HomeMy Public PortalAboutOrdinance 1132ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF BEAUMONT AND
USEF CROSSROADS I & II, LLC
WHEREAS, City is a general law city and a municipal corporation of the State of
California; and;
WHEREAS, USEF CROSSROADS I & II, LLC ("Owner") owns approximately 126
developable acres of land, described in Exhibit "A" ("Subject Property") attached hereto and
incorporated herein by this reference also known as Assessor's Parcel Nos. 424-050-016, 018,
020, & 022, inclusive , located within an existing specific plan known as the Rolling Hills
Ranch Industrial Park Specific Plan, located south of SR-60 east of Potrero Boulevard in the
City of Beaumont; and
WHEREAS, the Subject Property is subject to the following entitlements: General
Plan Amendment 04-GPA-03, Rolling Hills Ranch Industrial Park Specific Plan, EIR and
Addendums, Parcel Map 34209 and Plot Plan 04-PP-18, all as may have been amended
("Entitlements"); and
WHEREAS, the developed portion of the site is constructed and occupied by
Wolverine on Parcel 2 located at 1020 W. Prosperity Way and Amazon on Parcel 3 located at
1010 W. Fourth Street; and
WHEREAS, the permitted uses of the Property are contained in the Beaumont
Municipal Zoning Code in section 17.50.200 ML Zone (Light Manufacturing) including
industrial uses being Trucking Terminal, Industrial Complex, Wholesale, Distribution and
Storage, Administrative Offices and Other Uses determined to be substantially similar; the
density and intensity of use is up to approximately 3 million square feet of distribution
warehouses; and
WHEREAS, the Project provides jobs and industry in the City of Beaumont; and
WHEREAS, Developer is not requesting from the City, nor is the City providing,
any form of financial assistance to locate, develop, construct and/or operate in the City of
Beaumont, and Developer agrees to comply with all conditions of approval; and
WHEREAS, to strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the economic risk of development,
the Legislature of the State of California adopted Sections 65864 et seq. of the California
Government Code, "Development Agreement Statute" which authorizes cities to enter
into property development agreements with any person(s) or entity(ies) having a legal or
equitable interest in real property for the development of such real property in order to
establish certain development rights in the real property; and
WHEREAS, this Development Agreement is intended to provide assurances to
Developer that an approved Project may proceed subject to the policies, rules, regulations,
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and conditions of approval applicable to the Project at the time of approval, regardless of
any changes to City policies, rules, and regulations after project approval, and provide
assurances that City cannot otherwise unilaterally impose conditions of approval of the
Project outside the context of the negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and
securing orderly development and occupancy of the Subject Property, assure installation
of necessary improvements, and ensure attainment of the maximum effective utilization
of resources within the City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this
Agreement is appropriate under the Development Agreement Statute and Beaumont City
Council Resolution No. 1987-34; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the
benefits to and the rights created in favor of each of the parties hereto and in reliance upon
the various representations and warranties contained herein; and
WHEREAS, City, as "Lead Agency" under the California Environmental Quality
Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully
described in this Agreement, has been fully analyzed per CEQA Guidelines under the
existing EIR and Addendum for the Project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully
set forth herein.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Amended and Restated Development
Agreement by and Between the City of Beaumont and USEF Crossroads I & II, LLC
("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and
incorporated herein by this reference, subject to the terms and conditions stated therein.
SECTION 3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted shall remain in full force and effect.
SECTION 4. EFFECTIVE DATE OF ORDINANCE
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Santos, Fenn, Martinez, White, Lara
That this Ordinance shall take effect thirty (30) days after its second reading by the
City Council.
SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the
effective date of the Ordinance.
SECTION 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Beaumont Municipal Code as heretofore adopted by the
City of Beaumont that are in conflict with the provisions of this ordinance are hereby
superseded to the extent of such inconsistency.
SECTION 7. RECORDATION OF DEVELOPMENT AGREEMENT
The City Clerk is hereby directed to record the fully executed Development
Agreement with the Riverside County Recorder no later than ten (10) days after its
execution.
SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause
the same to bepublished according to law.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular
meeting of the City Council of the City of Beaumont, California, held on the 1st day
of June, 2021, by the following roll call vote:
AYES: Santos, Fenn, Martinez, White
NOES:
ABSENT: Lara
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Beaumont, California, held on the 15th day of June, 2021.
AYES:
NOES:
ABSEN
AB
Mik-j a, a or
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Attest:
Nicole Whe: ] right, Deputy C ty lerk
Approved as to form:
Joh O Pinkney,7ity, Attorney
EXHIBIT "A"
Legal Description
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EXHIBIT "B"
Development Agreement
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RECORDING REQUESTED BY.
City of Beaumont
WHEN RECORDED MAIL TO:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attention: City Manager's Office
DOC # 2021-0411810
07/08/2021 12:15 PM Fees: $0.00
Page 1 of 20
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: NORMA #248
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
Exempt from Recording Fees Pursuant to Government Code Section 27383
APN: 424-050-016, 018, 020 & 022
STATUTORY DEVELOPMENT
AGREEMENT BY AND BETWEEN
CITY OF BEAUMONT
AND
USEF CROSSROADS I & II, LLC
This Statutory Development Agreement ("Agreement") is entered into this 1ST day of June
2021, by and between CITY OF BEAUMONT, a general law city and municipal corporation
located in the County of Riverside, State of California ("City"), and USEF CROSSROADS I,
LLC, a Delaware limited liability company. and USEF CROSSROADS II, LLC, a Delaware
limited liability company (collectively, "Developer"), pursuant to the authority of
Sections 65864 et seq. of the California Government Code and Beaumont City Council
Resolution No. 1987-34.
