HOA.103766663.1
EXHIBIT A
Q
UITCLAIM DEED
[
To be attached]
QUIT CLAIM CONDITIONS
S
UBJECT TO:
1. All taxes, interest, penalties and assessments of record, if any.
2. C
ovenants, conditions, restrictions, reservations, easements, rights, and rights- of-way of record, if any.
3. T
he Preservation Covenant. [To be attached - See 2005 Quitclaim Deed]
4. Los
Angeles County Regional Park and Open Space District Grant Agreement for Project number P-129-16-2596 ("Tesoro Adobe Improvement Project").
5. The County's rights and responsibilities under the Reciprocal Joint Use Agreement and Conservation Easement. [To be attached]
CO
NDITIONS:
1. The condition that the Property is to be maintained for public recreation, park, historic preservation, or open space purposes only.
2. The condition that the Property shall be equally open and available to residents of incorporated and unincorporated territory, and there shall be no discrimination against or preference, gratuity, bonus or other benefits given to residents of incorporated area not equally accorded residents of unincorporated territory.
3. In the event that the Grantee is not in compliance with any of these conditions, then all right, tit le, and interest in and to the Property shall revert back to the County of Los Angeles upon providing a thirty (30) day notice to owner in possession of its failure to comply with these restrictions and without any necessity of any other affirmative action on the part of the County of Los Angeles.
HOA.103766663.1
EXHIBIT B
CITY OF SANTA CLARITA CERTIFICATE OF ACCEPTANCE
T
his is to certify that the attached interest in real property conveyed by the Quitclaim Deed dated _____________________ 2022, by the COUNTY OF LOS ANGELES, a body corporate and politic, to the CITY OF SANTA CLARITA, a municipal corporation and/or government agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Santa Clarita, and the grantee consents to the recordation thereof by its duly authorized officer.
D
ated:__________________________
B
y:_____________________________
A
pproved as to Form:
By: ______________________________ Dated: ________________________ City Attorney
HOA.103775743.1
EXHIBIT A
QUITCLAIM DEED
HOA.103768241.1 Page 1 of 3, plus Exhibits
RECORDING REQUESTED BY:
COUNTY OF LOS ANGELES
W
HEN RECORDED MAIL TO:
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Attention: Deputy City Manager
HIS DOCUMENT IS EXEMPT FROM DOCUMENTARY
TRANSFER TAX. PURSUANT TO SECTION 11922 OF THE
REVENUE & TAXATION CODE
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES
PURSUANT TO SECTION 27383 OF THE GOVERNMENT
CODE
Assessor's Parcel No.: 3244-160-900
Q
UITCLAIM DEED
T
he COUNTY OF LOS ANGELES, a body corporate and politic ("County"), on a gratis basis, and in exchange for Grantee's agreement to comply with the provisions outlined in sections A and B below, does hereby surrender, quitclaim and release to:
T
he City of Santa Clarita, a municipal corporation ("Grantee"), al
l of the County's right, title and interest in and to the described real property, ("Property") excepting all oil, gas, coal, hydrocarbons, minerals, mineral rights asphaltum and hydrocarbon substances as previously reserved in various deeds of record. And excepting all right, title and interest in and to the water, water rights or interest therein appurtenant or relating to the Property. But without reserving any right for Grantor to enter upon the surface of land.
T
he Property is located in unincorporated area planned for annexation by the City of Santa Clarita, County of Los Angeles, State of California, and is further legally described in Exhibit A incorporated herein by reference as though set forth in full.
A. S
UBJECT TO GRANTEE'S ASSUMPTION OF:
1. A
ll taxes, interest, penalties and assessments of record, if any.
2. C
ovenants, conditions, restrictions, reservations, easements, rights, and rights-of-way of record, if any.
3. T
he Preservation Covenant attached as Exhibit B.
4. Los Angeles County Regional Park and Open Space District Grant Agreement for Project number P -129-16-2596 ("Tesoro Adobe Improvement Project").
5. The
County's rights and responsibilities under the Reciprocal Joint Use Agreement and Conservation Easement attached as Exhibit D.
B. SUBJ
ECT TO THE FOLLOWING CONDITIONS:
1. The
condition that the Property is to be maintained for public recreation , park, historic preservation, or open space purposes only.
2. The
condition that the Property shall be equally open and available to residents of incorporated and unincorporated territory, and there shall be no discrimination against or preference, gratuity, bonus or other benefits given to residents of incorporated area not equally accorded residents of unincorporated territory.
3. In
the event that the Grantee is not in compliance with any of these conditions, then all right, title, and interest in and to the Property shall revert back to the County of Los Angeles upon providing a thirty (30) day notice to owner in possession of its failure to comply with these restrictions and without any necessity of any other affirmative action on the part of the County of Los Angeles.
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of ________.
GRANTOR:
County of Los Angeles
By: _________________________________
Supervisor Holly Mitchell
Chair, Board of Supervisors
ATTEST:
DEAN C. LOGAN
Register-Recorder/County Clerk
By
:__________________
APPROVED AS T O FORM:
DAWYN R HARRISON
Acting, County Counsel
By:___________________
Deputy
HOA.103768241.1
Deputy
HOA.103768241.1 Page 3 of 3, plus Exhibits
QUITCLAIM EXHIBITS:
Exhibit A: Legal Description for the Property
Exhibit B: Preservation Covenant
HOA.103766657.1
QUITCLAIM
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
Lot 5 of Tract 51644-05 in the County of Los Angeles, State of California, as per map recorded in Book 1273, Pages 7 through 16, inc lusive, of Miscellaneous Records (Maps) in the Office of the County Records of said County.
HOA.103766657.1
QUITCLAIM
Exhibit B
Preservation Covenant
E
xhibit B, Page 1 of 2
HOA.103766657.1
E
xhibit B, Page 2 of 2
HOA.103766657.1
TRANSFER AGREEMENT
EXHIBIT B
Tesoro Adobe Improvement Project Grant Agreement
Los Angeles County Regional
Park and Open Space District
Grant Agreement for Project number P-129-16-2596
HOA.103775743.1
TRANSFER AGREEMENT
EXHIBIT B
CITY OF SANTA CLARITA CERTIFICATE OF ACCEPTANCE
This is to certify that the attached interest in real property conveyed by the Quitclaim Deed dated _____________________ 2022, by the COUNTY OF LOS ANGELES, a body corporate and politic, to the CITY OF S ANTA CLARITA, a municipal corporation and/or government agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Santa Clarita, and the grantee consents to the recordation thereof by its duly a uthorized officer.
