Agenda Packet — Salinas City Council, February 25, 2025 (part 1 of 3)

Tuesday, February 25, 2025
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Dennis Donohue
Councilmembers:

Jose Luis Barajas, District 1 - Tony Barrera, District 2 Margaret D'Arrigo, District 3 - Gloria De La Rosa, District 4 Andrew Sandoval, District 5 - Aurelio Salazar, District 6 Rene Mendez, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final

February 25, 2025City Council Meeting Agenda - Final

ZOOM WEBINAR PARTICIPATION
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://cityofsalinas.zoom.us/j/81434134188
To participate telephonically, call any number below:
+1 669 900 9128 US (San Jose) +1 669 444 9171 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 719 359 4580 US +1 253 205 0468 US +1 689 278 1000 US +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 646 558 8656 US (New York) +1 646 931 3860 US Webinar ID: 814 3413 4188
If prompted to enter a participant ID, press #.

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION
Receive public communications from the audience on Closed session items.

The City Council will recess to closed session pursuant to:

ID#25-004
a. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager René Mendez, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located at 210 Salinas Street (APN 002244098000, Parking Lot 8), 122 Lincoln Avenue (APN 002245008000, Parking Lot 12), 128 Lincoln Avenue (APN 002245007000, Parking Lot 12), 118 Lincoln Avenue (APN 002245005000, Parking Lot 12), 120 Lincoln Avenue (APN 0022458006000, Parking Lot 12), and 112 Lincoln Avenue (APN 002245004000, (Parking Lot 12).
b. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Rene Mendez, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located 23, 25 & 29 Soledad Street (APN 002-191-026; APN 002-191-015 and APN 002-191- 027), 20 & 26 Soledad Street (APN: 002-194-018; and APN 002-194-019), 14 & 16 Soledad Street (APN: 002-194-006), 106 E. Lake Street (APN 002- 194-013), Salinas, California 93901.
c. Anticipated Litigation - California Government Code section 54956.9(d)(2), conference with legal counsel regarding significant exposure to litigation.

Page 2 ends

February 25, 2025City Council Meeting Agenda - Final
THE CITY COUNCIL WILL RECONVENE IN THE ROTUNDA AT 5:00 P.M.

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attend the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.

PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.

GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consideration, Public Hearing items, and the Consent Agenda should be held until the items are reached.

CALIFORNIA GOVERNMENT CODE §84308 - LEVINE ACT
Government Code § 84308. Parties to any proceeding involving a license, permit or other entitlement for use pending before the City Council must disclose any campaign contributions over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Government Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s).

CONSENT AGENDA
Matters listed under the Consent Agenda may be enacted by one motion unless a member of the Council requests a separate vote or discuss. Members of the public may comment on the Consent Agenda items collectively during their public comment.

ID#24-722
Minutes
Recommendation: Approve minutes of February 11, 2025.

ID#25-040 Financial Claims
Recommendation: Approve financial claims report.

ID#25-025 Award of the Accessibility Improvements for Closter Park Recreation Center, CIP No. 9451
Recommendation: Approve a Resolution approving the Plans and Specifications for the Accessibility Improvements for the Closter Park Recreation Center CIP No. 9451; awarding the Accessibility Improvements for Closter Park Recreation Center CIP No. 9451 contract to Tombleson, Incorporated in the amount not to exceed $320,225; authorizing the Mayor to execute the contract on behalf of the City; authorizing the City Engineer to approve contract change orders up to an additional 15% in an amount not to exceed $48,034 for construction contingencies; and approving the reallocation of $67,940 from CIP 9022 and $240,000 from CIP 9048 to CIP 9451.

Page 3 ends

February 25, 2025City Council Meeting Agenda - Final
ID#25-026 Amendment No. 2 to the Professional Services Agreement with BFS Landscape Architects
Recommendation: Approve a Resolution delegating authority to the City Manager to execute Amendment No. 2 to the Professional Services Agreement with BFS Landscape Architects to extend the term for an additional two (2) years and to increase the total compensation by $8,000, for a total not to exceed amount of $1,836,589; and authorizing the reappropriation of up to $100,000 from District 5 Recreation Center Reserve to CIP 9060 to be utilized for BFS's additional services, permitting fees and construction of the accessibility requirements associated with the installation of a universal playground at Northgate Neighborhood Park.

ID#25-032
Letter of Support for California State Assembly Bill 49 (Muratsuchi):

Schoolsites and Day Care Centers; Entry Requirements: Immigration Enforcement
Recommendation:

Approve a Resolution authorizing the Mayor to sign a letter on behalf of the City of Salinas in support of California State Assembly Bill 49 (Muratsuchi).

CONSIDERATION
ID#25-023 Conveyance Agreement Transferring 73 Acres in Carr Lake from the Big Sur Land Trust to the City of Salinas
Recommendation: Approve a Resolution authorizing the Mayor to execute a Conveyance Agreement between the Big Sur Land Trust and the City of Salinas to transfer approximately 73 acres identified as the Carr Lake Park Project/Ensen Park for the purpose of public park use and management.

ID#24-685
Fiscal Year 24-25 Mid-Year Budget Review and Supplemental Appropriation Requests
Recommendation: Approve a Resolution receiving the FY 2024-25 Mid-Year budget performance review; and authorize budget adjustments as recommended in the budget performance review.

STUDY SESSION
ID#25-022 East Area Specific Plan Study Session
Recommendation: No action required. Receive report regarding preparation of the East Area Specific Plan.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special

Page 4 ends

February 25, 2025City Council Meeting Agenda - Final
meetings and in accordance with Californian Government Code Section 54954.2 and 54956. City Council agenda reports and other writings distributed to the legislative body may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org in accordance with California Government Code section 54597.5. The City Council may take action that is different than the proposed action reflected on the agenda.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Language interpretation may be requested as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.

PUBLIC NOTIFICATION
This agenda was posted on February 21, 2025 in the Salinas Rotunda and City's website.

Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx, televised live on Comcast Channel 25 and on http://www.youtube.com/thesalinaschannel at 4:00 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on Friday, Saturday, Monday and Wednesday following the meeting. For the most up-to-date Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/SalinasChannel25. All past City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.

Page 5 ends

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-004, Version: 1
a. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager René Mendez, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located at 210 Salinas Street (APN 002244098000, Parking Lot 8), 122 Lincoln Avenue (APN 002245008000, Parking Lot 12), 128 Lincoln Avenue (APN 002245007000, Parking Lot 12), 118 Lincoln Avenue (APN 002245005000, Parking Lot 12), 120 Lincoln Avenue (APN 0022458006000, Parking Lot 12), and 112 Lincoln Avenue (APN 002245004000, (Parking Lot 12).
b. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Rene Mendez, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located 23, 25 & 29 Soledad Street (APN 002-191-026; APN 002-191-015 and APN 002-191-027), 20 & 26 Soledad Street (APN: 002-194-018; and APN 002-194-019), 14 & 16 Soledad Street (APN: 002-194-006), 106 E. Lake Street (APN 002-194-013), Salinas, California 93901.
c. Anticipated Litigation - California Government Code section 54956.9(d)(2), conference with legal counsel regarding significant exposure to litigation.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-722, Version: 1
Minutes
Approve minutes of February 11, 2025.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
City of Salinas
Meeting Minutes - Unofficial
City Council
Mayor Dennis Donohue
Councilmembers:

PLEDGE OF ALLEGIANCE

ROLL CALL
Councilmember Jose Barajas
Councilmember Tony Barrera
Councilmember Margaret D'Arrigo
Councilmember Gloria De La Rosa
Councilmember Aurelio Salazar
Councilmember Jose Andrew Sandoval
Mayor Dennis Donohue

Present: 7 -

NEW EMPLOYEE WELCOME AND INTRODUCTIONS
Department Directors introduced and welcome new employees and promotions for the month of January. Fire Chief Klemek presented the 2024 Firefighter of the Year and Monterey County Firefighter of the Year Ryan Macoubrie.

CLOSED SESSION
The City Council recessed to closed session at 4:10 p.m.

ID#24-721
a. Existing Litigation - Cal. Govt. Code section 54956.9(d)(1), conference with legal counsel regarding, Higashi Farms v. City of Salinas (Monterey County Superior Court Case No. 24CV001860).
b. Anticipated Litigation - Cal. Govt. Code section 54956.9(d)(4), conference with legal counsel regarding potential initiation of litigation.

THE CITY COUNCIL RECONVENEd IN THE ROTUNDA AT 5:00 P.M.

PUBLIC DISCLOSURE
Pursuant to California Government Code section 54957.1, the City Council authorized the City Attorney to join in litigation that will negatively affect the City of Salinas and its

Page 1 ends

February 11, 2025City Council Meeting Minutes - Unofficial residents.

PROCLAMATION
The City Council proclaimed:

National Black History Month
National Engineers Week, February 16-22, 2025

GENERAL PUBLIC COMMENTS
Received public comment from members of the public in attendance and on Zoom.

CALIFORNIA GOVERNMENT CODE §84308 - LEVINE ACT
No disclosures reported.

CONSENT AGENDA
ID#25-030 Minutes
Upon motion by Councilmember Barrera, seconded by Councilmember De La Rosa, the minutes of January 27, 2025 were approved. The motion carried by the following vote:

Ayes: Councilmember Barajas, Councilmember Barrera, Councilmember D'Arrigo, Councilmember De La Rosa, Councilmember Salazar, Councilmember Sandoval and Mayor Donohue
7 -
ID#25-024
Financial Claims
Upon motion by Councilmember Barrera, seconded by Councilmember De La Rosa, the financial claims report was approved. The motion carried by the following vote:

Ayes: Councilmember Barajas, Councilmember Barrera, Councilmember D'Arrigo, Councilmember De La Rosa, Councilmember Salazar, Councilmember Sandoval and Mayor Donohue
7 -
ID#25-027
Letter of Support for California Senate Bill 48 (Gonzalez): Immigration Enforcement: Schoolsites: Prohibitions on Access, Sharing Information, and Law Enforcement Collaboration
Upon motion by Councilmember Barrera, seconded by Councilmember De La Rosa, Resolution authorizing the Mayor to sign a letter on behalf of the City of Salinas in support of California Senate Bill 48 (Gonzalez) was approved. The motion carried by the following vote:

Ayes: Councilmember Barajas, Councilmember Barrera, Councilmember D'Arrigo, Councilmember De La Rosa, Councilmember Salazar, Councilmember Sandoval and Mayor Donohue
7 -

Enactment No: RES 23199

PUBLIC HEARINGS

Page 2 ends

February 11, 2025City Council Meeting Minutes - Unofficial ID#25-021 Exception to the CalPERS 180-Day Wait Period
Received report from Patricia Penaloza, Human Resources Manager regarding the exception to the CalPERS 180-day wait period for Interim Assistant Community Development Director David Gonzalvez. Assistant Community Development Director (ACDD) David B. Gonzalves announced his retirement effective on March 12, 2025.

Pursuant to Government Code sections 7522.56 and 21221(h), the City Council may authorize an exception to the 180-day wait period for hiring a retired annuitant by Resolution. Staff recommend the Council grant the 180-day exemption to allow so that Mr. Gonzalves may temporarily perform the duties as Interim ACDD.

Upon motion by Councilmember Barrera, seconded by Councilmember Sandoval, Resolution authorizing an exception to the 180-day wait period for hiring retired CalPERS member David B. Gonzalves as Interim Assistant Community Development Director was approved. The motion carried by the following vote:

Ayes: Councilmember Barajas, Councilmember Barrera, Councilmember D'Arrigo, Councilmember De La Rosa, Councilmember Salazar, Councilmember Sandoval and Mayor Donohue
7 -

Enactment No: RES 23200

ADMINISTRATIVE REPORTS
ID#24-727
2024 Permit Center Annual Report
Received report from Community Development Director Lisa Brinton and Assistant Community Development Director David Gonzalvez regarding the 2024 Annual Report covering the past calendar year, the 2024 Permit Center Annual Report Dashboard, 2024 Permit Center Key Actions Taken, and the 2023/24 Organizational Assessment. The staff report which is filed with the City Clerk as the official records, highlights the ongoing implementation of the 2023 Community Development Organizational Assessment Key Actions, analyzes performance measure data, and current and future development projects. The Dashboard presents the performance measure data visually and shows year over year (2022-2024) comparisons for Permit Services and other Community Development divisions and City departments (Current Planning, Code Enforcement, Development Engineering, Fire and Small Business Support), which are integral to Permit Center activities and processes. The 2024 Key Actions Taken and 2023/24 Organizational Assessment Findings,
Recommendations, and Actions report present the changes made to improve staffing, work-flow, communication, and training in more detail.

The following members of the public commented on the report:

Eric Petersen
Alex Reynoso
Mary Ann Worden
Luis Xago Juarez, BHC
Lizbeth Camacho
Kevin Dayton
No action required.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS

Page 3 ends

February 11, 2025City Council Meeting Minutes - Unofficial

ADJOURNMENT
Meeting adjourned at 8:20 p.m.