RECITALS:
WHEREAS, City is a general law city and a municipal corporation of the State of
California; and;
WHEREAS, Developer owns approximately 126 developable acres of land the legal
description of which is attached hereto and incorporated herein by reference in Exhibit "A"
("Subject Property") (Assessor Parcel Nos. 424-050-016, 018, 020,& 022, inclusive), subject
to an existing specific plan known as the Rolling Hills Ranch Industrial Park Specific Plan,
located south of SR-60, east of Potrero Boulevard in the City of Beaumont; and
WHEREAS, the Subject Property is subject to the following entitlements: General
Plan Amendment 04-GPA-03, Rolling Hills Ranch Industrial Park Specific Plan, EIR and
Addendums, Parcel Map 34209 and Plot Plan 04-PP-18, all as may have been amended
("Entitlements"); and
WHEREAS, the developed portion of the site is constructed and occupied by
Wolverine on Parcel 2 located at 1020 W. Prosperity Way and Amazon on Parcel 3 located at
1010 W. Fourth Street; and
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DOC #2021-0411810 Page 2 of 20
WHEREAS, the permitted uses of the Property are contained in the Beaumont
Municipal Zoning Code in section 17.50.200 ML Zone (Light Manufacturing) including
industrial uses being Trucking Terminal, Industrial Complex, Wholesale, Distribution and
Storage, Administrative Offices and Other Uses determined to be substantially similar; the
density and intensity of use is up to approximately 3 million square feet of distribution
warehouses; and
WHEREAS, the Project provides jobs and industry in the City of Beaumont; and
WHEREAS, Developer is not requesting from the City, nor is the City providing,
any form of financial assistance to locate, develop, construct and/or operate in the City of
Beaumont, and Developer agrees to comply with all conditions of approval; and
WHEREAS, to strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the economic risk of development,
the Legislature of the State of California adopted Sections 65864 et seq. of the California
Government Code, "Development Agreement Statute" which authorizes cities to enter
into property development agreements with any person(s) or entity(ies) having a legal or
equitable interest in real property for the development of such real property in order to
establish certain development rights in the real property; and
WHEREAS, this Development Agreement is intended to provide assurances to
Developer that an approved Project may proceed subject to the policies, rules, regulations,
and conditions of approval applicable to the Project at the time of approval, regardless of
any changes to City policies, rules, and regulations after project approval, and provide
assurances that City cannot otherwise unilaterally impose conditions of approval of the
Project outside the context of the negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and
securing orderly development and occupancy of the Subject Property, assure installation
of necessary improvements, and ensure attainment of the maximum effective utilization
of resources within the City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this
Agreement is appropriate under the Development Agreement Statute and Beaumont City
Council Resolution No. 1987-34; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the
benefits to and the rights created in favor of each of the parties hereto and in reliance upon
the various representations and warranties contained herein; and
WHEREAS, City, as "Lead Agency" under the California Environmental Quality
Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully
described in this Agreement, has been fully analyzed per CEQA Guidelines under the
existing EIR and Addendum for the Project.
DOC #2021-0411810 Page 3 of 20
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Statute and Beaumont City Council Resolution No. 1987-34 and in consideration
of the mutual covenants and promises of the parties contained herein, the Parties agree as
follows:
AGREEMENT:
Section 1. Incorporation of Recitals and Exhibits
The foregoing Recitals and attached Exhibits are true and correct and are incorporated
into this Agreement by this reference as though fully set forth herein.
Section 2. Effective Date
This Agreement shall become effective on the effective date ("Effective Date") of the
ordinance enacting this Agreement ("Enacting Ordinance").
Section 3. Term
The parties agree that the Term of this Agreement shall continue until terminated by
either party, commencing on the Effective Date, subject to any termination provisions
described in this Agreement ("Term").
Section 4. Project
The "Project" includes the existing development of approximately 3 million square feet
of industrial development with associated on and off -site improvements and landscaping on
the Subject Property, which consist of approximately 126 developable acres in the Rolling
Hills Ranch Specific Plan, subject to the following Entitlements: General Plan Amendment
04-GPA-03, Rolling Hills Ranch Specific Plan, EIR and Addendums, Parcel Map 34209 and
Plot Plan 04-PP-18 ("Entitlements").
Section 5. Project Site
The "Project Site" is the same as the Subject Property, which consists of approximately
126 developable acres of vacant land in the Rolling Hills Specific Plan, located south of SR-
60, east of Potrero Boulevard, in the City of Beaumont, California.
Section 6. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any
of the following events:
(a) The expiration of the Term of this Agreement; or
(b)
Entry of final judgment or issuance of a fmal order by a court of competent
DOC #2021-0411810 Page 4 of 20
jurisdiction directing City to set aside, withdraw, or abrogate City's approval of this
Agreement or any material part of the Entitlements;
(c) The effective date of City's election to terminate this Agreement in response to
an uncured default by Developer, pursuant to the terms of this Agreement.
In the event of a termination of this Agreement with respect to any portion of the Project or
Project Site, any then -existing rights and obligations of the parties under this Agreement with
respect to such portion of the Project or Project Site shall automatically terminate and be of no
further force, effect or operation. No termination of this Agreement with respect to any portion
of the Project or Project Site shall affect in any way the parties' rights and obligations hereunder
with respect to any other portion of the Project or Project Site. If City lawfully terminates this
Agreement because of Developer's default, then City shall retain any and all benefits, including
without limitation any money, improvements, structures, easements or dedications received by
City pursuant to any term or condition of this Agreement.