D
ated:__________________________
B
y:_____________________________
A
pproved as to Form:
By: ______________________________ Dated: ________________________ City Attorney
AS
SIGNMENT AND ASSUMPTION
OF
GRANT AGREEMENT
T
his ASSIGNMENT AND ASSUMPTION OF GRANT AGREEMENT (Assignment), dated for reference purposes only as ______________, is made by and among the LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (District), a California Special District ; Grantee (Los Angeles County Department of Parks and Recreation), a government organization; and Assignee (City of Santa Clarita , a general law city.
RECITALS
A. On J
une 7, 2016, Grantee and the District entered into Grant Agreement P129-16- 2596 (Grant Agreement), for the Tesoro Adobe Improvements Project which consisted of rehabilitation of the Ranch House Museum and other park buildings; purchase and installation of utilities, finishes; and related improvements. (Project).
B. D
ue to the transfer of ownership of the park facility , Grantee wishes to assign its obligations under the Grant Agreement to Assignee. Assignee has agreed to accept the assignment and assume the obligations as Grantee under the Grant Agreement. The District is willing to consent to this assignment and assumption subject to the terms and conditions of this Assignment.
N
OW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference into this Assignment, Grantee, Assignee, and the District hereby agree to the following:
1. A
ssignment and Assumption. Grantee hereby assigns, conveys and transfers to Assignee all right, title, interest, and obligations as Grantee under the Grant Agreement. Assignee hereby accepts such assignment and assumes and agrees to be bound by all of the terms and provisions of the Agreement and assumes all obligations of Grantee arising under the Grant Agreement.
2. C
onsent to Assignment, Assumption and Release . District consents to the assignment by Grantee to Assignee and to the assumption by Assignee of all rights, title, interest and obligations as Grantee under the Grant Agreement.
3. U
se of Real Property. It is the intent of the parties that the Property shall be used, operated, maintained and managed in accordance with the Grant Agreement. The property shall not be sold, transferred, exchanged or otherwise conveyed (including any portion of it or any interest in it) (each, a “Transfer”) except in compliance with Sections D.9 and D.10 of the Grant Agreement.
4 . Effectiveness of Assignment. This Assignment shall be deemed effective as of the date executed by the last of the parties to do so (the effective date) and shall be binding upon and inure to the benefit of the permitted successors and assigns of the respective parties. Except as ot herwise specifically provided in this Assignment, the rights and obligations of Grantee, Assignee, and the District shall be those set forth in the Grant Agreement.
5. C
ounterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.
IN WITNESS WHEREOF, District, G rantee, and Assignee have executed this Assignment and Assumption of Grant Agreement as set forth below.
Dated:
__
Dated:
__
Dated:
__
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT, a California
Special District
By:
Christina Angeles
Dist
rict Administrator
Los A
ngeles County Department of Parks and
Recreation, a government organization (Grantee)
By:
[Name]
[T
itle]
City
of Santa Clarita, a general law city
(Assignee)
By:
[Name]
[T
itle]
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting, County Counsel:
By:_______________________________
Deputy
Attachment A
HOA.103766657.1
TRANSFER AGREEMENT
EXHIBIT C
RECIPROCAL EASEMENT AND JOINT USE
AGREEMENT
RECORDING REQUESTED BY: COUNTY OF LOS ANGELES
WHEN RECORDED MAIL TO:
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Attention: Deputy City Manager
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• AMENDMENT NO. 1 TO
RECIPROCAL EASEMENT AND JOINT USE AGREEMENT
This
Amendment to the RECIPROCAL EASEMENT AND JOINT USE AGREEMENT date
d May 20, 2005 ("Agreement"), is made and entered into this ___ day of ________________, 2022, by and between the County of Los Angeles ("County"), the City
of Santa Clarita ("City"), Montalvo Properties LLC, a California limited liability company ("Montalvo Properties"), Tesor o del Valle Master Homeowners Association, a California nonprofit mutual benefit corporation ("Master Association").
Whereas, in 2005, the County, Montalvo Properties, Master Associati on entered into the Agreement regarding Tesoro Ado be Park, a public park owned and operated by the County.
Wh
ereas, the City is annexing unincorporated territory including Tesoro Adobe Park.
Wh
ereas, the County and City have agreed to transfer ownership and operation of Tesoro Adobe Park to the City.
The
refore, the Parties wish to amend the Agreement to replace the County with the City.
1. As
sumption of Rights and Responsibilities. The City agrees to assume all of County's rights and responsibilities under the Agreement.
2. Subs
titution of the County. All references to the County of Los Angeles or "County" in the Agreement, are hereby replaced with the appropriate reference to the City of Santa Clarita or "City".
3. Effe
ctive Date. The effective date of this Amendment shall be the later of the following: (1) final execution by all parties; or (2) completion of the transfer of Tesoro Adobe
4. No
Other Changes. Except as expressly set forth herein, all other terms and provisions of the Conservation Easement remain in full force and effect. / / /
IN WITNESS WHEREOF, the parties hereto have executed this Amendment by their authorized officials as of the day and year first above written.
City of Santa Clarita
By:_______________________________
Title:
APPROVED AS TO FORM
By:_______________________________
Title:
County of Los Angeles,
a body corporate and politic
By:_______________________________
Norma E. García-González,
Director Parks and Recr
eation
APPROVED AS TO FORM:
DAWYN R. HARRISON
A
cting, County Counsel:
By:_______________________________
Deputy
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
By:_______________________________
Deputy
Tesoro del Valle Master Homeowners
Association,
By:_______________________________
Title:
Montalvo Properties LLC
By:_______________________________
Title:
RECORDING REQUESTED BY:
WHEN RECORDED RETURJ\ TO:
Leven & Seligman
J 80 l Century Park East. Suite 2200
Los Angeles. CA 90067
Arm: Gary E. Leven. Esq.
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Documemary Transfer Tax $-0- (Value and consideration is less than $ I 00.00)
RECIPROCAL EASEMENT AND JOINT USE AGREEMENT
TffiS RECIPROCAL EASEMEl'ff AND JOINT USE AGREEMENT dated ____ ___ . 2003 (this "Agreement"), is made by and among Montalvo Properties LLC, a California limited liability c.ompany ("Montalvo Propert ies"). SunCal/fesoro, LLC, a Delaware limited liability company ("SunCal/fesoro") , Tesoro del Valle Master Homeowne rs Associat ion, a California nonprofit mut ual benefit corpora tion (''Maste r Association"), and the Cou nty of Los Angeles, a body corpo rate and poUtic ("County "), (Montalvo Propert ies, SunCal/fesoro. County and the Master Associat ion to be individually referred to herein as, "Party" and collectively referred 10 herein as. "Parti es"), with respect to the following:
A. Montalvo Properties, SunCal/fesoro and orher merchant builders (collectively, "Developers ") are the owners of portions of that certain real propeny ( .. Property'' ) located in the unincorporated area of the Coumy or Los Angeles ("Co un ty"). Developers imend to develop a residential community on the Prnperty robe known as Tesoro del Valle (the "Project" ).