Page 4 ends

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-040, Version: 1
Financial Claims
Approve financial claims report.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™
Number Date Status Payee Name
Transaction
Amount
481910 02/06/2025 Open Alexis Mejia $353.00
481911 02/06/2025 Open Anthony Avila $130.25
481912 02/06/2025 Open Carlos Acosta $194.75
481913 02/06/2025 Open Cathy Andrews $102.25
481914 02/06/2025 Open Chayene Garcia $130.25
481915 02/06/2025 Open Christine De Guzman Sumagang $57.30 481916 02/06/2025 Open Gerardo Magana $130.25
481917 02/06/2025 Open Guadalupe Rodriguez $130.25
481918 02/06/2025 Open Kimberly N Diaz $207.00
481919 02/06/2025 Open Susan Rosales-Nava $40.00
481920 02/06/2025 Open Timothy Kuelker $354.95
481921 02/06/2025 Open Zachary Dunagan $207.00
481923 02/06/2025 Open 4Leaf Inc $2,746.57
481924 02/06/2025 Open 72 Hour LLC dba Chevrolet of Watsonville/National $577.34 481925 02/06/2025 Open Ace Hardware $290.57
481926 02/06/2025 Open Action Council of Monterey County, Inc. $5,874.00 481927 02/06/2025 Open Alameda Electrical Distributors $2,330.71 481928 02/06/2025 Open Alco Water $9,287.11
481929 02/06/2025 Open Alco Water $107.35
481930 02/06/2025 Open All Safe Security Alarm $255.00
481931 02/06/2025 Open Amazon.Com $604.90
481932 02/06/2025 Open American Supply Company $5,511.36 481933 02/06/2025 Open Appraisal Resource Group $13,000.00 481934 02/06/2025 Open Assured Aggregates Company Inc $6,195.62 481935 02/06/2025 Open AutoZone West Inc $28.38
481936 02/06/2025 Open B&N Motors, LLC dba Toyota Salinas $74.72 481937 02/06/2025 Open Bella Bean Clean Inc dba Molly Maid of Monterey Co $130.00 481938 02/06/2025 Open BFS Landscape Architects $29,451.50 481939 02/06/2025 Open Brodart Company $1,226.61
481940 02/06/2025 Open California Water Service $279.17 481941 02/06/2025 Open California Water Service $279.17 481942 02/06/2025 Open California Water Service $315.81 481943 02/06/2025 Open California Water Service $263.99 481944 02/06/2025 Open California Water Service $435.73 481945 02/06/2025 Open California Water Service $409.58 481946 02/06/2025 Open California Water Service $265.80 481947 02/06/2025 Open California Water Service $366.00 481948 02/06/2025 Open Canine Development Group Inc dba PACKTRACK $140.00 481949 02/06/2025 Open Canon Financial Services Inc $1,020.88 481950 02/06/2025 Open CDW Government LLC $15,340.82
481951 02/06/2025 Open Cintas $2,177.37
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 user: Josephine Fernandez Pages: 1 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 481952 02/06/2025 Open CMP-1, Llc dba Laurel Tree Apartment Homes $1,254.67 481953 02/06/2025 Open Coast Automotive Warehouse Inc $262.19 481954 02/06/2025 Open Coast Counties Truck & Equipment Co dba Coast Coun $126.75 481955 02/06/2025 Open COVA Investments LLC dba Steinbeck Realty, Inc $8,850.00 481956 02/06/2025 Open CSC Of Salinas $34.28
481957 02/06/2025 Open CSG Consultants $1,032.00
481958 02/06/2025 Open Customs by Aaron, LLC $24,909.00 481959 02/06/2025 Open Don Chapin Inc $1,723.30
481960 02/06/2025 Open Downtown Streets, Inc $53,698.36 481961 02/06/2025 Open East Bay Tire Company $135.00
481962 02/06/2025 Open Ecology Action of Santa Cruz $3,946.09 481963 02/06/2025 Open Edges Electrical Group, LLC $2,276.26 481964 02/06/2025 Open Edward Jones $2,991.28
481965 02/06/2025 Open Environmental Systems, Inc of Northern California $134,425.00 481966 02/06/2025 Open Fed Ex $57.94
481967 02/06/2025 Open Fed Ex $30.18
481968 02/06/2025 Open Fed Ex $11.16
481969 02/06/2025 Open First Alarm $190.00
481970 02/06/2025 Open Golden State Truck and Trailer Repair $2,624.88 481971 02/06/2025 Open Granite Construction Company $5,899.56 481972 02/06/2025 Open Granite Rock Co $5,065.54
481973 02/06/2025 Open Green Rubber Kennedy Ag $105.52
481974 02/06/2025 Open Green Valley Industrial Supply $95.94 481975 02/06/2025 Open HdL Coren & Cone $5,112.50
481976 02/06/2025 Open HEMI'S Construction Engineering Inc $2,500.00 481977 02/06/2025 Open Homer T Hayward Lumber Co dba Hayward Lumber $61.17 481978 02/06/2025 Open Housing Authority of the County of Monterey $2,021.00 481979 02/06/2025 Open HROD, Inc dba MMO Partners $4,500.00 481980 02/06/2025 Open Ingram Book Company $10,073.59
481981 02/06/2025 Open Interim Inc $870.37
481982 02/06/2025 Open Interim Inc $4,015.00
481983 02/06/2025 Open International Association for Property and Evidenc $65.00 481984 02/06/2025 Open Interstate Battery System Inc $365.40 481985 02/06/2025 Open Jiang Family Limited Partnership dba Southpark Apa $1,800.00 481986 02/06/2025 Open Jorge Barrazo $2,200.00
481987 02/06/2025 Open Jose Luis Corral dba Salinas Pizza $1,463.45 481988 02/06/2025 Open Kimley Horn And Assoc Inc $2,790.00 481989 02/06/2025 Open Lawson Products, Inc $820.06
481990 02/06/2025 Open Leslie Hernandez Petty Cash Custodian $274.87 481991 02/06/2025 Open Margaret D'Arrigo $50.00
481992 02/06/2025 Open Marina Coast Water District $1,094.63 user: Josephine Fernandez Pages: 2 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 481993 02/06/2025 Open Martin's Irrigation Supply, Inc $1,827.38 481994 02/06/2025 Open MidPen Housing Corp $485.00
481995 02/06/2025 Open MidPen Housing Corp $502.00
481996 02/06/2025 Open MidPen Housing Corp $1,771.00
481997 02/06/2025 Open MidPen Housing Corp $2,289.00
481998 02/06/2025 Open Midwest Tape, LLC dba Midwest Tape $785.33 481999 02/06/2025 Open Mike Signs $6,292.80
482000 02/06/2025 Open MissionSquare Retirement $11,064.27 482001 02/06/2025 Open MJF Automotive Partners Inc dba Cal Collision $3,089.36 482002 02/06/2025 Open Monterey County Convention And Visitors Bureau $31,153.53 482003 02/06/2025 Open Motorola Solutions, Inc $2,840.98 482004 02/06/2025 Open Municipal Maintenance Equipment dba MME $313.50 482005 02/06/2025 Open O'Reilly Auto Parts $29.16
482006 02/06/2025 Open Office Depot Business Service Division $3,199.19 482007 02/06/2025 Open One Workplace L Ferrari, LLC dba Peninsula Busines $2,723.66 482008 02/06/2025 Open Overhead Door Company Of Salinas $604.73 482009 02/06/2025 Open Pacific Gas and Electric Company $1,137.99 482010 02/06/2025 Open Pacific Gas and Electric Company $1,129.40 482011 02/06/2025 Open Pacific Gas and Electric Company $1,152.68 482012 02/06/2025 Open Pacific Gas and Electric Company $1,217.87 482013 02/06/2025 Open Pacific Gas and Electric Company $882.57 482014 02/06/2025 Open Pacific Gas and Electric Company $2,689.88 482015 02/06/2025 Open Pacific Gas and Electric Company $1,104.94 482016 02/06/2025 Open Pacific Gas and Electric Company $316.33 482017 02/06/2025 Open Pacific Gas and Electric Company $254.09 482018 02/06/2025 Open Pacific Gas and Electric Company $125.66 482019 02/06/2025 Open Pacific Gas and Electric Company $206.02 482020 02/06/2025 Open Pacific Gas and Electric Company $2,050.29 482021 02/06/2025 Open Pacific Gas and Electric Company $190.33 482022 02/06/2025 Open Pacific Gas and Electric Company $110.49 482023 02/06/2025 Open Pacific Gas and Electric Company $4,098.05 482024 02/06/2025 Open Pacific Gas and Electric Company $118.17 482025 02/06/2025 Open Pacific Gas and Electric Company $218.25 482026 02/06/2025 Open Pacific Gas and Electric Company $86.63 482027 02/06/2025 Open Pacific Gas and Electric Company $737.24 482028 02/06/2025 Open Pacific Gas and Electric Company $438.31 482029 02/06/2025 Open Pacific Products and Services LLC $5,105.33 482030 02/06/2025 Open Pacific Truck Parts Inc $86.85
482031 02/06/2025 Open Partners For Peace $44,026.14
482032 02/06/2025 Open Pedro C Estrada Dba Estrada Janitorial Service $3,770.00 482033 02/06/2025 Open PLM Lender Services Inc $431.25
user: Josephine Fernandez Pages: 3 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482034 02/06/2025 Open POSM Software LLC $2,500.00
482035 02/06/2025 Open Quality Water Enterprises Inc dba Culligan Water $106.94 482036 02/06/2025 Open Radio Bilingue, Inc $500.00
482037 02/06/2025 Open Raul Lozano dba ASAP Signs & Printing $66.70 482038 02/06/2025 Open Refrigeration Supplies Distributor $39.46 482039 02/06/2025 Open Republic Services of Salinas $619.60 482040 02/06/2025 Open Republic Services of Salinas $279.60 482041 02/06/2025 Open Ricky Howard Jenkins dba Safer Libraries Consultin $2,900.00 482042 02/06/2025 Open Robert Cox $41.95
482043 02/06/2025 Open Roberto Salazar dba R & R's Investments $1,980.00 482044 02/06/2025 Open Roberto Salazar dba R & R's Investments $1,980.00 482045 02/06/2025 Open Russell Auria Pest Control Services $345.00 482046 02/06/2025 Open Salinas Pointe 2019 LP $6,978.00 482047 02/06/2025 Open Salinas Pointe 2019 LP $2,786.00 482048 02/06/2025 Open Salinas Valley TVB, Inc $47,869.49 482049 02/06/2025 Open San Lorenzo Lumber $916.93
482050 02/06/2025 Open SBPH Holdings, LLC $5,731.97
482051 02/06/2025 Open Sturdy Oil Company $1,353.68
482052 02/06/2025 Open Target Pest Control $255.00
482053 02/06/2025 Open TEF Architecture & Interior Design, Inc dba TEF De $11,278.75 482054 02/06/2025 Open Tehama Golf Club LLC $400.00
482055 02/06/2025 Open The Code Group, Inc dba VCA Code/VCA Green $7,637.50 482056 02/06/2025 Open The Ed Jones Company, Incorporated $1,259.07 482057 02/06/2025 Open Tint Shop Corp $2,070.00
482058 02/06/2025 Open Tri County Fire Protection $988.63 482059 02/06/2025 Open U.S. Bank National Association ND $10,332.82 482060 02/06/2025 Open Uline, Inc $255.23
482061 02/06/2025 Open United Parcel Service $44.80
482062 02/06/2025 Open Valley Fabrication Inc $727.94
482063 02/06/2025 Open Valley Saw Shop $446.37
482064 02/06/2025 Open Verizon Wireless $231.63
482065 02/06/2025 Open Vestis Group, Inc dba Vestis Services, LLC $37.56 482066 02/06/2025 Open Vision Service Plan $39.96
482067 02/06/2025 Open W W Grainger Inc $169.16
482068 02/06/2025 Open Walmart c/o Capitol One $271.84 482069 02/06/2025 Open WCAF, LLC dba Watsonville Ford $116.07 482070 02/06/2025 Open WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram $4,939.99 482071 02/06/2025 Open Williams Ranch Housing Partners, LP $4,327.00 482072 02/06/2025 Open Worldpac $37.66
482073 02/13/2025 Open Alexis Mejia $57.37
482074 02/13/2025 Open Doyle McFarland $19.50
user: Josephine Fernandez Pages: 4 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482075 02/13/2025 Open James McGann $36.75
482076 02/13/2025 Open Jared Reyes $206.50
482077 02/13/2025 Open Luis Dorantes $206.50
482078 02/13/2025 Open Pete Perez $19.50
482079 02/13/2025 Open Rene Mendez $282.04
482080 02/13/2025 Open 2NDNATURE, LLC $44,660.07
482081 02/13/2025 Open 616GC LLC $61,272.80
482082 02/13/2025 Open 93 North Castro St Towman Llc $2,520.00 482083 02/13/2025 Open Ace Hardware $263.11
482084 02/13/2025 Open Ace High Designs, Inc. $81.94
482085 02/13/2025 Open Alco Water $2,260.38
482086 02/13/2025 Open Alhambra and Sierra Spring DS Waters of America LP $78.43 482087 02/13/2025 Open Alison Heller-Ono dba Worksite International $2,437.50 482088 02/13/2025 Open All Pets Hospital $716.99
482089 02/13/2025 Open Amazon.Com $2,073.93
482090 02/13/2025 Open American Supply Company $596.67
482091 02/13/2025 Open Ana Rueda De Vidales dba JAV Language Solutions $270.00 482092 02/13/2025 Open Analgesic Services Inc $538.80
482093 02/13/2025 Open Angel Armor, LLC $1,221.00
482094 02/13/2025 Open B F T LP dba Pet Waste Eliminator $1,114.35 482095 02/13/2025 Open Bandit Systems Inc dba Bandit Systems $1,366.48 482096 02/13/2025 Open BFS Landscape Architects $1,713.89 482097 02/13/2025 Open Brodart Company $499.25
482098 02/13/2025 Open C3 Engineering, Inc. $5,937.50
482099 02/13/2025 Open CA Towing, Inc. dba California Towing & Transport $1,428.00 482100 02/13/2025 Open California Water Service $74.31
482101 02/13/2025 Open California Water Service $74.31
482102 02/13/2025 Open California Water Service $361.79 482103 02/13/2025 Open Cardinale Moving & Storage, Inc $2,000.00 482104 02/13/2025 Open Carlos R Ramirez dba Old Stage Holding Company LLC $6,000.00 482105 02/13/2025 Open CDW Government LLC $13,693.24
482106 02/13/2025 Open Cintas $1,622.89
482107 02/13/2025 Open CMP-1 Llc dba The Pointe at Harden Ranch $3,050.00 482108 02/13/2025 Open CMP-1 Llc dba The Pointe at Harden Ranch $9,455.27 482109 02/13/2025 Open CMP-1 Llc dba The Pointe at Harden Ranch $4,735.46 482110 02/13/2025 Open Comcast (Business) $167.31
482111 02/13/2025 Open Comcast (Business) $412.14
482112 02/13/2025 Open Condor Security Of America Inc $3,956.00 482113 02/13/2025 Open County of Monterey $1,650.00
482114 02/13/2025 Open County of Monterey $465.74
482115 02/13/2025 Open Craftwater Engineering, Inc $23,137.88 user: Josephine Fernandez Pages: 5 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482116 02/13/2025 Open CSC Of Salinas $290.63
482117 02/13/2025 Open Dale's Glass Shop Inc $8,268.53
482118 02/13/2025 Open Dataflow Business Systems Inc $102.00 482119 02/13/2025 Open Don Chapin Inc $2,192.16
482120 02/13/2025 Open East Bay Tire Company $2,236.59
482121 02/13/2025 Open Edges Electrical Group, LLC $1,600.77 482122 02/13/2025 Open El Sistema USA/Salinas, Inc dba YOSAL $12,850.92 482123 02/13/2025 Open Epicus Group LLC $16,100.00
482124 02/13/2025 Open Fashion Streaks $2,837.66
482125 02/13/2025 Open Fastenal Company $4,429.82
482126 02/13/2025 Open Fed Ex $21.47
482127 02/13/2025 Open Ferguson US Holdings Inc dba Ferguson Enterprises $3,092.09 482128 02/13/2025 Open Fire Suppression Innovations dba Greenfire $13,647.80 482129 02/13/2025 Open First Alarm Security & Patrol Inc dba An Allied Un $5,430.56 482130 02/13/2025 Open Full Source, LLC $241.04
482131 02/13/2025 Open G2Solutions, Inc $13.50
482132 02/13/2025 Open Gabilan Hills Apartments Partners, LP $4,786.00 482133 02/13/2025 Open Genuine Parts Company dba NAPA Auto Parts $664.61 482134 02/13/2025 Open Glasswork by Design $300.00
482135 02/13/2025 Open Golden State Emergency Vehicle Service Inc $364.01 482136 02/13/2025 Open Granite Construction Company $6,260.08 482137 02/13/2025 Open Granite Rock Co $2,811.08
482138 02/13/2025 Open Harris and Associates $7,695.64
482139 02/13/2025 Open Heather A Hardee dba Hardee Polygraph Services $2,250.00 482140 02/13/2025 Open Hydro Turf $143.42
482141 02/13/2025 Open Ingram Book Company $4,017.39
482142 02/13/2025 Open Interstate Battery System Inc $514.45 482143 02/13/2025 Open Iteris Inc $9,077.37
482144 02/13/2025 Open Johnson Electronics $312.00
482145 02/13/2025 Open Jose Luis Corral dba Salinas Pizza $835.64 482146 02/13/2025 Open Karla's Janitorial & Suppliers, LLC $3,050.00 482147 02/13/2025 Open Kimball Midwest $760.99
482148 02/13/2025 Open Kimley Horn And Assoc Inc $1,554.13 482149 02/13/2025 Open Kronos Incorporated $160.00
482150 02/13/2025 Open Las Jicamas Apartments, LP $4,227.00 482151 02/13/2025 Open Las Jicamas Apartments, LP $2,060.00 482152 02/13/2025 Open Leadership Monterey County $2,500.00 482153 02/13/2025 Open League Of California Cities $39,893.00 482154 02/13/2025 Open Life Assist $650.44
482155 02/13/2025 Open Lorraine H. Quinn $8,440.00
482156 02/13/2025 Open Luz M Venegas dba Luz M Venegas, LCSW $600.00 user: Josephine Fernandez Pages: 6 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482157 02/13/2025 Open Market Street Townhomes, L.P. $5,026.00 482158 02/13/2025 Open Martin Sandoval dba Lock Stock N' Barrel $262.20 482159 02/13/2025 Open Maze & Associates $12,627.50
482160 02/13/2025 Open Michael Spencer dba Tire & Wheel World $257.64 482161 02/13/2025 Open MidPen Housing Corp $253.00
482162 02/13/2025 Open Midwest Tape, LLC dba Midwest Tape $440.41 482163 02/13/2025 Open Miracle Playsystems, Inc. $1,078.64 482164 02/13/2025 Open MJ Communications, Inc $3,127.91 482165 02/13/2025 Open Monterey Bay Economic Partnership $10,000.00 482166 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482167 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482168 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482169 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482170 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482171 02/13/2025 Open Monterey County Fire Prevention Officers Assoc $25.00 482172 02/13/2025 Open Monterey County Mayors Association $1,621.53 482173 02/13/2025 Open Monterey Transfer and Storage Inc $699.00 482174 02/13/2025 Open Monterra Ranch Of Monterey Home Owner's Associatio $460.00 482175 02/13/2025 Open MPL LTD dba Monterey Pines Apartments $731.73 482176 02/13/2025 Open Municipal Resource Group LLC $3,875.00 482177 02/13/2025 Open National Plant Services, Inc $67,703.80 482178 02/13/2025 Open Natividad Medical Foundation $13,610.26 482179 02/13/2025 Open NI Government Services Inc. $1,028.99 482180 02/13/2025 Open Norcal Contractor $59,237.82
482181 02/13/2025 Open NPI Capital Partners LP dba Northridge Park Apartm $6,274.77 482182 02/13/2025 Open NPI Capital Partners LP dba Northridge Park Apartm $2,400.00 482183 02/13/2025 Open NPI Capital Partners LP dba Northridge Park Apartm $4,951.00 482184 02/13/2025 Open Office Depot Business Service Division $920.69 482185 02/13/2025 Open Olivia V Garcia Trustee $3,600.00 482186 02/13/2025 Open OpportunitySpace, Inc $141,000.00 482187 02/13/2025 Open Pacific Gas and Electric Company $619.29 482188 02/13/2025 Open Pacific Gas and Electric Company $196.45 482189 02/13/2025 Open Pacific Gas and Electric Company $21.25 482190 02/13/2025 Open Pacific Gas and Electric Company $137.80 482191 02/13/2025 Open Pacific Gas and Electric Company $110.42 482192 02/13/2025 Open Pacific Gas and Electric Company $297.48 482193 02/13/2025 Open Pacific Gas and Electric Company $2,757.37 482194 02/13/2025 Open Pacific Gas and Electric Company $96.47 482195 02/13/2025 Open Pacific Gas and Electric Company $68.60 482196 02/13/2025 Open Place Works Inc $28,999.89
482197 02/13/2025 Open Pure Gold Forensics, Inc $5,382.00 user: Josephine Fernandez Pages: 7 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482198 02/13/2025 Open Pure Water $313.50
482199 02/13/2025 Open Quality Water Enterprises Inc dba Culligan Water $570.00 482200 02/13/2025 Open Raul Lozano dba ASAP Signs & Printing $580.88 482201 02/13/2025 Open Refrigeration Supplies Distributor $299.97 482202 02/13/2025 Open Republic Services of Salinas $1,655.86 482203 02/13/2025 Open Republic Services of Salinas $1,604.16 482204 02/13/2025 Open Rexel USA, Inc dba Platt Electric Supply $1,891.14 482205 02/13/2025 Open Ross Recreation Equipment $664.18 482206 02/13/2025 Open Same Day Shred $120.00
482207 02/13/2025 Open San Jose State University Research Foundation $79,007.74 482208 02/13/2025 Open San Lorenzo Lumber $1,241.69
482209 02/13/2025 Open Smith and Enright Landscaping $32,613.00 482210 02/13/2025 Open Sturdy Oil Company $60,635.58
482211 02/13/2025 Open Target Pest Control $698.00
482212 02/13/2025 Open TFD Unlimited LLC dba TFD Supplies $300.45 482213 02/13/2025 Open Trentman Corp. dba Interstate Sales/T-Man Traffic $4,892.13 482214 02/13/2025 Open Tringali Bros, LLC dba c/oTorrente Property Manage $2,900.00 482215 02/13/2025 Open Twining, Inc $1,194.38
482216 02/13/2025 Open Tynan Affordable Housing Limited Partnership $8,448.90 482217 02/13/2025 Open U.S. Bank National Association ND $24,503.14 482218 02/13/2025 Open Uline, Inc $3,822.56
482219 02/13/2025 Open Underground Service Alert $10,923.71 482220 02/13/2025 Open United Parcel Service $58.88
482221 02/13/2025 Open United Site Services $375.10
482222 02/13/2025 Open Valley Restaurant and Catering Inc $2,510.29 482223 02/13/2025 Open Valley Saw Shop $114.91
482224 02/13/2025 Open Vegetable Growers Supply Company $647.79 482225 02/13/2025 Open Verizon Wireless $2,474.48
482226 02/13/2025 Open Verizon Wireless $3,351.97
482227 02/13/2025 Open VertiGIS North America Ltd. $10,839.00 482228 02/13/2025 Open Via Heart Project (Formerly The Via Foundation) $326.85 482229 02/13/2025 Open W W Grainger Inc $904.19
482230 02/13/2025 Open Wallace Group A California Corporation $23,164.33 482231 02/13/2025 Open Walmart c/o Capitol One $909.27 482232 02/13/2025 Open WCAF, LLC dba Watsonville Ford $1,073.88 482233 02/13/2025 Open WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram $1,465.65 482234 02/13/2025 Open William W Harder III $6,800.00
482235 02/13/2025 Open Lina Ye $65.00
482236 02/20/2025 Open Alejandro Magana $263.50
482237 02/20/2025 Open Andres Torres $75.00
482238 02/20/2025 Open Dave R Ball dba Motor Squad Training Institute $2,100.00 user: Josephine Fernandez Pages: 8 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482239 02/20/2025 Open David Vigil Martinez $90.00
482240 02/20/2025 Open Francisco Brambila $90.00
482241 02/20/2025 Open Justin Heckman $72.00
482242 02/20/2025 Open Luis Rodriguez $90.00
482243 02/20/2025 Open Monica Flores-Ponce $90.00
482244 02/20/2025 Open Sergio Ponce $51.00
482245 02/20/2025 Open Steven Hoyte $480.00
482246 02/20/2025 Open 2NDNATURE, LLC $47,195.00
482247 02/20/2025 Open 4 Imprint $6,607.52
482248 02/20/2025 Open 72 Hour LLC dba Chevrolet of Watsonville/National $9,081.69 482249 02/20/2025 Open ABAG Power Purchasing Pool $44,779.19 482250 02/20/2025 Open Ace Hardware $299.34
482251 02/20/2025 Open Acme Car Wash (William Pierce Inc) $2,216.47 482252 02/20/2025 Open Advanced Computer Tech Solutions, Inc dba Alliance $1,580.00 482253 02/20/2025 Open Alameda Electrical Distributors $449.45 482254 02/20/2025 Open All Safe Security Alarm $726.50
482255 02/20/2025 Open Amazon.Com $919.52
482256 02/20/2025 Open American Supply Company $1,999.73 482257 02/20/2025 Open Ashley T. Martinez dba California Public Relations $33,710.29 482258 02/20/2025 Open AT and T $47,180.94
482259 02/20/2025 Open AT and T $156.28
482260 02/20/2025 Open AT and T $35,078.93
482261 02/20/2025 Open B & H Foto & Electronics Corp $92.59 482262 02/20/2025 Open Backflow Distributors, Inc $3,631.70 482263 02/20/2025 Open Blankinship & Associates, Inc. $855.00 482264 02/20/2025 Open BlueTriton Brands Inc dba ReadyRefresh $76.81 482265 02/20/2025 Open Breakout Prison Outreach dba California Youth Outr $21,422.74 482266 02/20/2025 Open Brook Joiner Walsh ada Brooklyn Joiner dba Joiner $20,000.00 482267 02/20/2025 Open Cagwin & Dorward, LLC $492.00
482268 02/20/2025 Open California Water Environment Association $106.00 482269 02/20/2025 Open California Water Service $37,030.33 482270 02/20/2025 Open California Water Service $105.81 482271 02/20/2025 Open California Water Service $35.38
482272 02/20/2025 Open California Water Service $1,609.58 482273 02/20/2025 Open California Water Service $35.38
482274 02/20/2025 Open California Water Service $490.77 482275 02/20/2025 Open Canon Solutions America Inc $213.81 482276 02/20/2025 Open Carlos R Ramirez dba Old Stage Holding Company LLC $7,000.00 482277 02/20/2025 Open Carr Avenue Limited Partnership, LP dba Vista De $4,512.00 482278 02/20/2025 Open Carr Avenue Limited Partnership, LP dba Vista De $3,435.00 482279 02/20/2025 Open Casentini Street Apartments, Llc $10,880.80 user: Josephine Fernandez Pages: 9 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482280 02/20/2025 Open CDW Government LLC $18,635.00
482281 02/20/2025 Open Charlie D. Zarza $936.00
482282 02/20/2025 Open CHISPA dba Jardines De Soledad $1,918.00 482283 02/20/2025 Open CHISPA dba Jardines De Soledad $982.00 482284 02/20/2025 Open CHISPA dba Jardines De Soledad $2,350.05 482285 02/20/2025 Open CHISPA dba Jardines De Soledad $2,632.00 482286 02/20/2025 Open CHISPA dba Jardines De Soledad $2,195.00 482287 02/20/2025 Open Cintas $1,713.56
482288 02/20/2025 Open Coast Automotive Warehouse Inc $189.90 482289 02/20/2025 Open Comcast (Business) $573.13
482290 02/20/2025 Open Commercial Truck Company $18.60
482291 02/20/2025 Open Community Homeless Solutions $164,848.04 482292 02/20/2025 Open Consolidated Electrical Distributors, Inc. $653.73 482293 02/20/2025 Open CorVel Corporation Inc dba CorVel Enterprise Compa $18,595.83 482294 02/20/2025 Open DGDG 22, LLC dba Salinas Honda $961.02 482295 02/20/2025 Open Direct TV LLC $99.24
482296 02/20/2025 Open Don Chapin Inc $3,781.43
482297 02/20/2025 Open E2 Consulting Engineers, Inc $1,410.00 482298 02/20/2025 Open Economic & Planning Systems, Inc. $47,145.00 482299 02/20/2025 Open Edges Electrical Group, LLC $3,294.51 482300 02/20/2025 Open Edilcia Perez dba Mami Fit $247.00 482301 02/20/2025 Open ESRI $22,765.00
482302 02/20/2025 Open Fastenal Company $194.38
482303 02/20/2025 Open Ferguson US Holdings Inc dba Ferguson Enterprises $1,364.67 482304 02/20/2025 Open First Alarm Security & Patrol Inc dba An Allied Un $3,028.00 482305 02/20/2025 Open Foster & Foster Consulting Actuaries, Inc $37,000.00 482306 02/20/2025 Open Genuine Parts Company dba NAPA Auto Parts $35.95 482307 02/20/2025 Open Goldfarb and Lipman $1,055.00
482308 02/20/2025 Open Goldstar Products, Inc $1,063.11 482309 02/20/2025 Open Good Guard Security, Inc. $47,219.04 482310 02/20/2025 Open Granite Construction Company $1,715.24 482311 02/20/2025 Open Granite Rock Co $1,815.25
482312 02/20/2025 Open Griffin Structures, Inc $14,118.35 482313 02/20/2025 Open Harden Salinas AR, LP dba Harden Ranch Apartments $2,296.00 482314 02/20/2025 Open Harris and Associates $4,937.00
482315 02/20/2025 Open HD Supply White Cap Construction Supply $2,258.56 482316 02/20/2025 Open HEMI'S Construction Engineering Inc $2,500.00 482317 02/20/2025 Open Housing Authority of the County of Monterey $5,164.00 482318 02/20/2025 Open Housing Authority of the County of Monterey $2,308.00 482319 02/20/2025 Open Hydro Turf $856.57
482320 02/20/2025 Open iHeartMedia Entertainment Inc dba KDON-FM RDON-FM $6,000.00 user: Josephine Fernandez Pages: 10 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482321 02/20/2025 Open Ingram Book Company $2,293.63
482322 02/20/2025 Open Interactive Data, LLC dba IDI $175.72 482323 02/20/2025 Open Interstate Battery System Inc $840.17 482324 02/20/2025 Open Jahaira Paola Navarro dba Dance Into Fitness with $747.50 482325 02/20/2025 Open Jamar Technologies $506.47
482326 02/20/2025 Open Johnson Associates $55.39
482327 02/20/2025 Open Katherine Hogan $746.20
482328 02/20/2025 Open Kimley Horn And Assoc Inc $1,720.00 482329 02/20/2025 Open Las Casas de Madera Cooperative, Inc $7,995.00 482330 02/20/2025 Open Las Casas de Madera Cooperative, Inc $6,838.56 482331 02/20/2025 Open Las Jicamas Apartments, LP $3,047.00 482332 02/20/2025 Open Las Jicamas Apartments, LP $2,269.00 482333 02/20/2025 Open Las Jicamas Apartments, LP $1,723.00 482334 02/20/2025 Open LAZ Karp Associates, LLC $43,575.45 482335 02/20/2025 Open LexisNexis Risk Data Management Inc Accurint Acct $511.90 482336 02/20/2025 Open Life Assist $8,967.53
482337 02/20/2025 Open Mangold Property Management, Inc $2,600.00 482338 02/20/2025 Open Manuel E Graves $1,200.00
482339 02/20/2025 Open Marina 706, L.P. dba Terracina at the Dunes $6,675.00 482340 02/20/2025 Open Marina 706, L.P. dba Terracina at the Dunes $10,404.02 482341 02/20/2025 Open Marina 706, L.P. dba Terracina at the Dunes $11,191.00 482342 02/20/2025 Open Market Street Townhomes, L.P. $1,745.00 482343 02/20/2025 Open Maurilio Serrano $2,695.00
482344 02/20/2025 Open MidPen Housing Corp $1,467.00
482345 02/20/2025 Open MIS CORP $1,072.50
482346 02/20/2025 Open Mission Communications, LLC $1,137.00 482347 02/20/2025 Open MJ Communications, Inc $556.85
482348 02/20/2025 Open Mobile Audio and Cellular $150.00 482349 02/20/2025 Open Mohammad El-Ali $55.00
482350 02/20/2025 Open Monterey County Health Department $8,105.71 482351 02/20/2025 Open My Jeep $847.47
482352 02/20/2025 Open New Reader's Press $4,873.05
482353 02/20/2025 Open NPI Capital Partners LP dba Northridge Park Apartm $2,720.00 482354 02/20/2025 Open Nutrien Ag Solutions, Inc $7,647.50 482355 02/20/2025 Open Office Depot Business Service Division $1.62 482356 02/20/2025 Open One Workplace L Ferrari, LLC dba Peninsula Busines $2,949.52 482357 02/20/2025 Open Pacific Gas and Electric Company $169,748.30 482358 02/20/2025 Open Pacific Gas and Electric Company $167.36 482359 02/20/2025 Open Pacific Gas and Electric Company $157.77 482360 02/20/2025 Open Pacific Gas and Electric Company $94.93 482361 02/20/2025 Open Pacific Gas and Electric Company $91.31 user: Josephine Fernandez Pages: 11 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482362 02/20/2025 Open Pacific Gas and Electric Company $1,120.20 482363 02/20/2025 Open Pacific Gas and Electric Company $461.10 482364 02/20/2025 Open Pacific Truck Parts Inc $1,876.63 482365 02/20/2025 Open Paul Salinas $168.00
482366 02/20/2025 Open Petsmart $1,136.10
482367 02/20/2025 Open PNC Equipment Finance, LLC $125,143.74 482368 02/20/2025 Open Pure Gold Forensics, Inc $1,255.50 482369 02/20/2025 Open Pure Water $18.75
482370 02/20/2025 Open Quinn Company $353.97
482371 02/20/2025 Open Rancho Cielo Youth Center $8,222.47 482372 02/20/2025 Open Raul Lozano dba ASAP Signs & Printing $469.40 482373 02/20/2025 Open Refrigeration Supplies Distributor $267.22 482374 02/20/2025 Open Republic Services of Salinas $649.45 482375 02/20/2025 Open Rexel USA, Inc dba Platt Electric Supply $263.74 482376 02/20/2025 Open Rhonda Combs $651.00
482377 02/20/2025 Open Robert Cox $260.00
482378 02/20/2025 Open Roosevelt Street Townhomes LP dba Roosevelt Townho $2,065.00 482379 02/20/2025 Open Ryan Wittig $150.00
482380 02/20/2025 Open Salinas Valley Solid Waste Authority $1,346.75 482381 02/20/2025 Open Same Day Shred $60.00
482382 02/20/2025 Open San Lorenzo Lumber $1,069.37
482383 02/20/2025 Open Sea Garden LP dba Sea Garden Apartments $1,601.00 482384 02/20/2025 Open Sea Garden LP dba Sea Garden Apartments $4,087.00 482385 02/20/2025 Open Smart and Final Iris $1,653.05
482386 02/20/2025 Open Smith and Enright Landscaping $55,255.10 482387 02/20/2025 Open State Bar Of California $758.00
482388 02/20/2025 Open Sturdy Oil Company $542.74
482389 02/20/2025 Open TechRx Technology Services Corporation $4,725.00 482390 02/20/2025 Open The Ed Jones Company, Incorporated $414.58 482391 02/20/2025 Open The Sherwin-Williams Co $415.37
482392 02/20/2025 Open Third Heaven Landscape $493.00
482393 02/20/2025 Open Trevor Boreham dba Life Saving Certified LLC $250.00 482394 02/20/2025 Open Tri County Fire Protection $175.00 482395 02/20/2025 Open Tyler Business Forms $737.96
482396 02/20/2025 Open U.S. Bank National Association ND $4,366.60 482397 02/20/2025 Open United Parcel Service $36.00
482398 02/20/2025 Open Valley Saw Shop $1,540.71
482399 02/20/2025 Open Vegetable Growers Supply Company $372.73 482400 02/20/2025 Open Verizon Wireless $2,168.07
482401 02/20/2025 Open Verizon Wireless $6,730.42
482402 02/20/2025 Open Verizon Wireless $6,028.26
user: Josephine Fernandez Pages: 12 of 13 Friday, February 21, 2025 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 2/4/2025 - To Payment Date: 2/21/2025 482403 02/20/2025 Open Verizon Wireless $1,085.19
482404 02/20/2025 Open Verizon Wireless $757.38
482405 02/20/2025 Open Vestis Group, Inc dba Vestis Services, LLC $75.12 482406 02/20/2025 Open Vineyard Green Townhomes, LP $3,569.00 482407 02/20/2025 Open Vineyard Green Townhomes, LP $3,252.00 482408 02/20/2025 Open W W Grainger Inc $21.04
482409 02/20/2025 Open Wallace Group A California Corporation $34,113.00 482410 02/20/2025 Open Walnut Place Townhomes, LP $520.00 482411 02/20/2025 Open Walnut Place Townhomes, LP $3,569.00 482412 02/20/2025 Open WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram $122.22 482413 02/20/2025 Open Western Systems, Incorporated $22,035.51 482414 02/20/2025 Open Wilbur-Ellis Company $10,743.85
482415 02/20/2025 Open William W Harder III $8,000.00
482416 02/20/2025 Open William W Harder III $6,000.00
482417 02/20/2025 Open Worldpac $21.97
482418 02/20/2025 Open CVS Health Corporation $590.59
482419 02/20/2025 Open Rich Trytten $298.25
$3,141,148.79Type Check Totals:

General Account - General Account Totals
user: Josephine Fernandez Pages: 13 of 13 Friday, February 21, 2025 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-025, Version: 1
Award of the Accessibility Improvements for Closter Park Recreation Center, CIP No. 9451 Approve a Resolution approving the Plans and Specifications for the Accessibility Improvements for the Closter Park Recreation Center CIP No. 9451; awarding the Accessibility Improvements for Closter Park Recreation Center CIP No. 9451 contract to Tombleson, Incorporated in the amount not to exceed $320,225; authorizing the Mayor to execute the contract on behalf of the City; authorizing the City Engineer to approve contract change orders up to an additional 15% in an amount not to exceed $48,034 for construction contingencies; and approving the reallocation of $67,940 from CIP 9022 and $240,000 from CIP 9048 to CIP 9451.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 25, 2025
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR

KRISTAN LUNDQUIST, LCS DIRECTOR
BY: PHAVANA ARAMKUL, JUNIOR ENGINEER

ADRIANA ROBLES, CITY ENGINEER

TITLE: AWARD OF THE ACCESSIBILITY IMPROVEMENTS FOR THE
CLOSTER PARK RECREATION CENTER CIP NO. 9451

RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution:

1. Approving the Plans and Specifications for the Accessibility Improvements for the Closter Park Recreation Center CIP No. 9451;

2. Awarding the Accessibility Improvements for Closter Park Recreation Center CIP No. 9451 contract to Tombleson, Incorporated in the amount not to exceed $320,225;

3. Authorizing the Mayor to execute the contract on behalf of the City;

4. Authorizing the City Engineer to approve contract change orders up to an additional 15% in an amount not to exceed $48,034 for construction contingencies; and

5. Approving the reallocation of $67,940 from CIP 9022 and $240,000 from CIP 9048 to CIP 9451.

EXECUTIVE SUMMARY:

In September 2021, City Council adopted the ADA Transition Plan to address accessibility deficiencies at City facilities. In A pril 2023, Library and Community Services staff prepared a scope for accessibility improvements at the Closter Park Recreation Center (Boxing Club) and the Firehouse Recreation Center. Concerns with the design have delayed the improvements for the Firehouse Recreation Center. This award w ill allow the improvements at the Closter Park Recreation Center to move forward.