Section 7. Cooperation by Developer
Developer shall, in a timely manner, provide City with all documents, applications,
plans and other information necessary for City to carry out its obligations under this
Agreement and cause its planners, engineers and other consultants to do the same. Developer
also shall apply in a timely manner for such other permits and approvals from other
governmental or quasi- governmental agencies having jurisdiction over the Project or Project
Site as may be required for the development or operation of the Project or Project Site, as
contemplated by this Agreement. For the avoidance of doubt, nothing in this Agreement shall
be construed to require Developer to develop, construct, open or operate on the Project Site.
Except as provided to the contrary in Sections 23 and 24 regarding Hold Harmless and
Indemnity, Developer shall have no obligations under this Agreement for matters that occur
or obligations that arise with respect to any portion of the Project Site after it has transferred
such portion of the Project Site to another party so long as Developer has complied with
Section 17 hereof by providing notice to the City or obtaining the City's approval to the extent
required in Section 17.
Section S. Processing Fees
Notwithstanding anything else herein, Developer shall pay all applicable fees pursuant
to the Beaumont Municipal Code and established Fee Schedule in the amounts set forth in the
schedule of fees in effect at the time such fees are due and payable during the development
process. Without limiting the forgoing such fees will include grading permit fees, building
permit fees and other similar fees.
Section 9. Vested Rights and Applicable Rules, Regulations and Policies
(a) Except as otherwise provided in this' Agreement, Developer shall have the
vested right to develop the Project and Project Site pursuant to the Entitlements and the rules,
regulations, and policies governing use, density, design, improvement, construction,
maximum height and size of proposed buildings in effect on the Effective Date of this
Agreement (collectively, "Applicable Law"). It is the intent of City and Developer that the
DOC #2021-0411810 Page 5 of 20
vesting of development rights of Developer shall include the permitted land uses, density and
intensity of use of the Project Site, timing or phasing of development, zoning, and the location
and size of public improvements and other terms and conditions of development of the Project
or Project Site as set forth in the Entitlements and this Agreement. Except in the event of
termination of this Agreement under Section 6, the Entitlements associated with the Project
shall not expire prior to the end of the Term. In addition, pursuant to the City's policies, if,
prior to the expiration of the Tenn of this Agreement, Developer has completed either
Building 1 or Building 2, and all public and private improvements required in relation thereto
and an unconditional Certificate of Occupancy has been issued by City, the Entitlements
relative to such building shall have been deemed satisfied as it relates to this Agreement and
the Entitlements for the remaining building to be constructed will continue in effect as
otherwise provided in this Agreement.
(b) In accordance with Government Code Section 65866, nothing herein shall be
construed to limit City's authority in subsequent actions applicable to the Property, to apply
new rules, regulations and policies to the Project or Project Site which do not conflict with the
Applicable Law or this Agreement, nor to limit City's police power to implement, based upon
appropriate and adequate findings, specific emergency measures necessary to protect against
real and actual threats to the health, safety and welfare of the general public. Nor shall this
Development Agreement prevent the City from denying or conditionally approving any
subsequent development project application on the basis of these existing or new rules,
regulations, and policies.
(c) Notwithstanding anything to the contrary contained in this Agreement, City
shall apply to the Project or Project Site, at any time during the term of this Agreement, the
codes then in effect, as set forth in Title 15 of the Beaumont Municipal Code "Buildings and
Construction".
(d) As provided in California Government Code Section 65869.5, this Agreement
shall not preclude the application to the Project or Project Site of changes in laws, regulations,
plans or policies, to the extent that such changes are specifically mandated and required by
changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes
in the Law prevent or preclude compliance with one or more of the provisions of this
Agreement, such provisions of this Agreement shall be modified or suspended, or
performance thereof delayed, as may be necessary to comply with the Changes in the Law,
and City and Developer shall take such action as may be required pursuant to this Agreement.
(e) "Sewer flow from the Project shall be limited to the amount provided in the Sewer
Study dated June 1, 2020, prepared by Thienes Engineering, titled "SEWER AREA STUDY
AND PRELIMINARY LIFT STATION DESIGN FOR BEAUMONT CROSSROADS II
LOGISTICS", which study has been accepted by the City. The maximum sewer flow from the
Project shall not be greater than a projected cumulative 106,080 gallons per day (gpd) peak flow
at any given time, based upon estimated flow from Wolverine (or any future occupant of the
structure, including the planned Wolverine expansion Parcel 1, on APN 424-050-016 & 018) not
to exceed 55,470gpd and estimated flow from Amazon (or any future occupant of the structure
on APN 424-050-020&022) not to exceed 50,610gpd. Any actual or projected exceedance in
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DOC #2021-0411810 Page 6 of 20
the projected maximum flow generated by the Project as determined by City shall be reassessed
for sewer system impacts by City and mitigated by Developer accordingly. All sewer discharges
from the Project shall comply with the applicable provisions of law, regulations, policies and
orders including, but not limited to, those contained in the Beaumont Municipal Code". This
allocation of the sewer capacity to the Project may not be allocated by the City or the Developer
to other buildings or projects within the area and shall remain available to Developer for those
buildings only contained within this Agreement even if not being fully utilized from time -to -
time.
Section 10. Assessments, Fees, Mitigation and Exactions.
The City shall not impose any future assessment, fee, mitigation measure or
exaction on the Property, the Project or the Development Plan or any portion thereof, except
(a) those existing and proposed assessments, fees, mitigation measures and exactions in
existence on the date of this Agreement as they may be amended from time to time, (b)
such other fees, assessments and exactions as may be adopted or imposed by the City in
conformance with the requirements of Article XIII D of the California Constitution, (c)
such other development impact fees or categories of development impact fees which are
adopted on a City or County -wide basis or as required as a condition to obtaining County
funding; and (d) such other development impact fees or categories of development impact
fees which are imposed on other development projects in the City and are adopted and
levied based on a benefit assessment. Fees payable to City shall be at rates applicable on
the date the fee is paid.