B. In order to establish a plan for the development, maintenance. enjoyment and use of the Project. Developers have caused or will cause that certain Master Declaration of Establishment of Cond itions. Covenants and Restrictions for Tesoro del Valle (the "Declaration") to be recorded against the initial phase of the Propeny 10 be developed and it is imended that all ponions of the Propeny w jll be annexed thereto in the ordinary course of development of the Property. The Declaration provides for the formation of the Tesoro del Valle Master Homeowners Association ("Mas ter Association" ) which shall be respons ible for the management and maintenance of the Project and various pon ions of the common area ("Mas ter Common Area"), including btll not limited to. Lot 714 of Tract 51644 (referred 10 herein as, the "Master Com mon Area L ot') , all as described in the Declara1ion. As oftherec.ording of this Agreement. the Master Common Area L-01 is ei1hcr (a) owned by SunCal/fesoro and it is intended that the Master Common Area Lot will be conveyed 10 I.he Master Association. or (b) owned by the Master Association and SunCalrresoro has retained the right to eralll the nonexclusive easement over the Master Common Area Lot, as - ~ described hereinbelow.
C:\Documents and Seni ngs\espie.PAR.KS\Local Seuings\Temporary lmemet Files\OLK92\ReciprocalEase menl.05C(ifLLAD and HOA).doc l
C. County is the owner of that cen ain real propeny located in the unincorporated area of the County of Los Angeles, more particularly described on Exhibit A. attached hereto and incorporated herein by this reference (the "Historical Site"). upon which is located an adobe ranch house. fo.ur other adobe structures and one wood-frame structure (collectively. the ··Historical Structu res''). Coumy is obligated to operate, maintain and preserve the Historical Structures and the Historical Site as described in the Preservation Covenant ("Preservation Covenant" ) which was recorded against theHistDrical Site concurremly with the grant deed conveying title 10 County. By separate documemaiion. the maintenance and operation of the Historical Site and the Hiswrical Structures will be made a pan of a landscape and lighting act district ("LLAD") which has or will be fom1ed for this purpose and all owners of Project Units (as defined in the Declaration) shall be assessed by the LLAD for such maintenance and operation costS in accordance with the terms and obligations of such separate documentation. In addition. the Master Association shall pay to the County that ponion of the costs associated with tbemaimenance and operation of the Historical Site and the Historical Structures whicb arc not covered by the LL.tu). in the manner descrihed herein below.
D. Montalvo Propenies. SunCal/fesoro, the Master Association and County desire to (a) grant reciprocal nonexclusive easements over and across portions of the Historical Site and that ·portion of the Master Common Area Lot (the "Master Common Area· Easement Area"), more panicularly depicted on Exhibit B. attached hereto and incorporated l1erein by this reference, (b) provide for the joint use by the Panies hereto of the Historical Site and the Master Common Arca Easement Area, all in accordance with the ten:ns and provisions of this Agreement, and (c) provide for payment to the County by the Master Association for that po11ion of the costs associated with the maintenance and operation of the Historical Site and the Historical Structures which arc not covered by the LLAD, in the manner described hereinbelow.
NOW, THEREFORE, the Parties hereto declare that the Historical Site and the Master Common Area Lot are hereby made subject to the easements, covenants. uses. restrictions, conditions. rjghts. burdens, benefits and other agreements hereinafter described with the intention that the same shall run with tbe land and shall be binding upon the Panies and shall inure to the benefit of subscquem owners tbereof, upon and subject to the provisions J1ercof as follows:
1. Reciprocal Easements for Parkin!! and Vehicular and Pedestrian 1n!?ress and Eeress.
I. I Grant of Easements. Sw1Cal/Tesoro hereby create.s, establishes and grantS a nonexclusive easement (the "Master Common Area Easement") over aod across the Master Common Area Easement Area to and for the benefit of and as an appunenance to the Hist◊rical Site for parking purposes and vehicular and pedestrian ingress and egress. County hereby creates. establishes and grants a nonexclusive easement (the ''Historical Site Easement") over and across that portion of the Historical Site depicted on the anached Exhibit C (the "Historical Site Easement Area") to and for the benefit of and as an appunenance 10 the Ma.~terCommon Area Lot for parking purposes and vehicular and pedestrian ingress and egress. The Master Common Area Easement Area and the Historical Site Easement Area are collectively referred to herein as. the "Easement Areas·'.
The easements granted herein shall continue for as long as the Historical Site is used in accordance with Lhe tem1s and provisions of the Preservation Covenant.
1.2 Maintenance of Master Common Area Easement Area. The Master 2 C:\Documems and Seui ngs\espie.PARKSiLocal Senings \Te mporary Internet Files\OLK92\Reciproca1Ease ment.05C(if LLAD and HOA).doc Association shall at all 1imes. at its sole expense. maintain the Master Common Area Easement Area in a neat, clean. safe and attrac1ive condi tion.
1.3 No Interference. Nei!her Mas1er Association nor County shall permit any uses within the Easement Areas which materially interfere with the quiet enjoyment of. a11d access 10 and from. the His1orical Site and/or the Master Common Area Lot.
2. Joim Use.
2.1 Joint Use: Historica l She Rules. The Master Associatio n. members thereof. a11d Coumy shall all be entitled 10 joint use of the His1orical Si1e 311d the Historical Struc1ures Ioca1ed thereon, all in accordance w ith the terms and provisions of (a) this Agreement. (b) the rules and regu lations for the joint use of the Historical Site ("Historical Sile Rules" ). attached hereto as Exhibit D and incorpora1ed herein by this reference, a11d {c) the Preservation Covenant (includ ing the requirement that Coumy make lhe Historical Site open to the public on a regu lar and continuous basis in response to public demand fo r said access, but in no event less than twelve (12) days per year, and ar such other times by appointmem 10 permit persons affi liated with educationa l organiza tions, profess ional architectural associa1ions and historical societies io study the Historical Structu res. Any such public admiss ion may be subject to restrictions as reasonably designed for the protect ion and maintenance of the Histori cal Structures. Such ad.mission may also be subject to a reasonable fee. The Historical Site Rules may only be amended by the unanimous written consent of all members of the Coordinating Committee . .as defined below.
2.2 Coordinatine Committe e. County and the Mas1er Association shall fom1 a commirtee ("Coordinating Committee") which will coordinate and discuss any issues which require the coordiua tion or cooperation of tbe Parties hereto, including but not limited to. the schedul ing of events a11d use of 1he HisLOrical Site. Such Coordinating Committee will be comprised of one membe r of each of Coun ty and the Master Association and shall be fom1ed and governed i n accordance with the rules and criteria estab lisbed by its members. Notwithstand,ing lhe .abovc. the Coord inating Commirtee shall have no power to burden the Master Common Area Lot or the homeowners within the Tesoro del Valle Projec t in any manner nor to bind any Party to any obligations. other than in accordance with the temis and provisions of this Agreemen t.
