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HomeMy WebLinkAbout01 PUBLIC HEARING - SOCCCD VALENCIA PARCEL AGREEMENT (CD)0 �. * AGENDA REPORT W MEETING DATE: TO FROM: JUNE 17, 2014 JEFFREY C. PARKER, CITY MANAGER Agenda Item 1 Reviewed: City Manager Finance Director A CITY MANAGER'S OFFICE AND COMMUNITY DEVELOPMENT SUBJECT: DEVELOPMENT AGREEMENT (DA) 2014 -002 (AMENDMENT #1 TO DA 2013 -002) AND VALENCIA PARCEL AGREEMENT BETWEEN THE CITY AND SOCCCD SUMMARY: This is a proposed agreement between the City of Tustin (City) and the South Orange County Community College District ( SOCCCD) called the Agreement Concerning Valencia Parcel between the City and SOCCCD (the "Valencia Agreement "). The Valencia Agreement delineates the terms and processes associated with City's acquisition of two properties comprised of 5.1 acres of property within Planning Area 1 of Tustin Legacy. On April 23, 2013 and May 13, 2013, the Planning Commission and the City Council respectively approved various entitlement applications including DA 2013 -002 to facilitate a property exchange between SOCCCD and the City affecting 89 acres of property at the former Marine Corps Air Station (MCAS) Tustin (the "Exchange "). The objectives of the Exchange were to: rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD; provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan; and enhance circulation in the area by improving east -west connectivity between the existing Red Hill and Armstrong Avenues. Pursuant to the Exchange, the City and SOCCCD agreed to negotiate in the future the ultimate disposition of a 4.53 -acre parcel (Site A: Planning Area 1 -E) to potentially accommodate a future park site and since that time, the parties also negotiated the City's acquisition of a remnant strip of land (Site B: portion of Planning Area 1 -H) to be used for entry monumentation and landscaping for Tustin Legacy and /or other permitted uses under the MCAS Tustin Specific Plan. The parties negotiated the Valencia Agreement outlining the terms of Site A's disposition and the City's acquisition of Site B and on May 27, 2014, the Planning Commission adopted Resolution No. 4257 determining that the proposed disposition and acquisition is in conformance with the approved General Plan, and adopted Resolution No. 4258 recommending that the City Council approve DA 2014 -002, amendment #1 to the approved DA 2013 -002 to effectuate the Valencia Parcel Agreement. Applicants: SOCCCD City of Tustin 28000 Marguerite Parkway 300 Centennial Way Mission Viejo, CA 92692 Tustin, CA 92780 City Council Report Valencia Parcel Agreement June 17, 2014 Page 2 Property Owners: SOCCCD and U.S. Department of Navy Location: Site A: a 4.5 -acre parcel within Planning Area 1 -E and Site B: a 0.57 -acre parcel within a portion of Planning Area 1 -H, Neighborhood A of the MCAS- Tustin Specific Plan, which is commonly referred to as Tustin Legacy. More Specifically, Site A is North of Valencia Avenue, West of Severyns Road, East of Lansdowne Drive. Site B is North of the Village of Hope, South of Valencia Avenue, East of Red Hill Avenue and West of Hope Drive. General Plan: MICAS Tustin Specific Plan Zoning: MICAS Tustin Specific Plan Environmental: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the Reuse and Disposal of MICAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS /EIR. On May 13, 2013, the City Council adopted Resolution No. 13- 32 approving a Second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addendums and Supplement is a program EIR under the California Environmental Quality Act (CEQA).the FEIS /EIR, addendums and supplement are considered potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist has been prepared for the project and concludes that the proposed project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. RECOMMENDATION: That the City Council: 1. Introduce and have a first reading of Ordinance No. 1443, approving DA 2014 -002, an amendment #1 to the approved DA 2013 -002 to effectuate the disposition of approximately 5 acres of land comprised of two parcels (Sites A and B) from SOCCCD to the City; 2. Adopt Resolution No. 14 -48, approving the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD for the disposition and acquisition of certain property within Planning Area 1 of MICAS Tustin Specific Plan; and, 3. Approve an appropriation in an amount not to exceed $600,000 from the unappropriated reserves of the Land Held for Resale Fund (Fund 189) for Fiscal Year 2013 -2014 to fund the City's financial obligations pursuant to the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD. City Council Report Valencia Parcel Agreement June 17, 2014 Page 3 FISCAL IMPACT: An amount not to exceed $1,100,000, which will be funded from a combination of a cost credit ($500,000) agreed to in the Exchange and up to $600,000 from the Land Held for Resale Fund (189- 80 -00- 6010), which includes $1,000,000 for the land acquisition plus up to $100,OOO.for SOCCCD's legal, consulting, and closing fees. The Valencia Agreement includes the termination of the previous McCain Smith Agreement that will result in a cost savings to the City of $500,000. CORRELATION TO THE STRATEGIC PLAN: The Valencia Agreement will further the City's goal of Economic and Neighborhood Development by enabling the completion of the Tustin Legacy Park master plan and with a more logical and enhanced park design. APPROVAL AUTHORITY Development Agreement: The MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. Pursuant to Tustin City Code (TCC) Section 9607, the Planning Commission shall consider the Development Agreement and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to TCC Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify or disapprove the Development Agreement. Pursuant to TCC Section 9614, the Development Agreement shall be approved by the adoption of an ordinance. • Valencia Parcel Agreement Pursuant to Government Code Section 65402, no real property shall be acquired, disposed of, no public building shall be constructed or authorized, until such acquisition, disposition or construction or authorization of public building have been determined by the Planning Agency (Planning Commission) to be in conformity to the City's General Plan. Pursuant to Government Code section 37350, the City may acquire and dispose of real property that has not been declared surplus in the manner it chooses for the common benefit of the City. The acquisition of real property must further a purpose for which the City is formed. PROJECT DESCRIPTION: The City Council is being asked to approve two (2) agreements: 1. Amendment #1 to DA 2013 -002 and Amended and Restated Agreement between the City and SOCCCD for Conveyance of a Portion of MCAS Tustin and the Establishment of an City Council Report Valencia Parcel Agreement June 17, 2014 Page 4 Advanced Technology Educational Park (ATEP) ( "Amendment #1 ") (Exhibit B of Ordinance 1443); and, 2. The Agreement concerning Valencia Parcel and a strip parcel between SOCCCD and the City of Tustin ( "Valencia Agreement ") (Exhibit B of Resolution 1448). The purpose of the Valencia Agreement and Amendment #1 is to effectuate the disposition of approximately five (5) acres of land comprised of two (2) parcels (Sites A and B) from SOCCCD to the City (Figure 1). The Valencia Agreement delineates the terms, purchase price and processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two parcels. Associated with the purchase is Amendment #1, which would modify the approved DA to identify the City as the ultimate owner of the two (2) parcels. SMAIOC,A R.A&tAY j AVE { ROADR =�? PA 7 j - - ►wDS- PA 's I MOAD Site A,2' Site B AYI L PA FS % a 3 R A «a rr FIGURE 1 The primary reasons that the parties have agreed to the Valencia Agreement and Amendment #1 are: 1) the parcels are remnant properties that are physically separated from the primary ATEP campus; and, 2) to consolidate th (-L properties under City's ownership to allow for more efficient and ratonal planning of the properties pursuanL to the MCAS Tustn Spec'fic Plan. • Site A (Valencia Parcel) is a remnant parcel that is surrounded by property to the north, east and west that will ultimately be owned by the City and is separated from the largest portion of the ATEP campus by Valencia Avenue, a four -lane road. The acquisition of Site A by the City would consolidate the ownership of the properties north of Valencia Avenue with the City. • Site B (strip parcel) is a remnant parcel that is used for entry monumentation and landscaping for Tustin Legacy. There are a number of other possible uses permitted under the MCAS Tustin Specific Plan (Section 3.3.4). Because Si.e B serves as a gateway to Tustin Legacy and because a portion thereof could potentially be used ancillary to the adjoining transitional /emergency housing use, the City wishes to acquire the site. Agreement Concerning Valencia Parcel between City and SOCCCD and Development Agreement Pursuant to the Economic Development Agreement (EDC) at the former MCAS Tustin affecting property that has or yet to be conveyed to the City, the City currently leases Site A from the Department of the Navy; the City previously conveyed Site B to SOCCCD per the EDC. Site A is subleased from the City to SOCCCD pursuant to the original Exchange and under that sublease and DA 2013 -002, SOCCCD has a right to acquire fee title to the Valencia Parcel City Council Report Valencia Parcel Agreement June 17, 2014 Page 5 upon the Navy's issuance of a Finding of Suitability of Transfer (FOST). Pursuant to the Valencia Agreement, SOCCCD would relinquish its right to acquire Site A and thus, the right to ultimately acquire fee title of Site B would go back to the City. There would be no change to the allowed square footage, traffic trips or land uses on the ATEP campus permitted under DA 2013 -002. The Valencia Agreement and Amendment #1 themselves do not provide for any change in the allowed land uses on Site A or B. The City would acquire both properties without any associated development rights (i.e., allowed square footage of buildings or vehicle trips). Upon the effective date of Amendment #1, the ATEP campus area would be reduced from approximately 66.5 acres to 62 acres. On May 27, 2014, the Planning Commission has determined that the acquisition of these parcels is in conformance to the City's General Plan. The Valencia Agreement between the City and SOCCCD delineates the terms and process associated with the City's acquisition of the land currently owned and sub- leased by SOCCCD. To effectuate the Valencia Agreement the parties will execute a number of ancillary documents, including Amendment #1 to DA 2013 -002 and a termination of the McCain Smith Agreement. 1. Amendment #1: Ensures the implementation of the MICAS Tustin Specific Plan, eliminates uncertainty in planning, provides for the orderly development of the SOCCCD Property, allows installation of necessary or desirable improvements, provides for public services appropriate to the development and use of the City and SOCCCD properties, and secures orderly fiscal benefits for public infrastructure and generally serves the public interest within the City and the surrounding region. As mentioned, Amendment #1 and the Valencia Agreement include the following: • The terms of the Agreement • Purchase price • Processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two (2) parcels • Modification to the approved DA to identify the City as the ultimate owner of the two (2) parcels. 2. Termination of (McCain Smith) Agreement: The original need to construct McCain Smith Road was to allow joint access to contiguous City and SOCCCD properties. The acquisition of Site A will allow for it to be consolidated with the surrounding City properties thus eliminating the need to construct McCain Smith. The City's funding obligation under the original Exchange is $500,000; therefore, the elimination of the City's obligation will result in a corresponding $500,000 costs savings. Environmental Review On January 16, 2001, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MICAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS /EIR. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR.for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On May 21, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the Final EIS /EIR in conjunction with the SOCCCD project. The Final EIS /EIR as amended by the Supplement and the Addendums is City Council Report Valencia Parcel Agreement June 17, 2014 Page 6 referred to herein as the "FEIS /EIR." The FEIS /EIR along with the Addendums and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former MICAS Tustin. The City is currently undertaking feasibility and planning studies for a community park north of Site A. Some of the planning studies include Site A in the community park conceptual design. Because these design concepts are feasibility and planning studies and will be subject to future actions by the City, including future action by the City Council in approving the ultimate design, whether that design will include Site A and if so, funding therefore. As such, the project is subject Section 15262 of the State CEQA Guidelines, which does not require the preparation of an EIR or negative declaration, but only consideration of environmental factors and Class 6 (Section 15306 of the CEQA Guidelines), which applies to information gathering which may lead to an action the City has not yet approved, adopted or funded. No specific development proposal for the sites is currently being considered by the City or SOCCCD. When specific development proposals are produced for the project sites, the City will analyze the proposals and determine whether an additional CEQA analysis will be needed at that time. This is consistent with the purpose of the FEIS /EIR document, which serves as a program -level document with subsequent activities being examined in greater detail through an additional environmental analysis (CEQA Guidelines Section 15168). Limiting the scope of analysis in this Initial Study to the project elements that are known at this time is also consistent with CEQA Guidelines Section 15145, which discourages discussion of speculative impacts. An Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation' measure or alternative. Accordingly, no new environmental document is required by CEQA. CONCLUSION The proposed DA 2014 -002, and the Agreement Concerning the Valencia Parcel would not have any significant impact to the overall development potential currently allowed by the General Plan or the MICAS Tustin Specific Plan and is considered not a substantial amendment. Accordingly, staff recommends that the City Council to approve DA 2014 -002, and the Agreement Concerning the Valencia Parcel. City Council Report Valencia Parcel Agreement June 17, 2014 Page 7 eidi M t West Principal Management Analyst Elizabeth A. Binsack o Director of Community Development Attachments: Jug na Willkom Assistant Director - Planning A. Ordinance 1443 • Exhibit A: Environmental Checklist • Exhibit B: Amendment #1 to DA 2013 -002 and Amended and Restated Agreement between the City and SOCCCD for Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Park (ATEP) B. Resolution No. 14 -48 • Exhibit A: Environmental Checklist • Exhibit B: Agreement Concerning the Valencia Parcel between the City of Tustin and South Orange County Community College District ATTACHMENT A Ordinance No. 1443 ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #1 TO DEVELOPMENT AGREEMENT 2013 -002 (DA 2014 -002) BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( SOCCCD) TO EFFECTUATE THE DISPOSITION OF APPROXIMATELY FIVE (5) ACRES OF LAND COMPRISED OF TWO (2) PARCELS (SITES A AND B) FROM SOCCCD TO THE CITY OF TUSTIN WITHIN THE BOUNDARIES OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN. MORE SPECIFICALLY, SITE A IS LOCATED NORTH OF VALENCIA AVENUE, WEST OF SEVERYNS ROAD, EAST OF LANSDOWNE DRIVE. SITE B IS LOCATED NORTH OF THE VILLAGE OF HOPE, SOUTH OF VALENCIA AVENUE, EAST OF RED HILL AVENUE AND WEST OF HOPE DRIVE. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That the City of Tustin ( "City ") wishes to acquire additional land (Site A: Planning Area 1 -E) to potentially use for park purposes in conjunction with an adjoining potential future park site and a remnant strip of land (Site B: Portion of Planning Area 1 -H) to be used for entry monumentation and landscaping for Tustin Legacy and /or other uses permitted under the MCAS Tustin Specific Plan. More specifically, Site A is located North of Valencia Avenue, West of Severyns Road, East of Lansdowne Drive. Site B is located North of the Village of Hope, South of Valencia Avenue, East of Red Hill Avenue and West of Hope Drive. B. That the City and the South Orange County Community College District ( "SOCCCD ") propose to enter into an agreement to delineate the terms, purchase price and processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two parcels. C. That the application consists of two (2) agreements: The agreement concerning Valencia Parcel and a strip parcel between SOCCCD and the City ( "Valencia Agreement "); and, Amendment #1 to Development Agreement 2013 -002 and Amended and Restated Agreement between the City and SOCCCD for Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced'Technology Educational Park (ATEP) ( "DA 2014 - 002 "). Ordinance No. 1443 DA 2014 -002 Page 2 D. That a public hearing was duly called, noticed, and held on said application on May 27, 2014, by the Planning Commission. The Planning Commission adopted Resolution No. 4258 recommending that the City Council adopt Ordinance No. 1443. E. That a public hearing was duly called, noticed, and held on said application on June 17, 2014, by the City Council. F. That on January 16, 2001, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. G. That an Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that approval of the Valencia Agreement and DA 2014 -002 does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. H. That the proposed DA 2014 -002 will ensure the implementation of the MICAS Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly development of the SOCCCD and City properties, allow installation of necessary or desirable improvements, provide for public services appropriate to the development and use of the City and SOCCCD properties, secure orderly fiscal benefits for public infrastructure, generally serve the public interest within the City and the surrounding region and otherwise complies Section 9611 of the Tustin City Code as follows: 1. DA 2014 -002 is consistent with the objectives, policies, and general land uses and programs specified in the General Plan and MCAS Tustin Specific Plan in that the project would further the goals and objectives of the City and the SOCCCD education village by providing orderly development envisioned at the project sites. Ordinance No. 1443 DA 2014 -002 Page 3 2. DA 2014 -002 is consistent with the MCAS Tustin Specific Plan. Any future uses of properties be acquired under the Valencia Agreement will be further analyzed at time of development proposals for consistency with the MCAS Tustin Specific Plan. 3. DA 2014 -002 is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the subject parcels are remnant properties that are physically separated from the primary ATEP campus; and, consolidating the properties for ultimate City ownership would allow for more efficient and rational planning of the properties pursuant to the MCAS Tustin Specific Plan. 4. An environmental analysis has been conducted and determined that there will not be any detrimental effect to the health, safety, and welfare with the implementation of DA 2014 -002. In addition, the proposed development complies with all applicable Federal, State, and Local rules and regulations. SECTION 2. The City Council hereby approves DA 2014 -002 attached hereto as Exhibit B and authorizes the City Manager to execute, subject to final approval of the City Attorney as to form. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2014. ELWYN A. MURRAY Mayor JEFFREY C. PARKER City Clerk Ordinance No. 1443 DA 2014 -002 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1443 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1443 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 17th day of June, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 15t day of July, 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Published: EXHIBIT A Evaluation of Environmental Impacts EVALUATION OF ENVIRONMENTAL IMPACTS Disposition of two SOCCCD parcels to the City of Tustin — Amendment #1 to Development Agreement 2013 -002 PROJECT DESCRIPTION The Project consists of two agreements, the Agreement Concerning Valencia Parcel and a strip parcel (Agreement) between SOCCCD and the City of Tustin and amendment number. one (Amendment) to the Development Agreement and Amended and Restated Agreement Between the City of Tustin (City) and SOCCCD for Conveyance of a Portion of WAS Tustin and the Establishment of an Advanced Technology Educational Campus (DA). The purpose of the Agreement and Amendment is to effectuate the disposition of approximately 5 acres of land comprised of two parcels (refer to Figure 2, Sites A and B) from SOCCCD to the City. The Agreement delineates the terms, purchase price and processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two parcels. Associated with the purchase is the DA Amendment, which would modify the approved DA to identify the City as the ultimate owner of the two parcels. The reasons for the Agreement are: 1) the parcels are remnant properties that are physically separated from the primary ATEP Campus; and, 2) to consolidate the properties under City's ownership to allow for more efficient and rational planning of the properties pursuant to the MCAS Tustin Specific Plan. Site A (Valencia Parcel) is a remnant parcel that is surrounded by property to the north, east and west that will ultimately be owned by the City and is separated from the largest portion of the ATEP.Campus by Valencia Avenue, a four -lane road. The acquisition of Site A by the City would consolidate the ownership of the properties north of Valencia Avenue with the City. Site B (strip parcel) is a remnant parcel that is primarily used for entry monumentation and landscaping for Tustin Legacy; however, SOCCCD owns and maintains the parcel. Because Site B serves as a gateway to Tustin Legacy and because a portion thereof could potentially be used ancillary to the adjoining transitional /emergency housing use, the City has expressed interest in owning and maintaining the site. The property disposition would also consolidate the ownership of Site B with City's ownership and maintenance of the streets and landscaping at the intersection of Valencia and Red Hill Avenues. The Project does not include a General Plan or Specific Plan Amendment or any proposed physical changes. The Project involves the disposition of Site B from SOCCCD to the City and the relinquishment of SOCCCD's right to acquire Site A. There would also be no change in the allowed land uses on Site A or B as the intended uses of the properties are consistent with the applicable provisions of the WAS Tustin Specific Plan. The City would acquire both properties without any associated development rights (i.e., allowed square footage of buildings or vehicle trips). Upon the sale of Sites A and B to the City, the ATEP Campus area would be reduced from approximately 66.5 acres to 62 acres. The City is currently undertaking feasibility and planning studies for a community park north of Site A. Some of the planning studies include Site A in the community park design. Because these design concepts are feasibility and planning studies, they are subject to Section 15262 of the State CEQA Guidelines and Class 6 (Section 15306 of the CEQA Guidelines). The disposition of Site A to the City does not include approval or construction of the concept park improvements. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Pave 2 When specific development proposals are produced for the Project sites, the City will analyze the project and determine whether additional CEQA analysis will be needed at that time. This is consistent with the purpose of the FEIS /EIR document, which serves as a program -level document with subsequent activities being examined in greater detail through additional environmental analysis (CEQA Guidelines Section 15168). Limiting the scope of analysis in this Initial Study to the Project elements that are known at this time is also consistent with CEQA Guidelines Section 15145, which discourages discussion of speculative impacts. Site A is currently owned by the Navy. Like other properties owned by the Navy in Tustin Legacy, Site A is currently expected to be transferred to the City once a Finding of Suitability to Transfer (FOST) is issued by the Navy for the lands. Once issued, the FOST will document that the Navy has determined the covered parcel environmentally suitable for transfer and that either all remediation necessary to protect human health and the environment has been completed or is in place and operating properly and successfully such that development can safely occur on the site. EVALUATION OF ENVIRONMENTAL IMPACTS An Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental. Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or altematives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 I. AESTHETICS - Response a —d: N The Project would not cause aesthetic impacts that were not previously analyzed in the FEIS /EIR. The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or the future development condition that was analyzed in the FEIS/EIR because there would be no change to building height restrictions, setbacks, signage, and other development standards. Visual changes to the Project vicinity have already occurred with the development of Phase 1 of the ATEP Campus, the County's Abused Children's Shelter, the Village of Hope, residential neighborhoods north of Valencia Avenue, the construction of the Tustin Unified School District's Heritage Elementary School, as well as the demolition of buildings on the ATEP site. There are no new or increased significant adverse project- specific or cumulative impacts with regard to aesthetics and visual quality that would occur as a result of the implementation of the Project. There is no new information relative to aesthetics and visual quality that was not in existence at the time the FEIS /EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. No new mitigation measures are required in relation to impacts to aesthetics and visual quality. The visual impacts of planned construction in Neighborhood A were analyzed in the FEIS/EIR, and there would be no new or substantially different aesthetic impacts as a result of the Project. Future construction on the properties would comply with the site development standards in the Specific Plan. Therefore, the overall intensity of the future development and the general character of the Project site would not be substantially altered by the Project. There are no designated scenic vistas in the Project area; therefore, the Project would not result in a substantial adverse effect on a scenic vista. The Project site is also not located within the vicinity of a designated state scenic highway. The Project would not change the conclusions of the historical analysis of the historic blimp hangars from the FEIS /EIR relative to visual changes since the Project would not affect these hangars. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No refinements related to the Project are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS /EIR, Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Anril 21, 2014 Page 4 Addendums and Supplemental; and applicable measures would be required to be complied with as conditions of entitlement approvals for future development of the site. Mitigation /Monitoring Measures Not Being Implemented: Mitigation Measure Vis -1, regarding urban design plan adoption in conjunction with any zoning ordinance amendments, is the responsibility of others to implement, and therefore is not within the Project's responsibility to implement. II. AGRICULTURE AND FORESTRY RESOURCES - Response to a -e: The Project would not cause impacts to agriculture and forest resources that were not previously analyzed in the FEIS /EIR. There continue to be no agricultural or forestry resources on the property. There are no new or increased significant adverse project- specific or cumulative impacts with regard to agricultural resources that are identified as a result of the approval and implementation of the Project. The impacts of the development of the properties have already been analyzed in the FEIS /EIR. There is no new information relative to agricultural or forestry resources that was not in existence at the time the FEIS /EIR was prepared. Therefore, no new mitigation measures are required in relation to impacts to agricultural or forestry resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to agricultural or forestry resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation /Monitoring Not Being Implemented: No new impacts or substantially more severe impacts will result from the City's or District's approval and implementation of the Project; therefore, no new or revised mitigation measures are required for agricultural or forestry resources. In addition, there are no applicable mitigation measures contained in the City's approved MMRP for the FEIS /EIR with regard to agricultural resources. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. III. AIR QUALITY - Response to a -e: The Project would not cause impacts to air quality that were not previously analyzed in the FEIS /EIR. The Tustin City Council adopted Findings and a Statement of Overriding Considerations for the FEIS /EIR on January 16, 2001 to address significant unavoidable short- Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 5 term (construction), long -term (operational), and cumulative air quality impacts for the Specific Plan. The City also adopted mitigation measures (AQ -1, AQ -2, AQ -3, and AQ -4) to reduce these unavoidable adverse impacts. The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or maximum permitted development that was analyzed in the FEIS/EIR. Therefore, no significant impact beyond what was analyzed in the adopted FEIS /EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: Specific air quality mitigation measures have been adopted by the Tustin City Council in certifying the FEIS /EIR for both operational and construction- related activities for development at Tustin Legacy. The mitigation measures for air quality impacts that are applicable to the Project during the future implementation stages (i.e., construction) include Mitigation Measures AQ -1. The City would implement.Mitigation Measure AQ -1 by complying with South Coast Air Quality Management District Rules to reduce short-term air pollutant emissions on the project sites when development occurs. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Not Being Implemented: All relevant mitigation measures will be implemented by the City and SOCCCD (AQ -1 through AQ -3) or the City independently (AQ -4). IV. BIOLOGICAL RESOURCES - Responses to a -f: The Project would not cause impacts to biological resources that were not previously analyzed in the FEIS /EIR. The FEIS /EIR analyzed the future development of the whole of Neighborhood A and the associated biological impacts. No new areas would be developed under the Project. There are no new or increased significant adverse project- specific or cumulative impacts with regard to biological resources that would occur as a result of the adoption and implementation of the Project. In 2010, the U.S. Army Corps of Engineers (ALOE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) determined that the ATEP Site does not contain land that is subject to their jurisdiction or that warrants their oversight. There is no other new information relative to biological resources that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts on biological resources. Based on current delineations of wetlands and jurisdictional Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 waters, the Project would not affect wetlands or jurisdictional waters. The impacts resulting from the implementation of the Project, if any, would be those identified in the FEIS /EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to biological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or ahematives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: The mitigation measures applicable during implementation of the Project have been identified in the City's MMRP. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required for implementation (i.e., construction) of the Project. The Project would implement the relevant mitigation measures of the adopted MMRP and as stated in the MMRP. The City and SOCCCD would not need to implement Mitigation Bio -1 because the Project would not affect jurisdictional waters of the U.S. or vegetated wetlands. With regard to Mitigation Bio -2, Bio -3, and Bio -4, which deal with capture and relocation of pond turtles and restoration of pond turtle habitat, these measures do not apply to the Project because no ponds exist on the Project site. Mitigation /Monitoring Not Being Implemented: If the site continues to reveal no presence of southwestern pond turtles, Mitigation Measures Bio -1, Bio -2, Bio -3, and Bio -4 would not be implemented as part of the Project. V. CULTURAL RESOURCES - Responses to a -d: The Project would not cause impacts to cultural resources that were not previously analyzed in the FEIS/EIR. The Project would result in a change of ownership that would not modify the areas identified for development in the Specific Plan and analyzed in the FEIS /EIR. The Project would not cause additional impacts to cultural resources. The impacts of the Specific Plan on cultural resources, including any that may be present on the Project site, were considered in the FEIS /EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to cultural and paleontological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 7 effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: The City would implement Mitigation Measure Arch -2 by retaining a County - certified archaeologist and conducting the required consultations prior to obtaining grading permits. The City would implement Mitigation Measures Paleo-1 and Paleo -2 by retaining a County - certified paleontologist and complying with the requirements of the established Paleontology Resources Management Plan (PRMP) for Tustin Legacy. Mitigation /Monitoring Not Being Implemented: Other mitigation measures for cultural resources in the FEIS/EIR and City's 2013 MMRP are not applicable to the Project site and are the responsibility of others to implement. VI. GEOLOGY AND SOILS - Responses to a -e: Implementation of the Project would not cause any direct impacts to geology and soils. The Project proposes to develop the same areas as proposed in the Specific Plan and previously analyzed in the FEIS /EIR. There are no new or increased significant adverse project- specific or cumulative impacts with regard to geology and soils that are identified as a result of the adoption and implementation of the Project. There is no new information relative to geology and soils that was not in existence at the time the FEIS /EIR as prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts to geology and soils. The FEIS /EIR found that impacts to soils and geology resulting from implementation of the Specific Plan would include non - seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high- intensity ground shaking, ground failure and lurching, seismically - induced settlement, and flooding associated with dam failure). The FEIS /EIR concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to geotechnical issues. No substantial change is expected during implementation of the Project from the analysis previously completed in the certified FEIS /EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: As identified in the FEIS /EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 8 Mitigation /Monitoring Not Being Implemented.- There are no new or revised mitigation measures for geology and soils. In addition, there are no mitigation measures contained in the City's 2012 MMRP with regard to geology and soils. VII. GREENHOUSE GAS EMISSIONS - Responses to a -b: The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or maximum permitted development that was analyzed in the FEIS /EIR; therefore, implementation of the Project would not result in any substantial increase in Greenhouse Gas (GHG) emissions compared to the Specific Plan analyzed in the FEIS /EIR. Therefore, there are no new or increased significant adverse project - specific or cumulative impacts with regard to GHG emissions that are identified as a result of implementation of the Project. The Project and its implementation are consistent with the FEIS/EIR and, no new mitigation measures are required in relation to impacts to GHG emissions. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to climate change. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation/Monitorine Required: No new impacts or substantially more severe impacts would result from implementation of the Project; therefore, no new or revised mitigation measures are required with regard to climate change. In addition, there are no mitigation measures contained in the City's MMRP for the Specific Plan FEIS/EIR with regard to GHG emissions. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitipation/Monitorine Not Beine Implemented: There are no new or revised mitigation measures for climate change, and no mitigation measures are contained in the City's MMRP for the Specific Plan/Reuse Plan FEIS /EIR with regard to climate change. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Pa¢e 9 VIII. HAZARDS AND HAZARDOUS MATERIALS - Responses to a -h: The entire MCAS Tustin site was reviewed for hazardous materials prior to start of redevelopment activities. Federal regulations require the Navy to complete remediation of hazardous materials prior to conveyance of properties to other landowners. Portions of the Project site are presently undergoing remediation, and therefore remain under Navy ownership. These areas are available for limited used by the future owners (the City and SOCCCD) under a LIFOC agreement. They will not be conveyed to the future owners until the Navy determines that its remediation of hazards and hazardous materials in these areas have sufficiently progressed to the point that the property can safely be developed. Implementation of the Project would not cause any direct impacts to hazards and hazardous materials. There are no new or increased significant adverse project- specific or cumulative impacts with regards to hazards and hazardous materials that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hazards and hazardous materials that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts from hazards and hazardous materials. The FEIS/EIR included a detailed discussion of the historic and then - current hazardous material use and hazardous waste generation within the Specific Plan area. The Navy is responsible for planning and executing environmental restoration programs in response to releases of hazardous substances for MCAS Tustin. The FEIS/EIR concluded that the implementation of the Specific Plan would not have a significant environmental impact from the hazardous wastes, substances, and materials on the property during construction or operation since the Navy would implement various remedial actions pursuant to the Compliance Programs that would remove, manage, or isolate potentially hazardous substances in soils and groundwater. As identified in the FEIS/EIR, the Project site is within the boundaries of the Airport Environs Land Use Plan (AELUP) and is subject to height restrictions. The Project does not propose changes to the 100 -foot height limitation included in the Specific Plan. The Project site is not located in a wildland fire hazard area. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to hazards and hazardous materials. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or altematives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Mitigation/Monitoring Not Being Implemented: There are no new or revised mitigation measures for hazards and hazardous materials, and no mitigation measures are contained in the City's 2013 MMRP for the Specific Plan/Reuse Plan FEIS/EIR with regard to hazards and hazardous materials. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Paee 10 IX. HYDROLOGY AND WATER QUALITY - Responses to a -j:' The Project would not cause direct impact to hydrology and water quality. Any future development on the properties would be required to comply with the then - current Water Quality Management Plan (WQMP) requirements imposed by the Santa Ana Regional Water Quality Control Board. As concluded in the FEIS /EIR, preparation of a WQMP for future development projects on the Project sites in compliance with all applicable regulatory standards would reduce water quality impacts from development activities to a level of insignificance. The Project proposes no change to the drainage pattern and water management systems previously analyzed in the FEIS/EIR. The drainage pattern and water management systems in the Project sites vicinity would remain consistent with the Tustin Legacy Master Drainage Plan. The Project would not result in new or substantially more severe impacts to water quality than what was previously identified in the FEIS /EIR. The Specific Plan considered the development of education - oriented and public services land uses on the Project site. Additionally, the Project does not include any change to setbacks or other development standards that impact drainage. There are no new or increased significant adverse project- specific or cumulative impacts with regard to hydrology /water quality that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hydrology /water quality that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts to hydrology /water quality. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or, mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Reaeeired: Compliance with existing rules and regulations would reduce any potential impacts related to water quality and groundwater to a level of insignificance and no new mitigation is required. The mitigation measures applicable during implementation (i.e., construction) of the Project have been identified in the City's adopted MMRP. Mitigation Measures WQ -1, WQ -2, and WQ -4 establish requirements related to preparation of a Stormwater Pollution Prevention Plan, compliance with Waste Discharge Requirements, and preparation of a Water Quality Management Plan, respectively. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required for implementation of the Project. The Project would implement the relevant mitigation measures of the adopted MMRP. Mitigation /Monitoring Not Being Implemented.• Mitigation Measure WQ -3 requires others to participate in the RWQCB's Nitrogen and Selenium Management Program (NSMP) Working Group and contribute to funding and implementing the Working Plan. Because this mitigation Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 11 measure is the responsibility of others to implement, it does not fall within the responsibility of the Project to implement. X. LAND USE AND PLANNING — response to a -c: Implementation of the Project would not cause any direct impacts to land use and planning. There would be no change to building height restrictions, setbacks, signage, and other development standards, nor would there be any change to the maximum development potential on the ATEP Campus identified in the DA. The Project would not physically divide any Specific Plan land use as no community exists in the area of the Project. Instead, the City's acquisition of the two properties would eliminate remnant SOCCCD ownership of parcels that are physically separated from the ATEP Campus and consolidate property ownership with the City. The Project would not conflict with the Specific Plan, or conflict with any habitat conservation plan or natural community conservation plan. Future development of the Project sites would be subject to the use restrictions and development standards contained in the MCAS Tustin Specific Plan. The City is considering incorporating Site A into the future Community Park and has prepared feasibility and conceptual planning studies to assist in this consideration. When the City makes a determination on whether to incorporate Site A into the Community Park and considers approving a park design illustrating as such, the City will prepare the necessary CEQA documentation supporting such a decision. There are no new or increased significant adverse project- specific or cumulative impacts with regard to land use and planning that are identified as a result of the adoption and implementation of the Project. There is no new information relative to land use and planning that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EfR and no new mitigation measures are required in relation to impacts to land use planning. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to land use and planning. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified. MitiQation/Monitoring Required: The FEIS/EIR concludes that there would be no significant unavoidable land use impacts. The Project and its implementation do not result in new or increased land use impacts in comparison to those previously identified in the FEIS /EIR. The mitigation measures applicable to the Project were implemented following adoption of the MCAS Tustin Specific Plan. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. The City would implement the relevant mitigation measures of Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 12 the adopted MMRP that are applicable to the Project. Mitigation Measures LU -2(m), (n), (o), (p), (q), (r), and (s) are addressed in Section XIII — Population and Housing. Mitigation /Monitoring Not Being Implemented: Mitigation Measures LU -1 and LU -2 required the Cities of Tustin and Irvine respectively to amend their General Plans and zoning ordinances for the Tustin Legacy Project, and therefore are not within the responsibility of the Project. LU -2(a) requires that infrastructure construction be properly phased by the Cities of Tustin and Irvine, and therefore is not within the responsibility of the Project. Per the City's adopted MMRP, the SOCCCD recorded the necessary easements for the Property and Mitigation Measure LU -2(b) has been fulfilled. Mitigation Measure LU -2(c), regarding funding construction of capital improvements, does not apply to the Project because the City is exempt from payment of infrastructure funding for the Community Park. Any future use that requires payment of infrastructure funding would be the responsibility of the constructing party. Measures LU -2(g) and (i) are not applicable because the Project site is not within the 100 -year flood plain (see Federal Emergency Management Agency (FEMA) Map dated August 9, 2002), and thus these Mitigation Measures are not within the responsibility of the Project. Mitigation Measure LU -2(h), regarding obtaining regulatory agency approvals prior to construction of regional flood control facilities, is not within the responsibility of the Project because it only applies to the Tustin Legacy developer(s). Mitigation Measure LU -26), regarding local drainage systems, is not applicable because no subdivision maps are being recorded as part of the Project. Mitigation Measure LU -2(k), regarding the completion of drainage studies prior to grading for new development, is not applicable because the Project does not include any grading or construction activities. Mitigation Measure LU -2(1), regarding an agreement with the Orange County Flood Control District for fair -share contributions to flood control facilities, is not applicable because no subdivision maps are being recorded as part of its Project. Mitigation Measure LU -2(t) is not applicable because no school fees are required for the Project. Mitigation Measure LU -2(u) is not applicable because the Project does not require a contribution to park facilities. Mitigation Measure LU -2(v) is not applicable to projects within the City of Tustin, and therefore is not within the Project's responsibility to implement. Measure LU -2(w), regarding the creation of a landscape maintenance district, is applicable to the Tustin Legacy developer, and therefore, is not within the Project's responsibility to implement. Finally, Mitigation Measure LU- 2(x) is not applicable to the Project because no subdivision map is proposed as part of the Project, the Project is not adjacent to the Barranca Channel, and the City will provide any necessary bikeways along Red Hill Avenue. XI. MINERAL RESOURCES — responses a -b: The Project would not cause new impacts to mineral resources that were not previously analyzed in the FEIS /EIR. There are no new or increased significant adverse project - specific or cumulative impacts with regard to mineral resources that are identified as a result of the adoption and implementation of the Project. There is no new information relative to mineral resources that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts to mineral resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to mineral resources. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 13 Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified. MitiQationlMonitorine Required: No new impacts or substantially more severe impacts would result from implementation of the Project; therefore, no new or revised mitigation measures are required for mineral resources. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Being Implemented: There are no new or revised mitigation measures for mineral resources, and no mitigation measures are contained in the MMRP for the FEIS/EIR with regard to mineral resources. XII. NOISE — response to a -f: Implementation of the Project would not cause any substantial impacts to noise. The Project involves the disposition of two parcels from SOCCCD to the City. No changes in land uses, development standards or MCAS Tustin Specific Plan vehicle trip thresholds are proposed. Future development on the Project sites would be required to comply with the applicable adopted mitigation measures and state and local noise regulations and standards, along with established engineering procedures and techniques relative to construction and operation. The Project site is not located within the 60 CNEL contour for airport operations. Therefore, implementation of the Project would not involve the development of any noise- sensitive land uses susceptible to excessive noise related aircraft operations within the 60 CNEL. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified as complete. Mitization/Monitoring Required: The FEIS/EIR concludes that with implementation of identified mitigation measures, there would be no significant impacts related to noise. The Project does not increase the severity of the noise impacts previously identified in the FEIS/EIR. Therefore, no refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation Measure N -3 would apply to the Project during construction. Mitigation Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 14 Measure N -4 would apply to the City in relation to noise studies adjacent to Wainer and Harvard Avenues. Mitigation /Monitoring Not Beine Implemented: Mitigation Measure N -1 is not applicable to the Project, as no residential buildings are being reused as part of the Project. Mitigation Measure N -2, regarding noise studies on surrounding properties during design of the intersection at Tustin Ranch Road at Edinger Avenue, have been completed by the City of Tustin. XIII. POPULATION & HOUSING — responses a -c: Implementation of the Project would have no impacts to population and housing. The Project involves the disposition of two parcels from SOCCCD to the City. No new housing or businesses are proposed and no housing exists on the Project sites. The Project us consistent with the FEIS/EM and no new mitigation measures are required in relation to impacts to population and housing. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from implementation of the District's adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for population and housing. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to population and housing. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation/Monitoring Not Being Implemented: There are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to population and housing. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. XIV. PUBLIC SERVICES — response to a): Implementation of the Project would not cause any significant impacts to public services. The Project involves the disposition of two parcels from SOCCCD to the City. No development is proposed as part of the project; therefore, the Project would not result in no new or increased significant adverse project - specific or cumulative impacts with regard to public services and facilities. There is no new information relative to public services and facilities that was not in existence at the time the FEIS /EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts to public services and facilities. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 15 Fire Protection Fire protection for the Project site was discussed and analyzed in the FEIS /EIR. The Project results in no changes to that previous analysis as the Project would not create new demand for fire protection services and no increased or new environmental effects on the environment from those previously analyzed in the FEIS /EIR. Any future development on the Project site would be required to comply with existing OCFA regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the Site. No new or expanded facilities were identified as being required and therefore no physical impacts were identified. Police Protection Police protection for the Project site was discussed and analyzed in the FEIS/EIR. The Project results in no changes to that previous analysis, and no increased demand for police protection services or new environmental effects on the environment from those previously analyzed in the FEIS/EIR. Schools The Project does not include any residential development. Therefore, the Project does not generate K -12 students and there is no impact to schools. Neither the City nor the SOCCCD would be required to pay school development fees consistent with Senate Bill (SB) 50 of 1998. Parks The Project does not include any new park development. PA 2, located north of Valencia Avenue and the ATEP campus, is identified in the Specific Plan as a "Community Park." The City has prepared feasibility and planning studies that evaluate incorporating Site A into the Community Park; however, such plans are conceptual and not being considered for approval with the Project. Other Public Facilities The FEIS/EIR concluded that public facilities would be provided according to a phasing plan to meet projected needs as development of the Specific Plan proceeded. The Project would not increase the demand more than what was already analyzed in the previously certified FEIS /EIR. Mitization/MonitorinQ Required: The FEIS/EIR concluded that there would be no significant unavoidable impacts related to public services. The Project and its implementation would not result in any new or increased impacts to public services beyond those identified in the FEIS/EIR. Therefore, no new mitigation measures are required. Because the Project does not involve any development on the Project site, no mitigation measures related to public services apply to the Project. Mitigation /Monitoring Not Being Implemented: Mitigation Measure LU -2(t) regarding the payment of school fees is not applicable to the Project, and therefore is not within the responsibility of the Project. Mitigation Measures LU -2(u) and (v) regarding the contribution of park facilities are also not applicable to the Project, and are therefore not within the responsibility of the Project. Mitigation Measure LU -2(w) regarding the creation of a landscape maintenance district is the responsibility of the Tustin Legacy master developer, and therefore is not within the responsibility of the Project. Mitigation Measure LU -2(x) regarding agreements with the County of Orange Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 16 Harbors and Beaches and the City of Tustin for trail improvements are not applicable to the Project, and are therefore not within the responsibility of the Project. XV. RECREATION — response to a -b: The Project would not result in a change in uses or development that would result in increased use of existing parks or recreational facilities. There are no new or increased significant adverse project - specific or cumulative impacts with regard to recreation that are identified as a result of the adoption and implementation of the Project. There is no new information relative to recreation that was not in existence at the time the FEIS/EIR was prepared and no new mitigation measures are required in relation to impacts to recreation. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR.or other environmental document to evaluate Project impacts or mitigation measures with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitipation/Monitorine Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for recreation. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to recreation or recreational facilities. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Being Implemented: There are no new or revised mitigation measures for recreation or recreational facilities, and there are no mitigation measures contained in the City's MMRP for the FEIS /EIR with regard to recreation or recreational facilities. XV. TRANSPORTATION/TRAFFIC = responses a -f: The Project involves the disposition of two properties from SOCCCD to the City and would not result in a change in uses or development patterns that would conflict with an applicable plan, ordinance, policy, or program, increased traffic or hazards, or inadequate emergency access. Any development on the project sites would be subject to applicable MCAS Tustin Specific Plan development standards and vehicle trip thresholds. There are no new or increased significant adverse project - specific or cumulative impacts with regard to transportation and traffic that are identified as a result of the adoption and implementation of the Project. There is no new information relative to transportation and traffic that was not in existence at the time the FEIS/EIR was prepared and no new mitigation measures are required in relation to impacts to transportation and traffic. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to transportation and Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 17 traffic. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for transportation and traffic. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to transportation and traffic. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Being Implemented: There are no new or revised mitigation measures for transportation and traffic, and there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to transportation and traffic. XVI. UTILITIES AND SERVICE SYSTEMS — response a -g: The Project would not result in any changes to the utilities plan presented in the Specific Plan. Any demolition, removal, replacement, and connection with new underground utilities and service systems in the adjoining streets would occur as previously analyzed in the FEIS/EIR. The Project involves the disposition of two parcels from SOCCCD to the City--no changes to land uses or maximum potential development is proposed; therefore, there are no new or increased significant adverse project- specific or cumulative impacts with regard to utilities and service systems that are identified as a result of the adoption and implementation of the Project. There is no new information relative to utilities and service systems that was not in existence at the time the FEIS/EIR was prepared and no new mitigation measures are required in relation to impacts to utilities and service systems. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would, trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for utilities and service systems. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to utilities and service systems. No refinements are necessary to the FEIS/EfR mitigation measures and no new mitigation measures are required. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 18 Mitigation /Monitoring Not Being Implemented: There are no new or revised mitigation measures for utilities and service systems, and there are no mitigation measures contained in the City's MMRP for the FEIS /EIR with regard to utilities and service systems. XVII. MANDATORY FINDINGS OF SIGNIFICANCE — responses to a -c: The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Specific Plan, including mandatory findings of significance associated with the implementation of the Project. The Project would not expand the area of development and would not impact any natural habitats or other areas inhabited by sensitive species. The Project would not change the maximum development potential or change the allowed the land uses evaluated in the FEIS/EIR. The Project would not cause unmitigated environmental effects that were not already examined in the FEIS/EIR. There are no new mitigation measures required and there are no new significant adverse project - specific or cumulative impacts in any environmental areas that were identified, nor would any project - specific or cumulative impacts in any environmental areas be made worse as a result of the Project. All feasible mitigation measures identified in the FEIS /EIR would be incorporated into subsequent actions that the City commits to fully implementing. Therefore, the Project does not create any impacts that have not previously been addressed by the FEIS/EIR. Further, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent EIR to evaluate Project impacts or mitigation measures with regard to environmental impacts. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from the Project; therefore, no new or revised mitigation measures are required. Mitigation /Monitoring Not Beim,, Implemented: There are no new or revised mitigation measures for mandatory findings of significance and no mitigation measures are contained in the MMRP with regard to mandatory findings of significance. CONCLUSION The above analysis concludes that all of the proposed Project's effects were previously examined in the FEIS /EIR for WAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 19 Overriding Considerations were adopted for the FEIS/EIR and shall apply to the proposed project, as applicable. SOURCES City of Tustin, Revised February 2013. 