RESOLUTION 2023-002 A RESOLUTION OF RIVERS & LANDS CONSERVANCY REGARDING ACCEPTANCE OF A CONSERVATION EASEMENT Sycamore Hills Conservation Easement WHEREAS, KB Sycamore Hills I, LLC, a Delaware limited liability company as to an undivided 50% interest and KB Sycamore Hills II, LLC a Delaware limited liability company as to an undivided 40% interest and KB Sycamore Hills III, LLC, a Delaware limited liability company as to an undivided 10% interest as tenants in common are the owners of certain real property consisting of approximately 12.23 acres of land located in the City of Riverside, County of Riverside, California, identified as portions of APNs 263-060-026, 263-060-022 and 263-060-024 ( WHEREAS, Owner has indicated the desire to donate a Conservation Easement interest in the Property to RIVERS & LANDS CONSERVANCY ; WHEREAS, RIVERS & LANDS CONSERVANCY desires to accept the donation of the Conservation Easement interest from the Owner, in furtherance of RIVERS & LANDS , on the terms set forth herein; WHEREAS, As required by the United States Army Corps of Engineers Instrument 2009-030 3932 6-15-2009 Owner will transfer ownership in fee title of the Conservation Easement to the City of Riverside contingent upon successful completion of Condition 75.a., 75.b., and 75.c of the CiProject, a copy of which is attached hereto; WHEREAS, Final COA 75.c contemplates that RIVERS & LANDS CONSERVANCY will agree in the Conservation Easement to be responsible for all cost associated with mitigation and management of the land including, but not limited to any additional cost associated with corrective actions required from violations of conservation easement and or natural causes, e.g. homeless encampments, dumping, Owner ; WHEREAS, although interested in accepting the Conservation Easement, RIVERS & LANDS CONSERVANCY is only willing to be responsible for the specific obligations assumed by RIVERS & LANDS CONSERVANCY is unwilling to accept the responsibility for all of the Owner Obligations; and WHEREAS, the acceptance of the Conservation Easement interest by RIVERS & LANDS CONSERVANCY is contingent upon the City of Riverside providing written confirmation that: (i) the Owner has satisfied Conditions 75.b. and 75.c. of the Final COA for the Sycamore Hills Distribution Center, (ii) of the five year mitigation and monitoring program pursuant to Condition 75.a, (iii) the City of Riverside acknowledges that RIVERS & LANDS CONSERVANCY is responsible only for the RLC Obligations, and (iv) to the extent not assumed by RIVERS & LANDS CONSERVANCY as part of the RLC Obligations, the City of Riverside is responsible for all obligations arising out of the ownership of the property, including the Owner Obligations. NOW THEREFORE, BE IT RESOLVED THAT THE RIVERS & LANDS CONSERVANCY BOARD OF DIRECTORS: 1. Authorizes, ratifies, and approves any and all acts of the President, or any other officer, taken to accept the donation of the Conservation Easement from the Owner, on the conditions stipulated above, including, but not necessarily limited to, executing any and all documents, instruments and agreements, as may be necessary, desirable, or reasonable to affect the acceptance of the donation of the Conservation Easement from Owner, provided that such documents, instruments, and agreements shall be structured to comply with all applicable laws and regulations. I, Warren D. Williams, hereby do certify that I am the duly elected and acting President of RIVERS & LANDS CONSERVANCY, a non-profit corporation organized under the laws of the State of California and classified thereunder as a public benefit corporation. I further certify that the resolution set forth above was adopted in accordance with the Bylaws of RIVERS & LANDS CONSERVANCY by its Board of Directors, and that said resolution has not been modified or rescinded. _____________________________________________ Warren D. Williams, President Rivers & Lands Conservancy Resolution 2023-002 is hereby adopted and executed this 26th day of July 2023 ATTEST: ___________________________________________ Stephen Osborn, Secretary Rivers & Lands Conservancy
FINAL COA 75. As required by Instrument 2009-030 3932 6-15-2009 Army Corps, Owner will transfer ownership in fee title of Parcels A & B of Parcels A& B is contingent upon: a. related mitigation measures. The conservation easement and habitat mitigation and monitoring plan include the successful completion of the five (5) year mitigation and monitoring program, after which, ownership transfer of the property to the City will occur. The transfer of ownership is not a condition for occupancy, Certificate of Use or Building Permit Closeout. b. he conservation easement areas, performed by a qualified and city-approved land management organization, funded by Owner in perpetuity with a non-wasting endowment. c. -060-022, 024 and 026, the Rivers and Land Conservancy Board of Directors shall approve final acceptance of a conservation easement over the property. The conservation easement shall incorporate all cost associated with mitigation and management of the land including, but not limited to any additional cost associated with corrective actions required from violations of conservation easement and or natural causes, e.g. homeless encampments, dumping, vandalism, fire, flood, etc.