2.3 Maintenance and Costs. of the Historical Site. County shall at all times maintain the Historical ·Site and all improvements thereon in a neat. clean. safe and attractive condition.
3. Pavment to Countv: Budeets and Annual Reports.
3.1 The Master Association shaJJ pay to the County that port ion of the costs associated with the maintenance and operation of the Historical Site and the Historica l Strnctures which are not covered by the LLAD, in the manner described hereinbelow. Commencing the later of botb (a} ninety (90) days after the last date of the month in which the first escrow closing within the Project occurs . and (b} that date that the interpretive center loca ted within the Historical Site is in use and opera tional and is incurring operating ex.penses ("Dues Commence ment Date"). the Master Associa tion shall pay to County an ini1ial amount equal to Ten Dollars (SJ0 .00) per montl1 per C:\Documems and Seuings\espie.PARKS\Local Settings\Temporary Internet FileslOL K92\Rec iproca1Easemen1.05C(ifL LAD and HOA).doc 3 Project Unit (as defined in lhe Declaration) which is subject to and liable for assessmems in accordance with the Declaration. wnich amount may be changed from time to time in accordance with Section 3.2 below. but in no event shall exceed a maximum of Ten Dollars ($10) per month per Proje_ct Unit which is subject to and liable for assessments in accordance with lhe Declaration ("Maste r Association Dues Subsidy ''). The initial momhJy Master Association Dues Subsidy per Project Unit shall be based on the Proposed Fiscal Year 2003/2004 Budget Estimate included in the final Engiueer' s Report for LLA District No. 4, Zone 76. Tesoro Adobe Park ("Budget "). a copy of which is attached hereto as Exhibit E and focorporated herein by this reference. and shall be determined as follows: (a) subtraeting the Total District Share (as shown on the Budget) from the Total Expenses (as shown on the Budget). (b) dividing the difference by the number of Project Units subject Lo and liable for assessments in accordance with lhe Dec.:Jaratfon on the Dues Commencemem Date. and (c) dividing that amoum by twelve (12 ).
3.2 Coumv shall distribute LO the Master Association by mail. no less than ninetv . . ; (90) days before the beginning of eacn fiscal year of County, a copy of lhe pro fonna operating budget for the Historical Site and a notice of a request of any increase or decrease in the Master Association Dues Subsidy, if applicable. to the forthcoming fiscal year based on the pro forma operating budget. The pro fom,a operating budget shall be prepared consistently with the prior fiscal year's operating (income) statement and shall include (a) an estimate of all revenue (including, but not limited to, revenue derived from the LLW and from all admission and other fees obtained in connection with rhe operation of the Historical Site) and expenses for the forthcoming fiscal year. and (b) adequate reserves for comingencies and for deferred maintenance, repair, replacemem or improvements to the lfistorical Site and Historical Structures. In addition, an annual repon shall be distributed to the Master Association within one hundred twenty (120) calendar days after the close of County's fiscal year consisting of: (a) a balance sheet as of the end of the fiscal year: (b) an operating (income) statement for the fiscal year; (c) a statement of changes in financial position for the fiscal year; (d) any information required to be reported under Cal(fornia Corporations Code Section 8322; and (e) a review of the ruinual report forthe Association prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accoumancy.
The Master Association shall have lhe righ t 10 review and approve each year. the pro forma operating budget and amrnal report for the Hiswrical Site, described hereinabove, within thirty (30) days of receipt thereof. in order to detennine whether the Master Association Dues Subsidy for lhe forthcoming fiscal year is reasonable. Further. the Master Association's obligation 10 pay the Master Association Dues Subsidy shall becomingem upon its receipt of lhe pr<> forrna operating budget and annual report eacn year. as described herein. ln the event that the Master Association shall not approve such pro forrna operating budget and annual report, the Master Association shall give the County wriu.en notice of disapproval thereof. but shall continue to pay to the County the amount of the Master Association Dues Subsidy for the prior year until such dispute is resolved; provided. however, the Master Association shall continue to assess its members the amoum of the Master Association Dues Subsidy included in the disputed proforma qperatingbudget and, depending upon the resolution of the dispute, either (a) pay the difference of the amounts actually paid to the Coumy and the dispmed total Master Association Dues Subsidy to the Counry, or (b) refund the overage to the member who paid it. as appropriate. Any dispute arising out of or in any way relating to the paymem of the Master Association Dues Subsidy or any rights and obligations contained within the Reciprocal Easement and Joim Use Agreement shall be resolved by judicial reference or arbitration in accordance with Sections 18 and 19 of this Agreement. The County hereby agrees that so long as 4 C:\Doc uments and Sen ings\espie.PARKS\Local Seni ngs\Ternporary lmemet File.s\ OLK92\Reciproca 1Easernent.05C(i f LLAD a·nd HOA ).doc the Master Association is paying any dues to the County, all monies received by the C6umy for the purposes of maintenance . repair. operarion and administration of the Historical Site shall be used exclusively for such purposes for the Historical Site.
4. Required Insurance.
4. 1 By Coumv. Coumy shall at all times maintain in full force and effect comp rehensive. broad form. general liability insurance that shall protect against claims and liability for personal injuJy. death. and/or property damage arising from the use and/or condition of the Hist◊rical Site. the improvemems tl1ereon. and/or any abutt ing public right-of-way. and it shall provide combined single limit protection of al least One Million Dollars (SJ .000.000) per occurrence with a maximum deductible of Twemy-five Rundred Dolla rs ($2.500) . Such insurance shall be carried only with responsible insurance companies licensed 10 do business in California. County shall deHver certificates periodically to the Master Association that provide evidence that such insu rance has not lapsed or been materially changed and the same is and will remain in full force and . ~ effect for at least one (I) year from the date of the certificate, it being County's obligation to ensure that tl1e Master Association always has evidence tl1at such required insurance coverage is at all times in force and effective. 1n lieu of commerc ial insurance. the County shall retain the right to self insure all or any portion of its insurance obligations herein .
4.2 By the Master Associat ion. The Master Association shall at all times and at its sole cost and expense maimain in full force and effect comprehensive. broad form. general liability insurance tliat sha ll protect against claims and liabilit y for per~onal injury, death. and/or property damage arising from the use and/or condition of the Master Common Area Easement Area. the improvements thereon. and/or any abuHing public right -of-way. and it shall provide combined single limit prmection of at least One Million Dollars (S 1.000,000)per occurrence with a maxin1Um deductib le of Twenty-five Hundred Dollars ($2.500). Such insurance shall be carried only with responsib le insurance companies licensed 10 do business in California. The Master Association shall deliver certificates periodically 10 County that prov ide evidence that such insurance has not lapsed or been materially changed and the same is and will rema in in full force and effect for at least one (1) year from the date of the ce11ificate. it being the Master Association 's obligation to ensure that County always bas evidence that such requ ired insurance coverage is at all times in force and effective.