On January 7, 2025, three bids were electronically received and publicly opened for the Accessibility Improvements at the Closter Park Recreation Center, CIP No. 9451. Premier Builders Inc. was the apparent low bidder, but Tombleson, Incorporated, a local contractor, received a five percent local business preference, in accordance with Section 12-28.050 of the Salinas Municipal Code, making them the lowest responsible and responsive bidder. City staff recommends awarding the contract for the Accessibility Improvements at the Closter Park Recreation Center, CIP No. 9451 to Tombleson, Incorporated in an amount not to exceed $320,225.

Page | 2
BACKGROUND:

The Americans with Disabilities Act (ADA) of 1990 is meant to ensure that people with disabilities can fully participate in all aspects of civic life. Under Title II, a public entity may not deny the benefits of its programs, services, and/or activities to individuals with disabilities by maintaining inaccessible facilities, which house these programs, services and activities.

In 2016, physical accessibility barriers were surveyed at various City facilities. The survey served was part of the City’s ADA Transition which was adopted by City Council on September 21, 2021 (Resolution No. 22199) . On April 7, 2023, a request for proposal was issued to improve accessibility for the Closter Park Recreation Center and Firehouse Recreation Center restrooms.

Wald, Ruhnke & Dost Architects (WRD) was selected as the project designer to develop the construction plans and specifications to address restroom accessibility for Closter Park Recreation Center and to address accessible parking, path of travel, and first floor accessibility at the Firehouse Recreation Center. The proposed improvements address accessibility barriers identified in the ADA Transition Plan.

On November 6, 2024, the City Engineer approved the project plans and specifications and authorized the call for bids for the Accessibility Improvements for Firehouse & Closter Park Buildings CIP No. 9311 & 9451. During the bidding process, conflicts with the project scope and design were identified at the Firehouse Recreation Center. In order for improvements to move forward at the Closter Park Recreation Center, the City issued bid Addendum No. 3 removing the Firehouse Recreation Center from the scope of work.

On January 7, 2025, three bids were electronically received and publicly opened via Zoom for the Accessibility Improvements at the Closter Park Recreation Center, CIP No. 9451. At the bid opening Premier Builders Inc . was the apparent low bidder. Premier Builders is not a local contractor as defined by Section 12-28.050 of the Salinas Municipal Code. The second low bidder, Tombleson, Inc. is a local business and as such, received the 5% local business preference, making them the lowest responsive and responsible bidder. Table 1 provides the bid results.

Table 1. Bid Results
Contractor Base Bid Local Preference
Adjustment
Total Bid +
Award Criteria
Tombleson, Incorporated $320,225 $16,011 $304,214
Premier Builders Inc $306,769 $306,769
101 Builders, Inc. $454,101 $454,101
Engineer’s Estimate $495,000
The Engineer's Estimate for the project was $495,000 and the three bids received were below the Engineer’s Estimate. See Exhibit B – Bid Tabulation sheet for bid details.

Construction is anticipated to begin in May 2025 and completed in the fall of 2025. A total of 90 working days were assigned for construction of the project . In December 2024, City Council approved the Closter Park Revitalization Project. The revitalization project will encompass the entire park and coordination to ensure access to the facility will be required. Pu blic Works and Library and Community Services staff are working closely to coordinate both projects.

Staff recommends award of the Accessibility Improvements for the Closter Park Recreation Center to Tombleson Inc for a not to exceed contract cost of $32 0,225. A breakdown of the anticipated project costs is provided in Table 2.

Page | 3
Table 2. Anticipated Project Costs

ANTICIPATED COSTS
Description Anticipated Expenditure
Tombleson Inc - Base Bid $320,225
Construction Contingency (15%) $48,034
Subtotal Direct Project Costs: $368,259
Administrative Overhead $50,000
Art Charge (1%) $3,202
Project Management, Permit Fees, Inspection
& Labor Compliance $50,023
Abatement Oversight, Separate Contract $16,011
Subtotal Soft Costs: $119,236
TOTAL PROJECT COSTS: $ 487,495

CEQA CONSIDERATION:

Categorically exempt: The City of Salinas has determined that the project is exempt from the California Environmental Quality Act ( CEQA) pursuant to CEQA Guidelines Section 1530l(a) (Class 1), because the project proposes to make interior alterations to an existing structure.

CALIFORNIA GOVERNMENT CODE §84308:

No, Government Code §84308 (Levine Act ) does not apply to this project since this was a competitively bid project.

STRATEGIC PLAN INITIATIVE:

The award and implementation of this project supports the Council’s goals of “ Infrastructure and Environmental Sustainability” and “Youth and Seniors”, along with furthering the state and federal requirement to provide accessible facilities as identified by the City’s ADA Transition Plan.

DEPARTMENTAL COORDINATION:

Public Works, Library and Community Services, and Community Development staff have worked together to develop the project scope of work, review design documents and will continue to work together through construction of the project.

FISCAL AND SUSTAINABILITY IMPACT:

Sufficient funds are available to proceed with the construction for this project with the allocations from other CIP projects as identified within this report and summarized below.

Fund Appropriation Appropriation
Name Total Appropriation Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget Action
(Resolution, Date)
9451 55.9451-

66.4000
Capital Outlay
Improvements $195,852 $179,555 n/a 22507
9048 55.9048-

66.4000
Capital Outlay
Improvements $280,000 $240,000 n/a 22380, 2023, pg. 96 Page | 4
Fund Appropriation Appropriation
Name Total Appropriation Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget Action
(Resolution, Date)
9022 55.9022-

66.4000
Capital Outlay
Improvements $350,678 $67,940 n/a 22380, 2023, pg. 95

ATTACHMENTS:

Resolution
Exhibit A – Project Location Map
Exhibit B – Bid Tabulation Sheet

1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AWARDING THE ACCESSIBILITY IMPROVEMENTS FOR THE CLOSTER PARK RECREATION CENTER, CIP NO. 9451

WHEREAS, the Americans with Disabilities Act (ADA) of 1990 is meant to ensure that people with disabilities can fully participate in all aspects of civic life; and WHEREAS, on September 21, 2021, the City Council adopted the City’s ADA Transition Plan, thereby approving the policies and practices necessary to meet Title II of the ADA; and WHEREAS, the physical accessibility barriers survey of 2016, identified deficiencies at the various City facilities, including the Closter Park Recreation Center and the Firehouse Recreation Center; and
WHEREAS, on April 7, 2023, a request for proposal was issued to develop construction plans and specifications for the restroom accessibility improvements at Closter Park and Firehouse Recreation Center; and
WHEREAS, o n November 6, 2024 , the City Engineer approved the project Plans and Specifications and authorized the call for bids for the Accessibility Improvements for Firehouse & Closter Park, CIP No. 9311 & 9451; and
WHEREAS, on Dec 16, 2024, City staff issued Addendum No. 3 removing the Firehouse Recreation Center improvements from project bid due to conflicts with the project scope and design; and
WHEREAS, On January 7, 202 5, three bids were electronically received and publicly opened via Zoom for the Accessibility Improvements at the Closter Park Recreation Center, CIP No. 9451. Premier Builders Inc. was the apparent low bidder. Tombleson, Inc., a local contractor, received a five percent local business preference, in accordance with Section 12 -28.050 of the Salinas Municipal Code, making them the lowest responsible and responsive bidder; and WHEREAS, City staff thereupon reported the bid results to the City Council at its regular meeting on February 25, 2025, and the Salinas City Council in open session at said meeting examined the staff report; and
WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1) because the only project proposes to interior alterations to an existing facility.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code Section 12-21, in reference to the Accessibility Improvements for Closter Park Recreation Center, CIP No. 9451, that all of said bids are rejected except the bid from Tombleson Inc., (hereinafter referred to as “Succ essful Bidder”), being the best bid which is hereby accepted . The subject contract is hereby awarded to said Successful Bidder for the sum of $ 320,225, and more specifically at the prices particularly set forth and contained in the Proposal for the Accessibility Improvements for Closter Park Recreation Center CIP No. 9451 , of said Successful Bidder 2 previously filed in the office of the City Clerk; and BE IT FURTHER RESOLVED that said plans and specifications for the Accessibility Improvements for Closter Park Building CIP No. 9451 are hereby approved for said work and said plans and specifications are by reference incorporated in and hereby made a part of this resolution; and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed on behalf of the City of Salinas to execute a contract consistent with the Proposal of said Successful Bidder for said work; and
BE IT FURTHER RESOLVED that the City Engineer is authorized to approve any and all change orders up in an amount not to exceed $48,034 for construction contingencies; and BE IT FURTHER RESOLVED that the City Council approves the reallocation of $67,940 from CIP 9022 and $240,000 from CIP 9048 to CIP 9451.

PASSED AND APPROVED this 25th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
iv

VICINITY MAP

EXHIBIT A
BID OPENING:

Jan. 7, 2025

BID TABULATION
Accessibility Improvements for Closter Park Building
CIP No. 9451
Bid awarded on _________ by Salinas City Council by Resolution No. _______ (NCS) to: _______________ _ Drawing No. N/A for for the sum of $320,225 (BaseBid items 4 thru 6) Project Coordinator: Phavana Aramkul All other bids were rejected and bid bonds returned. Project Manager: Adriana Robles Dated this ______ day of _________, 2025
City Clerk
IT
EM
CODE
BASE BID 2 (Accessibility Improvements Closter Park Building) 4 Abatement of Asbestos and Lead Containing Materials (ACM/LCM) Only in Disturbed Areas, and Proper Disposal of ACM & LCM (Paint) Contaminated Materials in Affected Work Areas as specified on Plans and Specifications
1L S 40,000$ 40,000$ 24,000$ 24,000$ 23,795$ 23,795$ 30,000$ 30,000$ 5 Site Work: Restroom Accessibility Improvement Renovations to Existing Building; Demolishing Existing Walls, Doors, Windows, and Ceilings (To Include Removal, Transportation, Recycling, and Disposal of Materials); Installation of CMU Walls, Reinforced Concrete Footings; and accessible parking as specified on Plans and s
pecifications
1L S 390,000$ 390,000$ 275,225$ 275,225$ 84,799$ 84,799$ 399,101$ 399,101$ 6 MISC., General Conditions, Requirem ents, Coordination, Mobilization 1 LS 65,000$ 65,000$ 21,000$ 21,000$ 198,175$ 198,175$ 25,000$ 25,000$ TOTAL BASE BID 2 (Items No. 4-6 ) (For Comparison Only) 3 Local Purchasing Discount
GRAND TOTAL (BASE BID 2)
(FOR COMPARISON ONLY)
1 2
3 4
5 6
7 8
9 10
11 12
13 CONTRACTOR #3
101 Builders, Inc.
10435 Monterey Rd
Gilroy, CA 95020
X
TOTAL
454,101$
454,101$
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

UNIT PRICE
X
X
304,214$
TOTAL
320,225$

UNIT PRICE TOTAL
306,769$
306,769$
X
X
X
X
X
X
X
X
X
X
X
X
Insurance Certification
495,000$

ENGINEERING ESTIMATE
ITEM
NO. UNIT PRICE
5%
Addendum No. 3
495,000$
Bidder's Statement Of Subcontractors Part I
Addendum No. 2
ITEMS TO BE SUBMITTED BY LOW BIDDER AND SECOND LOWEST BIDDDER ON/OR WITHIN 5 WORKING DAYS AFTER BID OPENING DATE Premier Builders Inc
5780 Obata Way
Gilroy, CA 95020
CONTRACTOR #1 CONTRACTOR #2
DESCRIPTION UNIT TOTAL APPROX. QTY
Bidder's Statement Of Subcontractors Part II
Non-Collusion Declaration Of Sub-Contractor
Bidder's Statement of Good Faith Effort for Local Hire
Bidder's List For The City Of Salinas Engineering And Transportation Department

ITEMS TO BE SUBMITTED WITH PROPOSAL ON BID OPENING DATE Proposal
Addendum No. 1
Bid Bond
Bidder’s Statement of Financial Responsibility Technical Ability and Experience Non-Collusion Declaration Of Contractor
Tombleson Incorporated
PO Box 1388
Salinas, CA 93902
16,011$ N/A N/A

UNIT PRICE
2/5/2025 J:\p\9311.9451 Access Imprv at Firehouse & Closter Pa rk Bldg\office\BID Operations\BID_TAB_CIP.9451.xlsx Page 1 of 1

EXHIBIT B
X
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-026, Version: 1
Amendment No. 2 to the Professional Services Agreement with BFS Landscape Architects Approve a Resolution delegating authority to the City Manager to execute Amendment No. 2 to the Professional Services Agreement with BFS Landscape Architects to extend the term for an additional two (2) years and to increase the total compensation by $8,000, for a total not to exceed amount of $1,836,589; and authorizing the reappropriation of up to $100,000 from District 5 Recreation Center Reserve to CIP 9060 to be utilized for BFS’s additional services, permitting fees and construction of the accessibility requirements associated with the installation of a universal playground at Northgate Neighborhood Park.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 25, 2025
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, LCS DIRECTOR
BY: ANA AMBRIZ, REC-PARK SUPERINTENDENT
TITLE: AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SALINAS AND BFS

LANDSCAPE ARCHITECTS

RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution:

1. Delegating authority to the City Manager to execute Amendment No. 2 to the Agreement for Professional Services with BFS Landscape Architects to extend the term for an additional two (2) years and to increase the total compensation by $8,000, for a total not to exceed amount of $1,836,589; and

2. Authorizing the rea ppropriation of up to $ 100,000 from District 5 Recreation Center Reserve to CIP 9060 to be utilized for BFS’ additional services, permitting fees and construction of the accessibility requirements associated with the installation of a universal playground at Northgate Neighborhood Park.

EXECUTIVE SUMMARY:

On April 9, 2024, the Council authorized Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and BFS Landscape Architects for additional design, program, and construction management for El Gabilan Tot Lot to increase the t otal amount of compensation by $73,200 for a total not to exceed $1,828,589 to cover the additional cost associated with the design, program, and construction management for El Gabilan Tot -Lot from Alisal Vibrancy Plan (AVP) Implementation Funds (CIP 9246).

As projects move forward, LCS and BFS have been collaborating with Community Development to ensure compliance with accessibility and path of travel requirements under State Law and the Americans with Disabilities Act (ADA), which were triggered by the full replacement of the playground at Northgate Neighborhood Park. As a result, additional services from BFS, the permit center, and construction costs are necessary. To cover these increased costs, staff is requesting the Page | 2
agreement be extended, the compensation to be paid under the agreement be increased by $8,000, and the reappropriation of $100,000 from the District 5 Recreation Center Reserve to CIP 9060.

BACKGROUND:

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA), which provided the City of Salinas with $51,567,313 in relief funds. In September 2021, the City Council allocated ARPA funds for a number of government service projects, including $2 million dollars for playground structures, park benches and bar -be-que grills, the majority of which was to be spent in the 93905 and 93906 zip codes which were hit hardest by the COVID-19 pandemic. With the allocation, the Council Resolution called for staff to check in with the Finance Committee on these and the Public Works side walk/street repair allocations. In May 2022, staff provided an updated to the Finance Committee on the recommended projects identified for ARPA funding.

This report included a discussion of two new playground structures at Williams Ranch and Northgate Neighborhood Parks.

On December 13, 2022, the City Council authorized the City Manager to enter into a Professional Services Agreement (PSA) between the City of Salinas and BFS Landscape Architects (BFS) for program and construction management of multipl e projects to include the development of universal playgrounds concepts for Northgate and Williams Ranch Neighborhood Parks. BFS requested concepts from playground manufacturers and presented them to staff. After review, the 3 concept alternatives were presented to community in the Northgate neighborhood. Engagement consisted of an online survey and pop -up activities for each of the sites at the end of 2023. The goal was to get community’s preference on the presented concepts and site amenities.

On April 9, 2024, the Council authorized Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and BFS Landscape Architects for additional design, program, and construction management for El Gabilan Tot Lot to increase the total amount of compensation by $73,200 for a total not to exceed $1,828,589 to cover the additional cost associated with the design, p rogram, and construction management for El Gabilan Tot -Lot from Alisal Vibrancy Plan (AVP) Implementation Funds (CIP 9246).

Pop-up activities for Northgate occurred at the park itself, Henry F. Kamman Elementary School and Harden Middle School. The in -person event at Henry F. Kamman Elementary recorded 140 unique votes on the playground design alternatives, the Harden Middle School received 99 unique votes, and the online survey recorded 51 responses. The preferred concept was submitted by Yosso Group Inc. dba SPEC. On September 24, 2024, the City Council approve a Resolution authorizing the City Manager to negotiate and execute an agreement with Yosso Group Inc. for the replacement of the playground st ructure at Northgate Neighborhood Park in an amount not to exceed $974,090.54.

BFS and staff have been working with the Community Development and Public Works to address accessibility improvements triggered by the replacement of the playground and water fountain onsite. California Building Code and Americans with Disability Act (ADA) require all state and local governmental entities, provide reasonable accommodations for persons with disabilities. The path of travel from the public right of way to the playground and water fountain on site are required Page | 3
to comply with the building code and ADA laws. In order to address the accessibility improvements required by law, staff is requesting the reappropriation of $100,000 from the District 5 Recreation Center R eserve to CIP 9060 to cover additional design cost from BF S Landscape Architects, additional building permit fees and construction of the accessible improvements.

These improvements will also enhance future plans for a District 5 Recreation Center at Northgate Park and likely would have been necessary as a result of this future project. Staff will be requesting funding in t he FY 25 -26 budget process to replenish CIP 9342 District 5 Recreation Center Reserve.

CEQA CONSIDERATION:

The City of Salinas has determined that the replacement of the existing structure is substantially the same size, purpose, and capacity, and as a result qualifies as a Class 2 Categorical Exemption (CEQA Guidelines Section 15302, Replacement or Reconstruct ion) under the California Environmental Quality Act (CEQA).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes.

STRATEGIC PLAN INITIATIVE:

The playground replacement and accessibility improvements are consistent with the City Council Goals of:
 Youth and Seniors
 Infrastructure and Environmental Sustainability
 Public Safety

DEPARTMENTAL COORDINATION:

Library & Community Services, Community Development and Public Works collaborated on developing scope and selecting BFS to provide project and construction management services for this project. Collaboration between the three departments has continued through the building permit process.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
1100 55.9342 District 5
Recreation
Center Reserve
$6,900,000 $100,000 n/a 05/10/2022,
22352

Page | 4
The reallocation of up to $100,000 of District 5 Recreation Center Reserve to CIP 9060 to be utilized for BFS’ additional services, permitting fees and accessibility improvements associated with the playground replacement at Northgate Neighborhood Park.

ATTACHMENTS:

Resolution
Amendment No. 2

Page | 1

RESOLUTION NO. (N.C.S.)

AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SALINAS AND BFS LANDSCAPE ARCHITECTS

WHEREAS, On December 13, 2022, the Council authorized the City Manager to enter into an Agreement for Professional Services between the City of Salinas and BFS Landscape Architects in an amount not to exceed $1,755,389 for the design, program and construction management for Closter Park, El Gabilan Play Lot, and two universal playgrounds (one at Northgate Park and one at Williams Ranch Park); and

WHEREAS, On April 9, 2024, the Council authorized Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and BFS Landscape Architects for additional design, program, and constructio n management for El Gabilan Tot Lot to increase the total amount of compensation by $73,200 for a total not to exceed $1,828,589; and

WHEREAS, Amendment No. 2 to the Agreement for Professional Services with BFS Landscape Architects for additional cost associated with design, program, and construction management for the universal playground at Northgate Neighborhood Park to extend the term for an additional two (2) years and increase the total compensation by $8,000, for a total not to exceed amount of $1,836,589;

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to enter into Amendment No. 2 on behalf of the City; and

BE IT FURTHER RESOLVED that the Salinas City Council authorizes the reappropriation of up to $100,000 from District 5 Recreation Center Reserve to CIP 9060 to be utilized for BFS’ additional services, permitting fees and construction of the accessibility requirements with the installation of a universal playground at Northgate Neighborhood Park.

PASSED AND APPROVED this 25th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor
Page | 2

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Page 1 of 2 ends

Version: July 2024

AMENDMENT NO. 2 TO

THE AGREEMENT FOR PREFESSIONAL SERVICES BETWEEN THE CITY AND BFS LANDSCAPE ARCHITECTS

This Amendment No. 2 to the Agreement for Professional Services (the “Amendment”) is entered into this 25th day of February, 2025, by and between the City of Salinas (the “City”) and BFS Landscape Architects, (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Contractor first entered into a the Agreement for Professional Services effective January 2, 2023, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and

WHEREAS, the City and Contractor desire to amend the Agreement to reflect the term of the Agreement, additional services and compensation.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. Section 2 of the Agreement is hereby amended to read as follows:

Term; Completion Schedule. This Agreement shall commence on January 2, 2023, and shall terminate on June 30, 2027, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

2. Section 3 of the Agreement is hereby amended to read as follows:

Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million eight hundred twenty-eight thousand five hundred eighty- nine ($1,828,589) dollars.

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

___________________________________

Page 2 of 2 ends

Version: July 2024

□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

BFS LANDSCAPE ARCHITECTS

____________________________________
Printed name: ________________________
Title: ________________________________
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-032, Version: 1
Letter of Support for California State Assembly Bill 49 (Muratsuchi): Schoolsites and Day Care Centers; Entry Requirements: Immigration Enforcement
Approve a Resolution authorizing the Mayor to sign a letter on behalf of the City of Salinas in support of California State Assembly Bill 49 (Muratsuchi).

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

CITY COUNCIL

STAFF REPORT

DATE: FEBRUARY 25, 2025
DEPARTMENT: ADMINISTRATION
FROM: RENÉ MENDEZ, CITY MANAGER
BY: JOSE ARREOLA, ASSISTANT TO THE CITY MANAGER
TITLE: LETTER OF SUPPORT FOR CALIFORNIA STATE ASSEMBLY BILL 49 (MURATSUCHI): SCHOOLSITES AND DAY CARE CENTERS; ENTRY
REQUIREMENTS: IMMIGRATION ENFORCEMENT

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Mayor to sign a letter on behalf of the City of Salinas in support of California State Assembly Bill 49 (Muratsuchi).

BACKGROUND:

At the February 11, 2025, City of Salinas Council meeting Councilmember Jose Luis Barajas requested support from Council to direct staff to bring back a letter of support for California State Assembly Bill 49. Several Councilmembers expressed support for this request. Assembly Bill 49, as introduced by Assemblymember Muratsuchi, establishes protocols regarding entry by United States Immigration and Customs Enforcement (ICE) into school sites and day care centers, requiring that any such entry be predicated on the presentatio n of valid identification, a written statement of purpose, and a valid judicial warrant, along with prior approval from designated educational or childcare officials.

The City of Salinas recognizes its long and rich history of immigrants who have contributed to our local economy and become leaders in our community. We are a diverse city with foreign -born residents comprising over 38% of the City’s total population. The City of Salinas values a community where all residents regardless of immigration status can access vital services with confidence. Therefore, the City of Salinas wants to assure immigrants, refugees, and other newcomers opportunities for economic security, empowerment, and civic engagement, which are safe and free from discrimination, oppress ion, and violence, including safety to attend and work at our schools and to send children to daycare.

The attached letter of support for your review and approval is modeled after the County of Monterey’s letter of support. This includes a suggestion to Assemblymember Muratsuchi that the bill extend to include family childcare homes. Staff recommends you approve the letter of support for California State Assembly Bill 49.

Page | 2

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the pr oposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Effective and Culturally Responsive Government: Provide effective and culturally responsive government programs and services in a professional, customer -oriented manner that ensures equitable solutions to community challenges.

DEPARTMENTAL COORDINATION:

Administration staff worked with the City Attorney to write the Letter of Support.

GOVERNMENT CODE SECTION 84308 APPLIES:

No.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact attached to this request.

