 MAPS 29-41
Docusign Envelope ID: D677E61D-1DF2-430D-AC03-66EF6D4F6243 Attachment 1
Conservation Easement Location Map
Attachment 2
RESOLUTION 26-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
ACCEPTING THE BEECHWOOD CONSERVATION EASEMENT DEED AGREEMENT (TRACT 3160) – Beechwood Specific Plan
WHEREAS, the Beechwood Specific Plan project was approved by the City Council in 2020 for development of approximately 234.83 acres generally located south of Meadowlark Road, north of Creston Road, west of Hanson Road, and east of Beechwood Drive within the southeastern area of the City; and WHEREAS, the Beechwood Specific Plan project approvals included certification of a Final Environmental Impact Report (SCH #2018061064), General Plan Amendments, Specific Plan adoption, zoning amendments, Oak Tree Removal Permit approvals, Vesting Tentative Tract Map 3160, and associated project entitlements; and
WHEREAS, the approved Beechwood Specific Plan included residential neighborhoods, parks, open space areas, trails, mixed-use development areas, utility infrastructure, and associated public improvements intended to support long-term orderly development of the project area; and WHEREAS, the approved Specific Plan, Conditions of Approval, and certified Environmental Impact Report identified the need for preservation and long-term protection of designated open space, wetlands, biological, viewshed, and environmentally sensitive resource areas associated with the project; and WHEREAS, implementation of the approved project included preparation and recordation of a Conservation Easement over designated portions of the property to preserve conservation values and provide long-term protection of open space and environmental resources; and WHEREAS, the proposed Conservation Easement applies to approximately 11.328 acres within the Beechwood Specific Plan area, Exhibit A; and
WHEREAS, the Conservation Easement is intended to preserve and protect environmental, wetlands, biological, viewshed, and open space resources consistent with the Beechwood Specific Plan, General Plan policies, Conditions of Approval, and Final Environmental Impact Report mitigation framework; and WHEREAS, City staff has reviewed the Conservation Easement documents and determined the easement is appropriate for City acceptance; and
WHEREAS, the Beechwood Conservation Easement is within the scope of the Beechwood Specific Plan Environmental Impact Report certified by the City Council in 2020, and no additional environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Attachment 2
Section 2. The City Council authorizes the City Manager to execute the Conservation Easement Deed Agreement acknowledging the City’s acceptance of the Conservation Easement and directs staff to record the Conservation Easement Deed Agreement and process all associated recordation documents necessary to effectuate the Conservation Easement.
APPROVED this 21st day of July, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Martin, City Clerk
Exhibit A – Conservation Easement Deed Agreement
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Matthew T. Summers Special Counsel to the City
Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTION EASEMENT PROPERTY
All of the real property located in the City of Paso Robles, County of San Luis Obispo, State of California, which is more particularly described as follows:
Lots A, B and C, inclusive, as shown on the Subdivision Map entitled "Tract 3160", filed for Record November 15, 2021, in Book 41, at Pages 29 - 41 of Maps, inclusive, filed in the office of the County Recorder, County of San Luis Obispo, State of California.
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Exhibit A
Council Agenda Report
From: Dante Pecchenino, Interim City Engineer/Deputy Community Development Director Subject: Declination of Drainage Easement – Lot 76, Tract 3153-4, Vinedo Planning Area 4 CEQA Determination: The proposed action involves the declination of a previously recorded easement interest and does not constitute a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5). Additionally, the action may be considered exempt under CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Date: July 21, 2026
Facts
1. On March 4, 2025, City Council approved Resolution 25-021, accepting Final Map for Tract 3153-4, Vinedo Planning Area 4, and authorized final map execution and recordation.
2. Current City policy requires all proposed City easements be presented to City Council for acceptance or accepted by the City Manager as authorized under Resolution 25-106.
3. Subsequent to map recordation, Olsen 212 recorded a public drainage easement over a portion of Lot 76 within Tract 3153-4 for storm drain purposes without following the City’s established policy, Exhibit A.
4. City review determined that the associated drainage facilities are intended to remain privately owned and maintained by the applicable Homeowners Association (HOA) and are not intended to be accepted into the City’s public storm drain maintenance system.