Section 11. Revisions
Developer initiated revisions to the entitlements related to the Project or Project Site
shall not require an amendment to this Agreement, provided that City finds and determines
that the proposed change or modification is consistent with the development standards and
guidelines set forth in this Agreement and Applicable Laws.
Section 12. Nexus/Reasonable Relationship Challenges
Developer consents to, and waives any rights it may have now or in the future to
challenge the legal validity of, the conditions or requirements set forth in this Agreement
including, without limitation, any claim that they constitute an abuse of the police power,
violate substantive due process, deny equal protection of the laws, effect a taking of property
without payment of just compensation, or impose an unlawful tax.
Covenant Not To Sue. The Parties to this Agreement, and each of them, agree that this
Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this
Agreement, and each of them, hereby covenant and agree that each of them will not
commence, maintain, or prosecute any claim, demand, cause of action, suit, or other
proceeding against any other Party to this Agreement, in law or in equity, or based on an
allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid,
DOC #2021-0411810 Page 7 of 20
or unenforceable.
Section 13. Covenants Binding
All of the terms, provisions, and obligations contained in this Agreement shall be
binding upon the City and Developer. Notwithstanding anything set forth in this Agreement
to the contrary, during the term hereof, the Project and Project Site shall be subject to this
Agreement, and any development of any portion of the Project and Project Site shall be subject
to and in accordance with the terms of this Agreement.
Section 14. Periodic Review
City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. City will review the extent of good faith compliance
by Developer with the terms of this Agreement annually commencing on the first
anniversary ofthe Effective Date of this Agreement.
(b) Notice. City shall notify Developer in writing of the date of review at
least thirty (30) days prior thereto.
(c) Cooperation. Developer agrees to reasonably cooperate with City's
review process.
(d) Failure to Conduct Review. City's failure to conduct an annual review
of this Agreement shall not constitute a breach of this Agreement.
(e) Certificate of Compliance. If, at the conclusion of a periodic or special
review, Developer is found to be in compliance with this Agreement, City shall issue a
Certificate of Compliance ("Certificate") to Developer stating that after the most recent
periodic or special review, and based upon the information known or made known to City
that: (i) this Agreement remains in effect and (ii) Developer is not in default. City shall
not be bound by a Certificate if a default existed at the time of the periodic or. special
review, but was concealed from or otherwise not known to City, regardless of whether or
not the Certificate is relied upon by assignees or other transferees orDeveloper.
Section 15. Relationship of Parties
It is specifically understood and agreed by and among the parties hereto that the
Project is a private development and that neither party is acting as the agent of the other
in any respect hereunder. City and Developer also hereby renounce the existence of any
form of joint venture .or partnership among them, and agree that nothing contained herein
or in any document executed in connection herewith shall be construed as making City and
Developer joint venturers or partners.
Section 16. No Third Party Beneficiaries
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The only parties to this Agreement are Developer and City. There are no third -
party beneficiaries and this Agreement is not intended, and shall not be construed, to
benefit, or be enforceable by any other person whatsoever.
Section 17. Assignment of Rights
Developer shall have the right to assign or delegate all or a portion of its rights, duties
and obligations under this Agreement to subsequent fee owners of the Subject Property, (a)
by giving prior written notice to City, to any entity in which Developer, or its principal
shareholders, retain a majority ownership interest so long as such assignee expressly assumes
the obligations of Developer hereunder, and (b) with the prior written consent of the City,
which shall not be unreasonably withheld, to any other subsequent fee owner of the Project or
portion thereof. Otherwise, Developer may not assign all or any portion of its rights hereunder
nor delegate all or any portion of its duties and obligations hereunder. Notwithstanding the
foregoing provisions of this Section 17, without further approval by the City, Developer may
assign its rights and obligations hereunder, upon the conveyance of the Subject Property
within one hundred twenty (120) days after the Effective Date, to the "Assignee" defined in
the Recitals. Developer shall provide the City a copy of a written assignment of Development
Agreement to such Assignee within ten (10) days after such conveyance of the Subject
Property. When a permitted assignment has taken place pursuant to this Section 17, the
assignor shall have no further duties, obligations or rights thereafter under this Agreement
with respect to the portion of the Subject Property which is being transferred (except in
relation to matters which occurred prior to the date of such transfer as provided in Sections 23
and 24).
Section 18. Singular and Plural; Gender; and Person
Except where the context requires otherwise, the singular of any word shall include the
plural and vice versa; pronouns inferring the masculine gender shall include the feminine
gender and neuter, and vice versa; and a reference to "person" shall include, in addition to a
natural person, any governmental entity and any partnership, corporation, joint venture or any
otherform of business entity.
hereof.
Section 19. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition
Section 20. Waiver
All waivers must be in writing to be effective or binding upon the waiving party, and
no waiver shall be implied from any omission by a party to take any action with respect to an
Event of Default as defined in this Agreement. Failure by a party to insist upon the strict
performance of any of the provisions of this Agreement by the other party shall not constitute
DOC #2021-0411810 Page 9 of 20
waiver of such party's right to demand strict compliance and specific performance by the other
party in the future. In addition, no express written waiver of any Event of Default shall affect
any otherEvent of Default, or cover any period of time other than as specified in such express
waiver.
Section 21. Amendments
This Agreement may be amended from time to time by mutual consent of the original
parties or their successors in interest, with City's costs payable by amendment applicants, in
accordance with the provisions of Government Code Sections 65867 and 65868 and City's
adopted procedures and requirements for the consideration of amendments to development
agreements. Minor revisions, as described above, shall not require an amendment to this
Agreement.