ATTACHMENTS:

Resolution
AB 49 (Muratsuchi)
Letter of Support
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR OF

SALINAS TO SIGN A LETTER OF SUPPORT OF CALIFORNIA STATE ASSEMBLY BILL 49 (MURATSUCHI)

WHEREAS, Assembly Bill 49, as introduced by Assemblymember Muratsuchi, establishes protocols regarding entry by United States Immigration and Customs Enforcement (ICE) into school sites and day care centers, requiring that any such entry be predicated on the presentation of valid identification, a written statement of purpose, and a valid judicial warrant, along with prior approval from designated educational or childcare officials; and

WHEREAS, the bill prohibits school officials and day care center employees fr om allowing ICE officers or employees to enter facilities where children are present, except as required by state or federal law or for the administration of a state or federally supported program; and WHEREAS, the City of Salinas recognizes the importance of preserving the confidentiality, privacy, and safety of students, children, and their families by ensuring that educational and child care facilities remain secure and free from unauthorized enforcement actions; and
WHEREAS, the City of Salinas supports policies that promote safe, inclusive, and transparent practices in its schools and childcare centers, reinforcing the community’s commitment to protecting the rights of all its residents; and
WHEREAS, the City Council has reviewed the text and intent of Assembly Bill 49 and finds that its provisions are consistent with the values and interests of the City; and WHEREAS, the City Council suggest that the bill extend to family childcare homes.

Family childcare homes make up a majority of childcare not only i n our area, but throughout the state; and
WHEREAS, the City Council wishes to formally express its support for Assembly Bill 49 by approving the attached letter of support as an official statement of endorsement; an NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of Salinas hereby approves the attached letter of support for California State Assembly Bill 49 (as introduced by Assemblymember Muratsuchi), pertaining to entry requirements for immigration enforcement at school sites and day care centers and authorizes the Mayor of Salinas to sign the letter on behalf of the City of Salinas; and
BE IT FURTHER RESOLVED THAT, the City Council directs the City Manager to forward copies of this Resolution and the attached letter of support to Assemblymember Mu ratsuchi, the California State Legislature, and other relevant parties.

PASSED AND APPROVED this 25th day of February 2025 by the following vote:
2 AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
california legislature—2025–26 regular session
ASSEMBLY BILL No. 49
Introduced by Assembly Member Muratsuchi
December 2, 2024
An act to amend Section 234.7 of the Education Code, and to add Section 1596.7997 to the Health and Safety Code, relating to early childcare and education.
legislative counsel’s digest
AB 49, as introduced, Muratsuchi. Schoolsites and day care centers:
entry requirements: immigration enforcement.
(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.

This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of the United States Immigration and Customs Enforcement (ICE) to enter a schoolsite for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving

99 approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. The bill would require the local educational agency, if the officer or employee of ICE meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2)
The California Child Day Care Facilities Act provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law defines a day care center as a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, schoolage child care centers, and child care centers licensed pursuant to specified laws.

This bill would prohibit, except as required by state or federal law or as required to administer a state or federally supported child care program, employees of a day care center from allowing an officer or employee of ICE to enter the site of the day care center for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the director of the day care center or their designee. The bill would require the day care center, if the officer or employee of ICE meets those requirements, to limit access to facilities where children are not present. (3)
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

V ote: majority.

Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 234.7 of the Education Code is amended line 2 to read:
line 3 234.7. (a) Except as required by state or federal law or as line 4 required to administer a state or federally supported educational line 5 program, school officials and employees of a local educational 99 — 2 — AB 49

line 1 agency shall not collect information or documents re garding line 2 citizenship or immigration status of pupils or their family members. line 3 do either of the following:
line 4 (1)  Collect information or documents regarding citizenship or line 5 immigration status of pupils or their family members. line 6 (2)  Allow an officer or employee of the United States line 7 Immigration and Customs Enforcement to enter a schoolsite for line 8 any purpose without providing valid identification, a written line 9 statement of purpose, and a valid judicial warrant, and receiving line 10 approval from the superintendent of the school district or their line 11 designee, the superintendent of the county office of education or line 12 their designee, or the principal of the charter school or their line 13 designee, as applicable.
line 14 (b)
line 15 (b)  (1)  If an officer or employee of the United States line 16 Immigration and Customs Enforcement meets the requirements line 17 set forth in paragraph (2) of subdivision (a), the local educational line 18 agency shall limit access to facilities where pupils are not present. line 19 (2)  The superintendent of a school district, the superintendent line 20 of a county office of education, and the principal of a charter line 21 school, as applicable, shall report to the respective governing board line 22 or body of the local educational agency in a timely manner any line 23 requests for information or access to a schoolsite by an officer or line 24 employee of a law enforcement agency for the purpose of enforcing line 25 the immigration laws in a manner that ensures the confidentiality line 26 and privacy of any potentially identifying information. line 27 (c)  If an employee of a school is aware that a pupil’s parent or line 28 guardian is not available to care for the pupil, the school shall first line 29 exhaust any parental instruction relating to the pupil’s care in the line 30 emergency contact information it has for the pupil to arrange for line 31 the pupil’s care. A school is encouraged to work with parents or line 32 guardians to update the emergency contact information and not to line 33 contact Child Protective Services to arrange for the pupil’s care line 34 unless the school is unable to arrange for care through the use of line 35 emergency contact information or other information or instructions line 36 provided by the parent or guardian.
line 37 (d)   The governing board or body of a local educational agency line 38 shall do both of the following:
line 39 (1)  Provide information to parents and guardians, as appropriate, line 40 regarding their children’s right to a free public education, regardless 99 AB 49 — 3 —

line 1 of immigration status or religious beliefs. This information shall line 2 include information relating to “know your rights” immigration line 3 enforcement established by the Attorney General and may be line 4 provided in the annual notification to parents and guardians line 5 pursuant to Section 48980 or any other cost-effective means line 6 determined by the local educational agency.
line 7 (2)  Educate pupils about the negative impact of bullying other line 8 pupils based on their actual or perceived immigration status or line 9 their religious beliefs and customs.
line 10 (e)   Nothing in this This section prohibits does not prohibit the line 11 governing board or body of a local educational agency from line 12 establishing stronger standards and protections. line 13 (f)  (1)  The Attorney General, by April 1, 2018, in consultation line 14 with the appropriate stakeholders, shall publish model policies line 15 limiting assistance with immigration enforcement at public schools, line 16 to the fullest extent possible consistent with federal and state law, line 17 and ensuring that public schools remain safe and accessible to all line 18 California residents, regardless of immigration status. The Attorney line 19 General shall, at a minimum, consider all of the following issues line 20 when developing the model policies:
line 21 (A)   Procedures related to requests for access to school grounds line 22 for purposes related to immigration enforcement. line 23 (B)  Procedures for local educational agency employees to notify line 24 the superintendent of the school district or his or her their designee, line 25 the superintendent of the county office of education or his or her line 26 their designee, or the principal of the charter school or his or her line 27 their designee, as applicable, if an individual requests or gains line 28 access to school grounds for purposes related to immigration line 29 enforcement.
line 30 (C)   Procedures for responding to requests for personal line 31 information about pupils or their family members for purposes of line 32 immigration enforcement.
line 33 (2)  Notwithstanding the rulemaking provisions of the line 34 Administrative Procedure Act (Chapter 3.5 (commencing with line 35 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 36 Code), the Department of Justice may implement, interpret, or line 37 make specific this section without taking any regulatory action. line 38 (g)  All local educational agencies shall adopt the model policies line 39 developed pursuant to subdivision (f), or equivalent policies, by line 40 July 1, 2018.
99 — 4 — AB 49

line 1 (h) For purposes of this section, “local educational agency” line 2 means a school district, county office of education, or charter line 3 school.
line 4 SEC. 2. Section 1596.7997 is added to the Health and Safety line 5 Code , immediately following Section 1596.7996, to read:
line 6 1596.7997. (a) Except as required by state or federal law or line 7 as required to administer a state or federally supported child care line 8 program, employees of a day care center shall not allow an officer line 9 or employee of the United States Immigration and Customs line 10 Enforcement to enter the site of the day care center for any purpose line 11 without providing valid identification, a written statement of line 12 purpose, and a valid judicial warrant, and receiving approval from line 13 the director of the day care center or their designee. line 14 (b) If an officer or employee of the United States Immigration line 15 and Customs Enforcement meets the requirements set forth in line 16 subdivision (a), the day care center shall limit access to facilities line 17 where children are not present.
line 18 SEC. 3. If the Commission on State Mandates determines that line 19 this act contains costs mandated by the state, reimbursement to line 20 local agencies and school districts for those costs shall be made line 21 pursuant to Part 7 (commencing with Section 17500) of Division line 22 4 of Title 2 of the Government Code.

O
99 AB 49 — 5 —

February 25, 2025
Honorable Al Muratsuchi
California State Assembly
1021 O Street, Room 5310
Sacramento, CA 95816
RE: AB 49 (Muratsuchi): School sites and day care centers: entry requirements: immigration enforcement – SUPPORT
Dear Assemblymember Muratsuchi:

On behalf of the City of Salinas, I write to express our support for your measure, Assembly Bill (AB) 49. This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of the United States Immigration and Customs Enforcement (ICE) to enter a school for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school.

Additionally, this bill extends protections to day care centers, prohibiting employees of day care centers from allowing ICE to enter for any purpose without providing a valid judicial warrant. We would also suggest that the bill extend to family childcare homes. Family childcare homes make up a majority of childcare not only in our area, but throughout the state. Therefore, including them ensures the intent of this bill is fully executed.

The City of Salinas recognizes its long and rich history of immigrants who have contributed to our local economy and become leaders in our community. We are a diverse city with foreign-born residents comprising over 38% of the City’s total population, and significant numbers of undocumented immigrants comprise our workforce in the agriculture, hospitality, and construction industries. The City of Salinas values a community where all residents—regardless of immigration status—can access vital services with confidence. Therefore, the City of Salinas wants to assure immigrants, refugees, and other newcomers opportunities for economic security, empowerment, and civic engagement, which are safe and free from discrimination, oppression, and violence, including safety to attend and work at our schools and to send children to daycare.

For these reasons, the City of Salinas supports Assembly Bill 49 and suggests that family childcare homes be included. We urge our state legislature to give this vital measure the passage it deserves. We appreciate your leadership on this important issue and look forward to the positive impact AB 49 will have on the families of Salinas and communities across California.

Sincerely,

Dennis Donohue, Mayor
City of Salinas
cc: City Council
City Manager
City Attorney

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-023, Version: 1
Conveyance Agreement Transferring 73 Acres in Carr Lake from the Big Sur Land Trust to the City of Salinas
Approve a Resolution authorizing the Mayor to execute a Conveyance Agreement between the Big Sur Land Trust and the City of Salinas to transfer approximately 73 acres identified as the Carr Lake Park Project/Ensen Park for the purpose of public park use and management.

City of Salinas Printed on 2/21/2025Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBURARY 25, 2025
DEPARTMENT: COMMUNITY DEVELOPMENT

LIBRARY AND COMMUNITY SERVICES

FROM: LISA BRINTON, DIRECTOR

KRISTAN LUNDQUIST, DIRECTOR

TITLE: CONVEYANCE AGREEMENT TRANSFERRING 73 ACRES IN

CARR LAKE FROM THE BIG SUR LAND TRUST AND THE CITY

OF SALINAS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Mayor to execute a Conveyance Agreement between the Big Sur Land Trust and the City of Salinas to transfer approximately 73 acres identified as the Carr Lake Park Project/Ensen Park for the purpose of public park use and management.

EXECUTIVE SUMMARY:

Since approximately 2008, the City and Big Sur Land Trust (BSLT) have been working toward the development of a park and open space area within Carr Lake (Carr Lake Park Project, or “Project”). Since 2017, BSLT has been planning, designing, permitting, and fundraising for a two- phase park project, with the goal of the entire 73 -acre property to be owned and managed by the City as a public park (Site Plan Review 2020-006). The Carr Lake Park Project site includes APNs 003-212-016, 261 -191-001, 261 -191-007, 003-212-007, 003 -212-015, and 003 -821-033. This Project aligns with the City's long -term vision, as the Project site is designated as a ‘Park’ in the 2002 Salinas General Plan and has a zoning designation of “Parks – Flood Overlay”. On March 19, 2024, the City Council authorized execution of a Memorandum of Understanding (MOU) between the City and BSLT to coordinate and memorialize the planning, development, ownership, and long-term management of the Carr Lake Park Project, now named Ensen Park (Attachment 4). Pursuant to the MOU, a Conveyance Agreement, has been drafted for consideration by the City Council. This report summarizes the terms and conditions of the Conveyance Agreement, provided as Exhibit “A” to the draft Resolution.

BACKGROUND:

Development of Carr Lake Park Project/Ensen Park
BSLT has actively engaged over 6,700 residents through various channels, including meetings, site tours, school field trips, and stewardship events. Community input was integrated into the design and naming of the Project as Ensen Park. Phase 1 includes the development of a six -acre Page | 2
neighborhood park with traditional park amenities such as restrooms, picnic tables, a skate spot, trails, parking lots, basketball courts, and a gazebo and/or playground. Phase 2 includes development of a sixty -seven-acre (67) open space area with restoration of creek and wetland habitat, planting, fencing, signage, and trail construction. Construction of Phase 1 began in spring of 2024 and is expected to open to the public in spring 2025, but no later than summer of 2025.

Phase 2 construction is expected to begin in spring of 2025 and to open to the public by spring of 2026. Final park designs are attached to this staff report (Attachment 2).

Pursuant to the MOU and State Coasta l Conservancy Grant BSLT received to undertake the Project, upon completion of Phase 1 improvements, the 6 -acre neighborhood park area, the residence commonly known as the “Front House” and the water well are to be conveyed to the City by BSLT for ongoing management, maintenance, and upkeep by March 2025. BSLT will convey the 67-acre restoration area including the structure commonly known as the “Back House” once Phase 2 is completed. While BSLT will oversee all construction costs and successful restoration of the open space area, the City will take on maintenance responsibilities for the remaining 67 acres of the Carr Lake Property after the Project is completed. BSLT will continue to manage vegetation and habitat, and handle required monitoring and reporting as outlined in the grant and permit agreements.

Conveyance Agreement Terms and Conditions
The Conveyance Agreement outlines the terms and conditions for the transfer by Grant Deed. The 73 acres will be transferred in phases for a purchase price of zero ($0.00) dollars. Upon transfer, the City will be responsible for future park maintenance. To address concerns for adequate funding to support the management and maintenance efforts, BSLT will work with the City and the community to investigate and develop funding mechanisms for long term maintenance of the park.

In addition, BSLT will work with the City and community to explore potential public -private partnership models such as the development of a supporting community-based organization (e.g., a “Friends of Carr Lake”) to assist with certain park maintenance and monitoring tasks or other activities as may be appropriate.

The State Coastal Conservancy Grant Agreement with the BSLT includes terms and conditions that are incorporated in the Conveyance Agreement to the City. Grant requirements include the following.

1. At the Phase 1 Closing, the Front House is to be permanently restricted for use as affordable housing, that the City will assume the residential lease with the current tenant, and that the current tenant be allowed to remain.

2. At Phase 1 Closing, BSLT will retain an easement for ingress and egress to undertake Phase 2 construction, restoration, maintenance, and management activities.

3. The use of the Back House is to be restricted to specific park related uses that are compliant with the purpose of State grants awarded for BSLT to acquire the Property.

In addition, t o facilitate required habitat management activities required by the g rant terms the Parties will enter into a mutually acceptable Restoration Area Habitat Management Agreement at or prior to the Phase Two Closing. Finally, BSLT will reserve (a) the right to hold BSLT events Page | 3
up to 4 times per year at Ensen Park upon coordination with and prior approval of CITY, (b) certain Naming Rights and (c) the right to install murals or art installations.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

Environmental impacts of the Carr Lake Park Project were analyzed in accordance with CEQA.

An Initial Study and Mitigated Negative Declaration (ISMND) adopted by the City Council on September 14, 2021, found that the Project will not have a significant effect on the environment.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes.

COMMITTEE AND COMMISSION REVIEW:

On January 8, 2025, the Library and Community Services (LCS) Commission receive d a report and presentation on the proposed conveyance and its terms and conditions. The LCS Commission voted unanimously to recommend to the City Council that i t approve the conveyance agreement between the City of Salinas and BSLT. See link to agenda item under Attachment 5.

Government Code Section 65402(a) requires a report to the planning agency (Plan ning Commission) as to the conformity of the property conveyance and any proposed future development to the General Plan prior to City Council consideration. A report on the conformity of the proposed acquisition of the Carr Lake Property to the General Plan was presented to the Planning Commission on January 15, 2025. The Planning Commission accepted staff’s report and established finding s supporting the conformity of the conveyance of Ensen Park to the 2002 Salinas General Plan. See link to agenda item under Attachment 6.

STRATEGIC PLAN INITIATIVE:

This action supports the Salinas City Council goals (2022-2025) of Economic Development, Infrastructure and Environmental Sustainability, and Youth and Seniors. Ensen Park and its improvements will provide recreational and educational resources serving Salinas residents and visitors. Phase 2 improvements further Infrastructure and Environmental Sustainability by restoring wetland and riparian fish and wildlife habitat , improving water quality and flood conveyance and capacity through the installation of green infrastructure.

DEPARTMENTAL COORDINATION:

The Library & Community Services Department coordinated with the City Attorney’s Office and the City Manager’s Office on the development of the MOU and the Conveyance Agreement. The Community Development facilitated the preparation and adoption of the Carr Lake Park Project ISMND, General Plan Amendment and Rezone (GPA 2020 -001 and RZ 2020 -001), Site Plan Review approval, and the issuance of Project building permits.

Page | 4
FISCAL AND SUSTAINABILITY IMPACT:

As outlined in the Conveyance Agreement there is no cost for transferring the land and improvements. The City will be responsible for the ongoing operations and management of the Neighborhood Park, Park Restoration and Open Space Area. Park Maintenance is a 7-day a week service and the team is currently maintaining 246.8 acres and will be assuming the maintenance of Ensen Community Park, an additional 7 acres before the end of the fiscal year for a total of 253.8 acres of core parkland. The national standard for park maintenance is 11 acres per FTE. With the addition of Ensen Community Park, our service level wi ll be 14.9 acres per FTE. We are also planning for the addition of another 66 acres when the Ensen Community Park Restoration area is complete, the renovation of Closter Park, improvements at Cesar Chavez Park and the new Hebbron Family Center by the end of the calendar year. Additional parkland and facilities require increased staffing levels to adequately maintain and care for the park system. It is critical that the City strive to increase staffing levels in order to meet the national standard. Staff has developed a staffing plan to forecast staffing needs through FY 30-31.

Additional Park Maintenance resources will be required to fund the operation and maintenance of an additional 73 acres of parkland. These costs will be phased in beginning with the FY 2025-26 Proposed Budget.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
n/a n/a n/a n/a n/a n/a n/a

ATTACHMENTS:

1. Draft Resolution
a. Exhibit “A” Draft Conveyance Agreement with Exhibits (Ensen Park Project, Salinas, California)

2. Final Design Ensen Park Phases 1 and 2

3. September 14, 2021: Resolution No. 22174 (N.C.S.) adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment 2020-001; and adoption of Ordinance No. 2648 (N.C.S.) for Rezone 2020-001
City of Salinas - File #: ID#21-381
https://salinas.legistar.com/LegislationDetail.aspx?ID=5092484&GUID=E11B71DD- 7CD9-4D76-8BAD-AFEE57A80E70&Options=&Search=

4. March 19, 2024: Resolution No. 22923 (N.C.S.) MOU Between the City of Salinas and Big Sur Land Trust for the Carr Lake Park Project
City of Salinas - File #: ID#24-140
https://salinas.legistar.com/LegislationDetail.aspx?ID=7082735&GUID=76614BA9- C9BA-46C3-A835-0FD607EA9185&Options=&Search=LCS January 8, 2025, Meeting Packet

5. Library and Community Services January 8, 2025, Meeting Packet Page | 5
City of Salinas - File #: ID#24-709
https://salinas.legistar.com/LegislationDetail.aspx?ID=7082735&GUID=76614BA9- C9BA-46C3-A835-0FD607EA9185&Options=&Search=

6. Planning Commission January 15, 2025, Meeting Packet City of Salinas - File #: ID#25-001
https://salinas.legistar.com/LegislationDetail.aspx?ID=7090785&GUID=1F749AFD- 19DD-4414-AC15-3CCCF24080E2&Options=&Search=

RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONVEYANCE

AGREEMENT BETWEEN THE BIG SUR LAND TRUST AND THE CITY OF SALINAS TO TRANSFER 73- ACRES IN CARR LAKE (APNs 003-212-016, 261-191-001, 261-191- 007, 003-212-007, 003-212-015, AND 003-821-033)

WHEREAS, since approximately 2008, the City of Salinas (City) and Big Sur Land Trust (BSLT) have been working toward the development of a park and open space area within Carr Lake (Carr Lake Park Project, or “Project”); and

WHEREAS, since 2017, BSLT has been planning, designing, permitting, and fundraising for a two-phase park project, with the goal of the entire 73-acre property to be owned and managed by the City as a public park; and

WHEREAS, the Carr Lake Park Project (Project) site includes APNs 003-212-016-000, 261- 191-001-000, 261-191-007-000, 003-212-007-000, 003-212-015-000, and 003-821-033-000; and

WHEREAS, on March 19, 2024, the City Council authorized execution of a Memorandum of Understanding (MOU) between the City and BSLT to coordinate and memorialize the planning, development, ownership, and long -term management of the Carr Lake Park Project, now named Ensen Park; and

WHEREAS, Phase 1 includes the development of a six-acre (6) neighborhood park with traditional park amenities such as restrooms, picnic tables, a skate spot, trails, parking lots, basketball courts, and a gazebo and/or playground; and

WHEREAS, Phase 2 includes development of a sixty-seven-acre (67) open space area with restoration of creek and wetland habitat, planting, fencing, signage, and trail construction; and

WHEREAS, pursuant to the MOU and State Coastal Conservancy Grant BSLT received to undertake the Project, upon completion of Phase 1 improvements, the 6-acre neighborhood park area, the residence commonly known as the “Front House” and the water well are to be conveyed to the City by BSLT for ongoing management, maintenance, and upkeep by March 2025; and

WHEREAS, the 67-acre restoration area including the structure commonly known as the “Back House” is to be conveyed upon completion of Phase 2 in spring of 2026; and

WHEREAS, pursuant to the MOU, a Conveyance Agreement, has been drafted for consideration by the City Council; and

WHEREAS, Government Code Section 65402(a) requires a report to the planning agency (Planning Commission) as to the conformity of the property acquisition and proposed future development to the General Plan prior to City Council consideration of any property acquisition; and

WHEREAS, on January 15, 2025 , the Planning Commission accepted staff’s report and established findings supporting the conformity of the conveyance of Ensen Park to the 2002 Salinas General Plan; and

WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

Environmental impacts of the Carr Lake Park Project were analyzed in accordance with CEQA. An Initial Study and Mitigated Negative Declaration (ISMND) adopted by the City Council on September 14, 2021, found that the Project will not have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the that the Salinas City Council authorized the Mayor to execute a Conveyance Agreement (Exhibit “A”) transferring approximately 73 acres identified as the Carr Lake Park Project/Ensen Park between the Big Sur Land Trust to the City of Salinas for the purpose of public park use and management.

PASSED AND APPROVED this 25th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Page 1 of 10 ends

Final Draft 2/13/25

CONVEYANCE AGREEMENT
(Ensen Park Project, Salinas, California)

This Conveyance Agreement (“Agreement”) is dated as of _________________, 20___ (“Effective Date”), and is being entered into by and between the CITY OF SALINAS, a California charter city and municipal corporation hereinafter referred to as “CITY”, and the BIG SUR LAND TRUST, a California nonprofit public benefit corporation, hereinafter referred to as “BSLT”, for the acquisition by CITY of certain real property described below (each individually a “Party” and collectively the “Parties”).

RECITALS

A. BSLT owns certain real property located in the City of Salinas, a part of the area co
mmonly known as Carr Lake, identified as APNs 003-212-016, 261-191-001, 261-191-007, 003-212- 007, 003-212-015, and 003- 821-033, consisting of the “Neighborhood Park Area” legally described in Exhibit A-1 and the “Restoration Area” legally described Exhibit A-2 (collectively referenced as the “Property”). The Property, improvements, and other features are depicted on the Map of Property attached as Exhibit B.

B. BSLT and CITY entered into a Memorandum of Understanding dated March 19, 2024, (“MOU”) coordinating and memorializing the planning, ownership and long-term management of the Ensen Park Project (formerly known as the Carr Lake Park Project) including BSLT’s phased conveyance to CITY of the Property and a park opening date within 30 days of conveyance of fee title to CITY. This Agreement is intended to be consistent with the terms of the MOU.

C. In the first of two phased conveyances contemplated in this Agreement BSLT will convey to CITY the Neighborhood Park Area including the “Park”, the residence commonly known as the “Front House” and the water “Well”. In the second of two phased conveyances BSLT will convey to CITY the Restoration Area including the structure commonly known as the “Back House”.

D. BSLT has authority to convey the Property and CITY to accept the Property pursuant to the City’s Charter and Resolution No. 5849 (N.C.S). The City Council, in approving this Agreement, finds and determines, among other things, that the Property is beneficial for municipal purposes and that the purchase of the Property pursuant to the terms of this Agreement will benefit the residents of the City and promote the health, safety, and welfare of such residents by providing an affordable residential housing unit, a community park and trails, a restored flood plain and wetlands habitat, climate change mitigation, and improved water quality which will prevent contaminants from flowing into Monterey Bay.

E. The City Council finds and determines that the purchase of the Property, as set forth in this Agreement, is in the best interests of the City.

NOW, THEREFORE, CITY and BSLT agree as follows;

1. Agreement to Convey. BSLT agrees to convey to CITY under Government Code Section 66428 and CITY agrees to acquire the Property from BSLT in two phases upon the terms and for the consideration set forth in this Agreement.

1.1. In the first of two phased conveyances BSLT will convey to CITY the Neighborhood Park Area including the Front House and Well at the close of escrow (“Phase One Closing”).

Page 2 of 10 ends

Final Draft 2/13/25

1.2. In the second of two phased conveyances BSLT will convey to CITY the Restoration Area including the Back House at the close of escrow (“Phase Two Closing”).