5. A separate private drainage easement has been established for HOA ownership, operation, and maintenance of the drainage facilities, Exhibit B.
6. The previously recorded public drainage easement was never authorized or accepted by the City, and the recorded document may create ambiguity regarding future maintenance responsibilities if not formally disclaimed.
7. Government Code Section 27281 authorizes the City to record a resolution declining acceptance of an easement interest.
8. The City Attorney has reviewed the proposed Resolution and determined it to be acceptable as to form.
Options
1. Take no action;
2. Approve a resolution declining acceptance of the drainage easement located within Lot 76 of Tract 3153-4 and authorize recordation of the Resolution and City Manager to take any ancillary documents necessary to effectuate the City Council’s action;
3. Provide alternative direction to staff.
Analysis and Conclusions
The drainage facilities associated with the easement are intended to remain private and maintained by the applicable Homeowners Association and are not intended to be accepted into the City’s public storm drain maintenance system.
Following additional review of the project drainage ownership and maintenance structure, staff determined the drainage facilities are intended to remain private facilities maintained by the HOA, and therefore public ownership or maintenance rights are not necessary. The proposed action clarifies the intended private maintenance responsibilities associated with the drainage facilities and corresponding easement area.
Staff reviewed the recorded public easement and determined that the easement is not necessary for public purposes or City maintenance operations. Declining acceptance of the easement clarifies ownership and maintenance obligations and avoids potential ambiguity regarding future City responsibility for privately maintained drainage facilities.
The proposed action is administrative in nature and does not alter the approved development pattern or authorize additional development activity.
Fiscal Impact
There is no direct fiscal impact associated with the proposed action. Declining acceptance of the easement avoids potential future public maintenance obligations associated with private drainage facilities.
CEQA
The proposed action involves the declination of a previously recorded easement interest and does not constitute a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5). Additionally, the action is exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the activity will not result in a significant environmental impact.
Recommendation (Option 2)
Approve Resolution 26-XXX, declining the acceptance of the drainage easement located within Lot 76 of Tract 3153-4 and authorize the City Clerk to record the Resolution with the San Luis Obispo County Recorder and authorize City Manager to take any ancillary actions necessary to effectuate the City Council’s action.
Attachments
1. Planning Area Map - Olsen South Chandler Project
2. Resolution 26-XXX - Acceptance of Final Map 3153-5
a. Exhibit A – Public Drainage Easement Deed – Recorded b. Exhibit B – Private Drainage Easement –Recorded
PLANNING AREA MAP
OLSEN SOUTH CHANDLER PROJECT Lot 76 Attachment 1 Page 627 of 904 City Council Agenda July 21, 2026 Attachment 2
RESOLUTION 26-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DECLINING ACCEPTANCE OF A DRAINAGE EASEMENT LOCATED WITHIN LOT 76 TRACT 3153-4, VINEDO PLANNING AREA 4
WHEREAS, on March 4, 2025, the City Council approved Final Map for Tract 3153-4, Vinedo Planning Area
4. WHEREAS, City policy requires all proposed City easements be presented to City Council for acceptance or accepted by the City Manager as authorized under Resolution 25-106.
WHEREAS, a public drainage easement was previously recorded over a portion of Lot 76 of Tract 3153-4, Vinedo Planning Area 4 for storm drainage purposes, but was never authorized or accepted by the City, Exhibit A; and
WHEREAS, subsequent review determined that the associated drainage facilities are intended to remain privately owned and maintained by the applicable Homeowners Association, and are not intended to be accepted into the City’s public storm drain maintenance system; and WHEREAS, a private drainage easement has been recorded over a portion of Lot 76, Exhibit B; and WHEREAS, the City Council desires to formally decline acceptance of the drainage easement in order to clarify ownership and maintenance responsibilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby declines acceptance of the drainage easement located within Lot 76 of Tract 3153-4, as described in Exhibit A attached hereto and incorporated herein by this reference.
Section 3. The City Council directs the City Clerk to cause this Resolution to be recorded with the San Luis Obispo County Recorder.