Section 22. Ambiguities or Uncertainties
The parties hereto have mutually negotiated the terms and conditions of this
Agreement and each party received independent legal advice from its attorneys with respect
to the advisability of executing this Agreement and the meaning of the provisions contained
herein. As such, this Agreement is a product of the joint drafting efforts of both parties and
neither party shall be deemed to have solely or independently prepared or framed this
Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in
favor of either party.
Section 23. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless City, city
council, commissions, boards, subcommittees and City's elected and appointed officials,
commissioners, board members, officers, agents, consultants and employees ("City Parties")
from, any and all claims, costs and liability for any damages, personal injury or death, which
may arise, directly or indirectly, from Developer's or Developer's officers', agents',
consultants', employees', contractors' or subcontractors' negligent, willful or reckless conduct
performed under or with respect to this Agreement. Developer shall have no obligations under
this Section 23 (except in relation to matters which occurred prior to the date of such transfer)
with respect to any portion or all of the Subject Property after it has transferred and conveyed
its fee interest in such portion or all of the Subject Property to a third party.
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DOC #2021-0411810 Page 10 of 20
Section 24. Indemnification
Developer shall defend, indemnify and hold harmless City, city council, commissions,
boards, subcommittees and City's elected and appointed officials, commissioners, board
members, officers, agents, consultants and employees ("City Parties") from and against any
and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental
thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or
all of them may suffer, incur, be responsible for or pay out as a result of or in connection with
any challenge to the legality, validity or adequacy of any of the following items: (i) this
Agreement and the concurrent and subsequent permits, licenses and entitlements approved by
City; (ii) any environmental determination made by City in connection with the Project,
Project Site or this Agreement; and (iii) any proceedings or other actions undertaken by City
in connection with the adoption or approval of any of the above. In the event of any
administrative, legal, equitable action or other proceeding instituted by any third party
(including without limitation a governmental entity or official) challenging the legality,
validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually
cooperate with each other in defense of said action or proceeding. Notwithstanding the above,
City, at its sole option, may tender the complete defense of any third -party challenge as
described herein. In the event City elects to contract with special counsel to provide for such
a defense, City shall meet and confer with Developer regarding the selection of counsel, and
Developer shall pay all costs related to retention of such counsel by City. Developer shall
have no obligations under this Section 24 (except in relation to matters which occurred prior
to the date of such transfer) with respect to any portion or all of the Subject Property after it
has transferred and conveyed its fee interest in such portion or all of the Subject Property to a
third party.
Section 25. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay, Developer
and City shall be excused for performance of their obligations hereunder during any period of
delay caused by acts of God or civil commotion; major acts of terrorism occurring in the
United States of America, riots, strikes, picketing, or other labor disputes; shortage of
materials or supplies; damage to or prevention of work in process by reason of fire, floods,
earthquake, or other casualties; litigation, restrictions imposed or mandated by governmental
or quasi -governmental entities; and/or enactment of conflicting provisions of the
Constitution, laws of the United States of America, the State of California, or any codes,
statutes, regulations or executive mandates promulgated thereunder. If written notice of
such delay is given to either party within thirty (30) days after the commencement of such
delay, an extension of time for such cause shall be granted in writing for the period of the
delay, or longer as may be mutually agreedupon,
Section 26. Events of Default
A default under this Agreement shall be deemed to have occurred upon the
happening of one or more of the following events or conditions: (i) a warranty,
representation, or statement made or furnished by Developer expressly in this Agreement
10
DOC #2021-0411810 Page 11 of 20
to City or by City to Developer is false or proves to have been false in any material respect
when it was made, or (ii) a finding by City made following a periodic review of the
Agreement under the procedure provided in this Agreement, based on substantial
evidence, that Developer has not complied in good faith with one or more of the terms or
conditions of this Agreement, or (iii) Developer's failure to perform any of its material
obligations under this Agreement (each an "Event of Default"). Upon the occurrence of
an Event of Default by Developer or City, the non -defaulting party shall provide the other
party thirty (30) calendar days written notice specifying the nature of the alleged default
and the manner in which said default may be satisfactorily cured ("Notice of Default").
Subject to any extensions of time by mutual consent of the parties in writing, and subject
to the provisions of Sections 25 and 31 of this Agreement, the failure or unreasonable
delay by either party to perform any material term or provision of this Agreement for a
period of thirty (30) days after the receipt of a written notice of default from the other party
shall constitute a default under this Agreement. If the nature of the alleged default is such
that it cannot reasonably be cured within such thirty (30) calendar day period, the
commencement of the cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure within such period. Any Notice of Default
given hereunder shall specify in detail the nature of the alleged Event of Default and the
manner in which such Event of Default may be satisfactorily cured in accordance with the
terms and conditions of this Agreement. During the time periods herein specified for cure
of an Event of Default, the party charged therewith shall not be considered to be in default
for purposes of termination of this Agreement, institution of legal proceedings with
respect thereto, or whether any further building permits shall be issued with respect to the
Project Site.
Section 27. No Ministerial Permits upon DeveloperDefault
No ministerial permits, such as but not limited to building permits and grading
permits, shall be issued nor shall any applications for such ministerial permits be accepted
for any structure or improvement for the Project or on the Project Site during the course
of any default proceedings initiated by City until after it has been determined Developer
is not in default or until such default is cured by Developer or is waived by City.
Section 28. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the
State of California.
Section 29. Venue
In the event that suit is brought by either party to this Agreement, the parties agree that
venue shall be exclusively vested in the State courts of the County of Riverside, California or
where appropriate, in the United States District Court, Southern District of California,
Riverside, California.
11
DOC #2021-0411810 Page 12 of 20
Section 30. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, the parties
acknowledge that neither would have entered into this Agreement had either been exposed to
damage claims for any breach hereof. As such, the parties agree that in no event shall either
party be entitled to recover monetary damages of any kind whatsoever (other than the recovery
of costs and attomey's fees pursuant to the terms of this Agreement or applicable law) against
the other for breach of this Agreement.