S. Indemn ification. Each of the Parties hereto hereby indemnifies and agrees to forever save and hold harmless the other Parties hereto. and !heir respective officers. agems and emp loyees from and against any and all damages. claims, losses, demands, cos ts. expenses (includ ing reasonable auorneys' fees and cos ts )., obligations. liens, liabilities. actions and causes of action, threatened or actual. which such other Party or Parties may suffe r or incur arising directly or indirectly with respec t to any Party's obl igations pursuant to this Agreement.
6. Defaults. Remedies. lf any Pany hereto shall be in breach or defau lt of its covenants or obligatio rls under this Agreement, then prior 10 exercising any right or remedy in connect ion therewith. the nondefaull ing Party shall notify the defaulting Party of the occurrence of such breach or default. describing the pan iculars thereof. and shall demand tha1 the same be fully cured witl1in thiny (30) days after receipt of such notice. If. thereafter. such breach or default is not so fully 5 C:\Documem~ and Scnings\cspie.PARKS\Local Seuings\Temporary lmemet FileslOLK921ReciprocalEasemern.05C(irUAD and HOA).doc
cured. then the nondefaulting Pany may exercise such rights and remedies available 10 i1 at law. in equ ity and/or hereunder including. by way of example only. specific performance and compensation for any damage caused by such breach or defau lt.
7. Rights Cumula1ive. No Implied Waivers. Each of the rights and remedies available hereunder , at law or in equity are cumulative, and the exercise by any such Pany here10 of one or more of such righ1s or remedies shall 1101 preclude such Parry's exercise. at the same rime or different times. of any othe r right or remedy for the same or any other breach or default by the other Pany. No waiver of any right. remed y. breach. defau lt or other prov ision hereof sha ll be implied. and any such wa.iver shall be effective only if in writing and signed by the Pany to be charged with such wa.iver.
No waiver of any breach of any provision hereof shall be deemed a waiver of any subseque nt breach whether of the same or anotJ1er provision hereof.
8. Time of the Essence ; Construction. Time is of the essence of each and every provision hereof. Use of the neuter shall include the masculine and femin ine. the singu lar shall include the plural, and vice versa.
9. Notices. Any notice. demand or other commun ication whlch any Party may be required or m_ay wish to g.ive to another Party shall be in writing and shall be addressed to said other Pany at the address listed below. A.ny such not ice so addressed shall be deemed delivered upon receipt if delivered personally or by courier service or on the third (3rd} bus iness day after deposit into-the U.S. mail if sent by certified mail. postage prepaid, re1um receipt requested. If any Party wishes to change its address for t11e receipt of any notice hereunder. then such owner shall notify the other owner of such address change in accordance with the provisions of this Section. lf to Montah•o Properties LLC:
Montalvo Propert ies LLC
3600 Birch Strecl. Suite JOO
Newport Beach. Californ ia 92660
Fax: (949) 863-90 I 0
Anemion: Tim Collins & John Evans
with a copy LO:
Leven & Seligman
1900 Avenue of the Stars
191h Floor
Los Angeles, Califom.ia 90067
Fax: (310) 843-9353
Auem ion: Gary E. Leven . Esq.
If to SunCal/fesoro:
SunCalrresoro . LLC
5109 E. La Palma A venue
Sui teD
Anaheim. California 92807
C:\Documems and Seui ngs\e~pie.PARKS\Loc:,I Senings\Te mporary Internet Files\OLK92\ReciprocalEasement.05C(ifLLAD a.nd HOAJ.doc 6 Fax: (949) 693-6731
Anention: Bruce Elieff
with a copy 10:
SunCalffesoro. LLC
21601 Devonshire Blvd.,
Suite 116
Chatsworth. California 9131 I
Fax: (8 18) 772-2067
Anention: Frank Faye and Bob Barjam
and:
Voss, Cook & The! LLP
895 Dove Street
Suite 450
Newport Beach. California 92660
Fax: (949) 720-1508
Anention: Bruce V. Cook. Esq.
If to Countv:
Los Angeles County Department of Parks and Recreation
455 South Vem1ont Avenue
Los Angeles. CA 90020
Allention: Tim Gallagher. Director
with a copy to:
If to Master Association:
Tesoro de! Valle Master Homeowners Association
c/o Merit Propeny Manageme!Jt, Inc.
259 IO Acero Street. #200
Mission Viejo. CA 92691
Anemion: Kathy Zechmeis1er
l 0. Entire Agreement. This Agreement. together with the Exhibits a1tached hereto and forming a pan hereof, constitutes the emire agreement among lhePanies with respect 10 the mauers covered herein and supersedes any prior negmiations. understandings or agreements with respect to the matters comemplatcd hereby.
11. Exhibits Incomorated. Each of the Exhibit~ auached hereto areincorporatcdi1erein and made a part of this Agreement.
12. Amendments. Waivers in Writine. This Agreement may not be amended or altered 7 C:\Docurnents and Seuing s\espie.PAR KS\Local Setti ngs\Ternporary l111eme1 Files\OLK92\Reciproca 1Easement.05C{if LLA D and HOA).doc except by a wrinen instrument signed by eac.h of the then-owners of fee title w the Hisrorical Site and the Master Conunon Area Lot.
13. Severa bilit v. Should any term. part, ponion or pro vision of this Agreement or any applicationl1ereof to any person or circums tance be held to be illegal. inval id or in conflict with any app licable law. rule or regul ation. then the validity of the remainin g terms. pans, pon ions and provisions hereof and the application hereof to other persons o r c ircumstances shall be deemed severable, and the same shaJ! remain enforceable and valid Lo the fuJlest extent perm iued by law.
14. Covenams Runnine with the Land. The Panics hereto do hereb y agree 10 the pro visions hereof on its own behalf and on behalf of thesubsequcm owners of the Historical Si1eand the Ma.s1er Common Area Lot, it being intended that this Agreement and its provisions shall run with the land. shall be binding upon. and sha ll inure 10 the benefit of the Parties hereto and each such subs cquem owner of the Historical Site and the Master Common Area Lot.
15. Coumerpan. This Agreement may be executed in counterparts. each of which shall be an original. but all of which togethe r shall constitute one and the san1e a&'Teemem.
16. Judicial Reference. Any dispute arising out of or in any way relating to this Agreement shall be resolved by j udicial refere nce or arbitration, as descri bed in Sect ion 17 below.