Section 4. The City Council authorizes the City Manager, in consultation with the City Attorney, to take any ancillary actions necessary to effectuate the City Council’s action.
Section 5. The proposed action involves the declination of a previously recorded drainage easement and does not authorize new development or physical changes to the environment.
The City Council finds the action does not constitute a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5). Alternatively, the action is exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Attachment 2
APPROVED by the City Council of the City of El Paso de Robles by the following vote on July 21, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Martin, City Clerk
Attachments
Exhibit A - Public Drainage Easement Deed - Recorded
Exhibit B - Private Drainage Easement –Recorded
Exhibit A Page 630 of 904 City Council Agenda July 21, 2026 Exhibit A Page 631 of 904 City Council Agenda July 21, 2026 Exhibit A Page 632 of 904 City Council Agenda July 21, 2026 Exhibit A Page 633 of 904 City Council Agenda July 21, 2026 Exhibit A Page 634 of 904 City Council Agenda July 21, 2026 Exhibit B Page 635 of 904 City Council Agenda July 21, 2026 Exhibit B Page 636 of 904 City Council Agenda July 21, 2026 Exhibit B Page 637 of 904 City Council Agenda July 21, 2026 Exhibit B Page 638 of 904 City Council Agenda July 21, 2026 Exhibit B Page 639 of 904 City Council Agenda July 21, 2026 Exhibit B Page 640 of 904 City Council Agenda July 21, 2026 Exhibit B
Council Agenda Report
From: Dante Pecchenino City Engineer/Deputy Community Development Director Subject: Acceptance of Public Improvements for the Remaining Portion of Airport Road, Vinedo Backbone Phase 1 Improvements
CEQA Determination: In compliance with the California Environmental Quality Act (CEQA), an initial study and environmental impact report (SCH 2019011065) were prepared for the Olsen South Chandler Specific Plan (Vinedo). Staff recommends the City Council find that accepting Airport Road for public use does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Date: July 21, 2026
Facts
1. The Olsen South Chandler Specific Plan was approved by the City Council on February 20, 2020, and provides for development of approximately 1,293 residential units and associated backbone infrastructure improvements.
2. On November 7, 2023, the City Council authorized the City Manager to execute the Subdivision Improvement Agreement for Olsen South Chandler Specific Plan Backbone Infrastructure. The Developer, Olsen Ranch 212, LLC, entered into the Subdivision Improvement Agreement with the City, to construct public improvements associated with Tracts 3153 and 3154, Exhibit A.
3. The Subdivision Improvement Agreement was secured by multiple performance bonds for backbone infrastructure across several bond zones, as depicted in the bond zone map, Exhibit B.
4. On July 15, 2025, the City Council accepted Sherwood Road, Linne Road, and portions of Airport Road into the City’s maintenance system and accepted new performance bonds in reduced amounts for the remaining work. The current performance bond amounts, by bond zone are:
BOND ZONE BOND NUMBER BOND AMOUNT
Zone 1 ES00016279 $12,100
Zone 2 ES00016278 $9,700
Zone 3 ES00016277 $1,280,000
Zone 4 ES00016281 $9,700
Zone 5 ES00016280 $124,500
Frontage w/out PA13 ES00016276 $0
5. The Developer has constructed the remaining portion of Airport Road, with associated utilities, storm drain, signage, striping, landscape, and irrigation, in accordance with the Subdivision Improvement Agreement, improvement plans (Permit #E22-0033), and applicable City standards:
STREET NAME FROM TO MILES
Airport Road STA 50+00 STA 54+80(Linne Rd) 0.09
6. The Developer has constructed the remaining portion of Airport Road, and remaining work within all bond zones, in compliance with the improvement plans (Permit #E22-0033).
7. City staff has inspected the Airport Road improvements, and remaining work within all bond zones, and determined they are substantially complete.
8. The Applicant has provided Record Drawings and the final certifications to the City Engineer’s satisfaction.
9. The Developer has requested that the City Council accept the remaining portion of Airport Road public improvements as complete, exonerate Vinedo Backbone Phase 1 Bonds, pursuant to the Subdivision Improvement Agreement, and grant the City Engineer the authority to administratively release performance and payment bonds.