2013 Revised Mitigation Monitoring and Status Report for Final Joint Environmental Impact Statement/Environmental Impact Report For the Disposal and Reuse of MCAS Tustin. City of Tustin, Reuse Plan adopted October 31, 1996, amended September 8, 1998, Specific Plan adopted by City Council Ordinance No. 1257 on February 3, 2003, and Specific Plan Amendment Adopted by City Council Ordinance No. 1311 on April 17, 2006. MCAS Tustin Specific Plan/Reuse Plan. City of Tustin General Plan City of Tustin Resolutions (including environmental checklists) regarding Tustin Legacy: 00 -90; 04 -32; 04 -73; 04 -74; 04 -76; 04 -77; 05 -28; 05 -35; 05 -37; 05 -38; 05 -40; 05 -71; 05 -75; 05 -76; 05- 77; 05 -78; 06 -42; 06 -43; 07 -92; 08 -09; 08 -18; 08 -38; 08 -39; 08 -42; 08 -53; 13 -32. City of Tustin, September 6, 2011. Environmental Analysis Checklist for Specific Plan Amendment (SPA) 11 -003, Minor Text Amendments. RGP Planning & Development Services, November 2008, South Orange County Community College District ATEP Advanced Technology & Education Park Long -Range Academic Plan and Facilities Plan, as amended by the October and November 2008 Erratas (LRP). RGP Planning & Development Services, November 2008. South Orange County Community College District ATEP Advanced Technology & Education Park Long -Range Academic Plan, as amended by the October 2008 Errata (LRAP). RGP Planning & Development Services, July 2008. CEQA Addendum /Initial Study for Advanced Technology Education Park (ATEP) Long Range Academic and Facilities Plan (LRP). RGP Planning & Development Services, October 2008. CEQA Addendum /Initial Study and Appendices errata for Advanced Technologv Education Park (ATEP) Long Range Academic and Facilities Plan (LRP). South Orange County Community College District, April 22, 2004. "Agreement Between the City of Tustin and The South Orange County Community College District For Conveyance of a Portion of MCAS, Tustin and The Establishment of an Advanced Technology Educational Campus" (the "District Conveyance Agreement "). South Orange County Community College District, November 2008. Resolution 08 -35 Adopting the Addendum cis Amended by the Errata dated November 2008 to the Final Environmental Impact Statement /Environment Impact Report for the Disposal and Reuse of the WAS Tustin and the MCAS Tustin Specific Plan /Reuse Plan dated October 1996, as Amended by the Errata dated September 1998 pursuant to the California Environmental Quality Act for the Project, the Long -Range Academic and Facilities Plan dated Jame 2008 and as Amended by the Errata dated Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 20 October 2008 and the Errata dated November 2008, and the Long -Range Academic Plan dated June 2008 and as Amended by the Errata dated October 2008. South Orange County Community College District, March 2009. ATEP Phase 3A Concept Plan. State of California, California Code of Regulations COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified /Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Disposition of two SOCCCD properties to the City of Tustin - Amendment #1 to Development Agreement 2013 -002 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573 -3115 Project Location: The subject properties are a 4.5 -acre parcel (Planning Area (PA) 1- E) (referred to herein as Site A) and a 0.57 -acre parcel (ParcelI -E- 4) (referred to herein as Site B) in the City of Tustin within the boundaries of the MCAS- Tustin Specific Plan, which is commonly referred to as Tustin Legacy. More specifically, Site A is PA 1 -E in Neighborhood A, north of Valencia Avenue, west of Severyns Road, east of Lansdowne Drive. Site B is a part of PA 1 -H in Neighborhood A, north of the Village of Hope, south of Valencia Avenue, east of Red Hill Avenue and west of Hope Drive. The project sites are illustrated in Figures 1 (Regional Map), 2 (MCAS Tustin Specific Plan and Project Location), 3 (Site Vicinity Land Uses and 4 (Current Planning Area Boundaries). Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 Project Sponsor's Name and Address: City of Tustin ATTN: Matt West 300 Centennial Way Tustin CA 92780 Ph. (714) 573 -3116 Email: MWest @tustinca.org South Orange County Community College District ATTN: Dr. Debra Fitzsimmons 28000 Marguerite Parkway 3rd Fl. Mission Viejo, CA 92692 Ph. (949) 582 -4663 ssembiazzaAsocccd.edu General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: MCAS Tustin Specific Plan Evaluation of Fnvironmenl,il Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page rr �. Anahelm Bs e w Taft Ar. a� °Villa Park # 2� E Kasalla E 6olpns r. Pond Ave Orange , E Ilnh 61 °Tualln Foal a Santa E&.h In Ana CWT pe 4JEC;T W Edhr Aw a � LOCAT N / EWarnerAve 410 Fountain 7 I Valley 66 Lu.arD► , USTIN i0• LEGACY Baker st Non Dr ! 'ryr C Me L Lake F ° o � � br E n Joaquin i Lspuns Wood t� O ft w fir' j Figure 1 Regional Map Fvaluation of nvironment sl Impact,, Disposition o:- two SOCCCD parcels to the City of Tustin Apr r121, 2014 Pa p 4 CITY OF SANTA r CITY OF IRVINE i� Figure 2 MCAS Tustin Specific Plan and Project Location ELMi(R Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Yagc c Figure 3 Site Vicinity Land Uses Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Figure 4 Current planning Area Boundaries Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 7 Project Description: Sale of a 0.57 -acre parcel by SOCCCD to the City of Tustin and relinquishment of SOCCCD's rights to acquire a 4.5 acre parcel, totaling approximately 5 acres. The purpose of the Project is to consolidate remnant parcels and otherwise allow for more efficient and rational planning consistent with the MCAS Tustin Specific Plan. No General Plan Amendment or Specific Plan Amendment is proposed. An amendment to the previously approved Development Agreement and Amended and Restated Agreement between the City of Tustin and SOCCCD is also required to implement the property conveyance. Surrounding Uses: North: Vacant land (future City of Tustin community park) and Heritage Elementary School South: The future Advanced Technology Education Park (ATEP) campus property (vacant) and the Village of Hope East: Vacant land (future City of Tustin community, park), Armstrong Avenue and residential (across Severyns Road) West: Current. ATEP campus parking lot and buildings (across Lansdowne Drive) and Red Hill Avenue Existing Conditions: Site A is vacant, but has some site improvements including paved access roads along the northern and eastern property boundaries and fencing. Site B is improved with landscaping and irrigation, sidewalks, signage and street lighting. Roughly the southern half of the site is unimproved dirt area. Previous Environmental Documentation: A Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin was prepared by the City of Tustin and the Department of the Navy (Navy) in accordance with the CEQA and the National Environmental Policy Act (NEPA) dated October 1996, as amended by the Errata dated September 1998. On January 16, 2001, the City of Tustin certified the FEIS /EIR. On March 3, 2001, a Record of Decision (ROD) was issued by the Navy approving the FEIS /EIR and the Specific Plan. There have been one supplement and five addenda to the FEIS /EIR. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS/EIR. for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS/EIR. The District certified an addendum on November 12, 2008 ( SOCCCD Resolution 08 -35) related to the approval of a Long Range Academic & Facilities Plan and a Long Range Academic Plan for the Advanced Technology & Education Park (ATEP) campus; an addendum on March 24, 2009 ( SOCCCD Resolution 09 -05) related to a Concept Plan for Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 8 Phase 3A of the ATEP campus; and an addendum on December 5, 2011 ( SOCCCD Resolution 11 -38) related to an exchange of land between the District and the County of Orange. On May 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR related to an exchange of land between the District and City of Tustin and a Specific Plan Amendment. The District certified the same addendum on May 20, 2013 (Resolution No. 13 -18). The original FEIS /EIR document, the supplement, and the City's and District's addenda are collectively referred to herein as the "FEIS/EIR." In addition, the City has certified multiple CEQA documents associated with .prior amendments to the MCAS Tustin Specific Plan and development projects within Tustin Legacy. Section 1.5.2 of the FEIS /EIR states that the FEIS /EIR is a Program EIR and it is intended to be used as the CEQA compliance document for all public and private actions made in furtherance of, the Specific Plan. The FEIS /EIR analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan (referred to in this document as the Specific Plan). The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the MCAS Tustin Specific Plan, including but not limited to the adoption by the City of Tustin of the MCAS Tustin Specific Plan and adoption of the MCAS Tustin Redevelopment Plan. The MCAS Tustin Specific Plan proposed and the FEIS/EIR analyzed a multi -year development period for the planned urban reuse project (Tustin Legacy). When individual activities within the Specific Plan are proposed, the lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS /EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. The FEIS/EIR along with its Addenda and Supplement is a program EIR under CEQA. The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is considered a "New Significant Impact" not covered in or "More Severe Impact" than previously analyzed in the FEIS /EIR. The WAS Tustin Zone Change (Specific Plan Amendment) 05 -002, DDA and Development Plan Addendum, p. 1 -1. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 environmental factors summarized in the table below correspond to the checklist and analysis in Section D. ❑ Aesthetics ❑ Flazards /Hazardous ❑ Public Services Materials ❑ Agriculture Resources ❑ Hydrology/Water ❑ Recreation Quality ❑ Air Quality ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Biological Resources ❑ Mineral Resources ❑ Utilities /Service Systems ❑ Cultural Resources ❑ Noise ❑ Mandatory Findings of Significance ❑ Geology and Soils ❑ Population and Housing C. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an . ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact' or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially 1 ""valuation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 U significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers Date: 05 -15 -14 na Wily t Director - Planning �(�,�i/� ' y4� Date 05 -15 -14 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS The following checklist and evaluation of environmental impacts take into consideration the preparation of an environmental document (the FEIS /EIR) which fully analyzed the project. The project does not involve any changes in development intensity or modification in development standards. The checklist and initial study evaluate whether the conditions identified in Sections 15162 and 15168 of the CEQA Guidelines have occurred and require the preparation of a subsequent EIR, supplemental EIR, ND, or MND. The following relevant information is presented for each.of the topical issues presented in the Initial Study environmental checklist to analyze the potential environmental impacts of the project: Project Impact Evaluation • New Significant Impact —a significant impact that was not previously analyzed in the FEIS/EIR • More Severe Impact —an impact that was previously identified in the FEIS /EIR that will be worsened as a result of the project • No Substantial Change from Previous Analysis— impacts analyzed in the FEIS /EIR are sufficiently analyzed in the FEIS/EIR • Mitigation Measures • Sources Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis I. AESTHETICS Would the project: a) Have a substantial adverse effect E] El on a scenic vista? b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site ❑ ❑ and its surroundings? d) Create a new source of substantial light or glare, which will adversely 11 El affect day or nighttime views in the area? II. AGRICULTURE AND FORESTRY RESOURCES Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act ❑ ❑ contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as El El by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 12 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis 51104(g))? d) Result in the loss of forest land or conversion of forest land to non- ❑ ❑ forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result El 1:1 in conversion of Farmland, to non- agricultural use or conversion of forest land to non - forest use? 111. AIR QUALITY Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an existing ❑ ❑ or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ❑ ❑ ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to El ❑ substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ people? IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, El El either directly or through habitat 12 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Anil 21.2014 13 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, El El and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological El E] resources, such as a tree preservation policy or ordinance? 13 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 14 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat ❑ ❑ conservation plan? V. CULTURAL RESOURCES Would the project: ❑ ❑ a) Cause a substantial adverse change in the significance of a El El historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an El El archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ formal cemeteries. VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake ❑ ❑ Fault Zoning Map issued by the State Geologist for the area or based on 14 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 15 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ iii) Seismic - related ground failure, El E] EJ including liquefaction? iv) Landslides? ❑ b) Result in substantial soil erosion ❑ ❑ or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal ❑ ❑ systems where sewers are not available for the disposal of wastewater? VII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a ❑ ❑ significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency ❑ ❑ adopted for the purpose of reducing 15 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 16 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis the emissions of greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through ❑ ❑ the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ❑ ❑ accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 ❑ ❑ and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ El use airport, would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people ❑ ❑ residing or working in the project area? 16 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 17 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Anal is g) Impair implementation of or physically interfere with an adopted ❑ ❑ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are E:1 El adjacent to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge ❑ ❑ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., ❑ ❑ the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course ❑ ❑ of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, El El including through the alteration of the course of a stream or river, or 17 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 18 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater El 1:1 systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade ❑ El water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would ❑ ❑ impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ flooding as a result of the failure of a levee or dam? j) Inundation of seiche, tsunami, or 11 El X. Land Use and Planning Would the project: a) Physically divide an established El El community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to ❑ ❑ the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose 18 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 19 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ communities conservation plan? XI. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would El El be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local ❑ ❑ general plan, specific plan or other land use plan? XII. NOISE Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local ❑ El plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome ❑ ❑ vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project ❑ El vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise ❑ ❑ levels in the project vicinity above levels existing without the project? 19 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 20 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or El El public use airport, would the project expose people residing or working in the project area to excessive noise levels? I) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise ❑ ❑ levels? XIII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes El El businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of . existing housing, necessitating the El El of replacement housing . elsewhere? c) Displace substantial numbers of people, necessitating the construction ❑ ❑ of replacement ho sing elsewhere? XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Aori1 21. 2014 21 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis a) Fire protection? ❑ ❑ b) Police protection? ❑ ❑ c) Schools? ❑ ❑ d) Parks? e) Other public facilities? ❑ ❑ XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational El El such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of El El facilities, which might have an adverse physical effect on the environment? XVI. TRANSPORTATION /TRAFFIC Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the.circulation system, taking into account all modes of transportation including 1:1 E] transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, ❑ El including, but not limited to level of service standards and travel demand 21 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 22 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency 1:1 E] access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian El 1:1 facilities, or otherwise decrease the performance or safety of such facilities? XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or ❑ ❑ expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ ❑ drainage facilities or expansion of existing facilities, the construction of Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Aoril 21. 2014 pal No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, ❑ ❑ EJ or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ project's projected demand in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to El El accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related ❑ ❑ to solid waste? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or ❑ ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but El ❑ cumulatively considerable? pal Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 24 Environmental Issues New Significant Impact More Severe Im acts No Substantial Change From Previous Analysis ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which would cause substantial adverse effects on ❑ ❑ human beings, either directly or indirectly? Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 25 EXHIBIT B Amendment No. 1 to Development Agreement and Amended and Restated Agreement Between the City of Tustin and The South Orange County Community College District for Conveyance of a Portion of MCAS Tustin and The Establishment of an Advanced Technology Educational Campus RECORDING REQUESTED 13Y: AND WHEN RECORDED MAIL TO: City Manager The City of Tustin 300 Centennial Way Tustin, California 92780 Pee Exempt Per Government Code Section 6103 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT AND AMENDED AND RESTATED AGREEMENT between THE CITY OF TUSTIN and THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT for CONVEYANCE OF A PORTION OF MCAS TUSTIN and THE ESTABLISHMENT OF AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS >76144062 \R1R703 \1193093.11 5 /I3 /W 1 F 3. TABLE OF CONTENTS Page Subject and Purpose of This Amendment; Applicable Requirements ....................... 1 1.1 Definitions: Anachments ........................................................ ............................... I 1.2 Background for this Amendment ............................................ ............................... 2 Purposes of this Amendment ............................................................ ..............................3 2.1 Pre-F.xistiug Agreement ......................................................... ....................- .......... 3 2.2 Consideration ........................................................................... ..............................3 EffectiveDate ..................................................................:................. ............................... 3 4. Sublease..... ........................ 3 5. Transfer of Subsequent Parcels ....................................................... ............................... 3 5.1 Exclusion of Valencia Parcel .................................................. ............................... 3 5.2 Escrow Instructions ................................................................. ............................... 4 6. Definition of" Socecd Proper() .y ......................................................... ..............................4 6.1 SOCCCD Property on Amendment Effective Date ................. ..............................4 6.2 SOCCCD Property after County- SOCCCD Land Exchange .. ..............................4 7. Revised LUAP ................................................................................... ............................... 4 8. Effect of Valencia Agreement on Pre - Existing Agreement ........... ............................... 4 9. Adequacy of Amendment CEQA Document ................................... ..............................4 10. Representations .................................................................................. ..............................4 10.1 City ........................................................................................... ..............................4 10.2 SOCCCD .................................................................................. ..............................5 It. Effect of Amendment ........................................................................ ........................:...... 5 5764- 44062%RJD403 \1193093.11 5/13/14 EXHIBITS Desit!nation Description Section Reference A Legal Description of Valencia Parcel B Legal Description of Strip Parcel C SOCCCD Property on Amendment Eflccti\,e Date 1) SOCCCD Property after County Exchange E Revised LUAP Section 1.2.1 Section 1.2.1 Section 6.1 Section 6.2 Section 7 5761 - 44062 \RJD403 \1193093.11 5/13!14 AMENDMENT NO. I TO DEVELOPMENT AGREEMEN "r and AMENDED AND RESTATED AGREEMENT between THE CITY OF TUSTIN and THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE: DISTRICT for CONVEYANCE OF A PORTION OF MCAS TUSTIN and THE ESTABLISHMENT of AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT AND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR CONVEYANCE OF A PORTION OF MCAS, TUSTIN AND THE ESTABLISHMENT OF AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS (this "Amendment ") is dated for identification purposes this day of , 2014 (the "Amendment Identification Date "), is entered. into by and between the CITY OF TUSTIN ("City"). a municipal corporation organized under the laws of the State of California, acting in its capacity as the Local Redevelopment Authority for the disposition and conveyance of portions of the lormer Marine Corps Air Station Tustin. California, and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( "SOCCCD "), a public agency, and amends that certain Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for Conveyance of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus dated May 22, 2013 (the "Pre- Existing Agreement "). This Amendment shall be recorded in the Official Records of Orange County, California immediate[)- following the Amendment Identification Date but shall not become effective until the Amendment Effective Date as set forth in Section 3 below. The City and SOCCCD are sometimes referred to herein individually as a "Party" and collectively as the "Parties." The Parties agree as follows: I. SUBJECT AND PURPOSE OF THIS AMENDMENT; APPLICABLE REQUIREMENTS. 1.1 Definitions; Attachments. Capitalized terms used herein, unless otherwise defined herein, shall have the meanings specified in the Pre - Existing Agreement. Unless otherwise indicated, references in this Amendment to sections, paragraphs, clauses, exhibits, attachments and schedules are those contained in or attached to this .Amendment and all exhibits 5764- 610621R113-003\1193093.11 /13/14 and schedules referenced herein are incorporated herein by this reference as though fully set forth in this Amendment. 1.2 Background for this Amendment. 1.2.1 After the Effective Date of the Pre - Existing Agreement, the staffs of the City and SOCCCD entered into discussions whereby, in exchange for certain compensation. SOCCCD would relinquish to the City all of SOCCCD's rights to acquire a 4.53 acre parcel of real property located north of Valencia Avenue and more particularly described in Exhibit A attached hereto (the "Valencia Parcel ") and for SOCCCD to convey to the City a 0.57 acre parcel of real property located at tine southeast corner of the intersection of Valencia Avenue and Red Hill Avenue and more particularly described in Exhibit B attached hereto (the "Strip Parcel"), The Valencia Parcel and the Strip Parcel are sometimes hereinafter collectively called the "Parcels." 12.2 The agreement between the City and SOCCCD concerning the Valencia Parcel is set forth in a document entitled "Agreement Concerning Valencia Parcel between the City of Tustin and South Orange County Community College District" of even date herewith (the "Valencia Agreement. ") On , 2014, the City Council, by Resolution No. approved the Valencia Agreement and on , 2014, by Resolution No. . the Board of Trustees also approved the Valencia Agreement. The form of this Amendment is attached as Exhibit C to the Valencia Agreement. 1.2.3 On , 2014, City's Planning Commission held a duly noticed public hearing on this Amendment in accordance with the Development Agreement Ordinance, and determined that consideration of this Amendment complied with CEQA based on the Initial Study Checklist dated , 2014 ( "Amendment CEQA Document ") prepared in connection with City's consideration of this Amendment. In addition, at such meeting the Planning Commission (A) determined that (i) this Amendment was consistent with the Specific Plan: (ii) this Amendment is in conformity with public convenience, general welfare and good land use practice, will not be detrimental to the health safety and general welfare of the community and will not adversely affect the orderly development of property or the preservation of property values, and (iii) this Amendment is advantageous to and benefits City; and (B) for these reasons recommended that the City Council approve and enact this Amendment in accordance with Tustin Citv Code Sections 9614 -9615. inclusive. 1.2.4 On , 2014, the City Council introduced and conducted a first reading of proposed Ordinance No. enacting this Amendment, and held a duly noticed public hearing. Upon conclusion of the public hearing, the Cite Council determined that this Amendment complies with CEQA, and found it to be consistent with the City s General flan, the Specific Plan and the Development Agreement Ordinance. 1.2.5 On , 2014 (the "Amendment Approval Date "), the City Council conducted a second reading and adopted Ordinance No. _, approving this Amendment. 5764- 44062\RJD403U 193093.11 5!13114 2.6 Sections 65864 through 65369.5 of the California Government Code (the "Development Agreement Laws ") authorize City to establish procedures to enter into binding development agreements with persons having legal or equitable interests in real property located within City for development of the property. 1.2.7 Section 65867 of the California Government Code allows cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property tinder the Development Agreement Laws. 2. PURPOSES OF THIS AMENDMENT. 2.1 Pre - Existing Agreement. The purpose of this Amendment is (a) to rescind the obligation of the City under the Pre - Existing Agreement to convey the Valencia Parcel to SOCCCD and (b) to remove both. of the Parcels from the coverage of the Pre - Existing Agreement by changing the definition of "SOCCCD Property." 2.2 Consideration. The Parties acknowledge that the consideration to be received by City and SOCCCD pursuant to this Amendment and the Valencia Agreement constitute sufficient consideration to support the covenants and agreements of City and SOCCCD. 3. EFFECTIVE DATE. Notwithstanding the dates on which the enacting ordinance becomes effective and this Amendment is recorded, it shall not become effective by its terms until such date (the "Amendment Effective Date ") as the close of escrow for the Valencia Agreement shall occur. Such close of escrow shall be evidenced by the recordation in the Official Records of a Memorandum of Amendment Effective Date, to be recorded upon the close of escrow of the Valencia Agreement. In the event that the Amendment Effective Date shall not have occurred on or before September 30, 2014 (the "Outside Effective Date "), then this Amendment shall terminate and be of no further force or effect. The Parties may, however, extend the Outside Effective Date without processing an amendment to this Amendment or the Pre- Existing Agreement on one or more occasions provided that such extension is reduced to writing and executed by the City's City Manager and SOCCCD's Chancellor. Until the Amendment Effective Date, the Pre - Existing Agreement shall remain unaffected and in full force and effect and shall likewise remain in full force and effect if this Amendment terminates without ever having become effective. 4. SUBLEASE. Upon the closing of the Valencia Agreement, the Original Sublease (as amended by Amendment No. 1 thereto) will be amended pursuant to that certain Amendment No. 2 thereto in the form attached as an exhibit to the Valencia Agreement (the "Valencia Sublease Amendment'; the Original Sublease as modified by Amendment No. 1 thereto and the Valencia Sublease Amendment shall be referred to herein as the "Updated Sublease"), Pursuant to the Valencia Sublease Amendment, the Initial Sublease Area will be modified to remove the Valencia Parcel. The remaining real property covered by the Updated Sublease is hereinafter called the "Updated Sublease Area." The Updated Sublease Area will be more particularly described in that certain Amendment No. 2 to Short Fornt Notice of Sublease in the form attached as an exhibit to the Valencia Agreement ( "Amendment No. 2 to Notice of Sublease "), which will be recorded in the Official Records upon the closing of the Valencia Agreement. 3 5764 - 44062�.R1D403 \1 193093.11 5/13/14 5. TRANSFER OF SUBSEQUENT PARCELS. 5.1 Exclusion of Valencia Parcel Notwithstanding anything to the contrary in the Pre - Existing Agreement, the Valencia Parcel shall not be included in the term "Subsequent Parcels' and the City shall have no obligation to convey the Valencia Parcel to SOCCCD. Upon the conveyance of the Valencia Parcel to the City by the Navy, the City shall retain the Valencia Parcel for uses in accordance with the Valencia Agreement. 5.2 Escrow Instructions. This Amendment shall constitute an Amendment to the joint escrow instructions of SOCCCD and City to Escrow Holder (First American Title) contained in the Pre - Existing Agreement. 6. DEFINITION OF " SOCCCD PROPERTY." The real property governed by the Pre - Existing Agreement as amended by this Amendment shall be known as the " SOCCCD Property'." Upon the close of escrow of the Valencia Agreement, the real propert y governed by the Pre- Existing Agreement as amended hereby, and the definition of " SOCCCD Property" as used in the Pre - Existing Agreement as amended hereby, shall be deemed to exclude the both of the Parcels. 6.1 SOCCCD Property on Amendment Effective Date. The term " SOCCCD Property on Amendment Effective Date" describes the property in Tustin Legacy that will be owned or subleased by SOCCCD on the Amendment Effective Date after the consummation of the transfers contemplated by the Valencia Agreement. The SOCCCD Property on Amendment Effective Date is more particularly described in Exhibit C attached hereto, which shall supersede and replace Exhibit D to the Pre- Existing Agreement 6.2 SOCCCD Propertv after Countv - SOCCCD Land Exchange. The term " SOCCCD Property after County Exchange" describes the property in Tustin Legacy that will be owned or subleased by SOCCCD after the close of the County- SOCCCD Land Exchange. The SOCCCD Property after County Exchange is more particularly described in Exhibit D attached hereto, which shall supersede and replace Exhibit E to the Prc- Existing Agreement. Upon the closing of the County - SOCCCD Land Exchange, the real property governed by the Pre - Existing Agreement as amended hereby, and the meaning of the term " SOCCCD Property," shall, automatically and without further action by either Party, be deemed to encompass the SOCCCD Property after County Exchange as described in Exhibit D attached hereto. 7. Revised LUAP. Attached hereto as Exhibit E. is a revised Land Use and Access Plan ( "LUAP ") showing the general features of the development planned for the SOCCCD Property, including access points and land uses. The attached Exhibit E shall supersede and replace Exhibit F to the Pre- Existing Agreement. 8. EFFECT OF VALENCIA AGREEMENT ON PRE - EXISTING AGREEMENT. The Parties hereto acknowledge and agree that neither the square footage of development permitted by the Pre - Existing Agreement nor the ratio of Land Use Category I to Land Use Category 2 development nor the number of trips assigned to the SOCCCD Property shall be 4 i iGl- 4406?M D403\ 1193093.11 5/13/14 affected by SOCCCD's relinquishment of its rights to the Valencia Parcel, the conveyance of the Strip Parcel or by any other provision of the Valencia Agreement. 