Section 31. Legal Action; Attorneys' Fees
Either party may, in addition to any other rights or remedies, institute legal action to
cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any
threatened or attempted violation hereof, or enforce by specific performance the obligations
and rights of the parties hereto. The prevailing party in any such action shall be entitled to its
reasonable attorneys' fees and costs to be paid by the losing party.
Section 32. Notices
Any notice or communication required hereunder among City and Developer shall be
in writing, and may be given either personally or by registered mail, return -receipt requested.
Notice, by personal delivery, shall be deemed to have been given and received on the actual
receipt by any of the addressees designated below as the party to whom notices are to be sent.
Notice by registered mail shall be deemed to have been received when delivered by the US
Mail service to the recipient. Any party hereto may at any time, upon written notice to the
other party hereto, designate any other address in substitution of the address to which such
notice or communication shall be given. Such notices or communications shall be given to
the parties at their addresses set forth below:
To City:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attention: Community Development Director
To Developer:
USEF Crossroads I & II, LLC
USAA Real Estate Company
9830 Colonnade Blvd., Suite 600
San Antonio, TX 78230
Attn: Lange Allen
E-mail: lane e. allen(arusrealco. com
12
DOC #2021-0411810 Page 13 of 20
Section 33. Consistency of Entitlements withAgreement
The parties hereto acknowledge that it is their intention that all terms, conditions and
obligations of any and all entitlements related to the Project Site and/or Project, or arising from
this Agreement shall be consistent with, or at minimum, shall not conflict with, the terms,
provisions and obligations of this Agreement.
Section 34. Partial Invalidity Due to Governmental Action
In the event state or federal laws or regulations enacted after the Effective Date, or
formal action of any governmental entity other than City, prevent compliance with one or more
provisions of this Agreement, or require changes in plans, maps or permits approved by City,
the parties agree that the provisions of this Agreement shall be modified, extended or
suspended only to the minimum extent necessary to comply with such laws or regulations.
Section 35. Further Actions andInstruments
The parties agree to provide reasonable assistance to the other and cooperate to carry
out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly
execute and deliver all documents and perform all acts as necessary to can-y out the matters
contemplated by this Agreement.
Section 36. Entire Agreement
This Agreement and the exhibits attached hereto contain all the representations and the
entire agreement between the parties with respect to the subject matter hereof. Except as
otherwise specified in this Agreement and the exhibits attached hereto, any prior
correspondence, memoranda, warranties, representations and agreements unless otherwise
provided in this Agreement, are superseded in total by this Agreement and the exhibits
attached hereto.
Section 37. Severability
If any term, provision, covenant or condition of this Agreement is repealed by
referendum or is held by a court of competent jurisdiction or an authorized government
enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of
this Agreement shall continue in full force and effect, unless enforcement of this Agreement
as so invalidated would be unreasonable or grossly inequitable under all the circumstances or
would frustrate the purposes of this Agreement.
Section 38. Authority to Execute Agreement
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DOC #2021-0411810 Page 14 of 20
The person or persons executing this Agreement on behalf of Developer and City
warrant and represent that they have the authority to execute this Agreement and the authority
to bind Developer and City, as applicable, to the performance of their respective obligations
hereunder.
Section 39. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is
deemed to be an original, and all of which when taken together shall constitute one and the
same instrument.
Section 40. Recordation
In order to comply with Section 65868.5 of the Development Agreement Statute, the
parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with
the Riverside County Recorder's Office within ten (10) days after the Enacting Ordinance
takes effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the dates written above.
14
DOC #2021-0411810 Page 15 of 20
USEF CROSSROADS I, LLC, a Delaware limited liability company
BY: USAA EAGLE REAL ESTATE MULTI -SECTOR
OPERATING PARTNERSHIP, LP, a Delaware limited partnership,
its managing member
By: USAA Ea OP GP, LLC,
a Delaw:united liabi i
By:
Name:
Title: Executive Ma9i9 Der
y, its general partner
Date Signed:
STATE OF TEXAS
COUNTY OF BEXAR
Personally appeared before me, Ann .qr t61 6 , Notary Public,
3f'unv C • 4e trsen , wl whom I am p ally acquainted, and who
acknowledged that he executed the within instrument for the purposes therein contained, and who further
acknowledged that he is th Q�, f USAA Eagle OP GP, LLC, a Delaware limited
liability company, general partner of US,A -. agle Real Estate Multi -Sector Operating Partnership, LP, a
Delaware limited partnership, managing member of USEF CROSSROADS I, LLC, a Delaware limited
liability company and is authorized to execute this instrument.
WITNESS my hand, at office, this 7 day of 5U11� , 2021.
MARY ANN SANTIAGO
Notary Public, State of Texas
My Comm. Exp.11-04-2024
ID No. 13276396-3
16
Notary `#'t: lic
My Commission Expires:
065611.00522 363652 vl
DOC #2021-0411810 Page 16 of 20
USEF CROSSROADS IL LLC,
a Delaware limited liability company
By: USAA Eagle Real Estate Multi -Sector Operating Partnership, LP,
a Delaware limited partnership, its managing member
By: USAA e OP GP, LLC
a Del • ,y a limited liabil'
By:
Name:
Title:
Date Signed:
STATE OF TEXAS
COUNTY OF BEXAR
any, its general partner
Rn»r e C Petersen
Examine Managing piper
Personally appeared before me, Ma Ann ,n-a,'.4t4 , Notary Public,
liuc ' C- . .�C_ w whom I am pers5111411y acquainted, and who
acknowledged that he executed the within instrument for the purposes therein contained, and who further
acknowledged that he is thtner of i Jf1t! SAA Eagle OP GP, LLC, a Delaware limited
liability company, general parUSA?le ° Real Estate Multi -Sector Operating Partnership, LP, a
Delaware limited partnership, managing member of USEF CROSSROADS II, LLC, a Delaware limited
liability company and is authorized to execute this instrument.