10. Following ninety (90) days after recordation of the Notice of Completion for the improvements, the payment bond may be released in accordance with the Subdivision Map Act.
11. The Applicant has provided a 10% warranty bond for public improvements to be held for a one-year period. Once the one-year period is complete and clear of any deficiency the bonds will be returned.
Options
1. Take no action.
2. Approve Resolution 26-XXX, accepting the public improvements for the remaining portion of Airport Road, exonerating the Backbone Phase 1 Bonds, and authorizing administrative release of the associated performance and payment bonds.
3. Decline to accept the public improvements or dedications.
4. Provide alternative direction to staff.
Analysis and Conclusions
Airport Road is a vital component of the Olsen-South Chandler Specific Plan circulation network. The public improvements, which the Developer was required to install for this subdivision, have been completed. Further, the City will retain a Warranty Bond for a one-year period for warranty of the improvements installed. The City Engineer will release the warranty security, after the warranty requirements are satisfied.
Acceptance of the improvements ensures long-term public access, connectivity, and maintenance authority.
The Airport Road improvements included within this acceptance action have been substantially completed, inspected by City staff, and determined to be suitable for incorporation into the Citymaintained roadway system. Airport Road is currently functional and capable of serving the intended circulation, utility, and access purposes associated with the Olsen South Chandler Specific Plan.
Fiscal Impact
Upon final acceptance and expiration of the one-year warranty period, the City will assume ongoing maintenance responsibilities for these improvements. These costs are consistent with long-term maintenance planning under the Specific Plan.
CEQA
In compliance with the California Environmental Quality Act (CEQA), an initial study and environmental impact report (SCH 2019011065) were prepared for the Olsen South Chandler Specific Plan (Vinedo) and were circulated between 10/17/2019 and 12/2/2019. Staff recommends the City Council find that accepting Airport Road for public use does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Recommendation
Approve Resolution 26-XXX, accepting the public improvements for the remaining portion of Airport Road, exonerating the Backbone Phase 1 Bonds, and authorizing administrative release of the associated performance and payment bonds.
Attachments
1. Vicinity Map
2. Resolution 26-XXX Acceptance of Public improvements
a. Vinedo Backbone Subdivision Improvement Agreement and Bonds b. Bond Zone Map
Attachment 1
Vicinity Map Page 645 of 904 City Council Agenda July 21, 2026 Attachment 2
RESOLUTION 26-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
ACCEPTING A PORTION OF THE PUBLIC IMPROVEMENTS
FOR VINEDO BACKBONE PHASE 1 IMPROVEMENTS (PORTION OF AIRPORT ROAD)
CONSTRUCTED PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the Olsen South Chandler Specific Plan was approved by the City Council on February 20, 2020, and provides for development of approximately 1,293 residential units and associated backbone infrastructure improvements; and
WHEREAS, on November 7, 2023, the City Council authorized the City Manager to execute a Subdivision Improvement Agreement with Olsen Ranch 212, LLC for construction of backbone roadway and infrastructure improvements associated with Tracts 3153 and 3154, Exhibit A; and WHEREAS, the Subdivision Improvement Agreement was secured by multiple performance bonds for backbone infrastructure across several bond zones, as depicted in the bond zone map, Exhibit B; and
WHEREAS, the Developer has constructed the remaining portion of Airport Road, including associated utilities, storm drain, signage, striping, landscape, and irrigation improvements, in accordance with the approved improvement plans (Permit #E22-0033), the Subdivision Improvement Agreement, and applicable City standards; and WHEREAS, City staff has inspected the improvements and determined the Airport Road improvements are substantially complete; and
WHEREAS, the Applicant has provided Record Drawings and final certifications to the satisfaction of the City Engineer; and
WHEREAS, the Developer has requested that the City Council accept the remaining portion of Airport Road public improvements and authorize administrative release of the associated performance and payment bonds; and
WHEREAS, the Developer has provided a one-year warranty bond in the amount of ten percent (10%) of the improvement value prior to release of the improvement securities; and WHEREAS, this action is exempt from additional environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15182, as it is consistent with the previously certified Environmental Impact Report (SCH 2019011065) for the Olsen South Chandler Specific Plan, because no “substantial changes” to the project or to the
Attachment 2
circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The following public improvements constructed pursuant to the Subdivision Improvement Agreement are hereby accepted into the City’s maintenance system, subject to the Developer providing the required one-year warranty bond:
STREET NAME FROM TO MILES
Airport Road STA 50+00 STA 54+80 (Linne Rd) 0.09
Section 3. The City Council hereby exonerates the Backbone Phase 1 improvement bonds pursuant to the Subdivision Improvement Agreement and grants the City Engineer authority to administratively release the associated performance and payment bonds.