1.3. Government Code Section 66428 allows for the transfer of land (including fee interest, leasehold interest, easement or license) to or from a governmental agency without the necessity of a parcel map under the California Subdivision Map Act. Accordingly, the parties agree that no lot line adjustment or parcel map shall be a precondition of Closing.

2. Purchase Price. The purchase price of the Property is zero ($0.00). This Agreement, and performance of any covenant or condition contained herein, is not contingent upon CITY obtaining financing from any source.

3. Opening Escrow. To accomplish the acquisition and the transfer of the Property from BSLT to CITY, BSLT and CITY have established escrow number 2714-7211373 with the Carmel, California escrow office of First American Title Company, (the “Escrow Holder” or “Title Company”). The parties acknowledge having received a preliminary title report issued by Escrow Holder Order no. 2714-6914768 dated as of October 10, 2022 setting forth the exceptions to title as to the entire Property attached hereto as Exhibit C. CITY and BSLT shall execute and deliver written instructions to the Escrow Holder to accomplish the terms hereof, which instructions shall be consistent with this Agreement. An updated title report will be obtained for each phase of closing. For the Phase One Closing the Parties have received a preliminary title report (including hyperlinks for documents of record listed as exceptions) from Escrow Holder dated December 19, 2024 (“PTR for Phase One”) which is attached hereto as Exhibit K.

4. Close of Escrow; Conditions Precedent. The Close of Escrow for each phase of conveyance shall occur no later than seven (7) days after all conditions precedent set forth below have been satisfied for each phase. The following conditions precedent shall be established for each phase of conveyance:

4.1. BSLT shall have executed and delivered to CITY or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both CITY and Escrow Holder.

4.2. CITY shall have executed and delivered to BSLT or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both BSLT and Escrow Holder.

4.3. There shall exist no condition, event or act which would constitute a breach or default under this Agreement which upon the giving of notice or the passage of time, or both, would constitute such a breach or default.

4.4. All representations and warranties of the parties contained herein shall be true and correct as of the Close of Escrow.

4.5. Ad valorem taxes, if any, shall be prorated as of the date of conveyance of the Property from BSLT to CITY.

4.6. BSLT and CITY shall each pay half of the cost of title insurance, transfer tax, Escrow Holder document preparation, recordation fees, premiums of owners and lenders title insurance and the escrow fees of the Escrow Holder, if any, and any additional costs to close the escrow.

4.7. Any and all expenses incurred relating to inspecting the Property by CITY shall be borne by CITY.

Page 3 of 10 ends

Final Draft 2/13/25

5. Conveyance of Title and Possession. BSLT agrees to convey by Grant Deed (substantially the form shown on the attached Exhibit D and modified as appropriate for each phase) to CITY all of BSLT’s title and interest in and to the Neighborhood Park Area at the Phase One Closing, and all of BSLT’s title and interest in and to the Restoration Area at the Phase Two Closing, which together constitutes the entire Property. Possession of the Neighborhood Park Area shall be delivered to CITY at the Phase One Closing, and possession of the Restoration Area shall be delivered to CITY at the Phase Two Closing.

Notwithstanding anything to the contrary set forth herein, BSLT makes no representation or warranty re
garding title to the Property or the removal of any exceptions from title to the Property. Further, BSLT has no obligation to provide title to the Property clear of encumbrances and shall not incur any liability for title defects unless BSLT expressly agrees to remove one or more encumbrances pursuant to this Section; however, CITY shall not be obligated to accept title to the Property unless it is conveyed free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, taxes and other title or survey matters (“Exceptions”) other than matters which are acceptable to CITY, in CITY’s sole discretion, following CITY’s review of an updated title report to be provided by BSLT or Escrow Company (“Approved Exceptions”). Notwithstanding the foregoing the matters set forth below shall be deemed Approved Exceptions:

5.1. Exceptions for a lien for local real estate taxes and assessments not yet due or payable.

5.2. The standard preprinted exceptions and exclusions of the Title Company.

5.3. All those Exceptions set forth in the Preliminary Title Report, and in the PTR for Phase One, which includes without limitation the following:

5.3.1. Neighbor Road Easement referenced in MOU Section 5.3 which is being amended as described below in section 5.10 of this Agreement.

5.3.2. Amended HACM Easement referenced in MOU Section 5.4.

5.4. Grant Terms. Th
e Property is subject to the grant agreement terms and conditions which are required to fund and build the park project contained in the grant agreements set forth in Exhibit E, including without limitation, that the use of the Back House is restricted to specific park related uses that are compliant with the purpose of State grants awarded for BSLT to acquire the Property.

5.5. Permits. The permit terms, restrictions and conditions necessary to fund and build the park project as described in MOU Section 3.3.

5.6. BSLT Easement for R ight of Way and Habitat Management. At the Phase One Closing and Phase Two Closing BSLT will reserve and will receive a grant of an easement over, under, upon and across the Property for ingress and egress to and use of the Restoration Area for BSLT access, and all construction, restoration, maintenance and management activities in the Restoration Area as set forth in the Easements for Access and Right of Way for each phase attached as Exhibit F-1 and Exhibit F-2. To facilitate required habitat management activities required by the grant terms the Parties will enter into a mutually acceptable Restoration Area Habitat Management Agreement at or prior to the Phase Two Closing.

5.7. Miscellaneous BSLT Reserved Rights. P ursuant to the MOU and this Agreement BSLT will reserve certain rights including without limitation (a) the right to hold BSLT events up to 4 times per year upon coordination with and prior approval of CITY, (b) certain Naming Rights and (c) the right to install murals or art installations, all in accordance with MOU section 3.4(b) through (e) inclusive, and installation of certain signage as described in MOU section 5.5. These provisions will survive the Phase One and Phase Two Closings.

Page 4 of 10 ends

Final Draft 2/13/25

5.8. BSLT Well and Water Use Easement. A t Phase One Closing and the Phase Two Closing BSLT will reserve and will receive a grant of an easement over, under, upon and across the Property for ingress and egress to and use of the Well and water from the Well as set forth in the Well and Water Easements attached as Exhibit G-1 and Exhibit G-2.

5.9. Front House Af fordable Housing Restriction. The Front House is permanently restricted to use for affordable housing, which restriction runs with the land, as set forth in the State Coastal Conservancy Irrevocable Offer to Dedicate and Declaration of Restrictive Covenants recorded in the Official Records of Monterey County on 1/25/2017 as Document No. 2017004454, and as thereafter amended to allow for affordable housing on or before the Closing. CITY will record at the Phase One Closing a deed restriction in the form attached hereto as Exhibit H. Any modifications to zoning or other governmental requirements or entitlements necessary or desirable for the residential use of the Front House will be solely the responsibility and cost of CITY and will not be a precondition of Closing.

5.10. Fr
ont House Lease; Tenant to Remain in Possession. At Phase One Closing CITY shall take the Property subject to the rights of existing lessees/tenants, and will assume the Front House residential lease under the terms and conditions specified in the Assignment and Assumption Agreement in the form attached as Exhibit I. BSLT shall not make any changes to existing lease or tenancy or enter into any new agreements to lease or rent without notice to and approval of City.

5.11. Ne ighbor Right of Way Easement and Agreement to Amend. An Agreement to Amend Easement dated October 30, 2024, attached hereto as Exhibit J encumbers the Property and runs with the land. In accordance with said agreement the route of existing Neighbor Right of Way Easement will be amended and recorded upon the completion of certain conditions including without limitation the construction of a creek crossing. Following Closing CITY acknowledges and agrees said easement, as amended, will be binding on CITY, and the upkeep and maintenance of the Hospital Creek crossing and gates within the Restoration Area will be CITY’S responsibility, and CITY will comply with and perform the terms of said agreement including execution and recording of the Amended Easement upon satisfaction of the conditions.

6. Tit
le Insurance Policy. Escrow Holder shall, following recording of the Grant Deed, provide CITY with a standard owner’s CLTA (or extended coverage ALTA, at the request of CITY) policy of title insurance in the amount of $__________ for the Phase One Closing, and $____________ for the Phase Two Closing, each issued by the Title Company, together with any endorsements and additional coverage reasonably requested by CITY, showing fee simple title to each phase of the Property vested in CITY, subject only to the Approved Exceptions and the printed exceptions and stipulations in the policy. Title charges shall be evenly split by CITY and BSLT.

7. Condition of Property.

7.1. “As Is Purchase”. Prior to the Effective Date, CITY w as provided the opportunity to investigate the Property and has approved the physical condition thereof. CITY specifically acknowledges and agrees that BSLT is selling and CITY is acquiring the Property on an “AS IS WITH ALL FAULTS” basis and that CITY is not relying on any representations or warranties of any kind whatsoever, express or implied, from BSLT as to any matters concerning the Property, including without limitation (1) the quality, nature, adequacy, and physical condition of the property (including, without limitation, topography, climate, air, water rights, water, gas electricity, utility services, grading, drainage, sewers, access to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the

Page 5 of 10 ends

Final Draft 2/13/25
existence, quality, nature, adequacy, and physical condition of utilities serving the Property; (4) the development potential of the Property, and its use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose; (5) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, and restrictions of any governmental or quasi- governmental entity or of any other person or entity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining and neighboring Property; and (8) the condition of title to the Property.

CITY affirms that it has not relied on the skill or the judgment of BSLT or any of its respective agents, employees or contractors to select or furnish the Property for any particular purpose, and that BSLT makes no warranty that the Property it fit for any particular purpose. CITY acknowledges that it shall use its independent judgment and make its own determination as to the scope and the breadth of its due diligence investigation which investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in an area which is designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity). CITY undertakes and assumes all risks associated with all matters pertaining to the Property location in any area designated as a special flood hazard area, dam inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity.

7.2. Survival.

The terms and the conditions of this section 7 shall expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or any other closing documents and shall be deemed to be incorporated by reference into the Grant Deed. BSLT is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The CITY acknowledges that the Purchase Price reflects the “as is” nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Property. CITY has fully reviewed the disclaimers and waivers set forth in this Agreement with CITY’s counsel and understands the significance and effect thereof.

7.3. Acknowledgement. CITY
acknowledges and agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this section are “conspicuous” disclaimers for purposes of all applicable laws and other legal requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the Purchase Price has been adjusted to reflect the same and that BSLT would not have agreed to sell the Property to CITY for the Purchase Price without the disclaimers and other agreements set forth in this section.

7.4. CITY’s Release of BSLT.

CITY, on behalf of itself and anyone claiming by, through or under CITY, hereby waives its right to recover from and fully and irrevocable releases BSLT and its representatives and agents (“Released Parties”) from any and all claims, responsibility and/or liability that CITY may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, (ii) any presence of Hazardous Materials (as hereinafter defined), and (iii) any information furnished by the Released Parties under or in connection with this Agreement.

Page 6 of 10 ends

Final Draft 2/13/25

7.5. Scope of Release. The release set forth in section 7.3 hereof includes claims of which B SLT is presently unaware or which BSLT does not presently suspect to exist which, if known by BSLT, would materially affect BSLT’s release of the Released Parties. CITY specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, CITY agrees, represents and warrants that CITY realizes and acknowledges that factual matters now unknown to CITY may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and CITY further agrees, represents, and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that CITY nevertheless hereby intends to release, discharge, and acquit BSLT from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses. Accordingly, CITY, on behalf of itself and anyone claiming by, through or under CITY, hereby assumes the above-mentioned risks and hereby expressly waives any right CITY or anyone claiming by, through or under CITY, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to ex
ist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor.” CITY Initials ______________
Notwithstanding the foregoing, this release shall not apply to, nor shall BSLT be released from, BSLT’s actual fraud or misrepresentation.

8. Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.

8.1. Compliance with Laws. CITY hereby covenants and agrees to comply with all Hazardous Materials laws applicable to it.

8.2. Indemnity. Without limiting the generality of the indemnification set forth elsewhere in this Agreement, CITY hereby agrees to indemnify, protect, and hold harmless BSLT from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement

Page 7 of 10 ends

Final Draft 2/13/25
actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorney fees and expenses), arising directly or indirectly, in whole or in part, out of the failure of CITY or any other person or entity to comply with the Hazardous Materials laws. The foregoing indemnity shall further apply to any residual contamination on or under the Property, including but not limited to the presence of lead-based paint or asbestos, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal or any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials laws. The provisions of this subsection shall survive expiration or termination of this Agreement, and shall remain in full force and effect.

8.3. No Limitation. CITY hereby acknowledges and agrees that CITY’s duties, obligations, and liabilities under this Agreement, including, without limitation, under sections 8.1 and 8.2 above, are in no way limited or otherwise affected by any information BSLT may have concerning the Property and/or the presence within the Property of any Hazardous Materials, whether BSLT obtained such information from CITY or from its own investigations.

9. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement.

10. Provision Not Merged with Deeds. Unless otherwise specifically set forth herein, none of the provisions of this Agreement are intended to or shall be merged by any grant deed transferring title to any real property which is the subject of this Agreement from BSLT to CITY or any successor in interest, and any such grant deed shall not be deemed to affect or to impair the provisions and the covenants of this Agreement.

11. Brokers. BSLT and CITY each represent to the other than no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from any against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.

12. Waiver, Consent, and Remedies. Each provision of this Agreement to be performed by CITY and BSLT shall be deemed both a covenant and a condition and shall be a material consideration for BSLT’s and CITY’s performance hereunder, as appropriate, and any breach thereof by CITY or BSLT shall be deemed a material default hereunder by such breaching party. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants,

Page 8 of 10 ends

Final Draft 2/13/25
conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.

13. Attorney’s Fees. In the event any declaratory or other legal or equitable action is instituted between BSLT, CITY and/or Escrow Holder in connection with this Agreement then, as between CITY and BSLT, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

14. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:

If to CITY:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to BSLT:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

15. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

16. Entire Agreement. This Agreement, the Recitals herein, and attachments hereto, the MOU and other agreements between the Parties referenced herein, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

17. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

18. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

19. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument.

Page 9 of 10 ends

Final Draft 2/13/25

20. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

21. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by CITY and BSLT.

22. Time of Essence. Time is of the essence of each provision of this Agreement.

23. Survival. All agreements, representations and warranties contained herein shall survive the Closing.

24. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the parties, and the heirs, executors, administrators, assigns and successors of the parties hereof.

25. Parties not Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers or principal and agent with one another.

26. Action by the City. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver or other action by the City is required or permitted under this Agreement, such action may be given, made or taken by the City Manager or by any person who shall have been designated in writing to CITY by the City Manager without further approval by the City Council. Any such action shall be in writing.

27. Exhibits. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. The following exhibits are attached to this Agreement:

Exhibit A-1: Legal Description of Neighborhood Park Area Exhibit A-2: Legal Description of Restoration Area
Exhibit B: Map of Property
Exhibit C: Preliminary Title Report for Entire Property Exhibit D: Form of Grant Deed
Exhibit E: Grant Requirements and Restrictions
Exhibit F-1: Form of BSLT Easement for Access and Right of Way for Phase One Exhibit F-2: Form of BSLT Easement for Access and Right of Way for Phase Two Exhibit G-1: Form of BSLT Well and Water Easement for Phase One Exhibit G-2 Form of BSLT Well and Water Easement for Phase Two Exhibit H: Form of City Deed Restriction
Exhibit I: Form of Assignment and Assumption Agreement Exhibit J: Agreement to Amend Easement
Exhibit K: Preliminary Title Report for Phase One

[Signatures follow]

Page 10 of 10 ends

Final Draft 2/13/25

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY:

CITY OF SALINAS

_______________________________, Mayor

APPROVED AS TO FORM:

_______________________________
Christopher A. Callihan, City Attorney

BSLT:

BIG SUR LAND TRUST,
a California nonprofit public benefit corporation

By: ____________________________

Name: __________________________

Title: ___________________________

Exhibit A1
Sheet 1 of 4
EXHIBIT “A1”

LEGAL DESCRIPTION

PARK PARCEL
Certain real property situate in the City of Salinas, County of Monterey, State of California, described as follows:
“PARCEL III” and a portion of “PARCEL I” as described in the grant deed recorded January 25, 2017, as document number 2017004453, of the Official Records of said County, more particularly described as follows:

Beginning at the most westerly corner of said PARCEL I; thence along the common line of the westerly boundary of said PARCEL I and the easterly boundary of the land conveyed to the City of Salinas by the deed recorded November 15, 1972, in Reel 810, Page 3, of the Official Records of Monterey County; thence
1) North 27°41'54" East (North 27°36'45" East, per said deed recorded in Reel 810, page 3), 1,156.85 feet; thence
2) North 29°39'14" East (North 27°34'05" East, per said deed recorded in Reel 810, page 3), 205.13 feet; thence
3) North 27°41'55" East, 82.88 feet (North 27°36'45" East, 83.21 feet, per said deed recorded in Reel 810, page 3), more or less, to a railroad spike at the most westerly corner of said PARCEL III; thence along the boundary of said PARCEL III 4) North 27°42'00" East, 21.09 feet to the most northerly corner of said PARCEL III; thence 5) South 80°46'00" East, 145.00 feet to a 3/4-inch iron pipe tagged “LS 3376” at the northeasterly corner of said PARCEL III; thence
6) South 09°14'00" West, 20.00 feet to a 3/4-inch iron pipe at the southeasterly corner of said PARCEL III and a point on the northerly boundary of said PARCEL I; thence along the boundary of said PARCEL I
7) South 80°46'00" East, 281.19 feet; thence
8) South 07°19'00" East, 30.00 feet, at 25.56 feet, joining the southwesterly boundary of PARCEL II, as described in said grant deed recorded January 25, 2017, as document number 2017004453; thence along the common line of said PARCEL I and PARCEL II; thence
9) South 67°32'00" East, 39.37 feet; thence departing said common line 10) South 18°11'22" West, 159.78 feet; thence
Exhibit A1
Sheet 2 of 4
11) Southwesterly 95.94 feet along the arc of a tangent curve to the right having a radius of

78.00 feet, through a central angle of 70°28'32"; thence 12) Southwesterly 214.00 feet along a reverse curve to the left having a radius of 194.00 feet, through a central angle of 63°12'14"; thence
13) Southwesterly 189.04 feet along a reverse curve to the right having a radius of 216.00 feet, through a central angle of 50°08'42"; thence
14) Southwesterly 292.23 feet along the arc of a non-tangent curve to the left having a radius of 332.53 feet (a radial bearing to the center point of said curve bears South 14°20'33" East), through a central angle of 50°21'09"; thence 15) Southwesterly 209.35 feet along the arc of a non-tangent curve to the right having a radius of 310.58 feet (a radial bearing to the center point of said curve bears North 63°12'14" West), through a central angle of 38°37'15"; thence 16) Southwesterly 272.41 feet along a reverse curve to the left having a radius of 289.42 feet, through a central angle of 53°55'42"; thence
17) Southwesterly 166.42 feet along a reverse curve to the right having a radius of 210.58 feet, through a central angle of 45°16'49"; thence
18) Southwesterly 33.66 feet along a reverse curve to the left having a radius of 89.42 feet, through a central angle of 21°34'02"; thence
19) South 35°12'07" West, 50.03 feet to a point on the southerly boundary of said PARCEL I; thence along said southerly boundary; thence
20) South 85°26'00" West, 37.84 feet to the POINT OF BEGINNING.

Containing 7.90 acres, more or less.

As shown on the plat attached hereto and made a part hereof.

END OF DESCRIPTION
PREPARED BY:

WHITSON ENGINEERS
___________ ___________________ _December 17, 2024__
RICHARD P. WEBER P.L.S.

L.S. NO. 8002
Job No.: 3806.00

SHERWOOD DR.

SHERWOOD PL.

Gabilan Creek
Gabilan Creek
Natividad Creek
Reclamation Canal
LA POSADA DR.

Reclamation Canal
SHERWOOD PL.

PROJECT No.:

T:\Monterey Projects\3806 - Carr Lake Water Treament\SURVEY\LEGAL DESC\2024-1107 Restoration Area and Xfer to Salinas\3806-PARK PARCEL PLAT.dwg Civil Engineering +
Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
3806

PLAT TO ACCOMPANY LEGAL DESCRIPTION

IN THE RANCHO EL SAUSAL
A PORTION OF PARCEL I, DOCUMENT 2017004453
CITY OF SALINAS, MONTEREY COUNTY, CA. DECEMBER 2024

PARK PARCEL
EI N E
S
ONW
E
N
I TH S
G R
EXHIBIT A1
SHEET 3 OF 4
DETAIL A, SCALE: 1"=40'
SEE SHEET 4

FOR COURSE TABLE
LA POSADA DR.

PROJECT No.:

PLAT TO ACCOMPANY LEGAL DESCRIPTION

IN THE RANCHO EL SAUSAL
A PORTION OF PARCEL I, DOCUMENT 2017004453
CITY OF SALINAS, MONTEREY COUNTY, CA. DECEMBER 2024

PARK PARCEL
EXHIBIT A1
SHEET 4 OF 4
DETAIL B, SCALE: 1"=40'
FOUND MONUMENTS NOTED IN VOLUME 20, SURVEYS, PAGE
11, RECORDS OF MONTEREY COUNTY
EI N E
S
ONW
E
N
I TH S
G R
Exhibit A2
Sheet 1 of 5
EXHIBIT “A2”

LEGAL DESCRIPTION

RESTORATION AREA
Certain real property situate in the City of Salinas, County of Monterey, State of California, described as follows:

A portion “PARCEL I” together with a portion of “PARCEL II” as described in that grant deed recorded January 25, 2017, as document number 2017004453, Official Records of Monterey County, California, more particularly described as follows:

Beginning at a point on the southerly line of said PARCEL I described in said document as North 85°26’ East, 1704.3 feet, said point of beginning being distant North 85°26’ East, 37.84 feet from the most westerly corner of said PARCEL I; (said westerly corner being also the southeasterly corner of the land conveyed to City of Salinas by deed recorded November 15, 1972 in Reel 810, Page 3, Official Records of Monterey County) thence from the POINT OF

BEGINNING

1. Nor
th 85°26’00” East, 1652.27 feet to station in a drainage canal, known as Gabilan Creek lateral drainage canal, and 30-foot right of way for the same of Reclamation District No. 1665; thence along said drainage canal and right of way

2. South 14°30'00” West, 550.00 feet to station in the southern boundary of the 163.58 acre Ikeda tract described in Volume 174 Official Records at page 468, at the corner of courses and distances numbers 3 and 4 of the description thereof; thence along a drainage ditch known as Natividad Creek lateral drainage ditch, and its 30-foot right of way of Reclamation District No. 1665, and the southerly boundary of the said 163.58 acre Ikeda tract

3. N orth 72°27'00” East, 841.70 feet; thence leaving said drainage canal, and right of way and southern boundary of said 163.58 acre Ikeda tract

4. N orth 5°28'00” East, 1320.40 feet to the center of Gabilan Creek lateral drainage canal and the center of a 30-foot right of way for drainage purposes, of Reclamation District No. 1665; thence along the center of said drainage canal and right of way, and along the northerly line of said PARCEL I

5. S outh 71°50'00” West, 301.70 feet; thence

6. South 73°12’00” West, 260.70 feet to a point on the easterly boundary of said PARCEL II; thence along said easterly boundary

7. North 75°05’00” West, 8.10 feet; thence

8. North 15°03’00” East, 1398.87 feet to the northeasterly corner of PARCEL II, said corner being also the most southerly corner of that real property described in Volume 1223 Official Records of Monterey County at Page 165; thence along the northerly boundary of said PARCEL II

9. North 48°55’50” West, 96.04 feet, more or less (listed as 95.42 feet in Volume 1223 Official Records of Monterey County at Page 165) to the most northerly corner of said PARCEL II; thence along the northwesterly boundary of said PARCEL II Exhibit A2
Sheet 2 of 5

10. Sou
th 52°24’00” West, 34.06 feet; thence

11. South 34°48’00” West, 136.10 feet (listed as 135.1 feet in said Document 2017004453); thence

12. South 35°14’00” West, 180.80 feet; thence

13. South 45°46’00” West, 200.70 feet; thence

14. South 49°35’00” West, 364.60 feet; thence

15. South 41°19’00” West, 384.90 feet to the locus of 4 x 4 survey post marked L7, C, HDP; thence

16. South 41°19’00” West, 50.23 feet; thence

17. South 43°12’00” East, 20.10 feet; thence

18. South 41°27’00” West, 317.20 feet to a point on the northerly boundary of said PARCEL I; thence along the common boundary between said PARCEL I and said PARCEL II

19. South 7°19’00” East, 4.44 feet; thence

20. South 67°32’00” East, 39.37 feet; thence departing said boundary between PARCEL I and PARCEL II

21. South 18°11’22” West, 159.78 feet; thence

22. Along a tangent curve to the right; having a radius of 78.00 feet, through a central angle of 70°28’32” for an arc distance of 95.94 feet; thence

23. Along a reverse curve to the left, having a radius of 194.00 feet; through a central angle of 63°12’14” for an arc distance of 214.00 feet; thence

24. Along a reverse curve to the right, having a radius of 216.00 feet, through a central angle of 50°08’42”, for an arc distance of 189.04 feet; thence

25. Along a non tangent curve to the left of which the radius point lies South 14°20’33” East, a radial distance of 332.53 feet, through a central angle of 50°21’09” for an arc distance or 292.23 feet; thence

26. Along a non tangent curve to the right of which the radius point lies North 63°12’14” West, a radial distance of 310.58 feet, through a central angle of 38°37’15” for an arc distance of 209.35 feet; thence

27. Along a reverse curve to the left, having a radius of 289.42 feet, through a central angle of 53°55’42” for an arc distance of 272.41 feet; thence

28. Along a reverse curve to the right, having a radius of 210.58 feet, through a central angle of 45°16’49” for an arc distance of 166.42 feet; thence

29. Along a reverse curve to the right, having a radius of 89.42 feet, through a central angle of 21°34’02” for an arc distance of 33.66 feet; thence

30. South 35°12’07” West, 50.03 feet, more or less, to the southerly boundary of PARCEL I and the POINT OF BEGINNING.

Cont
aining an area of 64.5 acres, more or less.