WITNESS my hand, at office, this day of cit.(Ile , 2021.
MARYANN SANTIAGO
Notary Public, State of Texas
My Comm Exp. 11-04-2024
ID No. 13276396-3
17
otablic
My Commission Expires: (I - "+,26.2
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DOC #2021-0411810 Page 17 of 20
Exhibit "A"
Tract 1:
PARCEL "B" AS SHOWN ON EXHIBIT "B" TO LOT LINE ADJUSTMENT NO. 16-LLA-
002, RECORDED MAY 31, 2016, AS INSTRUMENT NO. 2016-0221815 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL 2, OF PARCEL MAP NO. 34209, IN THE CITY OF
BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 233, PAGES 81 THROUGH 85 INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE
NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID PARCEL 2
WITH A LINE PARALLEL WITH AND DISTANT 229.97 FEET EASTERLY,
MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID PARALLEL LINE, SOUTH 02° 23' 07" WEST, 1065.16 FEET TO
THE NORTHERLY RIGHT OF WAY LINE OF PROSPERITY WAY (78.00 FEET WIDE),
AS SHOWN ON SAID PARCEL MAP NO. 34209;
THENCE ALONG LAST SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 87° 36' 53"
EAST, 1297.61 FEET TO THE BEGINNING OF A TANGENT CURVE IN LAST SAID
NORTHERLY RIGHT OF WAY LINE, CONCAVE NORTHERLY AND HAVING A
RADIUS 489.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°
13' 38" AN ARC LENGTH OF 61.68 FEET;
THENCE TANGENT TO SAID CURVE ALONG LAST SAID NORTHERLY RIGHT OF
WAY LINE, NORTH 85° 09' 29" EAST, 272.23 FEET TO THE EASTERLY LINE OF SAID
PARCEL 2;
THENCE ALONG SAID EASTERLY LINE OF PARCEL 2, NORTH 00° 29' 47" WEST,
1004.85 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 86° 46' 09" WEST,
15.00 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00° 29' 47" WEST,
23.26 FEET TO SAID NORTHERLY LINE OF PARCEL 2;
THENCE ALONG SAID NORTHERLY LINE OF PARCEL 2, NORTH 87° 36' 53" WEST,
1562.51 FEET TO THE POINT OF BEGINNING.
Tract 2:
PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 16-LLA-002, AS
EVIDENCED BY DOCUMENT RECORDED MAY 31, 2016 AS INSTRUMENT NO. 2016-
0221815 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: PARCEL 1 AND A PORTION OF PARCEL 2, OF PARCEL MAP NO. 34209,
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
18
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DOC #2021-0411810 Page 18 of 20
PER MAP FILED IN BOOK 233, PAGES 81 THROUGH 85 INCLUSIVE OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
WITHIN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
NORTHERLY LINE OF SAID PARCEL 2 WITH A LINE PARALLEL WITH AND
DISTANT 229.97 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE
WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE,
SOUTH 02° 23' 07" WEST, 1065.16 FEET TO THE NORTHERLY RIGHT OF WAY LINE
OF PROSPERITY WAY (78.00 FEET WIDE), AS SHOWN ON SAID PARCEL MAP NO.
34209; THENCE ALONG LAST SAID NORTHERLY RIGHT OF WAY LINE, NORTH 87°
36' 53" WEST, 871.62 FEET TO THE BEGINNING OF A TANGENT CURVE IN LAST
SAID NORTHERLY RIGHT OF WAY LINE, CONCAVE NORTHERLY AND HAVING A
RADIUS 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17° 12' 31" AN ARC LENGTH OF 30.03 FEET; THENCE
TANGENT TO SAID CURVE ALONG LAST SAID NORTHERLY RIGHT OF WAY LINE,
NORTH 70° 24' 22" WEST, 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 61.00 FEET; THENCE
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67° 27' 57" AN
ARC LENGTH OF 71.83 FEET TO THE NORTHERLY LINE OF LOT "G" AS SHOWN ON
SAID PARCEL MAP NO. 34209; THENCE ALONG SAID NORTHERLY LINE OF LOT
"G", NORTH 87° 36' 53" WEST, 100.62 FEET TO THE EASTERLY LINE OF LOT "I" AS
SHOWN ON SAID PARCEL MAP NO. 34209; THENCE ALONG SAID EASTERLY LINE
OF LOT "I", NORTH 01 ° 23' 48" WEST, 1002.52 FEET TO THE NORTHERLY LINE OF
SAID PARCEL 1, SAID NORTHERLY LINE ALSO BEING ON THE SOUTHERLY LINE
OF MORENO VALLEY FREEWAY, AS SHOWN ON SAID PARCEL MAP NO. 34209;
THENCE ALONG SAID NORTHERLY LINE OF PARCEL 1, SOUTH 88° 06' 53" EAST,
116.17 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 1,
SOUTH 79° 09' 57" EAST, 279.43 FEET TO THE BEGINNING OF A TANGENT CURVE
IN SAID NORTHERLY LINE OF PARCEL 1, CONCAVE NORTHERLY AND HAVING A
RADIUS OF 425.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°
30' 19" AN ARC LENGTH OF 218.86 FEET; THENCE TANGENT TO SAID CURVE
ALONG SAID NORTHERLY LINE OF PARCEL 1, NORTH 71° 19' 44" EAST, 156.05
FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID NORTHERLY LINE OF
PARCEL 1, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 375.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 °
03' 23" AN ARC LENGTH OF 137.81 FEET; THENCE CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 1 AND SAID NORTHERLY LINE OF PARCEL 2,
SOUTH 87° 36' 53" EAST, 292.60 FEET TO THE POINT OF BEGINNING. PARCEL 2:
NON-EXCLUSIVE EASEMENTS FOR ROADWAYS, UTILITIES & OTHER PURPOSES
AS CREATED BY THAT CERTAIN DOCUMENT ENTITLED "DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR CROSSROADS LOGISTIC
CENTER AN INDUSTRIAL COMMON INTEREST DEVELOPMENT" RECORDED JUNE
14, 2016 AS INSTRUMENT NO. 2016- 0243325 AND AMENDED BY THAT CERTAIN
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DOC #2021-0411810 Page 19 of 20
"FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR CROSSROADS LOGISTIC CENTER" RECORDED OCTOBER 19,
2018 AS INSTRUMENT NO. 2018- 0414545 BOTH OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR
EMERGENCY ACCES, INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN
EMERGENCY ACCESS EASEMENT GRANT AND AGREEMENT" RECORDED JUNE
15, 2016 AS INSTRUMENT NO. 2016- 0244428 OF OFFICIAL RECOORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
Tract 3:
PARCEL A AS SHOWN ON CERTIFICATE OF PARCEL MERGER NO. 19-M-005, AS
EVIDENCED BY DOCUMENT RECORDED OCTOBER 07, 2019 AS INSTRUMENT NO.