The same shall be governed by and be condu cted in accordance with California Code of Civil Procedure Seel.ions 638 through 645.1 (as amended from 1ime 10 time) as well as the following provisio ns:
16.J The proceed ing shall be brought and held in the County in which the Proj ect is loca1c<l unless the parties agree to an alternate venue. The panies shall use the proced ures adopted by the Judicial Arbitration and Mediat ion Service, lnc./Endispute ("JAMS ") for judici al reference and selecti on of a referee.
16.2 The parties shall agree upon a single referee who shall have the power to try any and all of the issues raised (whether of fact or of law) which may be pertinent 10 the mane rs in dispute and IO issue a statemcm of decision thereon to the court. Any dispute regarding the selection of the referee shall be resolved by JAMS. The referee shall be authorized 10 provide all remedies available in law or equity appropriate under the circumstances other than punitive damages and the referee may require one or more pre-hearing confere nces. The parties shall promptly and diligem ly coopera re with each other and the referee and perform such acts as may be necessary for an expeditious resolution of the dispute.
l 6.3 The parties shall be entitled 10 discovery and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge . A stenographic record of the trial shall be made. provided tha1 the record shall remain confidemial except as may be necessary for post-hearing mo1ions and appeals. if any. The referee shall have the authority 10 rule on all post-hearing motions in the same maru1er as a trial judge.
16.4 The refe ree·s statement of decision shall contain findings of fac.1 and conc lusions of law 10 the ex1em applicable. Said stateme nt of decisi on upon all of the issues considered by 1hc Teferee shall be binding upon the parries and. upon fi ling of the stateme nt of 8 C:\Documents and Seuings\espie.PARKS\Local Seuin gs\Tempo rary lmemet Files\OLK92\R eciprocaIEusemcn t.0SC(if LLAD and HOA).doc decision with the clerk of the coun or with the judge where there is no clerk. judgmem rnay be emered thereon. The decision of the referee shall be appeal able.
17. Arbi1ration. Any dispute arising out of or in any way relating to this Agreement shall be resolved by judicial reference. as described in Section 16 above. or arbi1ration. as described herein below. If such panies elect 10 utilize arbitration to sen le or resolve such claim or dispute. !hen !he arbitration shall be conducted in accordance with the following provisions:
I 7. I The claimant shall be responsible for paying the ini1ial fees and costs. The arbitrator(s) shall ultimately determine. however. which of the panies shall be liable for some or all of the costs and fees of the arbitration including the initial and ongoing fees and costS-.
17.2 The arbitration shall be administered by a neutral and impanial person (the "administrator") selected by !he pany responsible for advancing the initial fees and costs pursuant hereto.
17.3 One (J) or more (but no more than three (3) neu1ral and impanial individuals shall serve as arbi1rator{s), and they shall be selected and appointed by mutual agreemem of the parties wilhin sixry (60) days from the date of 1he administrator's receipt of a writ1en request from a pany 10 arbitrate the claim or dispu1e. In selecting the arbitrator(s) and the administralor, the provisions of Ca//fomia Code of Civil Procedure Section 1297. 121 (as amended from time to time) shall apply. An arbi1rator or an administrator may be challenged for any of the grounds listed therein or in Califom ia Code of Civil Procedure Section 1297.124 (as amended from time to time).
17.4 The venue of the arbitration shall be within the County unless 1.he parties agree 10 some other loca1ion.
I 7 .5 The arbi1ra1ion shall be conducted in accordance with the Rules and Regulations of JAMS.
17.6 The arbi1ration shall commence and be concluded promptly and timely in accordance with the mies applicable thereto, but if said rules do not specify. and the panies cannot otherwise agree upon. a commencemem date. then the arbitrator(s) shall fix the same. 17 .7 The arbitrator(s) shall have the authoriry to provide for all recognized remedies available a1 law, in equi1y and hereunder for any cause of action which is lhc basis of the ai'bilr3lion. The arbitrator(s) shall. however. base any award and/or final decision on the tem1s and provisions of 1his Agreement. if applicable. an~ in any event they shall endeavor to follow the law and judicial prece.dem which a United States Districl Judge sining in the Central District of California would apply if the dispute or claim was being litigated in such coun; provided, however, tha1 nothing comained herein shall be deemed to enlarge the grounds for vacating arbi1ral awards even if. despite such endeavors. the arbhrmor(s) fail to correctly follow applicable law. l 7.8 The panies shall have the righl 10 discovery in accordance with California Code of Civil Procedure Section 1283.05 {as amended from time to time).
C:\Documems and Senings\espie.PARKS\Local Seuings\Temporary lnteme1 Files\OLK92\Reciproca1Easernent.05C(if LLAD and HOA).doc 9 IN WJTNESS WHEREOF, the Panies hereto have caused tl1is Agreemeot t0 be executed by its duly authorized officer(s). agems(s) or represemative(s) as of !he date first wrinen above.
DATED: _ ___ _
DATED: _ _ _ _ _
MONT AL VO PROPERTIES LLC,
a California limited liability company
By:
By:
Name: Joseph D. Clougherty
Title: Managing Member
Name: Bernard J. Clougherty
Title: Managing Member
"CounLy''
By:
Name: _ _ _ _ ___ ___ _ _
Title:
C:\Documenis and Sen ings\esp ie.PARKS\Loca l Settings\Temporary Internet Files\OLK92\Re ciproca1Easemenl.0SC( if LLAD a nd HOA ).doc 10 DATED: _ _ __ _
DATED: _ ___ _
Exhibits:
A: Description ofHistorical Site
SUNCAL I TESORO. LLC, a Delaware
limited liability company
By: sec Acquisitions. lnc .. a California
corporation member
By:
Name: _ _ ______ __ _
lts:
By: LB/ Lakeside Capital Panners. LLC, a
Delaware limited liability compa11y.
Member
By:
Name: _ _______ _ _ _
Its:
"Master Association"
Tesoro del Valle Master Homeowners
Association. a California nonprofit murual
benefit corporation
By:
Tille:
By:
Title:
B: Depiction of Master Common Area Easement Area
C: Depiction of Historical Site Easemem Area
D: Historical Site Rules
E: Budger
C:\Documems and Scnings\espic.PARKS\Loc;,I Se11ings\Temporary ln1eme1 Files\OLK92\Reciproca1Easement.05C(if LLAD and HOA).doc 11 STATE OF CALIFORNIA
COUNTY OF _ _ _ ____ _
)
) ss.
)
On _ ______ ______ . before me. the unders igned. a Notary Public in and for said State. personally appeared ___ ___ _______ ___ _ _ , personally known to me (or proved to me on the basis of satisfacmry evidence) Lo be !he person(s) whose name(s ) is/are subscribed 10 the within instrume!ll. and acknowledged to me !hat he/she/they executed !he same in his/her/their authorized capacity(ies). and that by his/her/their signamres on the instrumelll the person(s). or the emity upon behalf of which the person(s) acted, executed the instrume!ll.
WITNESS my hand and officia l seal.