As
shown on the plat attached hereto and made a part hereof.

END

OF DESCRIPTION
Exhibit A2
Sheet 3 of 5
PREPARED BY:

WHITSON ENGINEERS
___________ _________
__________ _November 19, 2024__
RICHARD P. WEBER P.L.S.

L.S. NO. 8002
Job No.: 3806.00

SHERWOOD DR.

SHERWOOD PL.

Gabilan Creek
Gabilan Creek
Natividad Creek
Reclamation Canal
LA POSADA DR.

Reclamation Canal
PROJECT No.:

T:\Monterey Projects\3806 - Carr Lake Water Treament\SURVEY\LEGAL DESC\2024-1107 Restoration Area\3806-RESTORATION PLAT.dwg Civil Engineering +
Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
3806

PLAT TO ACCOMPANY LEGAL DESCRIPTION

IN THE RANCHO EL SAUSAL
A PORTION OF PARCELS I AND II, DOCUMENT 2017004453
CITY OF SALINAS, MONTEREY COUNTY, CA. NOVEMBER 2024

RESTORATION AREA
EI N E
S
ONW
E
N
I TH S
G R
EXHIBIT A2
SHEET 4 OF 5

DETAIL A
SCALE: 1"=40'
SEE SHEET 5

FOR COURSE TABLE
PROJECT No.:

PLAT TO ACCOMPANY LEGAL DESCRIPTION

IN THE RANCHO EL SAUSAL
A PORTION OF PARCELS I AND II, DOCUMENT 2017004453
CITY OF SALINAS, MONTEREY COUNTY, CA. NOVEMBER 2024

RESORATION AREA
EXHIBIT A2
SHEET 5 OF 5

Exhibit B: Map of property

CLTA Preliminary Report Form Order Number: 2714-6914768 (Rev. 11/06) Page Number: 1
First American Title

Page 1 of 18 ends

First American Title Company
7th Ave, Btw San Carlos & Mission, PO Box 2177
Carmel, CA 93921
California Department of Insurance License No. 151
Escrow Officer: Nicole McManus
Phone: (831)293-5152
Fax No.: (866)493-5436
E-Mail: [email protected]
E-Mail Loan Documents to: Lenders please contact the Escrow Officer for email address for sending loan documents.

Buyer: TBD
Owner: The Big Sur Land Trust
Property: Sherwood Drive
Salinas, CA

PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached.

The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Exhibit C: Preliminary Title Report, Entire Property
Order Number: 2714-6914768
Page Number: 2
First American Title

Page 2 of 18 ends

Dated as of October 10, 2022 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is:

To Be Determined
A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

THE BIG SUR LAND TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORTION The estate or interest in the land hereinafter described or referred to covered by this Report is:

FEE AS TO PARCELS ONE, TWO AND THREE, EASEMENT AS TO PARCEL FOUR The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:

1. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,567.09, OPEN
Penalty: $0.00
Second Installment: $1,567.09, OPEN
Penalty: $0.00
Tax Rate Area: 005033
A. P. No.: 261-191-007-000
(Affects PORTION OF PARCEL ONE)

2. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $2,390.71, OPEN
Penalty: $0.00
Second Installment: $2,390.71, OPEN
Penalty: $0.00
Tax Rate Area: 005033
A. P. No.: 261-191-001-000
(Affects PARCEL TWO)

Order Number: 2714-6914768
Page Number: 3

First American Title

Page 3 of 18 ends

3. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $9.79, OPEN
Penalty: $0.00
Second Installment: $9.79, OPEN
Penalty: $0.00
Tax Rate Area: 005015
A. P. No.: 003-821-033-000

(Affects PARCEL THREE)

4. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,517.93, OPEN
Penalty: $0.00
Second Installment: $1,517.93, OPEN
Penalty: $0.00
Tax Rate Area: 005015
A. P. No.: 003-212-015-000

(Affects PORTION OF PARCEL ONE)

5. General and special taxes and assessments for the fiscal year 2022-2023.

First Installment: $1,000.18, OPEN
Penalty: $0.00
Second Installment: $1,000.18, OPEN
Penalty: $0.00
Tax Rate Area: 005033
A. P. No.: 003-212-007-000

(Affects PORTION OF PARCEL ONE)

6. General and special
taxes and assessments for the fiscal year 2022-2023.

First Installment: $4,809.51, OPEN
Penalty: $0.00
Second Installment: $4,809.51, OPEN
Penalty: $0.00
Tax Rate Area: 005015
A. P. No.: 003-212-016-000

(Affects PORTION OF PARCEL ONE)

7. The Land lies within the boundaries of proposed community facilities District No. 2014-1, as disclosed by a map filed MARCH 18, 2016 in BOOK 5, PAGE 15 of maps of assessment and community facilities districts.

8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

Order Number: 2714-6914768
Page Number: 4

First American Title

Page 4 of 18 ends

9. Any unpaid amounts for due or delinquent utilities owed to, or resultant liens in favor of Monterey One Water.

Contact Monterey One Water at phone number 831-645-4631 or fax number 831-372-6178.

10. An easement for CANAL OR DITCH and incidental purposes, recorded MARCH 02, 1918 in Book 156 of Deeds, Page 211.

In Favor of: RECLAMATION DISTRICT NUMBER 1665
Affects: AS DESCRIBED THEREIN

11. The terms and provisions contained in the document entitled AGREEMENT recorded APRIL 27, 1926 as BOOK 84, PAGE 42
of Official Records.

12. An easement for POLES, WIRE LINES and incidental purposes, recorded MAY 10, 1926 as BOOK 84, PAGE 132 of Official Records.

In Favor of: SIERRA AND SAN FRANCISCO POWER COMPANY
Affects: PARCEL ONE, AS DESCRIBED THEREIN

13. An easement for ROAD and incidental purposes, recorded FEBRUARY 06, 1939 as BOOK 606, PAGE 20 of Official Records.

In Favor of: STERLING D. CARR ET AL
Affects: PARCEL ONE, AS DESCRIBED THEREIN

14. An easement for RIGHT OF WAY FOR ROAD and incidental purposes, recorded JUNE 19, 1942 as BOOK 767, PAGE 391 of Official Records.

In Favor of: TOSHI HANAZONO
Affects: PARCEL THREE, AS DESCRIBED THEREIN

15. An easement for ROAD and incidental purposes, recorded AUGUST 04, 1961 as BOOK 2171, PAGE 51 of Official Records.

In Favor of: ATSUKO OBATA ET AL
Affects: PARCEL ONE, AS DESCRIBED THEREIN

16. An easement for PERPETUAL EASEMENT FOR ROADWAY SLOPE and incidental purposes, recorded NOVEMBER 15, 1972 as BOOK 810, PAGE 3 of Official Records.

In Favor of: SALINAS, A MUNICIPAL CORPORATION
Affects: PARCEL ONE, AS DESCRIBED THEREIN

17. An easement for PUBLIC UTILITIES and incidental purposes, recorded JANUARY 16, 1987 as BOOK 2051, PAGE 922 of Official Records.

In Favor of: PACIFIC BELL, A CORPORATION
Affects: PARCEL THREE, AS DESCRIBED THEREIN

18. An easement for PUBLIC UTILITIES and incidental purposes, recorded FEBRUARY 01, 1988 as BOOK 2193, PAGE 1126 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: PARCEL ONE, AS DESCRIBED THEREIN

Order Number: 2714-6914768
Page Number: 5

First American Title

Page 5 of 18 ends

19. An easement for PUBLIC UTILITIES and incidental purposes, recorded MARCH 24, 1988 as BOOK 2209, PAGE 887 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: PARCEL THREE, AS DESCRIBED THEREIN

20. An easement for PRIVATE RIGHT OF WAY FOR INGRESS AND EGRESS, 20 FEET WIDE and incidental purposes, recorded APRIL 30, 1997 as BOOK 3512, PAGE 540 of Official Records.

In Favor of: GEORGE A. COMEAU AND LUCILLE D. COMEAU
Affects: PARCEL THREE, AS DESCRIBED THEREIN

21. The terms and provisions contained in the document entitled IRREVOCABLE OFFER TO DEDICATE

TITLE IN FEE AND DECLARATION OF RESTRICTIVE COVENANTS
recorded JANUARY 25, 2017
as INSTRUMENT NO. 2017004454 of Official Records.

22. The terms and provisions contained in the document entitled MEMORANDUM OF UNRECORDED GRANT AGREEMENT recorded JANUARY 25, 2017 as INSTRUMENT NO. 2017004455 of Official Records.
(Affects PORTION OF PARCEL ONE)

23. The terms and provisions contained in the document entitled DEED RESTRICTION recorded MAY 06, 2022 as INSTRUMENT NO. 2022021610 of Official Records.
(Affects PORTION OF PARCEL ONE)

24. The Terms, Provisions and Easement(s) contained in the document entitled AMENDED EASEMENT DEED AND AGREEMENT recorded MAY 06, 2022 as INSTRUMENT NO. 2022021611 of Official Records.

25. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property.

26. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws.

Consideration for the deletion of this exception is highly fact intensive. Please contact the underwriter assigned to your file as soon as possible to discuss.

27. An ALTA/NSPS survey of recent date which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys.

28. Rights of the public in and to that portion of the land lying within ANY STREET, ROAD, ALLEY

AND/OR HIGHWAY
.

29. Water rights, claims or title to water, whether or not shown by the Public Records.

30. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.

Order Number: 2714-6914768
Page Number: 6

First American Title

Page 6 of 18 ends

31. Rights of parties in possession.

Order Number: 2714-6914768
Page Number: 7

First American Title

Page 7 of 18 ends

INFORMATIONAL NOTES

Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.

1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 618 SHERWOOD DRIVE, SALINAS, CALIFORNIA.
(Affects PARCELS ONE AND TWO)

2. The property covered by this report is vacant land.
(Affects PARCEL THREE)

3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:

None

4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.

The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

Order Number: 2714-6914768
Page Number: 8

First American Title

Page 8 of 18 ends

LEGAL DESCRIPTION

Real property in the City of Salinas, County of Monterey, State of California, described as follows:

PARCEL ONE: (APN'S: 003-212-016-000; 003-212-015-000; 003-212-007-000 AND 261-191-007-000)

A PORTION OF THE RANCHO EL SAUSAL, MONTEREY COUNTY, CALIF., BEING PART OF THAT CERTAIN 163.58 ACRE TRACT CONVEYED BY FLORENCE T. DYE AND CLARKSON DYE TO SHIZUO IKEDA AND MITSUO IKEDA, BY DEED DATED DECEMBER 24, 1928, RECORDED JANUARY 14, 1929 IN VOLUME 174 OFFICIAL RECORDS AT PAGE 468 THEREIN, MONTEREY COUNTY RECORDS, CALIF, AND FURTHER BEING A PORTION OF LOT C AS SHOWN AND SO DESIGNATED ON MAP ENTITLED, "PARTITION MAP NO. 2" SHOWING PORTIONS OF THE SAUSAL AND EL ALISAL RANCHOS, BELONGING TO THE ESTATE OF JESSIE D. CARR", SURVEYED BY LOU G. HARE, 1905, 1906, A COPY OF WHICH MAP WAS RECORDED IN MAP BOOK ONE OF SURVEYED AT PAGE 70 THEREOF IN THE OFFICE OF THE COUNTY RECORDER OF MONTEREY COUNTY, CALIF., AND BEING PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:

COMMENCING AT A 4 X 4 SURVEY POST MARKED C,D,CR, HDP, STANDING IN THE CENTER OF THE OLD

CARR DIVERTING CANAL, ON THE SOUTHEASTERLY SIDE OF THE COUNTY ROAD, LEADING FROM

SALINAS TO NATIVIDAD (SOMETIMES CALLED CALIFORNIA AVENUE) AND FROM WHICH POINT OF BEGINNING A 4 X 4 SURVEY POST MARKED 16,29, STANDING AT THE INTERSECTION OF COURSES AND DISTANCES 16 AND 29, AS THE SAME ARE SHOWN ON SAID "PARTITION MAP NO. 2", BEARS N. 27° 42' E., 346.2 DISTANT, THENCE FOLLOWING THE SOUTHEASTERLY SIDE OF SAID 60 FOOT

COUNTY ROAD, TOWARDS SALINAS,

(1) S. 27° 42' W., 1446.3 FEET, AT 568.3 FEET A 4 X 4 SURVEY POST MARKED CITY LIMITS, L.G.H.,

STANDING AT THE INTERSECTION OF THIS LINE WITH THE NORTHERN BOUNDARY OF SALINAS (COURSE OF SAID BOUNDARY LINE OF SALINAS BEING N. 80° 30' E.) 1446.3 FEET TO A 4 X 4 SURVEY

POST MARKED LA, LB, HDP, AND FROM WHICH THE MOST WESTERN CORNER OF THE SAID IKEDA 163.58 ACRE TRACT BEARS S. 27° 42' W., 1149.6 FEET DISTANT, THENCE LEAVING THE

SOUTHEASTERN SIDE OF CALIFORNIA AVENUE AND RUNNING

(2) N. 85° 26' E., 1704.3 FEET TO STATION IN A DRAINAGE CANAL, KNOWN AS GABILAN CREEK LATERAL DRAINAGE CANAL, AND 30 FOOT RIGHT OF WAY FOR THE SAME OF RECLAMATION DISTRICT NO. 1665, THENCE ALONG SAID DRAINAGE CANAL AND RIGHT OF WAY

(3) S. 14° 30' W., 550 FEET TO STATION IN THE SOUTHERN BOUNDARY OF THE SAID IKEDA 163.58 ACRE TRACT, AT CORNER OF COURSES AND DISTANCES NOS. 3 AND 4 OF THE DESCRIPTION

THEREOF, THENCE ALONG A DRAINAGE DITCH KNOWN AS NATIVIDAD CREEK LATERAL DRAINAGE DITCH, AND ITS 30 FOOT RIGHT OF WAY OF RECLAMATION DISTRICT NO. 1665, AND THE SOUTHERLY BOUNDARY OF THE SAID IKEDA 163.58 ACRE TRACT,

(4) N. 72° 27' E., 841.7 FEET TO STATION, THENCE LEAVE SAID DRAINAGE CANAL, AND RIGHT OF WAY AND SOUTHERN BOUNDARY OF IKEDA 163.58 ACRE TRACT, AND RUNNING

(5) N. 5° 28' E., 1320.4 FEET, AT 10.7 FEET A 4 X 4 SURVEY POST MARKED IC,LE,WP,HDP, STANDING ON NORTH SIDE OF DRAINAGE CANAL, AT 660.2 FEET A 4 X 4 SURVEY POST, STANDING ON LINE, MARKED LC„LD,LE,HDP, AT 1304 FEET A 4 X 4 SURVEY POST MARKED LC,LD,WP,HDP, STANDING ON THE SOUTHERN SIDE OF GABILAN CREEK LATERAL DRAINAGE CANAL, 1320.4 FEET TO STATION IN THE CENTER OF THE SAME AND CENTER OF A 30 FOOT RIGHT OF WAY FOR DRAINAGE PURPOSES, OF RECLAMATION DISTRICT NO. 1665, THENCE ALONG THE CENTER OF SAID DRAINAGE CANAL, AND RIGHT OF WAY, AND ALONG THE DIVISION LINE BETWEEN LAND OF IKEDA AND A 174.60 ACRE TRACT OF JESSIE R. BRYAN ET AL,

Order Number: 2714-6914768
Page Number: 9

First American Title

Page 9 of 18 ends

(6) S. 71° 50' W., 301.7 FEET TO STATION, THENCE

(7) S. 73° 12' W., 260.7 FEET TO STATION, THENCE

(8) S. 25° 25' W., 155 FEET TO STATION, THENCE LEAVING THE CENTER OF SAID GABILAN CREEK

DRAINAGE CANAL AND ALONG THE CENTER OF A PRIVATE DRAINAGE CANAL, AND THE DIVISION LINE BETWEEN LANDS OF IKEDA AND JESSIE R. BRYAN ET AL, AS AFORESAID,

(9) N. 67° 32' W., 826.5 FEET, AT 772 FEET THE SOUTHEASTERN SIDE OF PUMPHOUSE AND SUCTION BAY OF DRAINAGE PUMPING PLANT, AT 782 FEET THE NORTHWESTERLY SIDE OF SAID PUMPHOUSE, 826.5 FEET TO A 4 X 4 SURVEY POST MARKED D,D,HDP, STANDING ON THE SOUTHERLY BANK OF THE

OLD CARR DIVERTING CANAL, THENCE,

(10) N. 7° 19' W., 30 FEET TO A 4 X 4 POST MARKED C,D,HDP, STANDING IN THE CENTER OF THE

SAME, AND THENCE DOWN THE CENTER OF SAID OLD CARR DIVERTING CANAL, AND STILL ALONG THE DIVIDING LINE BETWEEN LANDS OF IKEDA AND JESSIE R. BRYAN ET AL

(11) N. 80° 46' W., 452.9 FEET TO THE PLACE OF BEGINNING.

EXCEPTING FROM THE ABOVE DESCRIBED PARCEL I ALL THAT PORTION CONVEYED TO SALINAS, A MUNICIPAL CORPORATION BY DEED DATED OCTOBER 31, 1972 AND RECORDED NOVEMBER 15, 1972 ON REEL 810 OFFICIAL RECORDS AT PAGE 3.

PARCEL TWO: (APN: 261-191-001-000)

A PORTION OF THE RANCHO EL SAUSAL, IN MONTEREY COUNTY, CALIFORNIA, AND BEING A PORTION OF THAT CERTAIN 174.60 ACRE TRACT CONVEYED BY ALBERT C. AIKEN ET AL TO JESSIE R. BRYAN ET AL, BY DEED DATED APRIL 17, 1926, RECORDED APRIL 27, 1926 IN VOLUME 84 OFFICIAL RECORDS AT PAGE 9 THEREIN, MONTEREY COUNTY RECORDS, CALIFORNIA, AND ALSO A PART OF THAT CERTAIN

22.30 ACRE TRACT CONVEYED BY FLORIDA C. COOK AND STERLING D. CARR, ALSO KNOWN AS STERLING CARR, TO TOSHI HANAZONO, BY DEED DATED FEBRUARY 4, 1939, RECORDED FEBRUARY 6, 1939, IN VOLUME 604 OFFICIAL RECORDS, AT PAGE 301 THEREIN, MONTEREY COUNTY RECORDS,

CALIFORNIA, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS, TO- WIT:

COMMENCING AT A 4 X 4 SURVEY POST MARKED C,H, STANDING IN FENCE AT THE EASTERN CORNER OF SAID 22.30 ACRE TRACT ABOVE REFERRED TO AND ON THE SOUTHEAST SIDE OF THAT CERTAIN

5.534 ACRE TRACT CONVEYED BY JESSIE R. BRYAN ET AL TO R. A. STUMP AND MAUDE J. STUMP, BY DEED DATED MARCH 18, 1931, RECORDED MARCH 27, 1931, IN VOLUME 287 OFFICIAL RECORDS AT PAGE 93 THEREIN, MONTEREY COUNTY RECORDS, CALIFORNIA, AND THENCE ALONG THE SOUTHEASTERN SIDE OF SAID STUMP 5.534 ACRE TRACT, WITH THE FOLLOWING TWO COURSES AND

DISTANCES,

(1) S. 52° 24' W., 176.3 FEET TO A 4 X 4 SURVEY POST MARKED L4,C,HDP, THENCE

(2) S. 34° 48' W., 135.1 FEET TO A 4 X 4 SURVEY POST MARKED L3,C,HDP, STANDING AT THE SOUTHWEST CORNER OF SAID STUMP 5.534 ACRE TRACT, AND AT THE MOST EASTERN CORNER OF THAT CERTAIN 10.674 ACRE TRACT CONVEYED BY JESSIE R. BRYAN ET AL TO JAMES LUNSFORD AND MARY LUNSFORD BY DEED DATED NOVEMBER 14, 1927, RECORDED DECEMBER 9, 1927, IN VOLUME 136 OFFICIAL RECORDS AT PAGE 74 THEREIN, MONTEREY COUNTY RECORDS, CALIFORNIA, THENCE LEAVE SAID STUMP 5.534 ACRE TRACT AND ALONG THE EXTERIOR BOUNDARIES OF SAID LUNSFORD

10.764 ACRE TRACT WITH THE FOLLOWING FOUR COURSES AND DISTANCES,

(3) S. 35° 14' W., 180.8 FEET TO A 4 X 4 SURVEY POST MARKED L4C,HDP, THENCE

Order Number: 2714-6914768
Page Number: 10

First American Title

Page 10 of 18 ends

(4) S. 45° 46' W., 200.7 FEET TO A 4 X 4 SURVEY POST MARKED L5,C,HDP, THENCE

(5) S. 49° 35' W., 364.6 FEET TO A 4 X 4 SURVEY POST MARKED L6,C,HDP, THENCE

(6) S. 41° 19' W., 384.9 FEET TO A 4 X 4 SURVEY POST MARKED L7,C,HDP, AT THE SOUTHERN CORNER OF SAID 10.674 ACRE TRACT AND THE EASTERN CORNER OF THAT CERTAIN 22,060 SQUARE

FEET PARCEL OF LAND CONVEYED BY TOSHI HANAZONO TO CLYDE POTTER ET UX, BY DEED DATED APRIL 21, 1941 AND RECORDED DECEMBER 20, 1943 IN VOLUME 815 OFFICIAL RECORDS AT PAGE 373, MONTEREY COUNTY RECORDS; THENCE, ALONG THE SOUTHEASTERN LINE OF SAID POTTER

PARCEL OF LAND,

(7) S. 41° 19' W., 50.23 FEET TO SURVEY STAKE AT THE SOUTHERN CORNER OF SAID POTTER PARCEL OF LAND AND IN THE BOUNDARY OF THAT CERTAIN 3.1536 ACRE PARCEL OF LAND CONVEYED BY TOSHI HANAZONO TO SALINAS VALLEY ICE COMPANY, LTD., A CORPORATION, BY DEED DATED APRIL 16, 1942 AND RECORDED JUNE 19, 1942 IN VOLUME 767 OFFICIAL RECORDS AT PAGE 391, MONTEREY COUNTY RECORDS; THENCE, ALONG THE BOUNDARIES OF SAID 3.1536 ACRE PARCEL OF LAND WITH

THE FOLLOWING TWO COURSES AND DISTANCES,

(8) S. 43° 12' E., 20.10 FEET TO SURVEY STAKE; AND

(9) S. 41 ° 27' W., 317.20 FEET TO SURVEY STAKE IN THE BOUNDARY OF SAID 22.30 ACRE PARCEL OF LAND ABOVE REFERRED TO; THENCE ALONG THE BOUNDARIES OF SAID 22.30 ACRE PARCEL OF LAND,

THE FOLLOWING FIVE COURSES AND DISTANCES,

(10) S. 7° 19' E., 4.44 FEET TO A 4 X 4 SURVEY POST MARKED D,C,HDP, STANDING ON THE

SOUTHERLY BANK OF OLD CARR DIVERTING CANAL, THENCE,

(11) S. 67° 32' E., AT 54.5 FEET OLD SUCTION BAY OF PUMP, AND ENTER PRIVATE DRAINAGE CANAL AND ALONG CENTER OF SAME, 826.5 FEET TO CENTER OF GABILAN LATERAL DRAINAGE CANAL OF RECLAMATION DISTRICT NO. 1665, AND ITS 30 FOOT RIGHT OF WAY FOR THE SAME, THENCE ALONG THE CENTER OF SAID GABILAN LATERAL DRAINAGE CANAL, AND 30 FOOT RIGHT OF WAY OF SAID

RECLAMATION DISTRICT,

(12) N. 25° 25' E., 155 FEET TO STATION, LEAVE CENTER OF SAID GABILAN CREEK LATERAL

DRAINAGE CANAL AND RIGHT OF WAY, AND RUNNING

(13) N. 75° 5' W., 8.1 FEET TO STATION, THENCE ALONG THE CENTER OF A PRIVATE DRAINAGE DITCH

(14) N. 15° 3' E., 1553.1 FEET, AT 1386 FEET ANGLE IN SAID PRIVATE DRAINAGE DITCH, TO THE RIGHT, AND LEAVE SAME, AT 1401.1 FEET TO A 4 X 4 SURVEY POST MARKED C,H, STANDING ON LINE, 1553.1 FEET TO THE POINT OF BEGINNING.

PARCEL THREE: APN: 003-
821-033-000)

A PORTION OF RANCHO EL SAUSAL, IN THE CITY OF SALINAS, COUNTY OF MONTEREY, STATE OF

CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE HOUSING AUTHORITY OF THE COUNTY OF MONTEREY BY INDIVIDUAL GRANT DEED RECORDED IN REEL 1800, OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA AT PAGE 745, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL OF LAND, FROM WHICH, THE MOST SOUTHERLY CORNER OF BEARS THE FOLLOWING TWO COURSES: (A) S. 80° 46' 00" E.,

Order Number: 2714-6914768
Page Number: 11

First American Title

Page 11 of 18 ends

281.19 FEET AND (B) S. 7° 19' 00" E., 25.56 FEET, THENCE FROM SAID POINT OF BEGINNING AND

ALONG SAID SOUTHERLY BOUNDARY,

(1) N. 80° 46' 00" W., 151.68 FEET TO A POINT ON THE EASTERLY LINE OF SHERWOOD DRIVE AS WIDENED BY DEED RECORDED JUNE 11, 1973, IN REEL 852, OFFICIAL RECORDS OF MONTEREY COUNTY, AT PAGE 422, THENCE ALONG SAID LINE,

(2) N 27° 42' 00" E., 21.09 FEET, THENCE

(3) S. 80° 46' 00" E., 145.00 FEET, THENCE

(4) S. 9° 14' 00" W., 20.00 FEET TO THE POINT OF BEGINNING.