2019-0401443 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCELS 3 AND 4 OF PARCEL MAP NO. 34209, IN THE CITY OF BEAUMONT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK
233, PAGES 81 THROUGH 85 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH LOT "C" OF SAID
PARCEL MAP NO. 34209 VACATED BY RESOLUTION NO. 2018-30 - NOTICE OF
STREET VACATION NO. 18-SV-004 BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, RECORDED OCTOBER 19, 2018 AS DOCUMENT NO. 2018-0414547, OF
OFFICIAL RECORDS OF SAID COUNTY, ALL LYING WITHIN THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 87° 36' 53" EAST, 726.11 FEET
TO THE WESTERLY CURVED LINE OF SAID LOT "C", BEING THE BEGINNING OF A
NON -TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 961.00
FEET, A RADIAL LINE TO SAID BEGINNING OF NON -TANGENT CURVE BEARS
SOUTH 85° 25' 24" EAST; THENCE ALONG THE WESTERLY LINE OF SAID LOT "C"
THE FOLLOWING THREE (3) COURSES:
1) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 00'
23", AN ARC LENGTH OF 50.43 FEET;
2) SOUTH 07° 34' 59" WEST, 81.37 FEET;
3) SOUTH 51 ° 04' 05" WEST, 23.55 FEET TO THE NORTHERLY CURVED LINE OF 4TH
STREET (100.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 34209, BEING
THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 1,150.00 FEET; A RADIAL LINE TO SAID BEGINNING OF
NON -TANGENT CURVE BEARS NORTH 04° 49' 54" EAST;
THENCE ALONG SAID NORTHERLY LINE OF 4TH STREET THE FOLLOWING FIVE
(5) COURSES:
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065611.00522 363652 vl
DOC #2021-0411810 Page 20 of 20
1) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16° 46' 49",
AN ARC LENGTH OF 336.80 FEET;
2) SOUTH 68° 23' 17" EAST, 589.00 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,050.00 FEET;
3) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 20° 50' 09",
AN ARC LENGTH OF 381.84 FEET;
4) SOUTH 89° 13' 26" EAST, 499.45 FEET;
5) NORTH 46° 19' 53" EAST, 26.61 FEET TO THE WESTERLY LINE OF DISTRIBUTION
WAY (78.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 32409;
THENCE ALONG SAID WESTERLY LINE OF DISTRIBUTION WAY THE FOLLOWING
FIVE (5) COURSES:
1) NORTH 00° 29' 47" WEST, 625.48 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 639.00 FEET;
2) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 02'
37", AN ARC LENGTH OF 268.15 FEET TO THE BEGINNING OF A TANGENT
REVERSE CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 561.00 FEET,
A RADIAL LINE TO SAID BEGINNING OF TANGENT REVERSE CURVE BEARS
SOUTH 66° 27' 10" EAST;
3) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28° 23'
21", AN ARC LENGTH OF 277.97 FEET;
4) NORTH 04° 50' 31" WEST, 60.21 FEET;
5) NORTH 51° 02' 01" WEST, 27.46 FEET TO THE SOUTHERLY LINE OF PROSPERITY
WAY (78.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 34209;
THENCE ALONG SAID SOUTHERLY LINE OF PROSPERITY WAY THE FOLLOWING
SIX (6) COURSES:
1) SOUTH 85° 09' 29" WEST, 65.88 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 567.00 FEET;
2) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07° 13' 38",
AN ARC LENGTH OF 71.52 FEET;
3) NORTH 87° 36' 53" WEST, 2,169.23 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET;
4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17° 12' 31",
AN ARC LENGTH OF 30.03 FEET;
5) SOUTH 75° 10' 35" WEST, 50.00 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 61.00 FEET;
6) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67° 27' 57",
AN ARC LENGTH OF 71.83 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT
"F" OF SAID PARCEL MAP NO. 34209, A RADIAL LINE TO SAID POINT BEARS
SOUTH 52° 38' 32" WEST;
THENCE ALONG SAID SOUTHERLY LINE OF LOT "F", NORTH 87° 36' 53" WEST,
95.47 FEET TO THE WESTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID
WESTERLY LINE OF PARCEL 4, SOUTH 01° 23' 48" EAST, 796.71 FEET TO THE
POINT OF BEGINNING.
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