Notary Publ ic in and for said State
STATE OF CALfFORNIA
COUNTY OF ___ _ ___ _
)
) ss.
)
On _ _ _____ ______ . before me, the undersigned. a Notary Public in and for said State, personally appeared _____ __________ ___ , persona!Jy known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscrib ed to the within instrument. and acknow ledged to me that he/she/they executed the same in his/her/the ir authorized capacity(ies). and that by his/her/their signatures on the instrument the person(s). or the entity upon behalf of which £he person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
C:\Oocumenls and Senings\espie.PARKS\Local Seuings\Temporary lniemet Files\OLK92 \Rcciproca1Easernen1.05C(if LLAD and HOA J.doc 12 SUBORDINATION BY LENDER
The undersigned (''Lender") is the current owner of and beneficiary under th.at certain deed of trust dated _ _ _ __ (the "Blanket Trust Deed ''), made by _ ___ as trustor to _____ _ __ , as trustee. that was recorded in the Official Records of Los Angeles County, California, on ____ , as lnstrumem No. ___ _ _ and cremes a lien against the [Fill in Master Common Area Lot or Hjstorical Site . as approp riate].
Lender does hereby: (I) consent to each and all of the provisions comained in the foregoing Agreemem to which this page is appended and of which this page is a part (together with all amendments, modifications. supp lements and replacements thereof or thereto whether now or hereafter made. collectively. the "Agreement" ): (2) agree that the lien and charge of the Blanket Trust Deed shall be. and is hereby made, subject. subo rdinate. and junior . in all respects. to the Agreement, which shall be remain at all times uncond itionally prior and superio r to the lien and charge of the Blanket Trust Deed; and (3) acknowledge and agree that the Blanket Trust Deed and the insm1mem(s) evidencing the obligations secured thereby shall be appropriately marked and endorsed to reflect the subordination effected hereby.
Executed by lhe duly authorized agenc(s), officer(s) or represemative(s) of Lender as of the date first wrinen above .
"Lender"
C:\Documents and Senings\espie .PARKS\Local Senings\Temporary Internet Files\OLK9:!\Reciproca1Easemen1.05C(if LLAD and HOAJ.doc 13 EXHIBIT "A"
De.scriptioo of Historical Site
Lot 5 of Trace SJ 644-05 in the County of Los. Angeles. State of California. as per map recorded in Book 1273. Pages 7 through 16, inclusive. of Miscellaneous Records (Maps) in the Office of the Counry Recorder of said Coumy.
C:\Documen1s and Senings\espie.PARKS\Local Settings\Temporary lmernet Files\OLK92\Reciproca1Easemem.05C(if LLAD a111d HOA).doc 14 EXIIlBJT ''B"
Depiction of Master Common Area Easement Area
C:\Doc uments a nd Seuings\espie.PARKS\Local Settings \Temporary Internet Files\OLK92\Re ciproca1Ease men1.05C(if LLAD and HOA) .doc 15 EXHIBIT "C"
Depiction of Historical Site Easement Area
C:\Documems and Seuings\espie.PARKS\Local Seu ings\Temporary Internet Files\OLK92\Reciproca1Ea.semcnt.05C( if LLAD aild HOAJ.doc 16 EXBJBIT "D"
Historical Site Rules
I. The County shall operate and maintain the Historical Site in a manner appropriate to a public site that is located within a residential neighborhood and adjacent to a recreational facility. The County shall further operate and maintain t.he Historical Site in accordance with the Preservation Covenant. including but not limited to. keeping the Historical Site open 10 the public on a regular and con tinuous basis in response 10 public demand for said access, but in no evem less than twcl ve ( 12) days per year. and al such other 1jmes by appoimmem to perm it persons affiUa1ed with educationa l organizations. -professional architectural associations and historical societies to srudv the Historical Structures. Any such public admission may be subject to restrictions as reason-ably designed for the pr01ec1ion and maintenance of the Hiswrical Structures. Such admission may also be subject 10 a reasonable fee. as determined by the County: provided. however. that such admission fee shall be wruvedfor members of the Master Association ("Homeowners ''). These Historical Site Rules are intended to be cvolmionary 10 facilicate a high level of maintenance and preservat ion of a unique historic resource.
2. The County. in consu ltarion with the Coordinating Conuniuee. shall be responsible to prepare and moni1or an annual master cale.ndar and IO allocate and assign equiiable use of the Historical Site by 1he Master Association and the public, including but not limited to, educational and culrural institutions. filming companies and private parties. )n the event of conflicts. prior 10 the actual booking of an event.. the following uses shall have the following priority: the interpre1ivc center shall be open 10 !he general public on the first Saturday of every tnonth. between J0:00 a.m. - 5:00 p.m. and this use shaJI have first priori1y during chis period of time. The Master Association and Homeowners shall have first priority for use during other portions of the weekends; the William S.
Han Union High School District shal l have :second priority for use during other port ions of the weekends , but shall have fi.rsl priority for use during the week for e.ducationa l programs; and other historical/cu ltural events shall nave third priority.
3. The County, in consu ltation with the Coordinating CommiHee. shall establish a list of other acceptable and compa tible uses and specify the days. limitaiions and times when appropr iate, such as: Cultural Events-Music. Recitals. Lecrures, Etc.; Fundraising Even1s: Educaiiooal Classes/fours:
Celebra1ions-Receptions. Parties. Etc.: Commercia l Ventures-Movie Production. All persons or entitie,s 1hm shall be allowed 10 use the Historica l Sire ("Users") shall be subject 10 the terms and provisions of the Histor ical Sile Rules.
4. Jn scheduling and establishing use of the Historical Site. the County. in consulta tion with the Coordi nating Committee, shall take reasonable measures to ensure that disturbances to the Homeowners arc minimized. This includes. but is nor limited 10. placing restric tions and/or limiiations on noise, traffic. hours of operation, ambient light and parking.
5. Occupancy Limi1s will be established for each specific use. suc h as: Main Ranch House view ing limited 10 thirty (30) people. Occupanc y of all other areas of 1he Historical Si te shall be lin1i1ed to the amount allowed in accordance with 1he local municipal codes.
6. All children must be accompanied by an adult ai all times.
C:\Documents and Settings\espie.PARKS\Local Semngs\Temporary lmeme1 Files\OLK92\ReciprocalEasement. 05C(ifLLAD and HOA).doc 17 7. A reasonable Rental Fee, Clean-up Fee. Coordination/Operational Fee arid Security Deposit shall be charged for use of the Historical Site in the amounts 10 be determined. except as follows:
a. The Master Association and the Homeowners shall be exempt from payment of the Rental Fee.
b. T he County shall be entitled to a waiver of the Rental Fee for two evems per year. c. All fees may be waived for imerpretative/educational uses.