PARCEL FOUR:

A RIGHT OF WAY, 20 FEET IN WIDTH, FOR ROAD PURPOSES, FOR JOINT USE, AS DESCRIBED IN THE GRANT DEED FROM TOSHI HANAZANO TO SALINAS VALLEY ICE COMPANY, LTD., A CORPORATION, RECORDED JUNE 19, 1942 IN VOLUME 797, PAGE 391, OFFICIAL RECORDS OF MONTEREY COUNTY.

Order Number: 2714-6914768
Page Number: 12

First American Title

Page 12 of 18 ends

Order Number: 2714-6914768
Page Number: 13

First American Title

Page 13 of 18 ends

NOTICE

Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.

Order Number: 2714-6914768
Page Number: 14

First American Title

Page 14 of 18 ends

EXHIBIT A

LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)

CLTA STANDARD COVERAGE POLICY – 1990

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.

CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;

Order Number: 2714-6914768
Page Number: 15

First American Title

Page 15 of 18 ends

b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS

Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:

For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability

Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)

Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)

Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)

Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less)

2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

Order Number: 2714-6914768
Page Number: 16

First American Title

Page 16 of 18 ends

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]

2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

Order Number: 2714-6914768
Page Number: 17

First American Title

Page 17 of 18 ends

(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.

7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

Order Number: 2714-6914768
Page Number: 18

First American Title

Page 18 of 18 ends

16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

DRAFT EXHIBIT D - FORM OF GRANT DEED

1 RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENT TO:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

(ABOVE SPACE FOR RECORDER’S USE ONLY)

EXEMPT FROM RECORDER’S FEES pursuant to Government Code §6103 This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 11922 of the Revenue and Taxation Code, as amended.

The undersigned grantor(s) declare(s):

County Transfer Tax is $____0___________.

Monument preservation fee is $__________.
( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( X ) City of Salinas, Monterey County

GRANT DEED

FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, BIG SUR LAND TRUST, a California non -profit public benefit corporation (“Grantor”), does hereby grant and convey to, CITY OF SALINAS, a California charter city and municipal corporation, and its successors and assigns ("Grantee"), all the real property situated in the City of Salinas, County of Monterey, State of California, shown on the map attached as Exhibit 1 and more -particularly described in Exhibit 2 (referred to herein as the [ insert "Neighborhood Park Area" or “Restoration Area” as appropriate ]) attached hereto and incorporated herein by this reference , subject to the following reservations and conditions for the benefit of Grantor, and its successors and assigns, which shall be binding on Grantee and its successors and assigns:

1. SUBJECT TO Easement for Access and Right of Way Agreement between City of Salinas to Big Sur Land Trust recorded concurrently herewith.

2. SUBJECT TO Easement for Well, Water and Pipeline Agreement between City of Salinas to Big Sur Land Trust recorded concurrently herewith.

DRAFT EXHIBIT D - FORM OF GRANT DEED

2 ___________________________, 20___

BIG SUR LAND TRUST,
a California non-profit public benefit corporation

_________________________________________
By:

Title:

Add Exhibits 1 and 2
Add Notary Acknowledgement

Page 1 of 8 ends

Exhibit E
Summary of Public Grant Requirements and Restrictions as of 1/22/25

Agency
Grant
Number,
Grant
Amount
Grant
Contract
Executed
Notes Restriction Type
Date
Restriction
Recorded
1 State Coastal
Conservancy
(SCC) #1
15-128,
$2,500,000
11/22/2016 Funding for land
acquisition.

Conditions
apply to entire
property. See
conditions
summary below.

Irrevocable
offer to
dedicate title
in fee and
declaration of
restrictive
covenants
1/25/2017
2 California
Natural
Resources
Agency
(CNRA) #1
R81790-0,
$500,000
11/22/2016 Funding for land
acquisition.

Conditions
apply to two
APNs: 003-212-
007, 261-191-
007. See
conditions
summary below.

Memorandum
of unrecorded
grant
agreement
(MOUGA)
1/25/2017
3 California
Department
of Parks and
Recreation
(DPR)
SW-27-005,
$8,498,748
1/26/2022,
amended
1/5/23
Funding for
neighborhood
park
construction.

Deed restriction
applies to 6-
acre
Neighborhood
Park. 30-year
duration:
7/1/2020 –
6/30/2050. See
conditions
summary below.

Deed
restriction
5/6/2022
4 California
Natural
Resources
Agency
(CNRA) #2
UG2113-0,
$3,673,917
11/7/2023 Funding for
restoration area
construction.

See conditions
summary below.

Memorandum
of unrecorded
grant
agreement
(MOUGA) and
Assignment of
Assumptions
from City of
Salinas.

Not yet
recorded.

Planned
for late
2025 or
early 2026.

5 Department
of Water
Resources
(DWR)
4600015506,
$2,500,000
12/13/23 Funding for
restoration area
construction.

None. n/a

Page 2 of 8 ends

See conditions
summary below.
6 State Coastal
Conservancy
(SCC) #2
23-160, 23-
160.A1,
$8,000,000
4/29/24,
12/3/24
Funding for
restoration area
construction.

See conditions
summary below.

Agreement
protecting the
public interest
in certain
improvements
and
development
(31116(d))
Not yet
recorded
(planned
for Feb.
2025)
7 Wildlife
Conservation
Board
WC-
2505KM,
$4,064,653
12/30/24 Funding for
restoration area
construction.

See conditions
summary below.

Notice of
unrecorded
grant
agreement
(NOUGA)
Not yet
recorded
(planned
for Jan.
2025)

All information provided below constitutes summary information and not a complete list of conditions, and in the event of any inconsistency between the summary information and the grant contract(s) the grant contract(s) terms shall control. City has been provided with copies of the grant contract(s).

1. SCC Conditions Summary:
a. The Real Property shall be used solely for the purposes of public access, open space protection, wildlife habitat and environmental restoration (collectively, the “Acquisition Purposes”). No use of the Real Property inconsistent with the Acquisition Purposes is permitted. Notwithstanding the foregoing, the Real Property may be used for agricultural activities for an interim period ending no later than 7 (seven) years from the date of recording of this Offer and Declaration, to allow for a community process to determine the long-term use of the Real Property. Following the interim period, a portion of the Real Property may be used for a small demonstration farm, as a permissible public access and open space use, subject to the prior written approval of the Conservancy, provided that such use remains consistent with and does not materially impair the other Acquisition Purposes. Any proceeds received by the Offeror from the agricultural use of the Real Property shall be deposited to and held in a dedicated stewardship fund for the Real Property and used solely to maintain or restore the Real Property. No development, as defined in California Public Resources Code section 30106, shall be undertaken on the Real Property except that development for and in furtherance of the Acquisition Purposes or for prudent and reasonable management and stewardship of the Property (such as development necessary to address hazards or to avoid injury, or other similar activities).
b. The Real Property shall not be used as security for any debt without the written approval of the Executive Officer of the Conservancy.

Page 3 of 8 ends

c. Any transfer of the Real Property, or portion of or interest in it, is subject to the prior written approval of the Executive Officer of the Conservancy. The transferee, including any party accepting title to the Real Property pursuant to paragraph 1, above, shall be subject to all provisions of this Offer and Declaration, including, without limitation, the Restrictions. If the Conservancy deems necessary, prior to the approval of any transfer of the Real Property, the transferee and the Conservancy shall enter into a new agreement sufficient to protect the interest of the people of California.
d. The Real Property shall not be used for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) without the written permission of the Executive Officer. In providing permission, the Executive Officer may require that funds generated in connection with any authorized or allowable mitigation on the Real Property will be promptly remitted to the Conservancy. e. If the Real Property is under threat of condemnation or condemnation proceedings have been initiated, as defined above, the Offeror shall promptly notify the Conservancy in writing, shall assert any applicable presumption regarding the use of the Real Property for the Acquisition Purposes as the highest and best use under Public Resources Code §5542.S(a), Code of Civil Procedure § 1240.680 or any successor, subsequent or other legislation, and shall use its best efforts to obtain the maximum compensation possible. Upon receiving condemnation proceeds, the Offeror shall promptly pay to the Conservancy a percentage of the condemnation proceeds equivalent to the respective percentage of the total acquisition cost originally contributed by the Conservancy (_63.29114%). f. The Offeror shall regularly monitor the Real Property for compliance with the Acquisition Purposes, consistent with the written “Monitoring and Reporting Program” dated November 15, 2016, and approved by the Conservancy, a copy of which is on file at the office of the Conservancy and the Offeror. The Monitoring and Reporting Program may be revised and amended by written agreement of the Offeror and the Conservancy, as needed to ensure and document ongoing compliance with the Acquisition Purposes. The Offeror shall submit a periodic monitoring report to the Conservancy, as required by the Monitoring and Reporting Program. On transfer of the Real Property, or any portion of or interest in the Real Property, under paragraph 2(c), above, the Offeror shall provide a copy of the Monitoring and Reporting Program to the transferee. On reasonable prior notice to the Offeror, the Conservancy shall have the right to inspect the Real Property to ascertain compliance with this Offer and Declaration.
g. Offer and Declaration shall be deemed covenants and restrictions running with the land, shall be effective limitations on the use of the Real Property from the date of recordation of this document, and shall bind the Offeror and all its successors and assigns. This Offer and Declaration shall benefit the State of California.

2. CNRA (#1) Conditions Summary:
a. The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be

Page 4 of 8 ends

unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.
b. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. c. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

3. DPR Conditions Summary:
a. Irrevocable deed restriction with a term 5/6/2022 through 6/30/2050. b. DPR has right of entry at times acceptable to Owner to verify compliance. c. Restricts property use to those uses identified in Grant #SW-27-005 generally including customary parks and open space uses such as playground, basketball court, skate spot, natural amphitheater, gazebo, picnic areas, BBQ, trails, pathways, restrooms, parking lots with lighting, landscaping, and other open spaces. d. The property and its uses are subject to the terms of California Drought, Water, Parks, Climate, Coastal Protections, and Outdoor Access for All of 2018 Parks Bonds Act Statewide Park Development and Community Revitalization Program. e. Grant funds are reimbursable and 20% of the grant amount, or approximately $1.7 million, is retained by DPR for the final reimbursement payment and will not be released to BSLT until all grant conditions are satisfied, including opening the park to the public.
f. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
g. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. h. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
i. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT. j. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

Page 5 of 8 ends

k. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

4. CNRA (#2) Conditions Summary:
a. The State is aware of and approves the conveyance of the property to the City of Salinas (City) after Project improvements are completed. Such approval is contingent, however, upon the submission of a signed authorizing resolution from the City’s governing board and Grantee’s execution of an Assignment and Assumption of River Parkways Grant #R81790-0 and Urban Greening Grant #UG2113-0 to the City concurrent with the transfer of the property. Grantee shall first obtain the State’s approval of the form of the Assignments, which shall not be unreasonably withheld. b. Use of Facilities
i. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. ii. Grantee shall maintain, operate, and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of 25 years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.
iii. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.
iv. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to: (1) the amount of the grant, (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.
v. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

Page 6 of 8 ends

vi. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

5. DWR Conditions Summary:
a. Post-Performance Reports: Grantee shall submit Post-Performance Reports. Post- Performance Reports shall be submitted to State within ninety (90) calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of 3 years after the completed Project begins operation.
b. OPERATION AND MAINTENANCE OF PROJECT. F
or the useful life of construction and
implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation.

Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”
c. PROJECT MONITORING PLAN REQUIREMENTS. Th
e Monitoring and Maintenance Plan
shall outline the Grantee’s plans for monitoring the restored site, assessing maintenance needs, and carrying out known and unanticipated maintenance actions necessary or required during and after completion of the Project in accordance with Exhibit A “Work Plan.” The Grantee shall prepare a draft Monitoring and Maintenance Plan during the design phase of the Project and submit it to the State in accordance with Exhibit A “Work Plan.” The Final Monitoring and Maintenance Plan must be approved by the State prior to disbursement of grant funds for construction or monitoring activities. The Monitoring and Maintenance Plan shall include the elements described in Exhibit D.
d. NOTIFICATION OF STATE. Th
e Grantee shall promptly notify the State, in writing, of the following items:
i. Events or proposed changes that could affect the scope, budget, or work p
erformed under this Funding Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State

Page 7 of 8 ends

and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.
ii. Any public or media event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least 14 calendar days prior to the event. iii. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.
iv. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way. v. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” The Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection.
e. PROJECT ACCESS:

The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
f. SUCCESSORS AND ASSIGNS: Thi s Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

6. SCC #2 Co
nditions Summary:
a. The grantee and the Conservancy must enter into, and the grantee record, an agreement to protect the public interest in the improvements or facilities constructed under this agreement, as required by Public Resources Code section 31116(d). b. This agreement terminates on December 31, 2046 (“the termination date”) unless terminated early as provided in this agreement. However, the grantee shall complete all work by December 31, 2026 (“the completion date”).
a. Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property be remitted promptly to the conservancy. As used in

Page 8 of 8 ends

this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.

7. WCB Conditions Summary:
a. 25 Year Long-term Management Period. As detailed in Exhibit D (Management Plan), Grantee shall ensure that the Project funded by Grantor is operated, used, managed and maintained throughout the Long-term Management Period consistent with the purposes of the grant and in accordance with the Management Plan. Beyond the Project Term, Grantee assumes all costs associated with long-term management of the Property provided for in the Management Plan. Grantee may contract with Landowner or a third party for the long-term management of the Property on behalf of Grantee, however, as between Grantor and Grantee such management will remain the responsibility of Grantee. Grantee acknowledges the continuing obligations under this Agreement to fulfill the requirements contained in any Management Plan. No termination of this Agreement shall sever Grantee's obligations under this Agreement to maintain any portion of the Project completed prior to termination and such obligations shall continue and survive any termination of this Agreement.
b. Property as Mitigation. Any Project improvements paid for by Grant Funds may not be used for Mitigation. If Grantee seeks to make additional improvements on the portion of Property improved by Grant Funds for the purposes of Mitigation, Grantee shall obtain prior written approval from Grantor, which may be granted at its sole discretion, provided, however, that under no circumstances shall the Property be used for any Mitigation that is inconsistent with or abrogates the purposes of the grant. If Grantor approves any Mitigation under this section, such approval shall be for the purposes of this Agreement only. Actual Mitigation requirements and conditions will be established and enforced by the authorities imposing them. c. Notice of Change in Ownership of Land. This Agreement shall not prevent the transfer of the Property or interests therein by the Landowner. Grantee and/or Landowner shall provide written notice to Grantor 90 days prior to any change in ownership of the Property. Such notice shall include information regarding the type of proposed transfer (e.g. fee simple, transfer of partial interest, leasehold interest, water right} and the name of the proposed transferee. Upon such receipt, Grantor may determine that the obligations of Grantee and/or Landowner under the Agreement need to be assigned to the proposed transferee. Grantee and/or Landowner shall work with Grantor to execute any necessary assignment and assumption agreements regarding the Agreement.

DRAFT Exhibit F –1 Form of Access Easement

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

(ABOVE SPACE FOR RECORDER’S USE ONLY)

EASEMENT FOR ACCESS AND RIGHT OF WAY AGREEMENT

THIS EASEMENT FOR ACCESS AND RIGHT OF WAY AGREEMENT (this “Easement Agreement”) is entered into as of _______________, 20___ (“Effective Date”), by and between CITY OF SALINAS, a California municipal corporation and charter city (“CITY”) and BIG SUR LAND TRUST, a California nonprofit public benefit corporation (“BSLT”). CITY and BSLT are referred to collectively in this Easement Agreement as the “Parties.”

Recitals

B. BSLT is the owner in fee of certainreal property located in the City of Salinas, County of Monterey, State of California, as shown on Exhibit 1 and more particularly described in Exhibit 3 attached hereto and incorporated herein by this reference (the “Restoration Area”; together with "Neighborhood Park Area" referred to as the "Property").

C. CITY and BSLT are working together to establish of the Ensen Park Project (formerly known as the "Carr Lake Park Project") on the Property as described in the unrecorded Memorandum of Agreement ("MOU") between the Parties dated March 19, 2024, and the unrecorded Conveyance Agreement between the Parties dated ____.

D. CITY and BSLT enter into this Easement Agreement for the purpose of BSLT’s receiving an easement for the purposes described below in this Easement Agreement over and DRAFT Exhibit F –1 Form of Access Easement

2 upon that portion of the Neighborhood Park Area referred to in this Easement Agreement as “Access Easement Area” as shown in Exhibit 1, attached hereto and incorporated herein by this reference.

Agreement
For valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree that the recitals set forth above are hereby incorporated into and deemed a part of this Easement Agreement and further agree as follows:

1. Access Easement.

CITY grants to BSLT, for the benefit of BSLT and its employees, contractors, agents, invitees, successors and assigns (collectively, the “BSLT Parties”) a non- exclusive easement over the Access Easement Area on the terms and conditions herein.

2. Uses. The Access Easement is a non-excl usive easement for pedestrian and vehicular access and ingress to and egress from the Restoration Area for all purposes pertaining to BSLT’s activities on and use of the Restoration Area. The Parties acknowledge that BSLT anticipates using the Restoration Area to carry out grant and permit conditions for the Ensen Park Project and related purposes on the Restoration Area including without limitation grading, construction, trenching, excavation, planting, irrigation, installation of perimeter fencing, trails, bridges, boardwalks, and signage, and related activities. Nothing in this Easement Agreement is to be construed as granting any rights to members of the general public to use or enter upon the Access Easement Area.

3. Easement Appurtenant.

The Access Easement shall be appurtenant to the Restoration Area, shall run with the land for the benefit of the BSLT and shall burden the Neighborhood Park Parcel. The Access Easement is a nonexclusive easement for the use and benefit of the BSLT Parties in common with CITY and CITY’s agents, invitees, successors and assigns. The terms of this Easement Agreement shall be binding upon the Parties hereto, their successors and assigns, and upon all successor owners of the Neighborhood Park Area and the Restoration Area.

4. Attorneys Fees. If any legal action or proceeding arising out of or relating to this Easement Agreement is brought by either party, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs and expenses incurred in the action or proceeding by the prevailing party.

5. Recordation of Agreement. This Easement Agreement shall be recorded in the Official Records of Monterey County, California, and shall serve as notice to all parties succeeding to the interest of the Parties hereto that their use of the Restoration Area and the Neighborhood Park Area shall be benefitted or restricted, or both, in the manner described herein.

6. Entire Agreement. This Easement A
greement, the Recitals herein and its attachments
hereto, the MOU and other agreements between the Parties referenced herein, contains the entire agreement of the Parties hereto relating to the easement herein granted. Any modifications of the terms of this Easement Agreement shall be of no force and effect, excepting a subsequent DRAFT Exhibit F –1 Form of Access Easement

3 modification in writing, signed by all the then record owners of the Restoration Area and the Neighborhood Park Parcel and recorded in the Official Records of Monterey County, California.

7. Notices. All notices, demands, solicitations of consent or approval and any other communications required hereunder shall be in writing and served personally, sent by recognized overnight courier that guarantees next-day delivery, by registered, certified U.S. Mail, postage prepaid, or by email, with a copy sent by overnight courier or U.S. Mail, to the address of CITY or BSLT, as the case may be, stated below.

If to CITY:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to BSLT:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery, email or overnight courier or, in the case of delivery by first class mail, five (5) days after deposit in the U.S. Mail.

[Si
gnatures appear on the following pages.]

DRAFT Exhibit F –1 Form of Access Easement

4 IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of the date and year first set forth above.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city

By:

Name:

Title:

BSLT:

BIG SUR LAND TRUST, a California nonprofit public benefit corporation

By:

Name:

Title:

Add:

Notary Acknowledgements
EXHIBIT 1 - Map
EXHIBIT 2 - Neighborhood Park Area
EXHIBIT 3 - Restoration Area

DRAFT Exhibit F-2 – Form of Access Easement

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

(ABOVE SPACE FOR RECORDER’S USE ONLY)

EASEMENT FOR ACCESS AND RIGHT OF WAY AGREEMENT

Recitals

A. CITY is the owner in fee of certain real property located in the City of Salinas, County of Monterey, State of California, as shown on Exhibit 1 and more particularly described in Exhibit 2 attached hereto and incorporated herein by this reference (the “Neighborhood Park Area”) and in Exhibit 3 attached hereto and incorporated herein by this reference (the “Restoration Area”; together with "Neighborhood Park Area" referred to as the "Property").

B. CITY and BSLT are working together to establish of the Ensen Park Project (formerly known as the "Carr Lake Park Project") on the Property as described in the unrecorded Memorandum of Agreement ("MOU") between the Parties dated March 19, 2024, and the unrecorded Conveyance Agreement between the Parties dated ____.

C. CITY and BSLT enter into this Easement Agreement for the purpose of BSLT’s receiving an easement for the purposes described below in this Easement Agreement over and upon that portion of the Property referred to in this Easement Agreement as “Access Easement Area” shown in Exhibit 1, attached hereto and incorporated herein by this reference.

DRAFT Exhibit F-2 – Form of Access Easement

2 Agreement
For valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree that the recitals set forth above are hereby incorporated into and deemed a part of this Easement Agreement and further agree as follows:

1. Access Easement.

2. Uses. The Access Easement is a non-excl usive easement for pedestrian and vehicular access and ingress and egress over and upon the Neighborhood Park Area and the Restoration Area for all purposes pertaining to BSLT’s activities on and use of the Restoration Area. The Parties acknowledge and agree that BSLT shall have the right to use the Restoration Area and undertake activities thereon to carry out grant and permit conditions for the Ensen Park Project and related purposes on the Restoration Area including without limitation grading, construction, trenching, excavation, planting, irrigation, installation of perimeter fencing, trails, bridges, boardwalks, and signage, and related activities. Nothing in this Easement Agreement is to be construed as granting any rights to members of the general public to use or enter upon the Access Easement Area.

3. Easement In Gross.

The Access Easement shall be in gross for the benefit of BSLT Parties, shall run with the land and shall burden the Property. The Access Easement is a nonexclusive easement for the use and benefit of the BSLT Parties in common with CITY and CITY’s agents, invitees, successors and assigns. The terms of this Easement Agreement shall be binding upon the Parties hereto, their successors and assigns, and upon all successor owners of the Neighborhood Park Area and the Restoration Area.

DRAFT Exhibit F-2 – Form of Access Easement

3 7. Notices. All notices, demands, solicitations of consent or approval and any other communications required hereunder shall be in writing and served personally, sent by recognized overnight courier that guarantees next-day delivery, by registered, certified U.S. Mail, postage prepaid, or by email, with a copy sent by overnight courier or U.S. Mail, to the address of CITY or BSLT, as the case may be, stated below.

If to CITY:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to BSLT:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

[Si
gnatures appear on the following pages.]

DRAFT Exhibit F-2 – Form of Access Easement

4 IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of the date and year first set forth above.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city

By:

Name:

Title:

BSLT:

BIG SUR LAND TRUST, a California nonprofit public benefit corporation

By:

Name:

Title:

Add:

Notary Acknowledgements
EXHIBIT 1 - Map
EXHIBIT 2 - Neighborhood Park Area
EXHIBIT 3 - Restoration Area

DRAFT Exhibit G –1 Form of Well Easement

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

(ABOVE SPACE FOR RECORDER’S USE ONLY)

EASEMENT FOR WELL, WATER AND PIPELINE AGREEMENT

THIS EASEMENT FOR WELL, WATER AND PIPELINE AGREEMENT (this “Easement Agreement”) is entered into as of _______________, 20___ (“Effective Date”), by and between CITY OF SALINAS, a California municipal corporation and charter city (“CITY”) and BIG SUR LAND TRUST, a California nonprofit public benefit corporation (“BSLT”). CITY and BSLT are referred to collectively in this Easement Agreement as the “Parties.”

Recitals

B. BSLT is the owner in fee of certain real property located in the City of Salinas, County of Monterey, State of California, as shown on Exhibit 1 and more particularly described in Exhibit 3 attached hereto and incorporated herein by this reference (the “Restoration Area”; together with "Neighborhood Park Area" referred to as the "Property").

C. CITY and BSLT are working together to establish the Ensen Park Project (formerly known as the "Carr Lake Park Project") on the Property as described in the unrecorded Memorandum of Agreement ("MOU") between the Parties dated March 19, 2024, and the unrecorded Conveyance Agreement between the Parties dated ____.

D. CITY and BSLT enter into this Easement Agreement for the purpose of BSLT’s receiving an easement for the purposes described below in this Easement Agreement on that portion of the Neighborhood Park Area referred to in this Easement Agreement as “Well Easement Area” shown in Exhibit 1, attached hereto and incorporated herein by this reference.

DRAFT Exhibit G –1 Form of Well Easement

1. Well
Easement. CITY grants to BSLT, for the benefit of BSLT and its employees, contractors, agents, invitees, successors and assigns (collectively, the “BSLT Parties”) a non- exclusive easement over the Well Easement Area on the terms and conditions set forth herein.

2. Use. The Easement is a nonexclusive easement to use the well and water located on the Neighborhood Park Area, and convey well water to the Restoration Area for use thereon including construction and use of heavy equipment, installation, trenching, excavation, operation, water conveyance, repair, maintenance and replacement of well, water pipelines and utilities associated therewith, including reasonable access for such purposes. The Parties acknowledge and agree that BSLT shall have the right to use the well and water to undertake activities and to carry out grant and permit conditions for the Ensen Park Project and related purposes on the Restoration Area including without limitation grading, construction, trenching, excavation, planting, irrigation, installation of perimeter fencing, trails, bridges, boardwalks, and signage, and related activities. The Easement is a nonexclusive easement for the use and benefit of the BSLT Parties in common with CITY, and CITY’s successors and assigns, provided however, the Parties agree that BSLT Parties shall have exclusive use of the water and operation of the well and water system. BSLT Parties shall have exclusive access to Well Easement Area as may be necessary or desirable during installation and construction of infrastructure. BSLT shall be responsible for operation, maintenance and repair of the well and water system at BSLT’s sole cost and expense.