Section 4. Following ninety (90) days after recordation of the Notice of Completion for the improvements, the payment bonds may be released in accordance with the Subdivision Map Act.
Section 5. Upon receipt of the required 10% warranty bond, the performance and payment bonds may be administratively released in accordance with the Subdivision Improvement Agreement.
Section 6. The City Clerk shall forward a certified copy of this Resolution to the City Engineer and Public Works Director.
APPROVED by the City Council of the City of El Paso de Robles by the following vote on July 21, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
Attachment 2
ATTEST:
Melissa Martin, City Clerk
Exhibit A – Vinedo Backbone Subdivision Improvement Agreement w/ Bonds Exhibit B – Bond Zone Map
,· 2023035769
Elaina Cano
'·'San Luis Obispo - County Clerk-Recorder
11/30/2023 09:09 AM
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Recorded at the request of:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: City Engineer
Exempt from recording fee, per Gove'rnment Code Section 6105.
PUBLIC
Titles: 1
Fees: $0.00
Taxes: $0.00 • Total: $0.00
SUBDIVISION IMPROVEMENT AGREEMENT
Pages: 192
(Vinedo Backbone - Zone 1, Vinedo Backbone - Zone 2, Vinedo Backbone - Zone 3, Vinedo Backbone- Zone 4, Vinedo Backbone Zone 5, Vinedo Frontage W /Out PA 13) DATE OF AGREEMENT: 10 / 26 /2023 - -- -
NAME OF SUBDIVIDER: Olsen Ranch 212 LLC
TRACT MAP NO.:
TENTATIVE MAP Tract 3153, RES No. 20-032 2/20/23
RESOLUTION OF
APPROVAL NO.: Tract 3154, RES No. 20-033 2/20/23
ESTIMATED TOTAL COST
OF IMPROVEMENTS: VINEDO FRONTAGE W/OUT PA13:'$2,872,000 VINEDO BACKBONE ZONE 1: $5,296,200
VINEDO BACKBONE ZONE 2: $4,907,100
VINEDO BACKBONE ZONE 3: $6,4~4,000
VINEDO BACKBONE ZONE 4: $1,715,100
VINEDO BACKBONE ZONE 5: $2,809,500
Total: $21,191,900
VINEDO OFFSITE SEWER: $2,596,700
MONUMENTATION: (NIA)
82479.04004\3146013 l.4
Exhibit A Page 649 of 904 City Council Agenda July 21, 2026 SURETY:
BONDS:
LABOR & MATERIALS
(PAYMENT') BOND NO.
DOC #2023035769 Page 2 of 192
Everest National Insurance Company
PERFORMANCE BOND NO:
VINEDO FRONTAGE W/OUT PA13: ES00016276
VINEDO BACKBONE ZONE 1: ES00016279
VINEDO BACKBONE ZONE 2: ES00016278
VINEDO BACKBONE ZONE 3: ES00016277
VINEDO BACKBONE ZONE 4: ES00016281
VINEDO BACKBONE ZONE 5: ES00016280
VINEDO OFFSITE SEWER: $2,596,700
VINEDO FRONTAGE W/OUT PA13: ES00016276
VINEDO BACKBONE ZONE 1: ES000 16279
VINEDO BACKBONE ZONE 2: ES00016278
VINEDO BACKBONE ZONE 3: ES00016277
VINEDO BACKBONE ZONE 4: ES00016281
VINEDO BACKBONE ZONE 5: ES00016280
VINEDO OFFSITE SEWER: $2,596,700
This Agreement is made and entered into by and between the CITY OF EL PASO DE ROBLES, a municipal corporation of the State of California (hereinafter referred to as "CITY") and_ OLSEN RANCH 212 LLC, a California limited liability company (hereinafter referred to as "SUBDIVIDER").
RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and CITY' s ordinances and regulations relating to the filing, approval, and recordation of subdivision maps, The Subdivision Map Act and CITY's ordinances and regulations relating to the filing, approval, and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". A legal description of the property (the "Property") that is the subject of the subdivision map is attached hereto as Exhibit "A" and incorporated herein by reference.
B. A tentative map of the Subdivision has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (1) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval, or (2) have entered into a secured agreement with CITY to complete the improvements and land development within a period oftime specified by CITY.
2 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 3 of 192
D. In consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed Subdivision as set forth herein. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney.
E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer on June 8, 2023 (E22-0033) and June 5. 2023 (ENC22-0096). The Improvement Plans for TRACT MAP NO. 3153 & 3154 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on
and incorporated herein by reference.
G. CITY has adopted standards for th~ construction and installation of improvements within CITY, 'The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of approval of the Resolution of Approval.
H. Prior to completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes, as specified on the final map for the Subdivision, shall be installed and also that street signs be placed at intersections.
I. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the Property within the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER, It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default, by the SUBDIVIDER shall be within the sole discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the Subdivision, SUBDIVIDER and CITY agree as follows:
1. SUBDIVIDER's Obligations to Construct Improvements.
SUBDIVIDER shall:
a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. The bonds to secure 3 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 4 of 192
subdivider' s obligation to construct the Complete Improvement Plans referenced in Recital E have been broken into zones. Each bond secures to that zone's Improvements to be constructed by Subdivider, the map of the general location of each Zone is attached hereto as Exhibit "C" and is incorporated herein by this reference.
b. Complete, at SUBDIVIDER's own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in material conformance with approved Improvement Plans and the CITY standards as follows:
IMPROVEMENT
IMPROVEMENTS (Public):
Grading of Right-of-Way
Underground Utilities Installation
Storm Drainage Installation
Water Main, Sewer Main, Detention Basin
Street Improvements
Street Trees
Drive Approach
Landscaping and Irrigation
DEADLINE DATE
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
DECEMBER 30, 2024
NOTE: Subject to any extensions of time approved under Section 22, all improvements must be completed by [December 30, 2024).
SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the improvement work if CITY determines in its reasonable discretion that such changes are necessary and incidental to the successful completion and function of the improvements or required to meet CITY's standards.
c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-site rights-of-way, easements, and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision. e. Commence construction of the improvements by the time established in Section 22 of this Agreement and complete the improvements by the deadline stated in Paragraph 1 (b) above, unless a time extension is granted by the CITY as authorized in Section
22. f. Install all Subdivision monuments required by law prior to the completion and acceptance of the public improvements by CITY. / . 4 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 5 of 192
g. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require.
h. CITY and SUBDIVIDER recognize and agree that the Final Map and this Agreement are intended to be held by the CITY, and not transmitted to the County Recorder's Office, pending the funding of the loan to SUBDIVIDER's successor in interest. In the event, for whatever reason, such loan does not fund, CITY and SUBDIVIDER agree that this Agreement, and all obligations of SUBDIVIDER hereunder, shall terminate and no longer be of any force or effect. In such event, CITY shall be entitled to revert the subject property to acreage, without objection by SUBDIVIDER, and CITY shall issue a release of any and all bonds required by this Agreement.