9. ADEQUACY OF AMENDMENT CFQA DOCUMENT. SOCCCD acknowledges that the Amendment CEQA Document is a legally adequate and sufficient document, prepared and approved in a manner consistent with all applicable provisions of federal and state law. 10. REPRESENTATIONS 10.1 City. 'f he City hereby represents to SOCCCD that on and as of the date of this Amendment and on and as of the Closing, City has fill capacity, right, power and authority to execute, deliver and perform this Amendment and all documents to be executed by City pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the closing of the Valencia Agreement. The individuals signing this Amendment and all other documents executed or to be executed pursuant hereto on behalf of City shall be duly authorized to sign the same on City's behalf and to bind City thereto. This Amendment and all documents to be executed pursuant hereto by City are and shall be binding upon and enforceable against City in accordance with their respective terms. 10.2 SOCCCD. SOCCCD hereby represents to City that on and as of the date of this Amendment and on and as of the Closing, SOCCCD has full capacity, right, power and authority to execute, deliver and perform this Amendment and all documents to be executed by SOCCCD pursuant hereto, and all required action and approvals therefore have been duly taken and obtained for the closing of the Valencia Agreement. 'file individuals signing this Amendment and all other documents executed or to be executed pursuant hereto on behalf of SOCCCD shall be duly authorized to sign the same on SOCCCD' s behalf and to bind SOCCCD thereto, This Amendment and all documents to be executed pursuant hereto by SOCCCD are and shall be binding upon and enforceable against SCICCCD in accordance with their respective terms. 11. EFFECT OF AMENDMENT. Except as specifically otherwise set forth in this Amendment, the Pre - Existing Agreement shall remain in full force and effect as set forth therein. /Signatures Included on Following Pagesl 5 5764 - 44062 \RlW03VI 193093.11 5/13/14 The Parties have each executed this Amendment as of the date first written above. CITY OF TUSTIN, a California municipal corporation Name: Jeffrey C. Parker Title: _City Manager Approved as to Form: City Attorney or Special CUURsel By: Davits E. Kendig, City Attorney SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a California public agency Bv: Name: Gary L. Poertner Title: Chancellor Approved as to Form: SOCCCD Counsel Jackson, DeMarco, TIdnS R Peckenpaugh By: Andrew P. Bernstein, Fsq. G i 761-!4062 \RJD403 \1193093.11 5113114 STATE OF CALIFORNIA COUNTY OF On , 3014, before me, (here insert name end title of the officer) personally appeared .leff -ey C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Signature: STATE OF CALIFORNIA COUNTY OF On , 2014, before me (here insert name and title of' the o0icer) personally appeared Gary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Signature: 5761 - 4106 ?1RJD403 \1193093.11 /13/14 Exhibit A Legal Description of The Valencia Parcel (Area 10) ( #1147474) 5761- 440621R1D40311193093.11 113114 �® BRF � April 29, 2013 BKF Nu.'_0122006 -13 Ci® an 1'a e1of2 Fu;iuii:s. 5uevtrows. PIA Zi5 LEGAL DESCRIPTION OP AREA NO. 10 'Dustin, CA Portion of APN: 430-282-11 and All of APN: 430- 282 -10 Real properly situated in the City of "fustin, County of Orange, State of California, described as follows: Being a pnrtion of PARCF1. 1V -111 and a!I of PARCEL IV -J -5 as said parcels are described in that certain document entitled "SI10RT FORM NOTICE OF LEASE IN FURTHERANCE 01 CONVEYANCE" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly corner of said PARCEL IV -1-5; Thence along the easterly line of said PARCEL IV -J -5, South 07 °1 P09" Nest, 236.11 feet to the southwesterly line ofsaid PARCEL IV -J -5: Thence along said Soulhtecstcrly line of PARCEL IV-J-3 and PARCEL 1V -J -4 the followingg five (5) courses I. North 73 °31''6" Nest, 47160 feet; 2. South 64 004'33" West, 24.04 feet to die beginning of a tangent curve having a radius of 1038.68 feet; 3. Northwesterly along.said curve, through a central angle of 05 027'40 ", for an are length of 99.00 feet to the beginning of a compound curve, having a radius of 1353.04 feet; 4. Along said curve northwesterly, through a central angle of 16 °07'53" for an arc lenclh oC 380.94 feet; 5. North 49 019'54" West, 183.81 feet; Thence leaving said southwesterly line, North 40 °40'06" East, 32537 feet to the northeasterly line of said PARCEL IV -J -4; Thence along said northeaster!), line of said PARCEL IV -1 -4 and continuing along, the northeasterly line of said PARCEL IV -5, South 49 °10'56" East, 576.11 feet to the POINT OF BLGINNING. Paoe l of 2 Containing an area of 197,272 square feet or 4.529 acres more or loss. Rein, a portion of Assessor's Parcel Number 530- 232 -11 and all of Assessor parcel number 430 - 252 -10 As shown on "Schedule I" attached hereto and wade a part hereof. For: lIKF Engineers BY: mvwnf; Davis Thresh, P. . Ko. 6563 `�'f' License expires: 09 -30 -2014 y.' ;,u. em ,,,;..,' Date: KaiuMg2ZO06 U Al A'1and Soap 1'IJIS1fJH'G', \1AIMLEG, \LSLLAND LXCIIANGC I O.dw Page 2 of 2 PROPOSED AREA 7 ( LAND EXCHANGE 9 AREA NO. 10 °m 197,272 sq. ft.± 4.529 acres± z PARCEL IV -J -4 C{ DOC. NO. 20020404590 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430-282-11 R= 1353.04' 6= 16'07'53" L= 350.94' SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430- 282 -10 PARCEL IV -J -5 DOC. NO. 20020404590 R= 1038.66' N 19'04'33" E(R) 6=5'27'40" /� — L =gg pp• / S 64'04'33" Y! 24.04' 09 0� SO >> N 73'31' �� 26" V 47.60'' X: \SUR12 \122006- I3PI.ATS \I.AND SWAP 10.DWG J� 600 SOUTH MAIN STREET SUITE 920 ORANGE, CA 92868 714- 415 -0500 714 - 415 -0599 (FAX) O N all LEGEND P.C.B. POINT OF BEGINNING CITY OF TUSTIN APN: 430 - 282 -26 PLAT TO ACCOMPANY LEGAL DESCRIPTION SubJ'ect SCHEDULE 1 LAND EXCHANGE ARCA 10 _ Job No. 20102006 -13 By RL _ Date 4/19/13 Chkd.WS SHEET 1 OF 1 Exhibit B Legal Description of The Strip Parcel (Area 16) ( #1199289) 5761- 4406NU D40311 193093.11 5/13/14 2 3 4 5 6 7 8 9 to —11 12 13 14 15 16 17 is 19 2U 21 22 23 24 PS OMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of Cali fomia, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, both of the records of said County, described as follows: Parcel I.E.4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 40 "37'39" East between Valencia Avenue and Warner Avenue; thence South 49 °20'07" East 103.05 feet; thence South 40 °39'53" West 52.00 feet to the True Point of Beginning; thence South 49 920'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said cu. ve 45.04 feet through a central angle of 1'54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bees North 42'34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16 °18'19 "; thence South 31 °06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central angle of 12'42'56 "; thence South 43 °49'53" East 61.09 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14 °09'14 "; thence South 57'59'07" East 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14 °09'17 "; thence South 43 °49'50" East 9.46 feet to the beginning of a curve PaSurveys Qus0102004cpmuVcgal- !';�eel_I E-4.da ,1176,12 2:06 P.M Page I of 2 1 2 3 4 5 6 7 8 9 to 11 12 13 14 l5 16 I 17 I 1s ,I 19 20 21 22 PS OMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2 °32'29'; thence South 02 °51'08" East 23.41 feet; thence South 47 °19'39" East 11.70 feet; thence South 40 °29'44" West 47.00 feet; thence North 49`19'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40 °37'39" East 59.07 feet to a point lying South 8538'32" West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85 °38'32" East 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit "B" attached hereto and by this reference made a pan hereof: prepared under my supervision Walter A. Sheek P.L.S. 4838 Revised April 17, 2002 i/ Date F:\SurveysUtQsOi0200trcpom\s egal-Parcel_I.E.4.dnc 426/02 2:06 PM Page 2 of 2 LAA'0 �.� E LS 4838 I* ItPiR_s: 9/]0/04 1 QVEU BY a" - -- - -- ° EXHIBIT B 0, R. RS 97-10-1—j —VALENCIA AVE. o S4079'WW N42-3Y44•E LOT -POE 5/2!.00' PCC (RAD) /`J 1 _a / 5 9'20'0TE ^ f� p 4 Il103.05• -''h .�C. \.C2 /L2 LJ ,U� .._ f,P.0.8. 1 1J Ca La`�C5) t5\ C6 Lo (I\ LI PARCEL 1 —E -4 r - aY—{I -59,07- 47.00•x% I N49')9 54W 35),99 -� ry I I i b, dl i Ir T Lij Q $I Is /� I LI J gl� T I o Q I St -1 uj t5'DtR A S �) NOT A PART ,y N T�,a WI — _ — 1o, y r i _ �N nl L * LS 4la0 k I CURVE TABLE v \$. EMPgTl a /ao /w RADIUS LENGTH DELTA CI 13804 4.04 01`5451 C7 0� '1 }q +`T C j 11.95 161_8.1 R` W GL1fC�. C3__ 11 5 615 C2 t4 10' �4 0 tl� 14C7 6 _.4 R . 2 •5.00 1 4^ t' 8_ /�S,D; bI I /ryy966` �l, �I ! PROVED BY i OATS 5 —c -U L9 r LB i J _ _ _ ti43 2? Exhibit C Legal Description of SOCCCD Property on Amendment Effective Date (Area H2) ( #1202859) 5764 4406N ONO3 1 193093.11 ?/13/14 I: BKF PNOINr EIS SURVEYORS PUNNERS SOCCCD Prouerty on Effective Date w/ ROW Tustin, CA AREA H2 Portion of APN: 430- 283 -16 and 430- 283 -18 And all of 430 -283 -10 and 430 - 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 5 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I -E -LI, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -1 -6 and all of PARCEL W- J -7,.as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled ,,QUITCLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT'r0 CIVIL CODE SECTION 1471 ", filed for record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 112: COMMENCING at the most northwesterly corner of said PARCEL I -E -2; Thence along the northwesterly line of said PARCEL I -E -2, the following live (5) courses: I. North 40 037'39" East, 50.00 feel; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 037'39" East, 180.00 feel; 4. North 49 °22'21" West, 12.00 feet; 5. North 40 037'39" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly the following ter. (10) courses: 1. North 40 037'39" East, 376.02 feet; 2. North 49 °22'21" West, 5.00 feet; 3. North 4003739" East, 797.69 feet; Page 1 of 4. SonLl: 49022'21" East, 13 1.8 1 feet to the beginning of tangent curve concave to the northeast, having a radius of 25.00 feet; 5. Along said curve, through a central angle of31 001'38 ", for an arc length of 13.54 feet; 6. South 80 023'59" East, 76.58 feet; 7. South 86 °54'41" East, 259.66 feet the beginning of a tangent curve, concave to the northwest, having a radius of 1450 feet; 8. Easterly and northerly along said curve, through a central angle of 86 °28'53 ", for an arc length or 21.89 feet to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Northerly and northeasterly along said reverse curve to the right through a central angle of 33 053'17 ", for an urc length of 214.11 feet; Ill. North 40 029'44" East, 282.84 feet to the northeasterly line of said PARCEL 1 -E - L1; Thence continuing along said northeasterly line said PARCEL I- F -1.1, South 47 019'39" East, 44.34 feet; Thence corainuing along last said northeasterly line of said PARCEL I- E -1.1, the fullowing four (4) courses: I. North 85 040'06" East; 24.04 feet; 2. South 49019'54" East, 9.96 feet to the begiruting of a tangent curve concave to the northeast having a radius of 3,108.58 feel; 3. Southeasterly along said curve, through a central angle of 02 °18'05 ", for an arc length of 124.86 Feet to the beginning ofa reverse curve, having a radius of 3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 02 °t 8'05 ", for an arc length of 124.22 feet; Thence continuing along said northeasterly line and the northeasterly line ofsaid parcel IV -J-6, the following sixteen (16) courses: I. South 49'19'54" East, 313.83 feet to the beginning of tangent curve concave to the northeast, having a radius of 1,447.04 feel; 2. Along said curve, duough a central angle of 01023'53 ", for an arc length of 35.31 feet; 3. South 04 058'49" East, 24.36 feet; 4. South 54 027'57" East, 56.24 feet; 5. North 83 015'15" East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having radius of 1,447.04 feet, to which point a radial line bears South 35 044'30" West; 6. Southeasterly along said curve, through a central angle of 11 053'59 ", for an arc length of 300.54 feet; Page 2 of 5 7. South 66 °09'29" East, 52.51 feel; B. South 21 °09'25" East, 24.04 feet; 9. South 68'1T15 " East, 6236feet; 10. Thence North 64 009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet, to which point a radial line bears South 19°14'54" West; 11. Southeasterly along said curve, through a central angle of 04 056'38 ", for an arc length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; 12. Along said curve, through a central angle of 00 °41'45 ", for an are length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 11 °54'29 ", for an arc length of 29.51 feet; 14. South 64029'00" East, 15.88 feet to the beginning of a tangent curve concave to the northeast, having a radius of 158.00 feet; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length of 41.02 feet; 16. South 79 021'27" East, 218.54 feet to the southeasterly line of said PARCEL, IV -J -6; Thence leaving said line and along said southeasterly line the following eleven (11) courses: I. South 31 020'58" East, 40.12 feet; to the beginning of a non tangent curve, concave to the west, I•i.aving a radius of 1,354.04 feet, to which point a radial line bears South 73`20'33" East; 2. Southerly along said curve, through a central angle of 02 °02'49 ", for an arc length of 48.38 feet to the beginning of a compound curve, having a radius of 42.00 feet; 3. Southwesterly, along said compound curve through a central angle of 16011,24", for an arc length off 1.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13`44'05 ", for an arc length or 13.90 feet to the beginning of a reverse curve, having a radius of 1,3420.04 feet; 6. Southerly along said reverse curve to through a central angle of 02'27'21" for an are length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 044'05 ", for an arc length of 13.90 fact; 8. South 09 °52'51" West, 33.43 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; Page 3 of 5 9. Along said curve, through a central angle of 16'1 1'24 ", for an are length of 11.87 feet to the beginning of a compound curve, having a radius of 1,354.04 feet; 10. Along said compound curve through a central angle of 23027'25 ", for an are length of 55434 feet; I I. North 15 °49'01" West, 382.89 feet to the southeasterly line of said PARCEL IV -J -7; Thence leaving said southeasterly line of said PARCEL IV -3-6 and along the southeasterly line of said PARCEL IV-J-7, South 71'36'25" West, 351.77 feel, Thence continuing along said southeasterly line of said APARCF;L IV -J -7 and continuing along said southeasterly line of PARCEL IV-1-6, North 77038'59" West, 256.30 feet; "(hence along the southeasterly line of said PARCEL IV-J-6, the following four (4) courses: I. South 40 038'46" West, 486.27 feet; 2. South 49 °21'14" East, 459.00 feet to the beginning of a non tangent curve concave to the - southeast, having a radius of 1,446.04 feet, to which point a radial line bears North 29 °41'43" West; 3. Southwesterly along said curve, through a central angle of 21'07'46", for an arc length of 533.27 feet: 4. South 39'10'31" West, 163.56 feet to the southwesterly line of said PARCEL IV -J -6; Thence along last said southwesterly line, North 33057'12" West, 70.07 feet to the westerly line of said PARCEL IV -J -6; "Thence leaving said southwesterly line and along said westerly tine, North 09 021'06" East, 300.94 feet to the southeasterly line ofsaid PARCEL I- E -1.1; Thence along last said southeasterly line the lollowing four (4) courses: I. Noah 50049'29" West, 398.40 feet; 2. South 409915" West, 88.79 feet; 3. North 50 °0815" West. 157.68 feet 4. South 39 °51'45" West, 231.82 feet; Thence leaving last said line, North 49'20'45" West, 213.37 feet; Thence North 409915" East, 20.88 feet; Thence North 49020'45" West, 718.34 to the TRUE POINT OF BEGINNING. Page 4 of 5 Containing a total area of 2,838,194 square feet, 65.156 acres more or less. Being a portion of Assessor's Parcel Numbers: 430 - 283 -16 and 430 - 283 -18. Being all of Assessor Parcel Numbers 430- 283 -09 and 430 - 283 -10. As shown on "Schedule I" attached hereto and made a part hereof. For: BKF Engineers By: Davis I hresh, P.L.S. No. 6868 License expires: 09 -30 -2014 Date: _ K]Sur 121122M61 AATEP Land Swup N. Ls DWCANIAMLAND EXCHANGE. LEGALS +AREA ILdue Page 5 o r 5 RED HELL AVEHUE P.O.C. L1 N 40'37'39' E N 40'37'39" E AREA HI-1, `N 40'3739" E 343.98' 376.02' � _ 180.00' AREA H2 - AREAS B. C, D, Z 3, 4, 5, 11, 12A and 128 J SEE SHEET 3 OF 3 °. FOR LINE AND CURVE TABLES N LEGEND APN ASSESSOR PARCEL NUMBER P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT T.P.0.8. TRUE POINT OF BEGINNING m 1Q DOC, N0. 2004000396376 a 7� DAMS THRESH No. 6868 Yd N 40'37'39" E 797.89' 200.42' 4'. 1.4 1 T.P.O.B. AREA H1 AREA B PARCEL I -E -2 DOC. NO. 20020404595 APN: 430 - 283 -18 AREA H2 2.838.194 sR.(t.± 65.156 acres± o AREA 12A U PARCEL I -E -1.1 DOC. NO. 2004 - 000369376 f APN: 430- 283 -16 S 39'51'45` W Z 231.82' o - S 40'39'15' W 88.79' AWN �. Z am 9D ka N 33'57'12" W 70.07'_ S 39'10'31" W 163.56' A AREA 12B PARCELIV -J -6 DOC. NO. 20020404590 A F' MMJ'AJ[1 F *Jnd(c A 1L #NjP11F R= 1446.04' A--21'07'45" L- 533.27' Cl) AREA 6 w N W x w w J x r i AREA C 9 CS d d M9 wr © AREA 4 � AREA D Q a� w m O A m \9 9�3., W F:s 12\122M.13 AYU Punbw EC MM PUM\ME +N.0M PLAT TO ACCOMPANY LEGAL Subject SCHEDULE i SUIT WILLOW ft0 SUITE 250 AREA H2 PLEASANTON, CA 94588 Job No. 20122006 925- 396 -7700 By MR Date 05 /06/14 Chkd.W§ L -1.sn�+�t��� 925- 396 -7799 (FAX) SHEET 1 OF 3 N 40'37'39° E 797.89' 03 Lu Z w Q J J w W U G a a S 49'22'21" E 131.81' �n N N `f � WO Q IN Lu - o JO U� <Z a 0 0 RED HOdd &VENUE AREA 16 — PARCEL I -E -4 C1 DOC. NO. 2004-000369376 OD N W A f1 Ny d AREA D C9 GS AREA 4 PARCEL IV -J -6 L17 r 9 DOC. NO. 20020404590 APN: 430- 283 -09 1-19 5 35'44'30" W (R) R =1447.04' C= 71'53'59" c 4n•1R'46 "W 486.27 L= 300.54' LAHSOO ME AREA 10 PARCEL IV -J -4 DOC, NO. 20020404590 APN: 430- 282 -11 1 PARCEL IV -J -5 DOC. NO. °s. 1 � 2 sY L20 J W 6, O0, PARCEL IV -J -7 N w z ^ N 40'29'44" E G ,p L w R= 362.00' 282.84' /L w C2 6-33'53'17" R =3108.58' z AREA H2 L =21 -.11 a 216os" ?s• 5 g�A� L24 L= 124.86' C13- _ 2.838,194 sq.ft.t (124.83')(1 �� ?� v r 65.156 -crest R= 3092.58' vVJl 1v/ a L=124.22' Ny AREA C Ct C16 1L 26 PARCEL I -E -1J 0 MI DOC. N0, 2004 - 000369376 QQ' C17 ? L= 554.34' C1 C14 �/ C15 APN: 430 - 283 -10 0 u w Q OD N W A f1 Ny d AREA D C9 GS AREA 4 PARCEL IV -J -6 L17 r 9 DOC. NO. 20020404590 APN: 430- 283 -09 1-19 5 35'44'30" W (R) R =1447.04' C= 71'53'59" c 4n•1R'46 "W 486.27 L= 300.54' LAHSOO ME AREA 10 PARCEL IV -J -4 DOC, NO. 20020404590 APN: 430- 282 -11 1 PARCEL IV -J -5 DOC. NO. Z � L20 L21— W °o O0, PARCEL IV -J -7 N p, 4 DOC. N0. 20020404590 L23 m APN: 430 - 283 -10 10 S• W lR C12 ctt / ,AREA 11 AREA 15 ?s• 5 g�A� L24 PARCEL IV -J -8 C13- � DOC. NO. 20020404590 moo+ �� ?� APN: 430 - 283 -11 N vVJl 1v/ Ct C16 1L 26 R =1354.04' L27 6= 23'27'25" r `� �/ QQ' C17 ? L= 554.34' C1 C14 �/ C15 C19 WILLOW RD Subject SCHEDULE 1 SUIT swrE zsD AREA H2 yc PLEASANTON, CA 94588 Job No. 20122006 - 925- 396 -7700 By MR Date 05/06/14 Chkd.WW_ E�lsmw wlpu� 925- 396 -7799 (FAX) SHEET 2 OF 3 Exhibit D Legal Description of SOCCCD Property after County Exchange (Area 12) (#1202860) 5 7 64-1106 2OZI D440311 193093.11 5/13/14 BKF May 06, 2013 BKF No. 201 ?2006 -I } Page] of 4 EMGIMIL¢S'Sa¢YEVORt POWMEtS SOCCCD Properl% after Countv Exchange w /ROW 'Tustin, CA AREA 12 Portion of APN: 430- 283 -16, 430- 283 -18 and 430- 283 -09 And all of 430- 283 -10 and 430 -283 -11 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I- E -1.1, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -J -6 and all of PARCEL IV -1 -7 and PARCEL IV -J -8 as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled "QUITCLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 12: COMMENCING at the most northwesterly corner of said PARCEL I -E -2; 'thence along the northwesterly line of said PARCEL I -E -2, the following five (5) courses: 1. North 40037'39" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 °37'39" East, 180.00 feet; 4. North 49 °2221" West, 12.00 feet; 5. North 40037'39" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly and continuing along the northwesterly liner of said PARCEL. I -E -I.1 line the following ten (10) courses: I. North 40 037'39" East, 376.02 feet; 2. North 49 °22'21" West, 5.00 feet; 3. North 40 °37'39" East, 797.89 feet; 4. South 49 022'21 " East, 131.81 feet to the beginning of 'a tangent curve concave to the northeast, having a radius of 25.00 feet; Page 1 of 5. Along said curve, through a cenhaI angle of 31 °01'38 ", for an arc IengtIt of 1354 feet; 6. South 80 023'59" East, 76.58 feet; 7. South 86 °54'41" East, 259.66 feet the beginning of a tangent curve concave to the northwest, having a radius of 14.50 feet; 8. Along said curve, through a central angle of 86 °28'53 ", for an arc length of 21.89 feet to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Along said reverse curve to the right through a central angle of 33 053'17 ", for an arc length of 214.11 feet; 10. North 40°29'44" East, 282.84 feet to the northeasterly corner of PARCEL I- E -1,1; Thence continuing along the northeasterly line of said PARCEL I- E -1.1, South 47 019'39" East, 44.34 feet; Thence continuing along last said northeasterly line of said PARCEL I -E -1.1 the following four (4) courses: 1. North 85 040'06" East, 24.04 feet; 2. South 49019'54" East, 9.96 feet to the beginning of a tangent curve concave to the northeast having a radius of 3,108.59 feet; 3. Southeasterly along said curve, through a central angle of 02 °18'05 ", for an arc length of 124.86 feet to the beginning of a reverse curve, having a radius of 3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 02 018'05 ", for an arc length of 12422 feet; Thence continuing along said northeasterly line and the northeasterly line of said parcel IV -J -6, the following sixteen (16) courses: I. South 49 019'54" East, 313.83 feet to the beginning of tangent curve concave to the northeast, having a radius of 1,447.04 feet; 2. Along said curve, through a central angle of 01 °23'53 ", for an arc length of 35.31 feet-, 3. South 04 058'49" East, 24.36 feet; 4. South 54 027'57" East, 56.24 feet; S. North 83° 15'15" East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having radius of 1,447.04 feet to which point a radial line bears South 35 °44'30" West; 6. Along said curve, through a central angle of 11 °53'59 ", for an arc length of 300.54 feet; 7. South 66°09'29" East, 52.51 feet; Page 2 of 4 8. South 21'09'25" East, 24.04 feet, 9. South 68'11 T15" East, 6236 feet; 10. Thence North 64 00920" East, 23.85 feet to the begiuning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet; 11. Southeasterly along said curve, through a central angle of 04 056'38 ", for an arc length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; 12. Along said curve, through a central angle of 00 °41'45 ", for an arc length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 11 054'29 ", for an we length of 29.51 feet; 14. South 64 °29'00" East, 15.88 feet to the beginning of a tangent curve concave to the northeast, having a radios of 158.00 feet; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length of 41.02 feet; 16. South 79 °21'27" East, 218.54 feet to the southeasterly line of said PARCEL IV -J -6; Thence leaving said line and along said southeasterly line the following twelve (12) courses: I. South 31020'58" East, 40.12 feet; to the beginning of a non tangent curve, concave to the west, having a radius of 1,354.04 feet, to which point a radial lire bears South 73 020'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an arc length of 48.38 feet to the beginning of a compound curve, having a radius of 42.00 feet; 3. Southwesterly along said compound curve through a central angle of 16 011'24 ", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an are length of 13.90 feet to the beginning of a reverse, having a radius of 1,342.04 feet; 6. Southerly along said reverse curve to through a central angle of 02 °27'21" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 044'05 ", for an are length of 13.90 feet; 8. South 09 °52'51" West, 33.42 feet to the beginning of a tangent concave to the northwest, having a radius of 42.00 feet; 9.. Southwesterly along said curve, through a central angle of 16 °I 1'24 ", for an arc length of 11.87 feet; to the beginning of a compound curve, having a radius of 1,354.04 feet; Page 3 of 4 1 0 . Southwesterly, along a compound curve through a c e ntral angle of 41 °31'35 ", for an arc length of 981.37 feet; _ It. South 67 035'50" West 139.46 feet to the beginning of a tangent curve concave to the southeast, having a radius of 1,446.04 feet; 12. Thence along said curve, through a central angle of 14 °13'35 ", for an arc length of 359.05 feet; Thence leaving said southeasterly line, North 090 19'25" East, 37.52 feet to the beginning of a non tangent curve, having a radius of 1,354.00 feel, to which point a radial line bears North 55016'36" East; Thence along said curve, through a central angle of 14 03750 ", for an arc length of 345.75 feet; Thence North 49 °21'14" West, 47.55 feel; Thence North 50 °48'31" West, 611.91 feet; Thence South 409915" West, 615.85 feet; Thence North 49 020'45" West, 718.34 feet to the POINT OF BEGINNING. Containing an area of 2,838,645 square feet, or 65.166 acres more or less. Being a portion of Assessor Parcel Numbers: 430. 283 -16, 430 - 283 -18 and 430. 283 -09 And all of Assessor Parcel Numbers 430 - 283 -10 and 430 -10 -11 As shown on "Schedule I" attached hereto and made a part hereof. For: BKF Engineers By: Davis Thresh, P.L.S. No. 6868 License expires: 09- 30.2014 Date: K9S.,1212006 13 Al UP land Swap PUe 'D WGV IAIN%L.Vdn E.XCHA VGE LLG.NI.SV\REA I doe Page 4 of 4 RIED MOLL pW12HUE P.O.C. Ll N 40'37'39" E N 40'37'39" E N 40 AREA It�, N 40'37'39" E 343.98' 376.02' 200.42' 1 180.00' — L2 L3 L4 E 797.89' TOTAL AREA 1 3,060,594 sq.fl.t 70.262 ocres3 DAVIS THRESH No. 6868 L28 LO R =1354.00' Q 6= 14'37'50' LU L= 345.75' Q >ARA 126 ��ll PARCEL IV -J -6 DOC. NO. 20020404590 N 55'16'36" E 6=14'13'35' &OI SMON® AVENUIE L =359.05* N SUP13�13]OOB.1J Aire P n\DW \[1U a R M \AREA LOWL PLAT TO ACCOMPANY LEGAL 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA 12 PLEASANTON, CA 94588 Job No. 20122006 5....' 925- 398 -7700 By MR Date 05/06/14 Chkd.g- — u�ls�ve�l�u� 925- 396 -7799 (FAX) SHEET 1 OF 3 �T.P.0.8. AREA 11 I AREA B Q AREA 6 Z PARCEL I —E -2 W AREA 12 = AREAS B. C. D, 3, 4, it AND 15 DOC. NO. 20020404595 y APN: 430- 283 -18 � SEE SHEET 3 OF 3 0 FOR LINE AND CURVE TABLES > w LEGEND AREA 12 APN ASSESSOR PARCEL NUMBER 2,838,644 sq.ft.t w y P.O.B. POINT OF BEGINNING 65.166 OCresi P.O.C. POINT OF COMMENCEMENT w T.P.O.B. TRUE POINT OF BEGINNING 1O DOC. NO. 2004000369376 a x a AREA C a S 40'39'15" W 615.85' ml AREA 12A Q M1 PARCEL 1 —E -1.1 z DOC. NO. 2004 - 000369376 u, A APN: 430- 283 -16 Q i m ® AREA 4 s � O1 tp A. AREA D TOTAL AREA 1 3,060,594 sq.fl.t 70.262 ocres3 DAVIS THRESH No. 6868 L28 LO R =1354.00' Q 6= 14'37'50' LU L= 345.75' Q >ARA 126 ��ll PARCEL IV -J -6 DOC. NO. 20020404590 N 55'16'36" E 6=14'13'35' &OI SMON® AVENUIE L =359.05* N SUP13�13]OOB.1J Aire P n\DW \[1U a R M \AREA LOWL PLAT TO ACCOMPANY LEGAL 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA 12 PLEASANTON, CA 94588 Job No. 20122006 5....' 925- 398 -7700 By MR Date 05/06/14 Chkd.g- — u�ls�ve�l�u� 925- 396 -7799 (FAX) SHEET 1 OF 3 N 40'37'39" E 797.89' m W NL9 a d d Q W S 49'2221- E 131.81' N N N < (Q I O Q w W I N F —O W JD W U N h <z w a m Ci W O p J U C AREA 16 PARCEL I -E -4 Cl DOC. NO. CO, 2004- 000369376 0, APN: 430 - 283 -05 mss. 2s SY. 6 Yla N R= 362.00' C2 6= 33'53'17" AREA 12 L= 214.11' 2,838,645 sq.fl.t 65.166 ocresi AREA C PARCEL I -E -1.1 DOC. NO. 2004- 000369376 APN: 430 - 283 -10 6= 2.18'05" L =124.86' (124.83') i0- R= 3092.58' 6=2'18'05" L =124.22' -29 AREA D 9 "1 AREA 10 AREA 4 PARCEL IV -J -6 L16 r PARCEL IV -J-4 DOC. N0. 20020404590 DOC. N0. APN: 430 - 283 -09 L18 20020404590 APN: 430 - 282 -it S 3_5.44'30 W (R) PARCEL IV -J -5 DOC. NO. R =1447.04' 20020404590 6=11.53'59 APN: 430- 282 -10 L =300.54' BKF 8®lftwq lr� PARCEL IV -J -7 DOC, NO. 200204045 � APN: 430 - 283 -10 R= 1354.04' 6= 41'31'35" L= 981.37' 4670 WILLOW RD SUITE 250 PLEASANTON, CA 94588 925- 396 -7700 925- 396 -7799 (FAX) N iR C3 Cllr C13 C1 I 'c. Q� .h Subject SCHEDULE 1 AREA 12 Job No. 20122006 By IAR— Date 05/05/114 Chkd.WS SHEET 2 OF 3 11 AREA 15 rAREA PARCEL IV -J -8 DOC. NO. 200204D4590 S 6� APN: 430- 283 -11 R =1446.04' 36.0 73946` a 14'13'35" %Y L= 359.05' l8]Ivike q®'V'Q W /1r��, pn BKF 8®lftwq lr� PARCEL IV -J -7 DOC, NO. 200204045 � APN: 430 - 283 -10 R= 1354.04' 6= 41'31'35" L= 981.37' 4670 WILLOW RD SUITE 250 PLEASANTON, CA 94588 925- 396 -7700 925- 396 -7799 (FAX) N iR C3 Cllr C13 C1 I 'c. Q� .h Subject SCHEDULE 1 AREA 12 Job No. 20122006 By IAR— Date 05/05/114 Chkd.WS SHEET 2 OF 3 Exhibit E Revised LUAP ( #1202880) 5764 -04062 \121D403 \1193093.11 5113/14 x J WQ Q M1139 r ~~ i +rasr�lrK�,. 0 N w G 0 OEW 3u I I 1 /I 7fi1d7AY �IMY�V{ AIAlR! g d f� 0 R 3 °d J N H m a � � •I N a U. .� to ..1 w fil W} 9 I W 0 a, a 1 3m -6 a 6 -:6 fr o Z x J WQ Q M1139 r ~~ i +rasr�lrK�,. 0 N w G 0 OEW 3u I I 1 /I 7fi1d7AY �IMY�V{ AIAlR! g d f� 0 R 3 ATTACHMENT B Z=o m C ,,L6 mLal] RESOLUTION NO. 14 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE AGREEMENT CONCERNING VALENCIA PARCEL BETWEEN THE CITY OF TUSTIN AND SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR THE ACQUISITION OF CERTAIN PROPERTY WITHIN PLANNING AREA 1 OF MCAS TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That the City of Tustin ( "City ") and the South Orange County Community College District ( "SOCCCD ") have negotiated Development Agreement (DA) 2014 -002, an amendment to DA 2013 -002 to facilitate the development, conveyance, and .land acquisition within the boundaries of the MCAS Tustin Specific Plan ( "Amendment #1); and an agreement for the acquisition of real property with Planning Area 1 of the MCAS Tustin Specific Plan and as is further described in the attached Exhibit 1 (the "Valencia Agreement'). B. That the objectives of the Valencia Agreement and Amendment #1 are to rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD, provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan, and enhance circulation in the area by improving east -west ,connectivity between the existing Red Hill and Armstrong Avenues. C. That a public hearing was duly called, noticed, and held on said application on June 17, 2014, by the City Council. D. That on January 16, 2001, the City certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS /EIR. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a .Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. The FEIS /EIR along with its Addendum and Supplement is a program EIR under the California Environmental. Quality Act (CEQA). The FEIS /EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Resolution No. 14 -48 Agreement Concerning Valencia Parcel City of Tustin and SOCCCD Page 2 E. That an Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that approval of the Valencia Agreement and Amendment #1 do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. F. That Section 65402(a) of Government Code provides that no real property shall be acquired, disposed of, no street vacated, and no public building or structure shall be constructed or authorized until the location, purpose, and extent of the acquisition, disposition, street vacation, and /or construction of public building or structure have been reported upon by the local planning agency as to the conformity with the applicable, adopted general plan. G. That Section 65402(a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the acquisition, disposition, street vacation, and /or construction or authorization of public building is consistent with the General Plan. H. That the Planning Commission found that the location, purposes, and extent of the acquisition and disposition of an approximately five (5) acre site comprised of two (2) parcels (Site A: Planning Area 1 -E) and remnant strip of land (Site B: Portion of Planning Area 1 -H) of the MCAS Tustin Specific Plan is in conformance with the approved General Plan. The City Council hereby approves the Agreement Concerning the Valencia Parcel between the City of Tustin and South Orange County Community College District attached hereto as Exhibit B. III. The City Council authorizes the Mayor to execute the Agreement Concerning the Valencia Parcel and to the extent consistent herewith, the City Council authorizes the City Manager to execute the necessary escrow and other documentation to effectuate the Valencia Agreement. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 17 `" day of June, 2014. Resolution No. 14 -48 Agreement Concerning Valencia Parcel City of Tustin and SOCCCD Page 3 ELWYN A. MURRAY MAYOR ATTEST: JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -48 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of June, 2014, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER CITY CLERK EXHIBIT A Evaluation of Environmental Impacts EVALUATION OF ENVIRONMENTAL IMPACTS Disposition of two SOCCCD parcels to the City of Tustin — Amendment #1 to Development Agreement 2013 -002 PROJECT DESCRIPTION The Project consists of two agreements, the Agreement Concerning Valencia Parcel and a strip parcel (Agreement) between SOCCCD and the City of Tustin and amendment number one (Amendment) to the Development Agreement and Amended and Restated Agreement Between the City of Tustin (City) and SOCCCD for Conveyance of a Portion of WAS Tustin and the Establishment of an Advanced Technology Educational Campus (DA). The purpose of the Agreement and Amendment is to effectuate the disposition of approximately 5 acres of land comprised of two parcels (refer to Figure 2, Sites A and B) from SOCCCD to the City. The Agreement delineates the terms, purchase price and processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two parcels. Associated with the purchase is the DA Amendment, which would modify the approved DA to identify the City as the ultimate owner of the two parcels. The reasons for the Agreement are: 1) the parcels are remnant properties that are physically separated from the primary ATEP Campus; and, 2) to consolidate the properties under City's ownership to allow for more efficient and rational planning of the properties pursuant to the WAS Tustin Specific Plan. Site A (Valencia Parcel) is a remnant parcel that is surrounded by property to the north, east and west that will ultimately be owned by the City and is separated from the largest portion of the ATEP. Campus by Valencia Avenue, a four -lane road. The acquisition of Site A by the City would consolidate the ownership of the properties north of Valencia Avenue with the City. Site B (strip parcel) is a remnant parcel that is primarily used for entry monumentation and landscaping for Tustin Legacy; however, SOCCCD owns and maintains the parcel. Because Site B serves as a gateway to Tustin Legacy and because a portion thereof could potentially be used ancillary to the adjoining transitional /emergency housing use, the City has expressed interest in owning and maintaining the site. The property disposition would also consolidate the ownership of Site B with City's ownership and maintenance of the streets and landscaping at the intersection of Valencia and Red Hill Avenues. The Project does not include a General Plan or Specific Plan Amendment or any proposed physical changes. The Project involves the disposition of Site B from SOCCCD to the City and the relinquishment of SOCCCD's right to acquire Site A. There would also be no change in the allowed land uses on Site A or B as the intended uses of the properties are consistent with the applicable provisions of the WAS Tustin Specific Plan. The City would acquire both properties without any associated development rights (i.e., allowed square footage of buildings or vehicle trips). Upon the sale of Sites A and B to the City, the ATEP Campus area would be reduced from approximately 66.5 acres to 62 acres. The City is currently undertaking feasibility and planning studies for a community park north of Site A. Some of the planning studies include Site A in the community park design. Because these design concepts are feasibility and planning studies, they are subject to Section 15262 of the State CEQA Guidelines and Class 6 (Section 15306 of the CEQA Guidelines). The disposition of Site A to the City does not include approval or construction of the concept park improvements. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 2 When specific development proposals are produced for the Project sites, the City will analyze the project and determine whether additional CEQA analysis will be needed at that time. This is consistent with the purpose of the FEIS /EIR document, which serves as a program-level document with subsequent activities being examined in greater detail through additional environmental analysis (CEQA Guidelines Section 15168). Limiting the scope of analysis in this Initial Study to the Project elements that are known at this time is also consistent with CEQA Guidelines Section 15145, which discourages discussion of speculative impacts. Site A is currently owned by the Navy. Like other properties owned by the Navy in Tustin Legacy, Site A is currently expected to be transferred to the City once a Finding of Suitability to Transfer (FOST) is issued by the Navy for the lands. Once issued, the FOST will document that the Navy has determined the covered parcel environmentally suitable for transfer and that either all remediation necessary to protect human health and the environment has been completed or is in place and operating properly and successfully such that development can safely occur on the site. EVALUATION OF ENVIRONMENTAL IMPACTS An Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21 166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 3 I.. AESTHETICS -Response a —d: The Project would not cause aesthetic impacts that were not previously analyzed in the FEIS /EIR. The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or the future development condition that was analyzed in the FEIS/EIR because there would be no change to building height restrictions, setbacks, signage, and other development standards. Visual changes to the Project vicinity have already occurred with the development of Phase I of the ATEP Campus, the County's Abused Children's Shelter, the Village of Hope, residential neighborhoods north of Valencia Avenue, the construction of the Tustin Unified School District's Heritage Elementary School, as well as the demolition of buildings on the ATEP site. There are no new or increased significant adverse project - specific or cumulative impacts with regard to aesthetics and visual quality that would occur as a result of the implementation of the Project. There is no new information relative to aesthetics and visual quality that was not in existence at the time the FEIS /EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR. No new mitigation measures are required in relation to impacts to aesthetics and visual quality. The visual impacts of planned construction in Neighborhood A were analyzed in the FEIS/EIR, and there would be no new or substantially different aesthetic impacts as a result of the Project. Future construction on the properties would comply with the site development standards in the Specific Plan. Therefore, the overall intensity of the future development and the general character of the Project site would not be substantially altered by the Project. There are no designated scenic vistas in the Project area; therefore, the Project would not result in a substantial adverse effect on a scenic vista. The Project site is also not located within the vicinity of a designated state scenic highway. The Project would not change the conclusions of the historical analysis of the historic blimp hangars from the FEIS /EIR relative to visual changes since the Project would not affect these hangars. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /E[R was certified. Mitization/Monitorinz Required.• No new impacts or substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are. required for aesthetics and visual quality. No refinements related to the Project are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS /EIR, Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 4 Addendums and Supplemental; and applicable measures would be required to be complied with as conditions of entitlement approvals for future development of the site. Mitieation/MonitorinQ Measures Not Being Implemented: Mitigation Measure Vis -1, regarding urban design plan adoption in conjunction with any zoning ordinance amendments, is the responsibility of others to implement, and therefore is not within the Project's responsibility to implement. II. AGRICULTURE AND FORESTRY RESOURCES - Response to a -e: The Project would not cause impacts to agriculture and forest resources that were not previously analyzed in the FEIS /EIR. There continue to be no agricultural or forestry resources on the property. There are no new or increased significant adverse project - specific or cumulative impacts with regard to agricultural resources that are identified as a result of the approval and implementation of the Project. The impacts of the development of the properties have already been analyzed in the FEIS /EIR. There is no new information relative to agricultural or forestry resources that was not in existence at the time the FEIS /EIR was prepared. Therefore, no new mitigation measures are required in relation to impacts to agricultural or forestry resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to agricultural or forestry resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS /EIR. However, the FEIS /EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation /Monitoring Not Being Implemented: No new impacts or substantially more severe impacts will result from the City's or District's approval and implementation of the Project; therefore, no new or revised mitigation measures are required for agricultural or forestry resources. In addition, there are no applicable mitigation measures contained in the City's approved MMRP for the FEIS /EIR with regard to agricultural resources. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. III. AIR QUALITY - Response to a -e: The Project would not cause impacts to air quality that were not previously analyzed in the FEIS /E[R. The Tustin City Council adopted Findings and a Statement of Overriding Considerations for the FEIS /EIR on January 16, 2001 to address significant unavoidable short- Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014, Page 5 term (construction), long -term (operational), and cumulative air quality impacts for the Specific Plan. The City also adopted mitigation measures (AQ -1, AQ -2, AQ -3, and AQ -4) to reduce these unavoidable adverse impacts. The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or maximum permitted development that was analyzed in the FEIS /EIR. Therefore, no significant impact beyond what was analyzed in the adopted FEIS /EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental FIR or other environmental document to evaluate Project impacts or mitigation measures with regard to air quality. Specifically, there have not been: (l) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: Specific air quality mitigation measures have been adopted by the Tustin City Council in certifying the FEIS /EIR for both operational and construction- related activities for development at Tustin Legacy. The mitigation measures for air quality impacts that are applicable to the Project during the future implementation stages (i.e., construction) include Mitigation Measures AQ -l. The City would implement. Mitigation Measure AQ -1 by complying with South Coast Air Quality Management District Rules to reduce short-term air pollutant emissions on the project sites when development occurs. However, the FEIS /EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation /Monitoring Not Being Implemented: All relevant mitigation measures will be implemented by the City and SOCCCD (AQ -1 through AQ -3) or the City independently (AQ -4). IV. BIOLOGICAL RESOURCES - Responses to a -f: The Project would not cause impacts to biological resources that were not previously analyzed in the FEIS /EIR. The FEIS /EIR analyzed the future development of the whole of Neighborhood A and the associated biological impacts. No new areas would be developed under the Project. There are no new or increased significant adverse project - specific or cumulative impacts with regard to biological resources that would occur as a result of the adoption and implementation of the Project. In 2010, the U.S. Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) determined that the ATEP Site does not contain land that is subject to their jurisdiction or that warrants their oversight. There is no other new information relative to biological resources that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its iiplementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts on biological resources. Based on current delineations of wetlands and jurisdictional Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 6 waters, the Project would not affect wetlands or jurisdictional waters. The impacts resulting from the implementation of the Project, if any, would be those identified in the FEIS /EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to biological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation/Monitoring Required: The mitigation measures applicable during implementation of the Project have been identified in the City's MM". No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required for implementation (i.e., construction) of the Project. The Project would implement the relevant mitigation measures of the adopted MMRP and as stated in the MMRP. The City and SOCCCD would not need to implement Mitigation Bio -1 because the Project would not affect jurisdictional waters of the U.S. or vegetated wetlands. With regard to Mitigation Bio -2, Bio -3, and Bio -4, which deal with capture and relocation of pond turtles and restoration of pond turtle habitat, these measures do not apply to the Project because no ponds exist on the Project site. Mitigation /Monitoring Not Being Implemented: If the site continues to reveal no presence of southwestern pond turtles, Mitigation Measures Bio -1, Bio -2, Bio -3, and Bio -4 would not be implemented as part of the Project. V. CULTURAL RESOURCES - Responses to a -d: The Project would not cause impacts to cultural resources that were not previously analyzed in the FEIS /EIR. The Project would result in a change of ownership that would not modify the areas identified for development in the Specific Plan and analyzed in the FEIS/EIR. The Project would not cause additional impacts to cultural resources. The impacts of the Specific Plan on cultural resources, including any that may be present on the Project site, were considered in the FEIS /EfR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to cultural and paleontological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Anril 21.2014 PaQe 7 effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required.- The' City would implement Mitigation Measure Arch -2 by retaining a County - certified archaeologist and conducting the required consultations prior to obtaining grading permits. The City would implement Mitigation Measures Paleo -1 and Paleo -2 by. retaining a County- certified paleontologist and complying with the requirements of the established Paleontology Resources Management Plan (PRMP) for Tustin Legacy. Mitigation /Monitoring Not Being Implemented: Other mitigation measures for cultural resources in the FEIS /EIR and City's 2013 MMRP are not applicable to the Project site and are the responsibility of others to implement. VI. GEOLOGY AND SOILS - Responses to a -e: Implementation of the Project would not cause any direct impacts to geology and soils. The Project proposes to develop the same areas as proposed in the Specific Plan and previously analyzed in the FEIS /EIR. There are no new or increased significant adverse project- specific or cumulative impacts with regard to geology and soils that are identified as a result of the adoption and implementation of the Project. There is no new information relative to geology and soils that was not in existence at the time the FEIS /EIR as prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts to geology and soils. The FEIS /EIR found that impacts to soils and geology resulting from implementation of the Specific Plan would include non - seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability,.erosion, and mudflows) and seismic hazards (such as surface fault displacement, high- intensity ground shaking, ground failure and lurching, seismically - induced settlement, and flooding associated with dam failure). The FEIS/EIR concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to geotechnical issues. No substantial change is expected during implementation of the Project from the analysis previously completed in the certified FEIS /EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation /Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 8 Mitigation /Monitoring Not Being7mplemented: There are no new or revised mitigation measures for geology and soils. In addition, there are no mitigation measures contained in the City's 2012 MMRP with regard to geology and soils. VII. GREENHOUSE GAS EMISSIONS - Responses to a -b: The Project involves the disposition of two parcels totaling approximately 5 acres from SOCCCD to the City. There would be no change in the allowed land uses or maximum permitted development that was analyzed in the FEIS /EIR; therefore, implementation of the Project would not result in any substantial increase in Greenhouse Gas (GHG) emissions compared to the Specific Plan analyzed in the FEIS /EIR. Therefore, there are no new or increased significant adverse project - specific or cumulative impacts with regard to GHG emissions that are identified as a result of implementation of the Project. The Project and its implementation are consistent with the FEIS /EIR and, no new mitigation measures are required in relation to impacts to GHG emissions. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to climate change. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation/MonitorinQ Required: No new impacts or substantially more severe impacts would result from implementation of the Project; therefore, no new or revised mitigation measures are required with regard to climate change. In addition, there are no mitigation measures contained in the City's MMRP for the Specific Plan FEIS/EIR with regard to GHG emissions. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation/Monitoring Not Being Implemented: There are no new or revised mitigation measures for climate change, and no mitigation measures are contained in the City's MMRP for the Specific Plan/Reuse Plan FEIS/EIR with regard to climate change. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 9 VIII. HAZARDS AND HAZARDOUS MATERIALS - Responses to a -h: The entire MCAS Tustin site was reviewed for hazardous materials prior to start of redevelopment activities. Federal regulations require the Navy to complete remediation of hazardous materials prior to conveyance of properties to other landowners. Portions of the Project site are presently undergoing remediation, and therefore remain under Navy ownership. These areas are available for limited used by the future owners (the City and SOCCCD) under a LIFOC agreement. They will not be conveyed to the future owners until the Navy determines that its remediation of hazards and hazardous materials in these areas have sufficiently progressed to the point that the property can safely be developed. Implementation of the Project would not cause any direct impacts to hazards and hazardous materials. There are no new or increased significant adverse project- specific or cumulative impacts with regards to hazards and hazardous materials that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hazards and hazardous materials that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts from hazards and hazardous materials. The FEIS /EIR included a detailed discussion of the historic and then - current hazardous material use and hazardous waste generation within the Specific Plan area. The Navy is responsible for planning and executing environmental restoration programs in response to releases of hazardous substances for MCAS Tustin. The FEIS /EIR concluded that the implementation of the Specific Plan would not have a significant environmental impact from the hazardous wastes, substances, and materials on the property during construction or -operation since the Navy would implement various remedial actions pursuant to the Compliance Programs that would remove, manage, or isolate potentially hazardous substances in soils and groundwater. As identified in the FEIS /EIR, the Project site is within the boundaries of the Airport Environs Land Use Plan (AELUP) and is subject to height restrictions. The Project does not propose changes to the 100 -foot height limitation included in the Specific Plan. The Project site is not located in a wildland fire hazard area. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to hazards and hazardous materials. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required.• As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Mitigation /Monitoring Not Being Implemented: There are no new or revised mitigation measures for hazards and hazardous materials, and no mitigation measures are contained in the City's 2013 MMRP for the Specific Plan/Reuse Plan FEIS/EIR with regard to hazards and hazardous materials. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 10 IX. HYDROLOGY AND WATER QUALITY - Responses to a -j: The Project would not cause direct impact to hydrology and water quality. Any future development on the properties would be required to comply with the then- current Water Quality Management Plan (WQMP) requirements imposed by the Santa Ana Regional Water Quality Control Board. As concluded in the FEIS /EIR, preparation of a WQMP for future development projects on the Project sites in compliance with all applicable regulatory standards would reduce water quality impacts from development activities to a level of insignificance. The Project proposes no change to the drainage pattern and water management systems previously analyzed in the FEIS/EIR. The drainage pattern and water management systems in the Project sites vicinity would remain consistent with the Tustin Legacy Master Drainage Plan. The Project would not result in new or substantially more severe impacts to water quality than what was previously identified in the FEIS/EIR. The Specific Plan considered the development of education- oriented and public services land uses on the Project site. Additionally, the Project does not include any change to setbacks or other development standards that impact drainage. There are no new or increased significant adverse project- specific or cumulative impacts with regard to hydrology /water quality that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hydrology /water quality that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new : mitigation measures are required in relation to impacts to hydrology /water quality. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitiwtion/Monitoriw Required: Compliance with existing rules and regulations would reduce any potential impacts related to water quality and groundwater to a level of insignificance and no new mitigation is required. The mitigation measures applicable during implementation (i.e., construction) of the Project have been identified in the City's adopted MMRP. Mitigation Measures WQ -1, WQ -2, and WQ -4 establish requirements related to preparation of a Stormwater Pollution Prevention Plan, compliance with Waste Discharge Requirements, and preparation of a Water Quality Management Plan, respectively. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required for implementation of the Project. The Project would implement the relevant mitigation measures of the adopted MMRP. Mitieation /Monitoring Not Bein¢ Implemented: Mitigation Measure WQ -3 requires others to participate in the RWQCB's Nitrogen and Selenium Management Program (NSMP) Working Group and contribute to funding and implementing the Working Plan. Because this mitigation Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 Pave 11 measure is the responsibility of others to implement, it does not fall within the responsibility of the Project to implement. X. LAND USE AND PLANNING — response to a -c: Implementation of the Project would not cause any direct impacts to land use and planning. There would be no change to building height restrictions, setbacks, signage, and other development standards, nor would there be any change to the maximum development potential on the ATEP Campus identified in the DA. The Project would not physically divide any Specific Plan land use as no community exists in the area of the Project. Instead, the City's acquisition of the two properties would eliminate remnant SOCCCD ownership of parcels that are physically separated from the ATEP Campus and consolidate property ownership with the City. The Project would not conflict with the Specific Plan, or conflict with any habitat conservation plan or natural community conservation plan. Future development of the Project sites would be subject to the use restrictions and development standards contained in the MCAS Tustin Specific Plan. The City is considering incorporating Site A into the future Community Park and has prepared feasibility and conceptual planning studies to assist in this consideration. When the City makes a determination on whether to incorporate Site A into the Community Park and considers approving a park design illustrating as such, the City will prepare the necessary CEQA documentation supporting such a decision. There are no new or increased significant adverse project - specific or cumulative impacts with regard to land use and planning that are identified as a result of the adoption and implementation of the Project. There is no new information relative to land use and planning that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts to land use planning. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to land use and planning. Specifically, there have not been: (l) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified. Mitigation /Monitoring Required: The FEIS /EIR. concludes that there would be no significant unavoidable land use impacts. The Project and its implementation do not result in new or increased land use impacts in comparison to those previously identified in the FEIS/EIR. The mitigation measures applicable to the Project were implemented following adoption of the MCAS Tustin Specific Plan. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. The City would implement the relevant mitigation measures of Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 12 the adopted MMRP that are applicable to the Project. Mitigation Measures LU -2(m), (n), (o), (p), (q), (r), and (s) are addressed in Section XIII — Population and Housing. Mitigation/Monitorinp Not Beine Implemented.• Mitigation Measures LU -1 and LU -2 required the Cities of Tustin and Irvine respectively to amend their General Plans and zoning ordinances for the Tustin Legacy Project, and therefore are not within the responsibility of the Project. LU -2(a) requires that infrastructure construction be properly phased by the Cities of Tustin and hvine, and therefore is not within the responsibility of the Project. Per the City's adopted MMRP, the SOCCCD recorded the necessary easements for the Property and Mitigation Measure LU -2(b) has been fulfilled. Mitigation Measure LU -2(c), regarding funding construction of capital improvements, does not apply to the Project because the City is exempt from payment of infrastructure funding for the Community Park. Any future use that requires payment of infrastructure funding would be the responsibility of the constructing party. Measures LU -2(g) and (i) are not applicable because the Project site is not within the 100 -year flood plain (see Federal Emergency Management Agency (FEMA) Map dated August 9, 2002), and thus these Mitigation Measures are not within the responsibility of the Project. Mitigation Measure LU -2(h), regarding obtaining regulatory agency approvals prior to construction of regional flood control facilities, is not within the responsibility of the Project because it only applies to the Tustin Legacy developer(s). Mitigation Measure LU -20), regarding local drainage systems, is not applicable because no subdivision maps are being recorded as part of the Project. Mitigation Measure LU -2(k), regarding the completion of drainage studies prior to grading for new development, is not applicable because the Project does not include any grading or construction activities. Mitigation Measure LU -2(I), regarding an agreement with the Orange County Flood Control District for fair -share contributions to flood control facilities, is not applicable because no subdivision maps are being recorded as part of its Project. Mitigation Measure LU -2(t) is not applicable because no school fees are required for the Project. Mitigation Measure LU -2(u) is not applicable because the Project does not require a contribution to park facilities. Mitigation Measure LU -2(v) is not applicable to projects within the City of Tustin, and therefore is not within the Project's responsibility to implement. Measure LU -2(w), regarding the creation of a landscape maintenance district, is applicable to the Tustin Legacy developer, and therefore, is not within the Project's responsibility to implement. Finally, Mitigation Measure LU- 2(x) is not applicable to the Project because no subdivision map is proposed as part of the Project, the Project is not adjacent to the Barranca Channel, and the City will provide any necessary bikeways along Red Hill Avenue. XI. MINERAL RESOURCES — responses a -b: The Project would not cause new impacts to mineral resources that were not previously analyzed in the FEIS/EIR. There are no new or increased significant adverse project - specific or cumulative impacts with regard to mineral resources that are identified as a result of the adoption and implementation of the Project. There is no new information relative to mineral resources that was not in existence at the time the FEIS /EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts to mineral resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to mineral resources. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 13 Specifically, there have not been: (1) changes -to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new sigmificant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR were certified. Mitigation /Monitorine Required: No new impacts or substantially more severe impacts would result from implementation of the Project; therefore, no new or revised mitigation measures are required for mineral resources. No refinements are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Being Implemented There are no new or revised mitigation measures for mineral resources, and no mitigation measures are contained in the MMRP for the FEIS /EIR with regard to mineral resources. XII. NOISE — response to a -f: Implementation of the Project would not cause any substantial impacts to noise. The Project involves the disposition of two parcels from SOCCCD to the City. No changes in land uses, development standards or MCAS Tustin Specific Plan vehicle trip thresholds are proposed. Future development on the Project sites would be required to comply with the applicable adopted mitigation measures and state and local noise regulations and standards, along with established engineering procedures and techniques relative to construction and operation. The Project site is not located within the 60 CNEL contour for airport operations. Therefore, implementation of the Project would not involve the development of any noise - sensitive land uses susceptible to excessive noise related aircraft operations within the 60 CNEL. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or. supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR were certified as complete. Mitigation /Monitorin¢ Required: The FEIS/EIR concludes that with implementation of identified mitigation measures, there would be no significant impacts related to noise. The Project does not increase the severity of the noise impacts previously identified in the FEIS /EIR. Therefore, no refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation Measure N -3 would apply to the Project during construction. Mitigation Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 14 Measure N -4 would apply to the City in relation to noise studies adjacent to Warner and Harvard Avenues. Mitigation /Monitoring Not Being Implemented.• Mitigation Measure N -1 is not applicable to the Project, as no residential buildings are being reused as part of the Project. Mitigation Measure N -2, regarding noise studies on surrounding properties during design of the intersection at Tustin Ranch Road at Edinger Avenue, have been completed by the City of Tustin. XIII. POPULATION & HOUSING —responses a -c: Implementation of the Project would have no impacts to population and housing. The Project involves the disposition of two parcels from SOCCCD to the City. No new housing or businesses are proposed and no housing exists on the Project sites. The Project us consistent with the FEIS /EIR and no new mitigation measures are required in relation to impacts to population and housing. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required.• No new impacts or substantially more severe impacts would result from implementation of the District's adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for population and housing. In addition, there are no mitigation measures contained in the City's MMRP` for the FEIS /EIR with regard to population and housing. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Being Implemented.- There are no mitigation measures contained in the City's MMRP for the FEIS /EIR with regard to population and housing. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. XIV. PUBLIC SERVICES —response to a): Implementation of the Project would not cause any significant impacts to public services. The Project involves the disposition of two parcels from SOCCCD to the City. No development is proposed as part of the project; therefore, the Project would not result in no new or increased significant adverse project - specific or cumulative impacts with regard to public services and facilities. There is no new information relative to public services and facilities that was not in existence at the time the FEIS /EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR and no new mitigation measures are required in relation to impacts to public services and facilities. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 15 Fire Protection Fire protection for the Project site was discussed and analyzed in the FEIS /EIR. The Project results in no changes to that previous analysis as the Project would not create new demand for fire protection services and no increased or new environmental effects on the environment from those previously analyzed in the FEIS /EIR. Any future development on the Project site would be required to comply with existing OCFA regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the Site. No new or expanded facilities were identified as being required and therefore no physical impacts were identified. Police Protection Police protection for the Project site was discussed and analyzed in the FEIS /EIR. The Project results in no changes to that previous analysis, and no increased demand for police protection services or new environmental effects on the environment from those previously analyzed in the FEIS /EIR. Schools The Project does not include any residential development. Therefore, the Project does not generate K -12 students and there is no impact to schools. Neither the City nor the SOCCCD would be required to pay school development fees consistent with Senate Bill (SB) 50 of 1998. Parks The Project does not include any new park development. PA 2, located north of Valencia Avenue and the ATEP campus, is identified in the Specific Plan as a "Community Park." The City has prepared feasibility and planning studies that evaluate incorporating Site A into the Community Park; however, such plans are conceptual and not being considered for approval with the Project. Other Public Facilities The FEIS/EfR concluded that public facilities would be provided according to a phasing plan to meet projected needs as development of the Specific Plan proceeded. The Project would not increase the demand more than what was already analyzed in the previously certified FEIS/EIR. Mitigation /Monitorini� Required: The FEIS /EIR concluded that there would be no significant unavoidable impacts related to. public services. The Project and its implementation would not result in any new or increased impacts to public services beyond those identified in the FEIS/EIR. Therefore, no new mitigation measures are required. Because the Project does not involve any development on the Project site, no mitigation measures related to public services apply to the Project. Mitigation /Monitoring Not Being Implemented: Mitigation Measure LU -2(t) regarding the payment of school fees is not applicable to the Project, and therefore is not within the responsibility of the Project. Mitigation Measures LU -2(u) and (v) regarding the contribution of park facilities are also not applicable to the Project, and are therefore not within the responsibility of the Project. Mitigation Measure LU -2(w) regarding the creation of a landscape maintenance district is the responsibility of the Tustin Legacy master developer, and therefore is not within the responsibility of the Project. Mitigation Measure LU -2(x) regarding agreements with the County of Orange Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 16 Harbors and Beaches and the City of Tustin for trail improvements are not applicable to the Project, and are therefore not within the responsibility of the Project. XV. RECREATION — response to a -b: The Project would not result in a change in uses or development that would result in increased use of existing parks or recreational facilities. There are no new or increased significant adverse project - specific or cumulative impacts with regard to recreation that are identified as a result of the adoption and implementation of the Project. There is no new information relative to recreation that was not in existence at the time the FEIS/EIR was prepared and no new mitigation measures are required in relation to impacts to recreation. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to recreation. Specifically, there have not been: (l) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EfR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for recreation. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to recreation or recreational facilities. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation /Monitoring Not Bein¢ implemented: There are no new or revised mitigation measures for recreation or recreational facilities, and there are no mitigation measures contained in the City's MMRP for the FEIS /EIR with regard to recreation or recreational facilities. XV. TRANSPORTATION/TRAFFIC — responses a -f: The Project involves the disposition of two properties from SOCCCD to the City and would not result in a change in uses or development patterns that would conflict with an applicable plan, ordinance, policy, or program, increased traffic or hazards, or inadequate emergency access. Any development on the project sites would be subject to applicable MCAS Tustin Specific Plan development standards and vehicle trip thresholds. There are no new or increased significant adverse project - specific or cumulative impacts with regard to transportation and traffic that are identified as a result of the adoption and implementation of the Project. There is no new information relative to transportation and traffic that was not in existence at the time the FEIS /EIR was prepared and no new mitigation measures are required in relation to impacts to transportation and traffic. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to transportation and Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 17 traffic. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EfR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitization/Monitorimz Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for transportation and traffic. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to transportation and traffic. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Miti2ationlMOnitorinQ Not Being Implemented: There are no new or revised mitigation measures for transportation and traffic, and there are no mitigation measures contained in the City's MMRP for the FEIS /EIR with regard to transportation and traffic. XVI. UTILITIES AND SERVICE SYSTEMS – response a -g: The Project would not result in any changes to the utilities plan presented in the Specific Plan. Any demolition, removal, replacement, and connection with new underground utilities and service systems in the adjoining streets would occur as previously analyzed in the FEIS /EIR. The Project involves the disposition of two parcels from SOCCCD to the City —no changes to land uses or maximum potential development is proposed; therefore, there are no new or increased significant adverse project- specific or cumulative impacts with regard to utilities and service systems that are identified as a result of the adoption and implementation of the Project. There is no new information relative to utilities and service systems that was not in existence at the time the FEIS /EIR was prepared and no new mitigation measures are required in relation to impacts to utilities and service systems. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified. Mitigation/Monitorine Required: No new impacts or substantially more severe impacts would result from the implementation of the Project; therefore, no new or revised mitigation measures are required for utilities and service systems. In addition, there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to utilities and service systems. No refinements are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 18 Mitigation /Monitorine Not Beine Implemented: There are no new or revised mitigation measures for utilities and service systems, and there are no mitigation measures contained in the City's MMRP for the FEIS/EIR with regard to utilities and service systems. XVIL MANDATORY FINDINGS OF SIGNIFICANCE — responses to a -c: The FEIS /EIR previously considered all environmental impacts associated with the implementation of the Specific Plan, including mandatory findings of significance associated with the implementation of the Project. The Project would not expand the area of development and would not impact any natural habitats or other areas inhabited by sensitive species. The Project would not change the maximum development potential or change the allowed the land uses evaluated in the FEIS /EIR. The Project would not cause unmitigated environmental effects that were not already examined in the FEIS /EIR. There are no new mitigation measures required and there are no new significant adverse project - specific or cumulative impacts in any environmental areas that were identified, nor would any project - specific or cumulative impacts in any environmental areas be made worse as a result of the Project. All feasible mitigation measures identified in the FEIS /EIR would be incorporated into subsequent actions that the City commits to fully implementing. Therefore, the Project does not create any impacts that have not previously been addressed by the FEIS/EIR. Further, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent FIR to evaluate Project impacts or mitigation measures with regard to environmental impacts. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified. Mitigation /Monitoring Required: No new impacts or substantially more severe impacts would result from the Project; therefore, no new or revised mitigation measures are required. Mitieation/Monitoring Not Beine implemented: There are no new or revised mitigation measures . for mandatory findings of significance and no mitigation measures are contained in the MMRP with regard to mandatory findings of significance. CONCLUSION The above analysis concludes that all of the proposed Project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 19 Overriding Considerations were adopted for the FEIS /EIR and shall apply to the proposed project, as applicable. SOURCES City of Tustin, Revised February 2013. 2013 Revised Mitigation Monitoring and Status Report for Final Joint Environmental Impact Statement /Environmental Impact Report For the Disposal and Reuse of MCAS Tustin. City of Tustin, Reuse Plan adopted October 31, 1996, amended September 8, 1998, Specific Plan adopted by City Council Ordinance No. 1257 on February 3, 2003, and Specific, Plan Amendment Adopted by City Council Ordinance No. 1311 on April 17, 2006. MCAS Tustin Specific Plan/Reuse Plan.. City of Tustin General Plan City of Tustin Resolutions (including environmental checklists) regarding Tustin Legacy: 00 -90; 04 -32; 04 -73; 04 -74; 04 -76; 04 -77; 05 -28; 05 -35; 05 -37; 05 -38; 05 -40; 05 -71; 05 -75; 05 -76; 05- 77; 05 -78; 06 -42; 06 -43; 07 -92; 08 -09: 08 -18; 08 -38; 08 -39; 08 -42; 08 -53; 13 -32. City of Tustin, September 6, 2011. Environmental Analysis Checklist for Specific Plan Amendment (SPA) 11 -003, Minor Text Amendments. RGP Planning & Development Services, November 2008. South Orange County Community College District ATEP Advanced Technology & Education Park Long -Range Academic Plan and Facilities Plan, as amended by the October and November 2008 Erratas (LRP). RGP Planning & Development Services, November 2008. South Orange County Community College District ATEP Advanced Technology & Education Park Long -Range Academic Plan, as amended by the October 2008 Errata (LRAP). RGP Planning & Development Services, July 2008. CEQA Addendum /Initial Study for Advanced Technology Education Park (ATEP) Long Range Academic and Facilities Plan (LRP). RGP Planning & Development Services, October 2008. CEQA Addendum /Initial Study and Appendices errata for Advanced Technology Education Park (ATEP) Long Range Academic and Facilities Plan (LRP). South Orange County Community College District, April 22, 2004. "Agreement Between the City of Tustin and The South Orange County Community College District For Conveyance of a Portion of MCAS, Tustin and The Establishment of an Advanced Technology Educational Campus" (the "District Conveyance Agreement'). South Orange County Community College District, November 2008. Resolution 08 -35 Adopting the Addendum as Amended by the Errata dated November 2008 to the Final Environmental Impact Statement /Environment Impact Report for the Disposal and Reuse of the MCAS Tustin and the WAS Tustin Specific Plan /Reuse Plan dated October 1996, as Amended by the Errata dated September 1998 pursuant to the California Environmental Quality Act for the Project, the Long -Range Academic and Facilities Plan dated June 2008 and as Amended by the Errata dated Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 20 October 2008 and the Errata dated November 2008, and the Long -Range Academic Plan dated Jame 2008 and as Amended by the Errata dated October 2008. South Orange County Community College District, March 2009. ATEP Phase 3A Concept Plan. State of California, California Code of Regulations COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified /Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Disposition of two SOCCCD properties to the City of Tustin - Amendment #I to Development Agreement 2013 -002 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573 -3115 Project Location: The subject properties are a 4.5 -acre parcel (Planning Area (PA) 1- E) (referred to herein as Site A) and a 0.57 -acre parcel (Parcel I -E- 4) (referred to herein as Site B) in the City of Tustin within the boundaries of the MCAS- Tustin Specific Plan, which is commonly referred to as Tustin Legacy. More specifically, Site A is PA 1 -E in Neighborhood A, north of Valencia Avenue, west of Severyns Road, east of Lansdowne Drive. Site B is a part of PA 1 -H in Neighborhood A, north of the Village of Hope, south of Valencia Avenue, east of Red Hill Avenue and west of Hope Drive. The project sites are illustrated in Figures 1 (Regional Map), 2 (MCAS Tustin Specific Plan and Project Location), 3 (Site Vicinity Land Uses and 4 (Current Planning Area Boundaries). Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Project Sponsor's Name and Address: City of Tustin ATTN: Matt West 300 Centennial Way Tustin CA 92780 Ph. (714) 573-3116 Email: MWestGo)tustinca.org South Orange County Community College District ATTN: Dr. Debra Fitzsimmons 28000 Marguerite Parkway 3rd Fl. Mission Viejo, CA 92692 Ph. (949) 582-4663 ssembiazzaOsocccd.edu General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: MCAS Tustin Specific Plan Evaluation of Fnvironmenl,il Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page rr �. Anahelm Bs e w Taft Ar. a� °Villa Park # 2� E Kasalla E 6olpns r. Pond Ave Orange , E Ilnh 61 °Tualln Foal a Santa E&.h In Ana CWT pe 4JEC;T W Edhr Aw a � LOCAT N / EWarnerAve 410 Fountain 7 I Valley 66 Lu.arD► , USTIN i0• LEGACY Baker st Non Dr ! 'ryr C Me L Lake F ° o � � br E n Joaquin i Lspuns Wood t� O ft w fir' j Figure 1 Regional Map Fvaluation of nvironment sl Impact,, Disposition o:- two SOCCCD parcels to the City of Tustin Apr r121, 2014 Pa p 4 CITY OF SANTA r CITY OF IRVINE i� Figure 2 MCAS Tustin Specific Plan and Project Location ELMi(R Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Yagc c Figure 3 Site Vicinity Land Uses Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 J Norm 10 OC-412 7 Figure 4 Current Planning Area Boundaries Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 II Project Description: Sale of a 0.57 -acre parcel by SOCCCD to the City of Tustin and relinquishment of SOCCCD's rights to acquire a 4.5 acre parcel, totaling approximately 5 acres. The purpose of the Project is to consolidate remnant parcels and otherwise allow for more efficient and rational planning consistent with the MCAS Tustin Specific Plan. No General Plan Amendment or Specific Plan Amendment is proposed. An amendment to the previously approved Development Agreement and Amended and Restated Agreement between the City of Tustin and SOCCCD is also required to implement the property conveyance. Surrounding Uses: North: Vacant land (future City of Tustin community park) and Heritage Elementary School South: The future Advanced Technology Education Park (ATEP) campus property (vacant) and the Village of Hope East: Vacant land (future City of Tustin community. park), Armstrong Avenue and residential (across Severyns Road) West: Current ATEP campus parking lot and buildings (across Lansdowne Drive) and Red Hill Avenue Existing Conditions: Site A is vacant, but has some site improvements including paved access roads along the northern and eastern property boundaries and fencing. Site B is improved with landscaping and irrigation, sidewalks, signage and street lighting. Roughly the southern half of the site is unimproved dirt area. Previous Environmental Documentation: A Final Joint Program Environmental Impact Statement /Environmental Impact Report (FEIS /EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin was prepared by the City of Tustin and the Department of the Navy (Navy) in accordance with the CEQA and the National Environmental Policy Act (NEPA) dated October 1996, as amended by the Errata dated September 1998. On January 16, 2001, the City of Tustin certified the FEIS/EIR. On March 3, 2001, a Record of Decision (ROD) was issued by the Navy approving the FEIS/EIR and the Specific Plan. There have been one supplement and five addenda to the FEIS /EIR. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS/EIR. The District certified an addendum on November 12, 2008 ( SOCCCD Resolution 08 -35) related to the approval of a Long Range Academic & Facilities Plan and a Long Range Academic Plan for the Advanced Technology & Education Park (ATEP) campus; an addendum on March 24, 2009 ( SOCCCD Resolution 09 -05) related to a Concept Plan for Iivaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 i Phase 3A of the ATEP campus; and an addendum on December 5, 2011 (SOCCCD Resolution 11-38) related to an exchange of land between the District and the County of Orange. On May 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR related to an exchange of land between the District and City of Tustin and a Specific Plan Amendment. The District certified the same addendum on May 20, 2013 (Resolution No. 13 -18). The original FEIS /EIR document, the supplement, and the City's and District's addenda are collectively referred to herein as the "FEIS /EIR." In addition, the City has certified multiple CEQA documents associated with prior amendments to the MCAS Tustin Specific Plan and development projects within Tustin Legacy. Section 1.5.2 of the FEIS/EIR states that the FEIS /EIR is a Program EIR and it is intended to be used as the CEQA compliance document for all public and private actions made in furtherance of, the Specific Plan. The FEIS/EIR analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan (referred to in this document as the Specific Plan). The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the MCAS Tustin Specific Plan, including but not limited to the adoption by the City of Tustin of the WAS Tustin Specific Plan and adoption of the MCAS Tustin Redevelopment Plan. The MCAS Tustin Specific Plan proposed and the FEIS/EIR analyzed a multi -year development period for the planned urban reuse project (Tustin Legacy). When individual activities within the Specific Plan are proposed, the lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS /EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. The FEIS/EIR along with its Addenda and Supplement is a program EIR under CEQA. The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is considered a "New Significant Impact" not covered in or "More Severe Impact" than previously analyzed in the FEIS /EIR. The WAS Tustin Zone Change (Specific Plan Amendment) 05 -002, DDA and Development Plan Addendum, p. 1 -1. Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 environmental factors summarized in the table below correspond to the checklist and analysis in Section D. ❑ Aesthetics ❑ Hazards/Hazardous ❑ Public Services Materials ❑ Agriculture Resources ❑ Hydrology/Water ❑ Recreation Quality ❑ Air Quality ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Biological Resources ❑ Mineral Resources ❑ Utilities /Service Systems ❑ Cultural Resources ❑ Noise ❑ Mandatory Findings of Significance ❑ Geology and Soils ❑ Population and Housing C. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact' or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page 10 significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers kamin Date: 05 -15 -14 na Will rt Director - Planning Date 05 -15 -14 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS The following checklist and evaluation of environmental impacts take into consideration the preparation of an environmental document (the FEIS/EIR) which fully analyzed the proj ect. The project does not involve any changes in development intensity or modification in development standards. The checklist and initial study evaluate whether the conditions identified in Sections 15162 and 15168 of the CEQA Guidelines have occurred and require the preparation of a subsequent EIR, supplemental EIR, ND, or MND. The following relevant information is presented for each of the topical issues presented in the Initial Study environmental checklist to analyze the potential envirommental impacts of the project: Project Impact Evaluation • New Significant Impact —a significant impact that was not previously analyzed in the FEIS/EIR • More Severe Impact —an impact that was previously identified in the FEIS /EIR that will be worsened as a result of the project • No Substantial Change from Previous Analysis— impacts analyzed in the FEIS /EIR are sufficiently analyzed in the FEIS /EIR • Mitigation Measures • Sources Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Page i l No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis I. AESTHETICS Would the project: a) Have a substantial adverse effect El El on a scenic vista? b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site ❑ ❑ and its surroundings? d) Create a new source of substantial light or glare, which will adversely El ❑ affect day or nighttime views in the area? II. AGRICULTURE AND FORESTRY RESOURCES Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act ❑ ❑ contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as El 11 by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 12 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis 51104(g))? d) Result in the loss of forest land or conversion of forest land to non- ❑ ❑ forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result El ❑ in conversion of Farmland, to non- agricultural use or conversion of forest land to non - forest use? III. AIR QUALITY Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an existing ❑ ❑ or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ❑ ❑ ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ people? IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, ❑ ❑ either directly or through habitat 12 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 13 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological E] El such as a tree preservation policy or ordinance? 13 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 14 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat ❑ ❑ conservation plan? V. CULTURAL RESOURCES Would the project: El ❑ a) Cause a substantial adverse change in the significance of a El El resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ formal cemeteries? VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake ❑ ❑ Fault Zoning Map issued by the State Geologist for the area or based on 14 Evaluation of Environmental hnpacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 15 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, El 1:1 including liquefaction? iv) Landslides? ❑ b) Result in substantial soil erosion El El or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal ❑ ❑ systems where sewers are not available for the disposal of wastewater? VII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a ❑ ❑ significant impact on the environment? flict with any applicable plan, or regulation of an agency F d for the purpose of reducing 15 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Aoril 21. 2014 16 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis the emissions of greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through ❑ El routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and El E] accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 ❑ ❑ and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or E] ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people ❑ ❑ residing or working in the project area? 16 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 17 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis g) Impair implementation of or physically interfere with an adopted ❑ ❑ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are El El to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge ❑ ❑ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., ❑ ❑ the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course 11 El of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, El ❑ including through the alteration of the course of a stream or river, or 17 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 18 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis substantially increase the rate or . amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater ❑ ❑ drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade ❑ F-1 water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would ❑ ❑ impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ flooding as a result of the failure of a levee or dam? j) Inundation of seiche, tsunami, or ❑ ❑ mudflow? X. Land Use and Planning Would the project: a) Physically divide an established ❑ ❑ community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to ❑ ❑ the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose 18 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21. 2014 19 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ communities conservation plan? XI. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would 1:1 El be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local ❑ ❑ general plan, specific plan or other land use plan? XII. NOISE Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local El El plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne E] El or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project ❑ ❑ vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise ❑ ❑ levels in the project vicinity above levels existing without the project? 19 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Fit: No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise ❑ ❑ levels? XIII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes El ❑ and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of . existing housing, necessitating the ❑ ❑ construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction ❑ ❑ of replacement ho sing elsewhere? XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fit: Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 21 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact impacts Analysis a) Fire protection? ❑ Li b) Police protection? ❑ c) Schools? ❑ ❑ d Parks? IT ❑ e) Other public facilities? ❑ ❑ XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational ❑ ❑ facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of El El facilities, which might have an adverse physical effect on the environment? XVI. TRANSPORTATION /TRAFFIC Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the. circulation system, taking into account all modes of transportation including El ❑ mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an' applicable congestion management program, E] ❑ including, but not limited to level of service standards and travel demand 21 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 22 No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian El E] facilities, or otherwise decrease the performance or safety of such facilities? XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ El Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or ❑ ❑ expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ El facilities or expansion of existing facilities, the construction of 22 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin Avril 21, 2014 PAJ No Substantial New More Change From Significant Severe Previous Environmental Issues Impact Impacts Analysis which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, ❑ ❑ or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ El the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related ❑ ❑ to solid waste? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or ❑ ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but ❑ ❑ cumulatively considerable? PAJ Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 Environmental Issues New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which would cause substantial adverse effects on ❑ ❑ human beings, either directly or indirectly? 24 Evaluation of Environmental Impacts Disposition of two SOCCCD parcels to the City of Tustin April 21, 2014 25 EXHIBIT B Agreement Concerning Valencia Parcel Between the City of Tustin and South Orange County Community College District AGREEMENT CONCERNING VALENCIA PARCEL BETWEEN THE CITY OF TUSTIN AND SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT DATED: .2014 5 7 64 -44 0621APH3601AGRM7U 191275.8 5/13/14 TABLE OF CONTENTS Page RECITALS.............................................................................................. ..............................1 1. AGREEMENT ................................................................................... ..............................4 1.1 Notices of Determination ............................................ ............................... 