Subject to groundwater rules and regulations BSLT Parties sh all have the right to take and use
water in any amount for farming and agricultural purposes, to carry out grant and permit conditions, and other purposes on the Restoration Area for the Ensen Park Project.

BSLT’s use of well water will not be subject to any charge. In the event that water from the well is subject to state or local groundwater regulations that include a fee, such charge will be paid by CITY.

3. Easement Appurtenant.

The Easement shall be appurtenant to the Restoration Area, shall run with the land for the benefit of the BSLT Parties and shall burden the Neighborhood Park Parcel. The terms of this Easement Agreement shall be binding upon the Parties hereto, their successors and assigns, and upon all successor owners of the Neighborhood Park Area and the Restoration Area.

3 interest of the Parties hereto that their use of the Restoration Area and the Neighborhood Park Area shall be benefitted or restricted, or both, in the manner described herein.

6. Entire Agreement. This E asement Agreement, the Recitals herein, and its attachments hereto, the MOU and other agreements between the Parties referenced herein, contains the entire agreement of the Parties hereto relating to the Easement herein granted. Any modifications of the terms of this Easement Agreement shall be of no force and effect, excepting a subsequent modification in writing, signed by all the then record owners of the Restoration Area and the Neighborhood Park Parcel and recorded in the Official Records of Monterey County, California.

If to CITY:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to BSLT:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

[Si
gnatures appear on the following pages.]

DRAFT Exhibit G –1 Form of Well Easement

4 IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of the date and year first set forth above.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city

By:

Name:

Title:

BSLT:

BIG SUR LAND TRUST, a California nonprofit public benefit corporation

By:

Name:

Title:

Add:

Notary Acknowledgements
EXHIBIT 1 -
Map
EXHIBIT 2 - Neighborhood Park Area
EXHIBIT 3 - Restoration Area

DRAFT Exhibit G –2 Form of Well Easement

1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO

(ABOVE SPACE FOR RECORDER’S USE ONLY)

EASEMENT FOR WELL, WATER AND PIPELINE AGREEMENT

Recitals

A. CITY is the owner in fee of certain real property, located in the City of Salinas, County of Monterey, State of California, as shown on Exhibit 1 and more particularly described in Exhibit 2 attached hereto and incorporated herein by this reference (the “Neighborhood Park Area”), which property includes an existing water well, and in Exhibit 3 attached hereto and incorporated herein by this reference (the “Restoration Area”; together with "Neighborhood Park Area" referred to as the "Property")..

B. CITY and BSLT are working together to establish the Ensen Park Project (formerly known as the "Carr Lake Park Project") on the Property as described in the unrecorded Memorandum of Agreement ("MOU") between the Parties dated March 19, 2024, and the unrecorded Conveyance Agreement between the Parties dated ____.

C. CITY and BSLT enter into this Easement Agreement for the purpose of BSLT’s receiving an easement for the purposes described below in this Easement Agreement on that portion of the Property referred to in this Easement Agreement as “Well Easement Area” as shown in Exhibit 1, attached hereto and incorporated herein by this reference.

DRAFT Exhibit G –2 Form of Well Easement
2 Agreement
For valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
Parties agree that the recitals set forth above are hereby incorporated into and deemed a part of this Easement Agreement and further agree as follows:

1. Well E asement. CITY grants to BSLT, for the benefit of BSLT and its employees, contractors, agents, invitees, successors and assigns (collectively, the “BSLT Parties”) a non- exclusive easement over the Well Easement Area on the terms and conditions set forth herein.

2. Use. The Easement is a nonexclusive easement to use the well and water located on the Neighborhood Park Area, and convey well water to the Restoration Area for use thereon including construction and use of heavy equipment, installation, trenching, excavation, operation, water conveyance, repair, maintenance and replacement of well, water pipelines and utilities associated therewith, including reasonable access for such purposes. The Parties acknowledge and agree that BSLT shall have the right to use the well and water to undertake activities and to carry out grant and permit conditions for the Ensen Park Project and related purposes on the Restoration Area including without limitation grading, construction, trenching, excavation, planting, irrigation, installation of perimeter fencing, trails, bridges, boardwalks, and signage, and related activities. The Easement is a nonexclusive easement for the use and benefit of the BSLT Parties in common with CITY and CITY’s successors and assigns. BSLT has and will expend significant funds to carry out grant and permit conditions for the Ensen Park Project.

CITY will be responsible for the maintenance and repair of the well and water system at CITY’s sole cost and expense.

Subject to groundwater rules and regulations BSLT Parties shall have the right to take and use wat
er in any amount to carry out grant and permit conditions, and other purposes on the Restoration Area for the Ensen Park Project.

3. Easement In Gross.

The Easement shall be in gross for the benefit of the BSLT Parties, shall run with the land and shall burden the Property. The terms of this Easement Agreement shall be binding upon the Parties hereto, their successors and assigns, and upon all successor owners of the Property.

5. Recordation of Agreement. This Easement Agreement shall be recorded in the Official Records of Monterey County, California, and shall serve as notice to all parties succeeding to the DRAFT Exhibit G –2 Form of Well Easement
3 interest of the Parties hereto that their use of the Restoration Area and the Neighborhood Park Area shall be benefitted or restricted, or both, in the manner described herein.

6. Entire Agreement. This Easement Agreement, the Recitals herein and its attachments hereto, the MOU and other agreements between the Parties referenced herein, contains the entire agreement of the Parties hereto relating to the Easement herein granted. Any modifications of the terms of this Easement Agreement shall be of no force and effect, excepting a subsequent modification in writing, signed by all the then record owners of the Restoration Area and the Neighborhood Park Parcel and recorded in the Official Records of Monterey County, California.

If to CITY:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager
Wit
h a Copy to:

City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to BSLT:

Big Sur Land Trust
PO Box 4071
Monterey CA 93942
Attn: Jeannette Tuitele-Lewis,
President/CEO
or to s
uch other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery, email or overnight courier or, in the case of delivery by first class mail, five (5) days after deposit in the U.S. Mail.

8. Authority. Each Party represents to the other that each has the full authority to perform its obligations under this Easement Agreement and that the person executing this Easement Agreement has the authority to bind it.
[Signat
ures appear on the following pages.]
DRAFT Exhibit G –2 Form of Well Easement
4 IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of
the date and year first set forth above.

CITY:

CITY
OF SALINAS, a California municipal corporation and charter city By:

Name:

Title:

BSLT:

BIG SUR
LAND TRUST, a California nonprofit public benefit corporation By:

Name:

Title:

Add:

Notary Acknowledgements
EXHIBIT 1 - Map
EXHIBIT 2 - Neighborhood Park Area
EXHIBIT 3 - Restoration Area
EXHIBIT H: DRAFT NOTICE AND DECLARATION OF DEED RESTRICTION FOR INCLUSIONARY HOUSING 1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Sal
inas
Community Development Department
Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, CA 93901
No fee for recor
ding pursuant to
Government Code §27383 Space Above This Line for Recorder’s Use Only A.P.N.: 153721070000 Escrow No.:

NOTICE AN

D DECLARATION OF

DEED RES

TRICTION FOR INCLUSIONARY HOUSING
This Notic
e and Declaration of Deed Restriction for Inclusionary Housing (“Notice and Declaration”) is made this ______ day of _________________, 20____, by the City of Salinas, a California municipal corporation and charter city (hereinafter “City”).

Recitals
A. The City is
the legal owner of the fee interest in real property (“Property”) in the County of Monterey, State of California more particularly described in Exhibit A attached and incorporated by reference, , which Property was acquired by City in connection with the Ensen Park Project (formerly known as the Carr Lake Park Project) under grant deed recorded concurrently with this Notice and Declaration.

B. The Property contains the Neighborhood Park portion of Ensen Park, and a single-family residence with an address at 618 Sherwood Drive, Salinas CA (the “Residence”).

C. The Property is subject to certain encumbrances of record including without limitation an Irrevocable Offer to Dedicate Title In Fee and Declaration of Restrictive Covenants recorded as Document No. 2017004454 on January 25, 2017 in the Official Records of Monterey County (“Offer to Dedicate”) required by the California State Coastal Conservancy (“Conservancy”) grant program under Division 21 of the California Public Resources Code, restricting the use of the Property as set forth in said Offer to Dedicate, and as thereafter amended to allow use of the Residence for inclusionary housing.

D. Conservancy requires this Notice and Declaration to be recorded as a condition of the residential use of the Residence.

THE CITY
HEREBY PROVIDES NOTICE AND DECLARES that the Property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved subject to the terms of the 2 EXHIBIT H: DRAFT NOTICE AND DECLARATION OF DEED RESTRICTION FOR INCLUSIONARY HOUSING Offer to Dedicate, as amended, which terms are incorporated herein by this reference, and that the Residence shall be subject to the following:

THIS PROPERTY IS SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS DESIGNED

TO ASSURE AFFORDABLE HOUSING FOR MODERATE INCOME HOUSEHOLDS EARNING NO GREATER THAN 120% OF THE AREA MEDIAN INCOME EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 2 BELOW. IN ORDER TO ASSURE THE AFFORDABILITY OF THE HOUSING BEING

CREATED BY THIS DECLARATION, THESE COVENANTS, CONDITIONS AND RESTRICTIONS

REGULATE THE BELOW MARKET VALUE OF SPECIFIED UNITS AND RESTRICT THE SALE AND OCCUPANCY THEREOF. THESE RESTRICTIONS ARE BINDING UPON PURCHASERS, ENCUMBRANCERS, AND THEIR SUCCESSORS AND ASSIGNS. THESE COVENANTS,

CONDITIONS AND RESTRICTIONS SHOULD BE CAREFULLY READ AND FULLY UNDERSTOOD

BEFORE PURCHASING OR ENCUMBERING THE PROPERTY, AS THE SALE OR OCCUPANCY OF

THE UNITS IN VIOLATION OF THE PROVISIONS HEREIN MAY CAUSE LEGAL ACTION TO BE

TAKEN BY THE CITY OF SALINAS TO ENFORCE THE PROVISIONS AGAINST THE VIOLATOR

AND SUBJECT THE VIOLATOR TO THE PAYMENT OF ATTORNEYS FEES AND COSTS OF SUCH ENFORCEMENT.

Section 1. Definitions.

1.1 Moderate Income: Moderate Income households have an income no greater than 120% of Area Median Income. Units affordable to Moderate Income households have a maximum rent that does not exceed 30% of 110% of the Area Median Income as adjusted for household size, including a utility allowance as determined by the City.

1.2 Workforce Income: Workforce Income households have an income no greater than 160% of Area Median Income. Units affordable to Workforce Income households have a maximum rent that does not exceed 30% of 150% of the Area Median Income as adjusted for household size, including a utility allowance as determined by the City.

Section 2. Exception.

The tenant/household currently residing in the Residence on the date of this Notice and Declaration meets the definition of a Workforce Income household. Should the household income of the current tenants increase after initial occupancy following the date of this Notice and Declaration, so as to exceed 160% of Area Median Income, the rent may be increased by the Owner/Landlord to market rate rent. However, when the existing tenant/household leaves the unit, the unit shall be rented to a tenant/household that does not exceed the Moderate-Income household requirements.

Section 3. Inclusionary Housing Resale Deed Restriction Agreement.

Upon any transfer of interest or title in all or a portion of the Property containing the Residence, City will implement or require the execution and recordation of an Inclusionary Housing Resale Deed Restriction Agreement or similar instrument in accordance with City Inclusionary Housing ordinance or policy then in effect.

Section 4. Parcel Adjustment. City may seek adjustment of parcel boundary lines to create a residential parcel containing the Residence separate from Ensen Park. Any such parcel boundary adjustment wherein City owns fee title to the resulting parcels shall not be deemed a transfer of interest or title in all or a portion of the Property containing the Residence as referenced in Section 3. Following the creation of such residential parcel this Notice and Declaration may be re-re corded to limit applicability of this instrument to said residential parcel containing the Residence, rather than the entire Property. 3 EXHIBIT H: DRAFT NOTICE AND DECLARATION OF DEED RESTRICTION FOR INCLUSIONARY HOUSING Section 5. Noticing Requirements
All notices to City shall be personally delivered or sent by certified mail.

Notice to the City s hall be addressed to the Planning Manager, City of Salinas, 65 W. Alisal Street (2 nd Floor), Salinas, CA 93901.

Section 6. Order of Precedence. In the event of any conflict or inconsistency between or among the Offer to Dedicate, as amended, and this Notice and Declaration or applicable City inclusionary housing ordinance then the terms and conditions of the Offer to Dedicate, as amended shall prevail.

Section 7. Term of Restriction
The terms and conditions set forth in this Notice and Declaration shall run with and burden the Residence and Property and shall be made part of each deed subsequently recorded and shall bind each successor in interest. All obligations, terms, conditions, and restrictions imposed by this Notice and Declaration shall be deemed covenants and restrictions running with the land, shall be effective limitations on the use of the Residence and Property from the date of recordation of this document, and shall bind City and all its successors, heirs, grantees and assigns, both voluntary and involuntary. This Notice and Declaration shall benefit the State of California.

Section 8. Severability
If any one or more of the provisions contained in this Notice and Declaration shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Notice and Declaration, and this Notice and Declaration shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein.

Section 9. Amendment. No change in this Notice and Declaration shall be valid unless made in writing, s
igned by City and C onservancy, and recorded in the official records of Monterey County.

The City executes this document on the date first written above.

CITY OF SALINAS:

BY:

City Manager Date
APPROVED AS TO FORM:

BY: ___________________________
City
Attorney
EXHIBIT H: DRAFT NOTICE AND DECLARATION OF DEED RESTRICTION FOR INCLUSIONARY HOUSING 4 STATE O

F CALIFORNIA )
)
COUNTY OF __________________ )
On ___________________________, before m
e, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
____________________________________
Nam
e: _____________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Draft – Exhibit I – Assignment and Assumption

ASSIGNMENT AND ASSUMPTION OF LEASE

THIS ASS
IGNMENT AND ASSUMPTION OF LEASE is effective as of
_____________________, 20___, by and between Big Sur Land Trust, a California nonprofit public benefit corporation (“Assignor”), and City Of Salinas, a California charter city and municipal corporation (“Assignee”), with reference to the following facts:

A. Assignor, as lessor, has entered into the lease attached as Exhibit A (the “Lease”) covering certain premises located upon that certain parcel of real property situated in the City of Salinas, County of Monterey, State of California, associated with the following address: 618 Sherwood Drive, Salinas CA.

B. In connection with the Lease Assignor has received a security deposit totaling $_____ a
nd prepaid rents from the tenants under the Lease totaling $______ . Accordingly, a total of $_____ will be conveyed by Assignor to Assignee via escrow under the Conveyance Agreement (the “Prepaid Rent and Security Deposits”) assuming the close of escrow occurs on ________________; a later agreed closing may require recalculation.

C. Pursuant to the terms of that certain Conveyance Agreement entered into by Assignor, as seller, and Assignee, as buyer (the “Conveyance Agreement”), Assignor and Assignee now desire that Assignor assign and transfer to Assignee all of Assignor’s interest as lessor in the Lease and Prepaid Rent and Security Deposit, subject to the rentals, terms, covenants, obligations, easements, and restrictions set forth therein.

NOW THEREFORE, in consideration of the mutual covenants and conditions hereinbelow set forth, it is agreed:

1. Effective as of the Phase
One Closing under the Conveyance Agreement (as defined in said agreement) Assignor assigns and transfers to Assignee, all of Assignor’s right, title, and interest as lessor accruing after the Phase One Closing in and to the Lease and Prepaid Rent and Security Deposit, subject to the terms set forth in the Lease.

2. Effective as of said Ph ase One Closing Assignee hereby accepts the assignment of the Lease and Prepaid Rent and Security Deposit described in Section 1 above and shall be entitled to all rights and benefits accruing to the lessor thereunder. Assignee hereby assumes all obligations thereunder accruing after the Phase One Closing and agrees to be bound by the terms of each of the Lease, from and after the Phase One Closing.

3. Assignor hereby agrees to indemnify and hold harmless Assignee from any and all
liability, loss, cost, damage or expense (including, without limitation, reasonable attorneys’ fees) that Assignee incurs under the Lease, and from any and all claims and demands whatsoever that are asserted against Assignee by reason of any alleged obligation or undertaking or failure to perform or discharge any of the terms, covenants or agreements contained therein, arising before the Phase One Closing.

4. Assignee hereby agrees to indemnify and hold harmless Assignor from any and all liability, loss, cost, damage or expense (including, without limitation, reasonable attorneys’ fees) that Assignor incurs under the Lease, and from any and all claims and demands whatsoever that are asserted against Assignor by reason of any alleged obligation or undertaking or failure to perform or discharge any of the terms, covenants or agreements contained therein, arising on or after the Phase One Closing.

5. Assignor agrees to deliver to tenant any notice required by law (with a copy to Assignee) to inform such tenant that Assignor has transferred its interest in the Prepaid Rent and Security Deposit and the Lease to Assignee as of the date hereof. Such notice will direct each tenant to mail subsequent payments of rent to the following address:

City of Salinas
X
X
Attn: ___________

6. The provisions of this instrument shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors and assigns.

7. This Assignment and Assumption may be executed in counterparts that taken together shall constitute one and the same instrument.

8. If any legal action is brought by either Assignor or Assignee to enforce any provision of this Assignment and Assumption of Lease or is based upon any matter arising out of or related in any way to this Assignment and Assumption of Lease, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, court costs and all expenses of litigation, whether or not authorized by statute as costs, in such amounts as will be allowed by the court.

9. This Agreement will be governed by and interpreted in accordance with the laws of the State of California.

[Signatures on Following Page]

IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption of Leases as of the date set forth above.

ASSIGNOR
Big Sur Land Trust,
a California nonprofit public benefit corporation

By:

Name: ________________________
Title: _________________________

ASSIGNEE
City Of Salinas,
a California charter city and municipal corporation

By:

Name: ________________________
Title: _________________________

EXHIBIT A

TO ASSIGNMENT AND ASSUMPTION OF LEASE

Lease
[*to be attached*]

EXHIBIT J: AGREEMENT TO AMEND AND RESTATE

RIGHT OF WAY EASEMENT

CLTA Preliminary Report Form Order Number: 2714-7211373 (Rev. 11/06) Page Number: 1
First American Title

Page 1 of 14 ends

First American Title Company
California Department of Insurance License No. 2549-4
Escrow Officer: Nicole McManus
Phone: (831)293-5152
Fax No.: (866)493-5436
E-Mail: [email protected]
E-Mail Loan Documents to: Lenders please contact the Escrow Officer for email address for sending loan documents.

Buyer: TBD
Owner: The Big Sur Land Trust
Property: 618 Sherwood Drive
Salinas, CA 93906

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

EXHIBIT K: PRELIMINARY TITLE REPORT PARK
Order Number: 2714-7211373
Page Number: 2
First American Title

Page 2 of 14 ends

Dated as of December 19, 2024 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is:

To Be Determined
A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

THE BIG SUR LAND TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is:

FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:

1. Any unpaid amounts for due or delinquent utilities owed to, or resultant liens in favor of Monterey One Water.

Contact Monterey One Water at phone number 831-645-4631 or fax number 831-372-6178.

2. General and special taxes for the fiscal year 2024-2025, are unsegregated at this time. (Affects APN'S: 003-212-015; 003-212-016 AND 003-212-007)

3. The Land lies within the boundaries of proposed community facilities District No. 2014-1, as disclosed by a map filed MARCH 18, 2016 in BOOK 5, PAGE 15 of maps of assessment and community facilities districts.

4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

5. An easement for CANAL OR DITCH and incidental purposes, recorded MARCH 02, 1918 in Book 156 of Deeds, Page 211.

In Favor of: RECLAMATION DISTRICT NUMBER 1665
Affects: AS DESCRIBED THEREIN
Order Number: 2714-7211373
Page Number: 3
First American Title

Page 3 of 14 ends

The location of the easement cannot be determined from record information.

6. The terms and provisions contained in the document entitled AGREEMENT recorded APRIL 27, 1926 as BOOK 84, PAGE 42 of Official Records.

7. An easement for POLES, WIRE LINES and incidental purposes, recorded MAY 10, 1926 as BOOK 84, PAGE 132 of Official Records.

In Favor of: SIERRA AND SAN FRANCISCO POWER COMPANY
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.

8. An easement for ROAD and incidental purposes, recorded February 06, 1939 as BOOK 606, PAGE 20 of Official Records.

In Favor of: STERLING D. CARR ET AL
Affects: AS DESCRIBED THEREIN

9. An easement for RIGHT OF WAY FOR ROAD and incidental purposes, recorded JUNE 19, 1942 as BOOK 767, PAGE 391 of Official Records.

In Favor of: TOSHI HANAZONO
Affects: AS DESCRIBED THEREIN

10. An easement for ROAD and incidental purposes, recorded AUGUST 04, 1961 as BOOK 2171, PAGE 51 of Official Records.

In Favor of: ATSUKO OBATA ET AL
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.

11. An easement for PERPETUAL EASEMENT FOR ROADWAY SLOPE and incidental purposes, recorded NOVEMBER 15, 1972 as BOOK 810, PAGE 3 of Official Records.

In Favor of: SALINAS, A MUNICIPAL CORPORATION
Affects: AS DESCRIBED THEREIN

12. An easement for PUBLIC UTILITIES and incidental purposes, recorded JANUARY 16, 1987 as BOOK 2051, PAGE 922 of Official Records.

In Favor of: PACIFIC BELL, A CORPORATION
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.

13. An easement for PUBLIC UTILITIES and incidental purposes, recorded FEBRUARY 01, 1988 as BOOK 2193, PAGE 1126 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: AS DESCRIBED THEREIN
Order Number: 2714-7211373
Page Number: 4
First American Title

Page 4 of 14 ends

14. An easement for PUBLIC UTILITIES and incidental purposes, recorded MARCH 24, 1988 as BOOK 2209, PAGE 887 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.

15. An easement for PRIVATE RIGHT OF WAY FOR INGRESS AND EGRESS, 20 FEET WIDE and incidental purposes, recorded APRIL 30, 1997 as BOOK 3512, PAGE 540 of Official Records.

In Favor of: GEORGE A. COMEAU AND LUCILLE D. COMEAU
Affects: AS DESCRIBED THEREIN

16. The terms and provisions contained in the document entitled IRREVOCABLE OFFER TO DEDICATE TITLE IN FEE AND DECLARATION OF RESTRICTIVE COVENANTS recorded January 25, 2017 as INSTRUMENT NO. 2017004454 of Official Records.

17. The terms and provisions contained in the document entitled MEMORANDUM OF UNRECORDED GRANT AGREEMENT recorded January 25, 2017 as INSTRUMENT NO. 2017004455 of Official Records.

18. The terms and provisions contained in the document entitled DEED RESTRICTION recorded May 06, 2022 as INSTRUMENT NO. 2022021610 of Official Records.

19. The Terms, Provisions and Easement(s) contained in the document entitled AMENDED EASEMENT DEED AND AGREEMENT recorded May 06, 2022 as INSTRUMENT NO. 2022021611 of Official Records.

20. The terms and provisions contained in the document entitled NO-BUILD AREA RESTRICTION AND AGREEMENT recorded August 18, 2023 as INSTRUMENT NO. 2023025750 of Official Records.

21. The terms and provisions contained in the document entitled NOTICE OF RIGHT TO FARM recorded August 22, 2023 as INSTRUMENT NO. 2023026114 of Official Records.

22. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws.

Consideration for the deletion of this exception is highly fact intensive. Please contact the underwriter assigned to your file as soon as possible to discuss.

23. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.

24. Water rights, claims or title to water, whether or not shown by the Public Records.

25. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company will require the Deed of Trust to be signed before a First American approved notary.

26. Rights of parties in possession.

Order Number: 2714-7211373
Page Number: 5
First American Title

Page 5 of 14 ends

Prior to the issuance of any policy of title insurance, the Company will require:

27. The owner of the property is a California nonprofit corporation (which includes public benefit corporations, mutual benefit corporations, and religious corporations). Copies of the corporation's By- Laws and Articles of Incorporation, along with any amendments to those documents, must be provided to the Company for review, whether the corporation is selling or taking out a loan.

If a nonprofit public benefit corporation or a nonprofit religious corporation (1) is selling real property and (2) the proposed transaction contemplates the sale of all or substantially all of the seller’s assets, then the Company will require evidence that the seller has given written notice, with no objection, to the Attorney General 20 days before it sells or otherwise disposes of any real property, unless the Attorney General has given the corporation a written waiver of the notice requirement. If a nonprofit mutual benefit corporation is holding assets in charitable trust, then the Company will require evidence that the seller has given written notice, with no objection, to the Attorney General 20 days before it sells or otherwise disposes of any or all of the assets held in trust, unless the Attorney General has provided a written waiver of the notice.

If any nonprofit corporation is selling a health care facility (as defined in Section 1250 of the Health and Safety Code) to a for-profit corporation or entity or to a nonprofit corporation or entity, and the sale is not in the usual and regular course of its activities, except to the extent the sale is to an affiliate (as defined in Section 5031 of the Corporation Code) of the nonprofit corporation, then the Company will require evidence that the seller provided written notice to, and obtained written consent or a waiver of the sale by, the office of the Attorney General prior to entering into any sale agreement.

See the relevant California Statutes:

Public Benefit Corporation - Corporations Code § 5913, § 5914, and § 5920; Mutual Benefit Corporation - Corporations Code § 7913, and § 7914 ; Religious Corporation - Corporations Code § 9633 and § 9634
Order Number: 2714-7211373
Page Number: 6
First American Title

Page 6 of 14 ends

Salinas City CouncilFebruary 25, 2025

Salinas City Council
February 25, 2025