i. The construction plans and specifications for the improvements shall be prepared in all material respects in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The improvements shall be completed in all material respects in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
j. SUBDIVIDER and its contractors, if any, shall perform all work required to construct the improvements under this Agreement in a skillful and workmanlike manner, and consistent in all material respects with the standards generally recognized as being employed by professionals in the same discipline in the State of California. SUBDIVIDER represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. SUBDIVIDER warrants that all of its employees, if any, and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before:
a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or
5 82479.04004\3146013 l .4
Exhibit A
DOC #2023035769 Page 6 of 192
c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law ofan order of possession. SUBDIVIDER shall comply in all respects with the order of possession,
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows:
a. To assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor, materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and
c. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously in this Agreement,
e. The surety for any surety bonds provided as security shall have a current A.M. Best's rating of no less than A: VIII, shall be authorized to do business in the State of California, and shall be satisfactory to CITY. As part of the obligation secured by the security and in addition to the face amount of the security, SUBDIVIDER or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by CITY in enforcing the obligations of this Agreement. SUBDIVIDER and its surety stipulate and agree that no change, extension of time, alteration, or addition to' the terms of this Agreement, the public improvements, or the plans and specifications for the public improvements shall in any way affect its obligation on the security.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference, If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released,
4. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are determined by CITY to be necessary and incidental to the successful 6 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 7 of 192
completion and function of the improvements or required to meet CITY standards, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement.
b. SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right, in its reasonable discretion, to modify the standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or comply with applicable State or Federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension,
5. Observation of Construction. SUBDIVIDER shall at all times maintain proper facilities and safe access for observation of the public improvements by the CITY and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final walk through by the City Engineer, or the City Engineer's authorized representative.
If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the City Engineer shall recommend acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of the CITY observation of construction.
6. Release of Securities. The securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof,
b. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. c. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. 7 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 8 of 192
d. CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
7. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement.
SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed by reason of any work done under this Agreement which is within SUBDIVIDER'S control, whether such prope.rty is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
8. Permits. SUBDIVIDER shall, at SUBDIVIDER' s expense, ensure that his/her contractors obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER's failure to timely commence construction of this Agreement; SUBDIVIDER's failure to timely cure any defect in the improvements; SUBDIVIDER's failure to perform substantial construction work for a period of 20 calendar days after commencement of the work, unless such delay is beyond the reasonable control and withq_ut misconduct or negligence of SUBDIVIDER; SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within 30 days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's material failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and. security amounts may not reflect the actual cost of construction, or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY.
8 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 9 of 192
CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for the performance of the work.
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c. Failure of SUBDIVIDER to materially comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this su~section c. is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER materially fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty.
a. SUBDIVIDER shall guarantee or warranty the work done pursuant to Section 1 of this Agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair, or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. SUBDIVIDER further acknowledges and understands within the one (1) year warranty period as the project is accepted as final, SUBDIVIDER will bear the total responsibility for all repair and/or replacement of the improvements as installed, reserving to SUBDIVIDER the right of recourse or indemnity against any third party who causes damage to such improvements. Should SUBDIVIDER fail to act promptly or in accordance with this replacement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work 20 days after mailing written notice of default to SUBDIVIDER and. to SUBDIVIDER' s surety, and agrees to pay the cost of such work by CITY.
Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified,. CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs,
9 82479.04004\31460131.4
Exhibit A
DOC #2023035769 Page 10 of 192
b. SUBDIVIDER's warranty shall include the responsibility for the maintenance of landscaping improvements installed pursuant to Section 1 of the Agreement.
SUBDIVIDER shall provide on-going maintenance oflandsc~pe improvements installed pursuant to Section 1 of this Agreement for a period of one-year after final acceptance by the City Council without any cost to CITY. The responsibility of maintenance of landscape improvements shall include, but not be limited to, the repair, replacement or replanting of any landscaping of deteriorating condition as directed by the City Maintenance Services Superintendent.
11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance ofSUBDIVIDER's obligations under this Agreement.
12. Damage to Improvements. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk ofloss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.
14. SUBDIVIDER's Obligation to Warn Public During Construction. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition.
15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY.
16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion of all improvements, The City Council, shall act upon the Engineer's recommendation within 30 days from the date the City Engineer notifies the City Council that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. The City Council may, in its sole and absolute discretion, accept fully completed portions of the public improvements prior to such time as all of the public improvements are complete, which shall not release or modify SUBDIVIDER's obligation to complete the remainder of the public improvements within the time required by this Agreement. Upon the total 10 82479.04004\31460131.4
Exhibit A