4 1.2 Transaction ................................................................... ..............................4 1.3 Consideration ............................................................... ..............................5 1.4 Payment ........................................................................ ..............................5 2. ESCROW ............................................................................................ ..............................5 2.1 Escrow Inst ructions ..................................................... ............................... 5 2.2 Definition of Close of Escrow .................................... ............................... 5 3. APPROVAL OF CONDITION OF TITLE ................................... ............................... 5 3.1 Valencia Parcel Commitment ..................................... ............................... 5 3.2 Strip Parcel Commitment ............................................ ............................... 6 4. TITLE INSURANCE POLICY ....................................................... ............................... 6 5. DUE DILIGENCE REVIEW ........................................................... ............................... 7 5.1 Access to the Parcels .................................................................................. 7 5.2 Documents .................................................................. ............................... 7 5.3 Approval ...................................................................... ..............................7 6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW .......... ............................... 7 6.1 Mutual Condition ........................................................ ............................... 7 6.2 SOCCCD's Conditions ............................................... ............................... 7 6.3 City's Conditions ........................................................ ............................... 8 7. CLOSE OR CANCELLATION OF ESCROW ............................. ............................... 8 7.1 Closing Procedures ......................................... ............................... ...... 8 7.2 Escrow Cancellation ................................................... ............................... 9 7.3 Items to be Delivered into Escrow .............................. ............................... 9 7.4 Escrow Holder's Instructions .................................... ............................... 10 7.5 Post - Closing Matters ................................................. ............................... 11 7.6 IRS Form 1099 -S ...................................................... ............................... 11 8. COSTS AND PRORATIONS .......................................................... .............................11 8.1 Costs to be Paid by City ............................................ ............................... 11 9. REPRESENTATIONS AND WARRANTIES; COVENANTS . ............................... 12 i 5764- 44062�A PB360\AGRMT 1191275.8 5/13/14 TABLE OF CONTENTS (continued) Page 9.1 SOCCCD's Representations and Warranties ............ ............................... 12 9.2 City's Representations and Warranties ..................... ............................... 12 10. RELEASE .......................................................................................... .............................13 10.1 Mutual Release and Waiver ...................................... ............................... 13 10.2 Acknowledgment Concerning Releases ................... ............................... 13 10.3 Additional Agreements ............................................. ............................... 14 11. DEFAULT ......................................................................................... .............................14 11.1 Events of Default ...................................................... ............................... 14 11.2 Remedies ..................................................................... .............................14 12. POST- CLOSING COVENANTS .................................................. ............................... 14 12.1 Possession ................................................................. ............................... 14 12.2 Land Exchange Agreement ....................................... ............................... 14 12.3 Discretionary Approvals ........................................... ............................... 15 12.4 Parking ...................................................................... ............................... 15 12.5 Survival ....................................................................... .............................15 13. MI SCELLANEOUS ......................................................................... .............................15 13.1 Brokerage Commissions ........................................... ............................... 15 13.2 Notices ...................................................................... ............................... 15 13.3 Time of the Essence .................................................. ............................... 16 13.4 Interpretation; Governing Law ................................. ............................... 16 13.5 Performance of Acts on Business Days .................... ............................... 16 13.6 Attorney's Fees ......................................................... ............................... 16 13.7 Post - Judgment Attorneys' Fees ................................ ............................... 16 13.8 Further Assurances; Survival .................................... ............................... 17 13.9 Entire Agreement; Amendments ............................... ............................... 17 13.10 No Waiver ................................................................. ............................... 17 13.11 Assignment ............................................................... ............................... 17 13.12 Binding Effect ........................................................... ............................... 17 13.13 Headings; Cross - References; Exhibits ...................... ............................... 17 13.14 Counterparts ................................................................ .............................17 13.15 Effective Date ........................................................... ............................... 17 ii 5764- 44062WPB3WAGRM7U 191275.8 5/13/14 LIST OF EXHIBITS Designation Description Section Reference A Valencia Parcel Recital J B Site Map Recital J C Strip Parcel Recital M D Development Agreement Amendment Recital O E General Escrow Provisions Section 2.1 F Valencia Parcel Commitment Section 3.1 G Strip Parcel Commitment Section 3.2 H Sublease Amendment Section 7.3.1(a) I Notice of Sublease Amendment Section 7.3.1(b) J Notice of Effective Date Section 7.3.1(c) K Termination of Agreement Section 7.3.I (d) L Quitclaim Deed Section 7.3.1(e) M Interim Lease Amendment Section 7.3.1(1) N Valencia Parcel CC &Rs Section 7.3.1(g) O Strip Parcel CC &Rs Section 7.3.1(h) 576444062WP6360W GRMT\I 191275.8 5/13/14 AGREEMENT CONCERNING VALENCIA PARCEL THIS AGREEMENT CONCERNING VALENCIA PARCEL (this "Agreement "), dated for identification purposes this day of , 2014, is entered into by and between the CITY OF TUSTIN, a municipal corporation organized under the laws of the State of California ( "City "), and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD "). City and SOCCCD are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS The Parties enter into this Agreement on the basis of the following facts, understandings and intentions: A. Pursuant to the Defense Base Closure and Realignment Act of 1990 (Part A of Title XXIX of Public Law 101 -510; U.S.C. Section 2687 Note), as amended (the "Base Closure Law "), the United States of America determined to close the Marine Corps Air Station Tustin ( "MCAS Tustin ") located substantially within the City of Tustin. In 1992, the City was designated by the Office of Economic Adjustment on behalf of the Secretary of Defense as the local redevelopment authority ( "LRA ") for preparation of a reuse plan for MCAS Tustin and in order to facilitate the closure of MCAS Tustin and its reuse in furtherance of the economic development of the City and surrounding region. B. In its capacity as the LRA, the City served as the lead agency for preparing the base reuse plan, the applicable environmental documents under California law, and other documents related to the planning for the civilian reuse of MCAS Tustin. The City determined that the most appropriate tool to guide the conversion of the base from military to civilian use and to facilitate review and approval of entitlements, permits, and uses was the preparation of a combined reuse plan and specific plan. Accordingly, in or about October 1996, the City submitted the MCAS Tustin Reuse Plan (the "Reuse Plan ") to the United States of America, acting by and through the Department of the Navy (the "Navy "). The City subsequently amended the Reuse Plan in or about September 1998. C. On January 16, 2001, the Tustin City Council adopted Resolution 00 -90 that certified the Joint Final EIS /EIR for the Disposal and Reuse of MCAS Tustin (the "Final EIS/EIR "), and adopted Resolution 00 -91 that adopted General Plan Amendment 00 -001 establishing an MCAS Tustin Specific Plan general plan land use designation for the Tustin portion of the former MCAS Tustin. D. On March 2, 2001, the Navy published a Record of Decision approving the Reuse Plan as amended and approving the Final EIS /EIR. E. In May 2002, the Navy approved that certain Agreement between the United States of America and the City of Tustin, California for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin (the "Navy Conveyance Agreement'), which sets forth the terms and conditions for the conveyance of a portion of MCAS Tustin by the Navy to the City (the "City Property "). On May 13, 2002, in accordance with the Navy Conveyance I 5764- 44062W B360 W G RM711 191275.8 5/13/14 Agreement, a portion of MCAS Tustin was conveyed by deed to the City. In addition, a portion of the City Property was leased by the Navy to the City (the "City Leased Property ") pursuant to that certain lease in Furtherance of Conveyance between the United States of America and the City of Tustin, California for Portions of the Former Marine Corps Air Station Tustin dated May 13, 2002. The Navy Conveyance Agreement has been subsequently amended by the Navy and City. F. The City adopted a final Specific Plan/Reuse Plan (the "Specific Plan ") covering MCAS Tustin by Ordinance 1257 adopted February 3, 2003. The Specific Plan was subsequently amended by a series of Ordinances as follows: Ordinance Nos. 1294, 1295, 1296 and 1297 adopted March 7, 2005; Ordinance 1299 adopted June 5, 2005; Ordinance 1311 adopted April 17, 2006; Ordinance 1335 adopted June 5, 2007; Ordinance 1379 adopted March 2, 2010; Ordinance 1406 adopted October 18, 2011; and Ordinance 1432 adopted May 21, 2013. G. On or about April 22, 2004, City and SOCCCD entered into that certain Agreement between the City of Tustin and the South Orange County Community College District for Conveyance of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus (the "City Conveyance Agreement'), pursuant to which the City agreed to convey a portion of the City Property comprising approximately 68.37 acres (the "ATEP Site ") to SOCCCD on the terms and conditions set forth therein. Pursuant to the City Conveyance Agreement, City subleased to SOCCCD approximately 30.71 acres of the City Leased Property (the "Sublease Area "), pursuant to that certain Sublease between the City of Tustin and the South Orange County Community College District for a Portion of MCAS Tustin dated April 29, 2004 (the "2004 Sublease "), a Short Form Notice of which was recorded in the Official Records of Orange County, California (the "Official Records ") on April 7, 2004 as Instrument No. 2004000373082 (the "2004 Notice of Sublease "). H. The City Conveyance Agreement was amended and restated in its entirety pursuant to that certain "Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Campus" dated May 22, 2013 and recorded on May 23, 2013 as Instrument No. 2013000312295 in the Official Records (the "Development Agreement'). The Development Agreement was entered into pursuant to California Government Code Sections 65864, et seq. (the "Development Agreement Legislation'). For the purposes of this Agreement, the Development Agreement, the Current Sublease, the Current Notice of Sublease and all other documents executed or to be executed prior to the Closing Date (as defined in Section 7.1 below) by the City or by the City and SOCCCD pursuant thereto affecting the ATEP Site shall be collectively referred to herein as the "City Conveyance Documents." 1. Pursuant to that certain Agreement for the Exchange of Real Property dated May 22, 2013, as amended by Amendment No. I thereto dated June 19, 2013 (as so amended, the "Land Exchange Agreement'), City and SOCCCD agreed (among other things) to exchange certain parcels of real property located within MCAS Tustin. Accordingly, at the close of escrow pursuant to the Land Exchange Agreement, the following documents (among others) were executed and delivered by SOCCCD and City: (1) Amendment No. 1 to Sublease dated 2 5764- 3406DAPB36MG RMn\1191275 B 5/13/14 August 8, 2013 ("Sublease Amendment No. 1 "); and (2) Amendment No. 1 to Short Form Notice of Sublease dated August 8, 2013 and recorded on August 9, 2013 as Instrument No. 2013000475494 in the Official Records ( "Notice of Sublease Amendment No. 1 "). For the purposes of this Agreement, the 2004 Sublease as amended by Sublease Amendment No. I shall be referred to herein as the "Current Sublease," and the 2004 Notice of Sublease as amended by Notice of Sublease Amendment No. 1 shall be referred to herein as the "Current Notice of Sublease." J. Pursuant to Section 13.7 of the Land Exchange Agreement, City and SOCCCD agreed to negotiate in good faith concerning a portion of the Sublease Area consisting of a 4.53 acre parcel of real property located north of Valencia Avenue and more particularly described in Exhibit A attached hereto (the "Valencia Parcel "). The Valencia Parcel is identified as Area 10 on the site map attached hereto as Exhibit B. Pursuant to Section 13.7 of the Land Exchange Agreement, if the Parties are able to reach an agreement concerning the disposition of the Valencia Parcel, then SOCCCD will give City a credit in the amount of Five Hundred Thousand and No /100 Dollars ($500,000.00) against the consideration to be paid to SOCCCD (the "Valencia Parcel Credit "). K. The City desires to incorporate the Valencia Parcel as part of its feasibility and planning study for a park that it is currently planning north of Valencia Avenue, as shown in the Specific Plan (the "City Park "). Accordingly, as contemplated by Section 13.7 of the Land Exchange Agreement, the Parties have reached an agreement concerning the disposition of the Valencia Parcel. As part of such agreement, SOCCCD is willing to terminate the Current Sublease as to the Valencia Parcel and relinquish its right pursuant to the Development Agreement to acquire fee title to the Valencia Parcel, all on the terms and conditions set forth in this Agreement. L. Concurrently with the execution of the Land Exchange Agreement, City and SOCCCD entered into that certain infrastructure and Payment Agreement (McCain Smith Road) dated May 22, 2013 (the "McCain Agreement "). The McCain Agreement concerns the construction of McCain Smith Road (a portion of which is located on the Valencia Parcel), and the sharing of the cost of the design and construction of McCain Smith Road between City and SOCCCD. The parties desire to terminate the McCain Agreement effective upon SOCCCD's relinquishment of its rights with respect to the Valencia Parcel as set forth herein. M. City also desires to acquire from SOCCCD, and SOCCCD desires to transfer to City, an approximately 0.57 acre strip of land within the ATEP Site located at the southeast corner of the intersection of Red Hill Avenue and Valencia Avenue that is currently owned by SOCCCD in fee, and is more particularly described in Exhibit C attached hereto (the "Strip Parcel "). The Strip Parcel is identified as Area 16 on the Site Map. The Valencia Parcel and the Strip Parcel shall be collectively referred to herein as the "Parcels." N. Pursuant to the Land Exchange Agreement, City as lessor and SOCCCD as lessee executed that certain Standard Industrial /Commercial Single- Tenant Lease - -Net dated August 8, 2013 (the "Interim Lease "), pursuant to which City leased to SOCCCD certain classroom buildings and an adjacent parking lot for a tern of three (3) years. SOCCCD desires to extend the term of the Interim Lease by one (1) year with the option to further extend the term for an additional six (6) months, and City has agreed to such extension and option. 3 5764 -44062 W Pa360W.GRMT 1 191275.8 5/13/14 0. Concurrently with the execution hereof, City and SOCCCD have agreed to amend the Development Agreement pursuant to the Development Agreement Legislation by entering into that certain Amendment No. 1 to Development Agreement in the form of Exhibit D attached hereto (the "Development Agreement Amendment'). The Development Agreement Amendment will be recorded in the Official Records immediately following the execution thereof. P. On , 2014, the Planning Commission of the City adopted Resolution No. recommending approval of this Agreement by the City Council of the City (the "City Council'). On 2014, the City Council conducted a first reading of proposed Ordinance No. approving the Development Agreement Amendment. On , 2014 the City Council conducted a second reading and adopted Ordinance No. approving the Development Agreement Amendment. On , the City Council adopted Resolution No. approving this Agreement. Q. Prior to the execution and delivery hereof, the governing body of each of the Parties has approved the execution and delivery of this Agreement and the Development Agreement Amendment. In connection with such approval, the governing body of each of the Parties, after independent review and consideration, certified a document (the "CEQA Document'), which is intended to render the action of the applicable governing body with respect to the approval of this Agreement and the Development Agreement Amendment in compliance with the provisions of the California Environmental Quality Act, California Public Resources Code Sections 21000 el seq. ( "CEQA "). NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Agreement, 1.1 Notices of Determination. Each of the Parties shall file a Notice of Determination under Section 21152 of the California Public Resources Code (the " SOCCCD NOD" and the "City NOD," respectively), within five (5) working days after the approval of this Agreement and the Development Agreement Amendment and the certification of the CEQA Document by their respective governing bodies. The first City NOD shall be filed within five (5) working days after the approval of this Agreement and the CEQA Document, and the second City NOD (the "Second City NOD ") shall be filed within five (5) working days after the approval of the Development Agreement Amendment. For the purposes of this Agreement, (a) the date on which the later to be filed of the SOCCCD NOD and the Second City NOD has been filed with the Office of the Orange County Clerk shall be referred to herein as the "NOD Filing Date," and (b) the date that is thirty -five (35) days after the NOD Filing Date shall be referred to herein as the "CEQA Claim Bar Date." 1.2 Transaction. Upon the satisfaction or waiver of all of the conditions precedent to the Close of Escrow set forth in Section 6 below, then the following steps shall occur concurrently (collectively, the "Transaction'): (a) the Current Sublease shall be amended to remove the Valencia Parcel; (b) SOCCCD shall convey to City by quitclaim deed the Strip 4 5764- 4406ZAP1336MC RM3\ 1191275.8 5/13/14 r Parcel; (c) pursuant to the Development Agreement Amendment, (i) SOCCCD shall relinquish its right to acquire fee title to the Valencia Parcel and (ii) the Parcels shall be removed from the definition of " SOCCCD Property" as defined in the Development Agreement; (d) the McCain Agreement shall be terminated; and (e) the Interim Lease shall be amended to extend the term thereof by one (1) year and to give SOCCCD an option to further extend the term for an additional six (6) months. 1.3 Consideration. The consideration to SOCCCD for entering into and consummating the Transaction shall be equal to ONE MILLION AND NO /100 DOLLARS ($1,000,000.00)(the "Consideration "). 1.4 Payment. The Consideration shall be paid as follows 1.4.1 Credit. Upon the Close of Escrow (as defined in Section 2.2 below), City shall receive the Valencia Parcel Credit in the amount of Five Hundred Thousand and No /100 Dollars ($500,000.00), pursuant to Section 13.7 of the Land Exchange Agreement. 1.4.2 Cash Balance Due. Not later than one (1) business day prior to the Closing Date (as defined in Section 7.1 below), City shall deposit with Escrow Holder (as defined in Section 2.1 below) by wire transfer of immediately available funds the sum of Five Hundred Thousand and No /100 Dollars ($500,000.00) (the "Cash Balance Due "), plus all costs to be paid by City as set forth in Section 8 below. 2. Escrow. 2.1 Escrow Instructions. The Exchange shall be consummated through Escrow No. (the "Escrow ") at First American Title Insurance Company, 18500 Von Karman Avenue, Suite 600, Irvine, California 92612 Attention: Patty Beverly (the "Escrow Holder "). Escrow shall be opened within three (3) days following the execution of this Agreement by delivery to Escrow Holder of a fully executed copy of this Agreement by the Parties. The date that the Escrow is opened as indicated by the Acceptance by Escrow Holder attached hereto shall be the "Escrow Opening Date." This Agreement, together with the general escrow provisions attached hereto as Exhibit E, shall constitute Escrow Holder's instructions. The Parties agree to execute and deliver to Escrow Holder such additional and supplemental instructions as Escrow Holder may require in order to clarify Escrow Holder's duties under this Agreement. However, in the event of any conflict or inconsistency between this Agreement and the general escrow provisions, the terms of this Agreement shall govem the duties of Escrow Holder and the rights and obligations of the Parties. 2.2 Definition of Close of Escrow. For purposes of this Agreement, the term "Close of Escrow" shall mean the time when Escrow Holder shall have recorded the instruments set forth in Section 7.4.2 below. 3. Annroval of Condition of Title 3.1 Valencia Parcel Commitment. Prior to the Effective Date (as defined in Section 13.15 below), City received and approved that certain Title Commitment issued by First American Title Insurance Company (the "Title Company "), identified as Order No. NCS- 5 5764- 44062WPB360W GRMIII 191275.8 5/13/14 660169 -SA1 as amended on April 3, 2014 ( "Valencia Parcel Commitment ") covering the Valencia Parcel, a copy of which is attached hereto as Exhibit F. For the purposes of this Agreement, the "Valencia Parcel Permitted Exceptions" shall refer to the following: (a) those exceptions to title as set forth in the Valencia Parcel Commitment and (b) the Valencia Parcel CC &Rs (as defined in Section 7.3.1(8) below). The Valencia Parcel Permitted Exceptions shall exclude the Current Notice of Sublease (which will be terminated as to the Valencia Parcel as of the Close of Escrow) and any delinquent taxes or any taxes due prior to the Close of Escrow and any other monetary liens or encumbrances on the Valencia Parcel. 3.2 Stria Parcel Commitment. Prior to the Effective Date, City received and approved that certain Title Commitment issued by the Title Company identified as Order No. NCS- 665287 -SAI dated April 29, 2014 ( "Strip Parcel Commitment ") covering the Strip Parcel, a copy of which is attached hereto as Exhibit G. For the purposes of this Agreement, the "Strip Parcel Permitted Exceptions" shall refer to the following: (a) those exceptions to title as set forth in the Strip Parcel Commitment and (b) the Strip Parcel CC &Rs (as defined in Section 7.3.1(h) below). The Strip Parcel Permitted Exceptions shall exclude any delinquent taxes or any taxes due prior to the Close of Escrow and any other monetary liens or encumbrances on the Strip Parcel. The Valencia Parcel Permitted Exceptions and the Strip Parcel Permitted Exceptions shall be collectively referred to herein as the "Permitted Exceptions." 4. Title Insurance Policy. At the Close of Escrow and as a condition thereto, the Title Company shall issue to City a policy of title insurance (the "Title Policy ") as to the Parcels, containing the terms and provisions set forth in this Section 4. The Title Policy shall be an ALTA Standard Coverage Policy (2006 Policy Form) in an amount equal to the Consideration, showing the following: (a) leasehold title to the Valencia Parcel vested in City, subject only to the Valencia Parcel Permitted Exceptions and such other matters as to which City may consent in writing; and (b) fee title to the Strip Parcel vested in City, subject only to the Strip Parcel Permitted Exceptions and such other matters as to which City may consent in writing. The premium for the Title Policy and any costs incurred in connection with the search and examination of title and /or for the issuance of the Valencia Parcel Commitment shall be paid by City. The Title Policy shall be issued without reliance on any indemnity of SOCCCD or any third party to induce Title Company to issue the Title Policy, without the prior written consent of City. If City so elects and the Title Company agrees, the Title Policy may include such endorsements as City may reasonably request; provided however that all such endorsements shall be issued at City's sole cost and expense. In addition, if City so elects and the Title Company agrees to issue an ALTA Extended Coverage Owner's Policy (2006 Policy Form), the "Title Policy" as defined above shall be an ALTA Extended Coverage rather than an ALTA Standard Coverage policy, with all other elements remaining the same; provided however, that the additional premium for such extended ALTA coverage shall be paid by City. 6 5764- 44062APW AGRWRI 191275.8 5/13/14 5. Due Diligence Review 5.1 Access to the Parcels. Prior to the Effective Date, City and SOCCCD executed that certain License Agreement dated 2014 in order to give City access to the Parcels for purposes of conducting its due diligence review (the "License Agreement "). The License Agreement shall remain in full force and effect in accordance with its terms. 5.2 Documents. Prior to the Effective Date, SOCCCD delivered to City copies of all written information in SOCCCD's possession (and not previously received from City) with respect to the Parcels, including all reports, maps and other written information, if any, which relate to the environmental condition of the Parcels. 5.3 Approval. Prior to the Effective Date, City conducted such due diligence review of the Parcels as it deems appropriate, and City hereby approves the condition of the Parcels. 6. Conditions Precedent to Close of Escrow. 6.1 Mutual Condition. It shall be a condition precedent to the obligations of SOCCCD and City to close the Escrow, which condition may be waived only by a written waiver executed by both SOCCCD and City and delivered to Escrow Holder, that each of the following events shall have occurred: (a) City and SOCCCD shall have approved and executed the Development Agreement Amendment; (b) the Development Agreement Amendment shall have been recorded in the Official Records; and (c) the applicable statute of limitation under CEQA with respect to a judicial challenge to this Agreement, the CEQA Document or the Development Agreement Amendment and the applicable statute of limitation under the Development Agreement Legislation for an electoral challenge to the Development Agreement Amendment shall each have expired without any claims (whether based on CEQA, the Development Agreement Legislation or general contract law) having being made or threatened in writing, or if this Agreement, the CEQA Document or the Development Agreement Amendment shall have been challenged, such challenge shall have been resolved without affecting the validity of this Agreement, the CEQA Document or the Development Agreement Amendment. 6.2 SOCCCD's Conditions. Each of the following shall constitute a condition precedent to the obligations of SOCCCD to close the Escrow and may be waived only by a written waiver executed by SOCCCD and delivered to City and to Escrow Holder: 6.2.1 City Documents. City shall have deposited in Escrow the funds and documents set forth in Section 7.3.2 below. 6.2.2 Representations and Warranties. All of City's representations and warranties as set forth herein shall be true as of the Close of Escrow. 6.2.3 No Default. City shall not be in default hereunder. If SOCCCD does not give Escrow Holder written notice of City's default, for purposes of this Section 6.2.3 only, City shall be deemed not to be in default hereunder, and Escrow Holder shall proceed with the Close of Escrow as though City were not in default. SOCCCD's failure to give such notice to Escrow Holder shall not excuse performance by City of any obligation hereunder. 7 5 764- 44062W133601AGM111191275.8 5/13/14 6.3 City's Conditions. Each of the following shall constitute a condition precedent to the obligations of City to close the Escrow and may be waived only by a written waiver executed by City and delivered to SOCCCD and to Escrow Holder: 6.3.1 SOCCCD Documents. SOCCCD shall have deposited in Escrow the documents set forth in Section 7.3.1 below. 6.3.2 Title Policy. The Title Company shall be irrevocably committed to issue the Title Policy upon the Close of Escrow. 6.3.3 No Material Change. As of the Close of Escrow, there shall be no material change in the Parcels that would materially impair City's use or development of the Parcels. 6.3.4 Representations and Warranties. All of SOCCCD's representations and warranties as set forth herein shall be true as of the Close of Escrow. 6.3.5 No Default. SOCCCD shall not be in material default hereunder. If City does not give Escrow Holder written notice of SOCCCD's default, for purposes of this Section 6.3.5 only, SOCCCD shall be deemed not to be in default hereunder, and Escrow Holder shall proceed with the Close of Escrow as though SOCCCD were not in default. City's failure to give such notice to Escrow Holder shall not excuse performance by SOCCCD of any obligation hereunder. 7. Close or Cancellation of Escrow 7.1 Closing Procedures. Provided that the conditions precedent to the Close of Escrow set forth in Section 6 above have been satisfied or waived, the Parties agree that the Escrow shall close and Escrow Holder is instructed to close the Escrow five (5) business days after the CEQA Claim Bar Date, but in no event later than September 30, 2014 (the "Closing Date "). 7.1.1 Issuance of Title Policy. Escrow Holder by closing the Escrow shall be deemed to have irrevocably committed to cause the Title Company to issue the Title Policy. 7.1.2 Failure of Close of Escrow to Occur. In the event that the Close of Escrow fails to occur by the Closing Date and neither Party is in default of its obligations hereunder, then either Party may cancel the Escrow by written notice to the other Party and to Escrow Holder. In the event that, due to a default by either Party, the Close of Escrow fails to occur by the Closing Date, then without waiving any rights or remedies which the non - Defaulting Party may have against the Defaulting Party (as defined in Section 11.1 below) under this Agreement, the non - Defaulting Party may cancel the Escrow upon written notice to the Defaulting Party and to Escrow Holder. 8 5764- 44062WPB3601AGRMn 1 191275.6 5/13/14 7.2 Escrow Cancellation. 7.2.1 If, for any reason, the Escrow is cancelled pursuant to Section 7.1.2 above, Escrow Holder shall return to the Parties delivering same all instruments which are then held by Escrow Holder in connection with the Escrow. 