In addition Lo the above. a fee may be charged for special security and/or valet parking to mitigate parJ<ing conflicts, if it is determined by the County that such fees are necessary.
All fees will be reviewed annually and revised, if appropriate.
8. Prior to the rental of the Historical Site by any User. such User shall be required to read and approve. in writing. the regulations and restrictions for use of the Historical Site. including bur not limited to:
a. limits and restriC!ions for noise abatement (i.e. use of amplified music and/or public address systems). traffic, hours of operation and ambiem light. b. clean-up requirements, including bm not limited to, removal of all trash. c. Security and Safety Instructions, the prohibition of use or entry 0 1110 the property of the Master Association and the Homeowners.
d. The hours of operation of the Historical Site shall begin no earlierthan I 0:OOPM and shall end no later than l J :00 PM on Friday and Sarurday and 9:30 PM on Sunday Thursday.
e. Use of caterers from list approved by the Coumy.
f. Other rules of conduct.
g. Obtaining parking permits for the User's guests.
9. Cenificates of Insurance and additional insured endorsements may be required by cenain Users in an amount of coverage to be determined by ihe Coumy. ln addition. each User shall be required to execute an indemnification agreement indemnifying and holding harmless the County· and the Master Association from and against any and all damages. claims. losses. demands. costs, expenses (including reasonable anomeys· fees and costs), obligations. liens, liabilities. actions and causes of action. threatened or actual. which a.rise directly or indirectly with respect co such User's use of the Historical Site.
I 0. There shall be no overnight parking within the Historical Site or the Master Common Area Easemem Area.
11. Any operation. use and/or repair of the Historical Structures must be consistent with the requirement to preserve their historical characler. No permanent changes or other alterations of the historical Structures mav be made u11less in confom1ance with the Secretarv of the Interior's , . .
Standards for Rehabilitation.
C:\Documems and Seuings\espie.PARKS\lo cal Seu ings\Temporary Internet Files\OLK92\ReciprocalEasernent.05C(if LLAD and HOA).doc 18 EXHIBIT "E"
Budget
C:\Documems and Seu ings\espie.PA RKS\Loca l Se11ings.\Temporary ln1eme1 Files\OLK92\Reciproca lEasement.05C(ifL LAD and HOA).doc 19 •
COUNTY OF LOS ANGELES
•
BOA RD OF
SUPERVISORS
OFFICIAL COPY
REQUEST FOR APPROPRIATION ADJUSTMENT Ja~'."-s- 600 - Cec DEPARTMENT OF Parks and Recreat ion February 2 1 XtlK 2005 AUDITOR·CONTROLLER .
THE FOLLOWJ N G APP,ROPRIATION AD.)USTMENT IS OEEMJ;;O NECE.SSARY &Y THIS OltPAR TMENT , WILL YOU PLEASE REPORT AS TO AC::.COUNTfNG ANO AVA IL.AS!.£ BALANCES ANO FOHWARO T O T HC: CHIEF ADMINISTR ATIVE 0F'flC l!R FOR HIS RECOMM [ NOAT'ION Oft A C'TJON ,
ADJUSTMENT REQUES TED ANO REASONS THERE F OR
FY' 2004-2005
4 - VOl'E BUDGl!.T ADJCJS'lMENT
FINANCLl>J. SOURCES: FINANCIAL USES: Tesoro Adobe Special Fund Revenue: Operating Transfer In
CAl - PK - 40530 - ~ ~"I 11 C"Q
$11 ,000.00 Increase Revenue
Tesoro Adobe Special Fund
Revenue: Reimbursement of Expense - HOA
CAl - PK - 40530 - 9846
$41,000.00 In=ease Revenue
Tesor o Adobe Special Fund
Revenue: Donations
CAl - PK - 40530 - %86
$85,000.00 Increase Revenue
Tesoro Adobe Special Fund
Services & Supplies
CAl - PK - 40530 - 2000
$137,000 .00 Increas e Appropri ation
JOSTIFICA1'ICN: To establish and provide appropriation for the operation and maintenanc e of the park.
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£ 11,000 .
CHIU ADMINISTRATJVE OFFICER'S REPORT
REFERRED TO THE CH I EF
ADMINISTRAT I VE OFF ICER FO~
✓
ACTJON
RECOMMENDATION
AUDITOR.CONTROLLER ~BccY _ _ e_~--.+-:1-'f'--.--::-::=r- No. 2-5 3 f-eb. 3 ,,,f
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UESTEO V AS REVISl!:D
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SEND 5 COPIES TO THE NJDITOR -CONTROLLER
""uacnment D
Tesoro A-dobe Park
Projected Mnual Opera11ng E.xoe.nses and Revenue
Fiscal Year
2004· 05 2005-06 2®6-07 ~ ~ 2009- 10 ~
No. ol, Assessablo EOUs (llAO) 927 1.200 1.400 1,575 1.791 1.791 1.791 Assessment pe, EDU s 57.00 s 59.00 s 61.06 s 63.20 s 65.41 s 67.70 s 70.07 No. of Assessabl:8 Property Units 700 900 1.000 1.on 1.on f,152 1.152 0122rating Regulrements
Sa:larics & Em;:ilo)·ee Benefits 41,000 167.000 1?'1.000 175,000 179.000 183.000 188.000 Services & Supplies 26,000 106,000 110,000 1 U .000 117,000 122,000 126.000 lLADAeseNe 22,000 s 30,000 s 36.000 s 42,000 s 49.000 s St,000 s 53.000 U.AO Admtnistra!Jon ~ m12:Q ?..!.&QQ ~ 37.000 ~ ~ Total Operating Requirements s 100.000 s 330,000 s 348,000 s 365.000 s 382.000 s 395,000 s 407.000 Rnanelng Sources
LU.D Priot Year End Rese(\lc s 9.000 s 91.000 s 30.000 s 36.000 s 42.000 s 49.000 s 51.000 LLAO Benelil A.ssessmen, s 53,000 s 71,000 s 85,000 $ 99.000 s 117.000 s 121.000 s 125.000 Master Association Paymems 21,000 108,000 120.000 129.000 129,000 138.000 138,000 One-, Tune Donation 85.000 Interest 1.000 2,000 2,000 2.000 2,000 3.000 3.000 Rental and Admission Fees 2,000 2.000 3.000 3.000 3.000 3.000 Toi.al Financing Soorces s 169.000 s 274.000 s Zl9.000 $ 269.000 s 293.000 s 314.000 s 320.000 Projected Net County Cost Required s !69.000) $ $6.000 s 109.000 s 96.000 s 89.000 s 81.000 s 87.000 Averag.e Net C9unty Cost S 86.333.33
Notes:
Assumes Coumy takes ownersf1ip or Park ~s of March 2005 Assumes CPI of 3.5 percent app.'ied to expenses and bcnoflr assessment