7.2.2 If the Escrow is cancelled pursuant to Section 7.1.2 above and neither Party is in default of its obligations hereunder, this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination), and City shall bear all title and Escrow fee and cancellation charges, if any. In such event, neither Party shall be obligated to the other to close the Escrow hereunder. 7.2.3 If the Escrow is cancelled pursuant to Section 7.1.2 above and SOCCCD is the Defaulting Party, SOCCCD shall pay the Escrow fee and cancellation charges. 7.2.4 If the Escrow is cancelled pursuant to Section 7.1.2 above and City is the Defaulting Party, City shall pay the Escrow fee and cancellation charges. 7.3 Items to be Delivered into Escrow. 7.3.1 SOCCCD. On or before one (1) business day prior to the date set for Close of Escrow, SOCCCD shall execute, acknowledge (as applicable) and deposit into Escrow the following: (a) Two (2) counterparts of Amendment No. 2 to the Current Sublease deleting the Valencia Parcel in the form of Exhibit H attached hereto (the "Sublease Amendment "); (b) One (1) original of Amendment No. 2 to the Current Notice of Sublease in the form of Exhibit I attached hereto (the "Notice of Sublease Amendment "); (c) One (1) original of a Notice of Effective Date of the Development Agreement Amendment in the form of Exhibit J attached hereto (the "Notice of Effective Date "); (d) Two (2) counterparts of a Termination of the McCain Agreement in the form of Exhibit K attached hereto (the "Termination of Agreement "); (e) One (1) original of a quitclaim deed as to the Strip Parcel in the form of Exhibit L attached hereto (the "Quitclaim Deed "); (1) Two (2) counterparts of an amendment to the Interim Lease in the form of Exhibit M attached hereto (the "Interim Lease Amendment "); (g) One (1) original of a Declaration of Covenants, Conditions and Restrictions affecting City's current and future interest in the Valencia Parcel in the form of Exhibit N attached hereto (the "Valencia Parcel CC &Rs "); 5 764 -44062 W P B 360\AG R Mn 119127 5.8 5/13/14 (h) One (1) original of a Declaration of Covenants, Conditions and Restrictions affecting City's fee title to the Strip Parcel in the form of Exhibit O attached hereto (the "Strip Parcel CC &Rs "); and (i) Such other documents as may be reasonably required by Title Company or Escrow Holder in order to issue the Title Policy or otherwise required to relinquish SOCCCD's interest in the Parcels in accordance with the terms of this Agreement. 7.3.2 Cam. On or before one (1) business day prior to the date set for Close of Escrow, City shall execute and deposit into Escrow the following: (a) Immediately available funds in the amount of the Cash Balance Due plus all costs to be paid by City as set forth in Section 8 below; (b) Two (2) counterparts of the Sublease Amendment; (c) One (1) original of the Notice of Sublease Amendment; (d) One (1) original of the Notice of Effective Date; (e) Two (2) counterparts of the Termination of Agreement; (f) One (1) original of the Quitclaim Deed; (g) Two (2) counterparts of the Interim Lease Amendment; (h) One (1) original of the Valencia Parcel CC &Rs; (i) One (1) original of the Strip Parcel CC &Rs; and 0) Such other documents as may be reasonably required by Title Company or Escrow Holder in order to issue the Title Policy or otherwise required to relinquish SOCCCD's interest in the Parcels in accordance with the terms of this Agreement. 7.4 Escrow Holder's Instructions. At such time as all of the conditions precedent to the Close of Escrow shall have been satisfied or waived, the Escrow Holder shall proceed as follows: forth below: 7.4.1 Date, as of the Close of Escrow, all instruments calling for a date. 7.4.2 Record, the following documents in the Official Records in the order set (a) The Notice of Sublease Amendment; (b) The Notice of Effective Date; (c) The Quitclaim Deed; 10 576444062W PB360W GRMIII 191275.8 5/13/14 (d) The Valencia Parcel CC &Rs; and (e) The Strip Parcel CC &Rs. 7.4.3 Deliver, the following documents and funds: (a) To City: (i) One (l) fully- executed counterpart of the Sublease Amendment, the Termination of Agreement and the Interim Lease Amendment; and (ii) The Title Policy. (b) To SOCCCD: (i) The Cash Balance Due and SOCCCD's Fees (as defined in Section 8.1.3 below), to such account as SOCCCD may specify in writing; and (ii) One (1) futly- executed counterpart of the Sublease Amendment, the Termination of Agreement and the Interim Lease Amendment. 7.5 Post - Closing Matters. After the Close of Escrow, Escrow Holder shall deliver the following: 7.5.1 To City: A copy, as recorded, of the documents recorded pursuant to Section 7.4.2 above. 7.5.2 To SOCCCD: A copy, as recorded, of the documents recorded pursuant to Section 7.4.2 above. 7.5.3 To Jackson, DeMarco, Tidus & Peckenpaugh, counsel to SOCCCD: Copies of all documents to be delivered to SOCCCD pursuant to Section 7.5.2 above. 7.5.4 To Woodruff, Spradlin & Smart, counsel to City: Copies of all documents to be delivered to City pursuant to Section 7.5.1 above. 7.6 IRS Form 1099 -5. For purposes of complying with Section 6045 of the Internal Revenue Code, as amended by Section 1521 of the Internal Revenue Code, Escrow Holder shall be deemed the "person responsible for closing the transaction," and shall be responsible for obtaining the information necessary to file and shall file within the time specified with the Internal Revenue Service Form 1099 -5, "Statement for Recipients of Proceeds from Real Estate, Broker and Barter Exchange Transactions." 8. Costs and Prorations. 8.1 Costs to be Paid by City. City shall pay the following costs: 8.1.1 The premium for the Title Policy; 5764- 44062\APB3601AGRMn 1 19127 5.8 5/13/14 8.1.2 The Escrow fee and recording costs (if any); and 8.1.3 City shall reimburse SOCCCD for the costs and expenses of SOCCCD's legal counsel and consultants incurred in the preparation and negotiation of this Agreement (including the exhibits hereto), approval of this Agreement by SOCCCD's Board of Trustees and consummation of the transaction set forth herein (collectively, "SOCCCD's Fees "), up to a maximum of Sixty -Four Thousand and No /100 Dollars ($64,000.00). Not later than five (5) business days prior to the Closing Date, SOCCCD shall provide City with evidence of payment of SOCCCD's Fees, and City shall deposit such amount into the Escrow pursuant to Section 7.3.2(a) above. In the event that SOCCCD's Fees exceed Sixty -Four Thousand and No /100 Dollars ($64,000.00), then the Parties shall in good faith discuss City's responsibility for payment of all or a portion of the excess amount. 9. Representations and Warranties: Covenants 9.1 SOCCCD's Representations and Warranties. As a material inducement to City to enter into this Agreement, SOCCCD makes the following covenants, representations and warranties to City set forth in this Section 9.1 as of the date hereof and as of the Close of Escrow: SOCCCD has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by SOCCCD pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the Close of Escrow. The individuals signing this Agreement and all other documents executed or to be executed pursuant hereto on behalf of SOCCCD shall be duly authorized to sign the same on SOCCCD's behalf and to bind SOCCCD thereto. This Agreement and all documents to be executed pursuant hereto by SOCCCD are and shall be binding upon and enforceable against SOCCCD in accordance with their respective terms. 9.2 City's Representations and Warranties. As a material inducement to SOCCCD to enter into this Agreement, City makes the following covenants, representations and warranties to District set forth in this Section 9.2 as of the date hereof and as of the Close of Escrow: 9.2.1 City's Authority to Execute Agreement. City hereby represents to SOCCCD that on and as of the date of this Agreement and on and as of the Close of Escrow, City has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by City pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the Close of Escrow. The individuals signing this Agreement and all other documents executed or to be executed pursuant hereto on behalf of City shall be duly authorized to sign the same on City's behalf and to bind City thereto. This Agreement and all documents to be executed pursuant hereto by City are and shall be binding upon and enforceable against City in accordance with their respective terms. 9.2.2 AS -IS. City acknowledges that City has inspected the Parcels and made its own independent investigation of the same. City further acknowledges that it is acquiring the Parcels "AS -IS," in reliance solely on its own inspection of the Parcels and on SOCCCD's representations and warranties as set forth herein. 12 5764- 44062W PR360W GRM711191275.8 5/13/14 10. Release. 10.1 Mutual Release and Waiver. Except as expressly set forth in this Agreement, City, on the one hand, and SOCCCD, on the other hand, each hereby agrees to and does forever waive, release, acquit and forever discharge the other Party and such other Party's predecessors, successors, subsidiaries and affiliates, and each of their respective elected and appointed officials, officers, directors, shareholders, members, partners, limited partners, agents, attorneys, employees, insurers and affiliates, and each of them, of and from any and all claims, losses, demands, obligations, liabilities, indebtedness, breaches of contract, disclosures, breaches of duty or any relationship, acts, omissions, misfeasance, cause or causes of action, debts, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, fees, sanctions, losses and expenses of every kind, nature, description or character, and irrespective of how, why or by reason of what facts, which could, might or may be claimed to exist or whatever kind or name, whether known or unknown, suspected or unsuspected, developed or undeveloped, liquidated or unliquidated, which ever existed, now exists or may hereafter exist, each as though fully set forth herein at length, which in any way arise out of, are connected with or relate to the Parcels pursuant to the Development Agreement, the Current Sublease, the other City Conveyance Documents or the McCain Agreement, except for any obligations expressly set forth in this Agreement or any of the documents that are attached hereto as exhibits and incorporated by reference therein (all of the Claims released under this Section 10.1 shall be collectively referred to as the "Released Claims "). Each Party each hereby covenants and agrees not to sue or assert, or to cause or assist any other person or entity to sue or assert, any claim or cause of action which is released by the Released Claims or which is based upon the Released Claims. The releases provided under this Section 10.1 shall be effective on the Close of Escrow. Each Party agrees, represents and warrants that it realizes and acknowledges that it may hereafter discover facts, in addition to or different from those which the Party now knows or believes to be true with respect to the subject matter of this Agreement and the Released Claims, and in furtherance of this intention, the releases given herein shall be and remain in effect notwithstanding the discovery of such additional or different facts. Each Party hereby expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, and expressly consents that this release shall be given full force and effect according to each and all of its express terms and provisions. Section 1542 provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." City Initials SOCCCD Initials Each Party hereby understands and acknowledges the significance and consequences of such release and specific waiver of Section 1542 and has been advised by independent legal counsel concerning the same. 10.2 Acknowledgment Concerning Releases. Notwithstanding anything in Section 10.1 above, each Party acknowledges and agrees that the Released Claims do not include 13 5 764 -04062 W' 9360 W (i R Mn 1191275.8 5/13/14 (a) any claim seeking to enforce or obtain a remedy for a breach of obligations created by this Agreement, the Development Agreement Amendment, the Termination of Agreement, the Quitclaim Deed, the Interim Lease Amendment, the Valencia Parcel CC &Rs, the Strip Parcel CC &Rs, or any of the documents that are attached thereto as exhibits and incorporated by reference therein, or (b) any claim by City for indemnity under the Development Agreement, the Current Sublease, the other City Conveyance Documents or the McCain Agreement with respect to the Parcels, which indemnity claim is based on any actions or omissions of SOCCCD during the period of time that the foregoing documents were in effect with respect to the Parcels. 10.3 Additional Agreements. The Parties further agree 10.3.1 This Agreement, its terms and provisions, and the release set forth herein have been carefully read in their entirety by each of the Parties, each of which has had the benefit and advice of counsel of its choosing; 10.3.2 In entering into this Agreement and the release set forth herein, each of the Parties is acting freely and voluntarily and without influence, compulsion or duress of any kind from any course, including, but not limited to, any other Party, its attorneys, representatives or anyone acting or purporting to act on behalf of any Party; and 10.3.3 Each Party represents and warrants to the other Party that it has not heretofore assigned, transferred, encumbered or purported to assign, transfer or encumber in whole or in part, any claim, right or other matter transferred or released under this Agreement. 11. Default. 11.1 Events of Default. The failure of a Party (the "Defaulting Party ") to perform any material act to be performed by such Party, to refrain from performing any material prohibited act, or to fulfill any condition to be fulfilled by such Party under this Agreement, or under any agreement referred to herein or attached hereto as an exhibit, within thirty (30) days after written notice of such failure from the Non - Defaulting Party shall be an "Event of Default" by the Defaulting Party with respect to the Defaulting Party's obligations hereunder. 11.2 Remedies. Upon the occurrence of any Event of Default by a Defaulting Party, the non - Defaulting Party shall have such rights or remedies available to it under this Agreement or at law or in equity (including without limitation, specific performance, a temporary restraining order or an injunction). 12. Post - Closing Covenants. 12.1 Possession. Possession of the Parcels shall be delivered to City upon the Close of Escrow, subject only to the Permitted Exceptions. City shall be solely responsible after the Close of Escrow for demolishing any former military buildings or other improvements located on the Parcels at its sole cost and expense. 12.2 Land Exchange Agreement. Effective upon the Close of Escrow, the obligations of the Parties with respect to the Valencia Parcel as set forth in Section 13.7 of the Land Exchange Agreement shall be deemed to have been fully performed. 14 576444062W 13360WGRMI11191275.8 5/13/14 12.3 Discretionary Approvals. City shall not initiate the process of adopting any discretionary approvals with respect to the Valencia Parcel until ninety (90) days after the date that the City's NOD is filed with the Orange County Clerk's Office. 12.4 Parking. In the event that City uses all or a portion of the Valencia Parcel or any other property adjacent thereto that is north of Valencia Avenue and west of Severyns Road for vehicular parking (the "Parking Area "), and City determines in its reasonable discretion upon completion of the parking facilities that there is parking capacity available on the Parking Area, then City shall notify SOCCCD. In such event, City and SOCCCD shall negotiate in good faith the terms of a parking easement or license agreement that would enable SOCCCD (or its lessees) to use the parking facilities on the Parking Area in a manner that does not interfere with City's use of such parking facilities. Neither Party shall be obligated to enter into such parking easement or license agreement. 12.5 Survival. The rights and obligations of the Parties in this Section 12 shall survive the Close of Escrow. 13. Miscellaneous 13.1 Brokerage Commissions. Each Party warrants and represents to the other Party that no broker, finder or other intermediary hired or employed by it is entitled to a commission, finder's fee or other compensation based upon the transaction contemplated hereby and each party (the "Indemnitor ") shall indemnify and hold harmless the other party from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the claim of any broker, finder or other intermediary alleging to have been employed or hired by the Indemnitor, to a commission, finder's fee or other compensation based upon the transaction contemplated hereby. The obligations of City and SOCCCD pursuant to this Section 13.1 shall survive the Close of Escrow and any termination of this Agreement by City or SOCCCD. 13.2 Notices. All notices or other communications between City and SOCCCD required or permitted hereunder shall be in writing and personally delivered or sent by certified mail, return receipt requested and postage prepaid, sent by reputable overnight courier (such as Federal Express, UPS or DHL), or transmitted by electronic facsimile transmission (with electronic confirmation of receipt), to the following addresses: If to City: City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: Jeffrey Parker, City Manager Telefacsimile No.: (714) 838 -1602 with a copy to: Woodward, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Attention: David Kendig, Esq. Telefacsimile No.: (714) 415 -1188 15 5 7 64- 44 0 62MPB3601AG RMn 1 191275. B 5/13/14 If to SOCCCD: South Orange County Community College District 28000 Marguerite Parkway Mission Viejo, CA 92692 Attention: Debra Fitzsimons, Vice Chancellor of Business Services Telefacsimile No.: (949) 347 -2472 with a copy to: Jackson, DeMarco, Tidus & Peckenpaugh 2030 Main Street, 12th Floor Irvine, CA 92614 Attention: Andrew P. Bernstein, Esq. Telefacsimile No.: (949) 752 -0597 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. or otherwise on the day following personal delivery, or when received, if transmitted by electronic facsimile transmission (with electronic confirmation of receipt), or two (2) business days following the date the notice is postmarked, if mailed, or on the day following delivery to the applicable overnight courier, if sent by overnight courier. Either Party may change the address to which notices are to be given to it by giving notice of such change of address in the manner set forth above for giving notice. 13.3 Time of the Essence. Time is of the essence of this Agreement and each and every term and provision hereof. 13.4 Interpretation; Governing Law. This Agreement shall be construed as if prepared by both Parties. This Agreement shall be construed, interpreted and governed by the laws of the State of California and the laws of the United States of America prevailing in California. 13.5 Performance of Acts on Business Days. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to calendar days. In the event that the final date for payment of any amount or performance of any act hereunder falls on a Saturday, Sunday or holiday, such payment may be made or act performed on the next succeeding business day. 13.6 Attorney's Fees. In the event of any legal action or other proceeding between the parties regarding this Agreement (an "Action"), the prevailing party shall be entitled to the payment by the losing party of its reasonable attorneys' fees, expert witness fees, court costs and litigation expenses, as determined by the court. 13.7 Post - Judgment Attorneys' Fees. The prevailing party in any Action shall be entitled, in addition to and separately from the amounts recoverable under Section 13.6 above, to the payment by the losing party of the prevailing party's reasonable attorneys' fees, expert witness fees, court costs and litigation expenses incurred in connection with (a) any appellate review of the judgment rendered in such Action or of any other ruling in such Action, and (b) any proceeding to enforce a judgment in such Action. It is the intent of the Parties that the provisions of this Section 13.7 be distinct and severable from the other rights of the Parties under this Agreement, shall survive the entry of judgment in any Action and shall not be merged into such j udgment. 16 5764-04062\APB360WGRM7U 191275.8 5/13/14 13.8 Further Assurances; Survival. Each Party will, whenever and as often as it shall be requested to do so by the other Party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement. All covenants and obligations contained in this Agreement which imply or require performance after the Close of Escrow and all representations and warranties of the Parties contained in this Agreement shall survive the Close of Escrow. 13.9 Entire Agreement; Amendments. This Agreement, together with the other wTitten agreements referred to herein, is intended by the Parties to be the final expression of their agreement with respect to the subject matter hereof, and is intended as the complete and exclusive statement of the terms of the agreement between the Parties. As such, this Agreement supersedes any prior understandings between the Parties, whether oral or written. Any amendments to this Agreement shall be in writing and shall be signed by all Parties hereto. 13.10 No Waiver. A waiver by either Party hereto of a breach of any of the covenants or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 13.11 Assignment. Neither Party hereto shall assign its rights under this Agreement without the prior written consent of the other Party, which consent shall be in such Party's sole discretion; provided, however, that notwithstanding the foregoing SOCCCD shall have the right to assign its rights and delegate its obligations hereunder to an entity the board members of which are the same as the members of the Board of Trustees of SOCCCD or to a wholly -owned subsidiary of such an entity. 13.12 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and permitted assigns. 13.13 Headings; Cross - References; Exhibits. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand or limit the terms of this Agreement. All cross - references in this Agreement, unless specifically directed to another agreement or document, shall refer to provisions in this Agreement and shall not be deemed to be references to any other agreements or documents. Each of the exhibits attached to this Agreement is hereby incorporated into this Agreement by this reference. 13.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 13.15 Effective Date. This Agreement shall become effective on the date (the "Effective Date ") this Agreement is executed by the last of the persons required to bind the parties hereto as set forth opposite their respective signatures below. [signatures on following page] 17 576444062�APn360tAGRM3\ 1 191275.8 5/13/14 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures below. DATED: 2014 CITY: CITY OF TUSTIN, a California municipal corporation Name: Jeffrey C. Parker Title: City Manager APPROVED AS TO LEGAL FORM: By: Name: David Kendig, Esq. Title: City Attorney DATED: 12014 SOCCCD: SOUTH ORANGE Cowry COMMUNITY COLLEGE DISTRICT, a California public agency By: Name: Gary L. Poertner Title: Chancellor 18 5764- 44062\gYg360\A0RM'N 191275.8 5/13/14 ACCEPTANCE BY ESCROW HOLDER Escrow Holder hereby acknowledges receipt of this fully executed Agreement on the day of , 2014, which date shall be the Escrow Opening Date, and accepts the escrow instructions set forth herein. ESCROW HOLDER: FIRST AMERICAN TITLE INSURANCE COMPANY By: Name:-Patty Beverly Title: Escrow Officer 19 EXHIBIT A Valencia Parcel EXHIBIT A 5764A4062tiP13360W GRMIII 191275.8 5 /13/14 BKF April 122 2006-13 9, 2013 I& BKF No. 20 •• SPage 1 of 2 ENSIMEERB � SURVEYORS! PLLNM E AS LEGAL DESCRIPTION OF AREA NO. 10 Tustin, CA Portion of APN: 430 - 282 -11 and All of APN: 430 - 282 -10 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL IV -J4 and all of PARCEL IV -J -5 as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly corner of said PARCEL IV -J -5; Thence along the easterly line of said PARCEL IV -J -5, South 07 °I P09" West, 236.11 feet to the southwesterly line of said PARCEL 1V -J -5; Thence along said southwesterly line of PARCEL IV -J -5 and PARCEL IV -J -4 the following five (5) courses: I . North 73031'26" West, 47.60 feet; 2. South 64 °04'33" West, 24.04 feet to the beginning of a tangent curve having a radius of 1038.68 feet; 3. Northwesterly along said curve, through a central angle of 05 °27'40 ", for an are length of 99.00 feet to the beginning of a compound curve, having a radius of 1353.04 feet; 4. Along said curve northwesterly, through a central angle of 16 °07'53" for an arc length of 380.94 feel; 5. North 49 01954" West, 183.81 feet; Thence leaving said southwesterly line, North 40 °40'06" East, 325.27 feet to the northeasterly line of said PARCEL IV -J -4; 'thence along said northeasterly line of said PARCEL IV -J -4 and continuing along the northeasterly line of said PARCEL IV -5, South 49 010'56" East, 576.11 feet to the POINT OF BEGINNING. Page 1 of 2 Containing an area of 197,272 square feet or 4.529 acres more or less. Being a portion of Assessor's Parcel Number 430 - 232 -11 and all of Assessor parcel number 430 - 282 -10 As shown on "Schedule 1" attached hereto and made a part hereof. For: BKF Engineers ..,;y,_,,:,,,,,. By: RAl9i Yt8iE ; Davis Thresh, P.L.S. No 6863 license expires: 09 -30 -2014 Date: (4 -Z40is KASurl2 \122006.13 A'I'EY land Swap Nlxs\DWG`,%I A]N\LEGAIS \LAND am IANGE l0.da Page 2 of 2 PROPOSED AREA 7 N19 LAND EXCHANGE 9 m AREA NO. 10 a m 197,272 sq. ft.± a " 4.529 acres± PARCEL IV -J -4 DOC. NO, 20020404590 9 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430-282-11 w U N O r m v - - N R= 1353.04' A= 16'07'53" L= 380.94' SOUTH ORANGE COUNTY 1 COMMUNITY COLLEGE DISTRICT APN: 430 - 282 -10 PARCEL IV -J -5 DOC. NO. 20020404590 P.O. R= 1038.68' N 19'04'33" E(R) 6= 5'27'40" L= 99.00' / S 64'04'33° W 24.04' �9 N 73'31'26" W K: \SUR12 \122006- 13PI.ATS \I AND SWAP 1QDWG BKF F - m- IiummelPu�t 600 SOUTH MAIN STREET SUITE 920 ORANGE, CA 92858 714- 415 -0500 714 - 415 -0599 (FAX) a ,06 /1 LEGEND P.O.B. POINT.OF BEGINNING CITY OF TUSTIN APN: 430 - 282 -26 PLAT TO ACCOMPANY LEGAL DESCRIPTION Subject SCHEDULE i LAND EXCHANGE AREA 10 Job No. 20102006 -13 By RL Date 4/19/13 Chkd.WS SHEET 1 OF 1 EXHIBIT B Site Map EXHIBIT B 576444062 W PB36MG RM1� 1191275.8 5/13/14 i \ \ car of nss1,E I . A r - CCVMUN" PARK to 70 IL aoQa _ice tQ VALENCIA AVENLE N ! V d u rr ° 049 I ,u `a ESQ •, 7 0 ?167 TL cd :3 uLk i11 R x I FUTURE E8 AW -.NLF- It W ! 0 .......... Iz z�CL r � v,t�a�vz= ! V n a w N z X. I �Qo a I i �y W21 ' I IL has j $ JIx v FUlrURE WART AVENUE _ l._ ss __ — �+ EXHIBIT C Strip Parcel EXHIBIT C 5764- 44062W B360V%GRMlMI 191 275.8 5/13/14 1 2 3 4 5 6 7 8 9 10 —11 12 13 14 15 16 17 18 19 20 21 22 23 24 PSOMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of California, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, bath of the records of said County, described as follows: Parcel( -E -4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 40 °37'39" East between Valencia Avenue and Warner Avenue; thence South 49'20'07" East 103.05 feet; thence South 40 039'53" West 52.00 feet to the True Point of Beginning; thence South 49'20'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central angle of 1'54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bears North 42'34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16'18'19 "; thence South 31'06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central angle of 12'42'56"; (hence South 43049'53" East 61.09 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14'09'14 "; thence South 57'59'07" East 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14'09'17 "; thence South 43049'50" East 9.46 feet to the beginning of a curve r .:,Suntys \2taA10200`acporugcgnl Pmcel_I -E 4.doc arz0/U2 2:06 PM Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 y 22 lul IPS OMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2 032'29'; thence South 02 °51'08" East 23.41 feet; thence South 47 019'39" East 11.70 feet; thence South 40 029'44" West 47.00 feet; thence North 49 °19'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40 037'39" East 59.07 feet to a point lying South 8538'32" West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85 °38'32" East 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. prepared under my supervision ;,?If " ' Walter A. Sheek P.L.S. 4838 Revised April 17, 2002 F: �Surveysr2msU1U200treporuriegalParccl 1- E4.dw 4126/02 2:D6 PM Page 2 of 2 A *I EXPs 'e38 1 IRES: 9/30/p4 0 QVED By DAME= `WA " RO° EXHIBIT B 0 O.r�. -1 -1E) G;'12 a, RS N- 1D -l5 R3,8. -l8 3/3 -1-3D VALENCIA AVE. '4 SZ 144734'44'E LOT 8 I — P.O.B. PCC (RFD) 5 9'2707'E l I 'a ^r CI 'C2 RA_ 10705' C3 L3 C. L4 CS LS •.C6 - -' -- -- -- -- imPI 1. 1 -E -4 / L6 L 0 L10 L7 J r }- L1 PARCEL I -E -4 77' 59.07' 47.10' it rJ0' - 7' N40'37 39'E 0.57 AC. S' N49'19'54"W N I � o i \ J� o I E1 Z o e U Z!7 l \t w LAA, ERA 5 NOT A PART `N LS .Ob } ni CURVE TABLE \$. * E�w //aJJrs u/x/9a No RADIUS LENGTH DELTA Cl I .04 4 O4_ 1' 451 C7 m S}j Rat• 2 42M /1,9i 1618�t: �Cr GUF° C_] 59.00 Q.B7 12'4258 4 QO ;4_J} 1 i< CS 4 10.16 .4'0917 LC C6 U5 04 64.4 ] f 4 389 6 a 53 / u7 ba AFPROVEO BY /: 30' —47'J / a0 / DATE 5_ — — — / N49'12'21'W .,\ 177.8 t' 22'21'N L11 1.L. e 72.GP Ca WARNER AVE. q � too DES7 Pl.m PareY F -4 (Pagan 0 R. M. DY"WM V..• 1) MlEET 11)F / SCAtt I' -Ia0' dlEC R4i PSOMAS CrE�Ls MCAS- TUSTIN � AgaF1ID InR9SM16i NUN9SR 21L•5010:M eumNC ue uo BEARING I DISSANCE 1 46 0' E $ I�� 5.18 f 7 4 4 4 5} T B T 09 9.86 6 L so ; Da 4T1 3 Z ii ' Z� aN4GJ]J9a S 14 ]' 10 Np5'S 1 11 IN 9 W i E 9 L 1 E i RECORDING REQUESTED BY: AND NVIIEN RECORDED MAIL TO: City Manager The City of Tustin 300 Centennial Way Tustin, California 92780 Fee Exempt Per Government Code Section 6103 AMENDMENT NO. I TO DEVELOPMENT AGREEMENT AND AMENDED AND RESTATED AGREEMENT between THE CITY OF TUSTIN and THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT for CONVEYANCE OF A PORTION OF MCAS TUSTIN and THE ESTABLISHMENT OF AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS i761- 49062 \R1D403V1193093.11 5/13/14 TA13LE OF CONTENTS 5764^44062mo403\119309 |/ »m/ 1 Page l. Subject and Purpose of This Amendment; Applicable Requirements ....................... l |.l UcOnitioox� Attachments ....................................................................................... | 12 Background for this Amendment ......................................................... —....--2 2. Purposes vf this Amendment .......................................................................................... 3 2.1 Pre-Existing Agreement ..................................................................... ................... ] 22 Coosidcru6ou ......................................................................................................... ] 3^ Effective Date ................................................................................................................... 3 4. Sublease ,...,...°°.,°°.°°^°°°°°°°°°°°°°~^^^.~.,...^..~..°°^°°°°°.°°°°"°°^^3 5. Transfer of Subsequent Parcels ...................................................................................... 3 5.1 Exclusion of Valencia Parcel ................................................................................. 3 51 Escrow Instructions ................................................................................................ 4 6. Definition of«5nccod Proper(y.» .................................................................................... 4 6.1 S(}C[(.D Property ou Amendment Effective Date ............................................... 4 6.7 S(}C(,C[> Property after Coun1y'S()C(.[[) Land Exchange ................ ............... 4 7. Reriued]L0/kI . .................................................................................................................. 4 @. Effect of'Valeooiu Agreement oo Pre-Existing Agreement .......................................... 4 9. Adequacy of Amendment CEQA Document ................................................................. 4 10. Reprew,otudoov..~--°...°..~.~.,.^°.^.°°.^..^.~...—...°.~....°.-°°—...—. 4 10.1 City ............................................................... ......................................................... 4 10.2 S(}[CCU ........ ....................... .................................................................. ............ 5 lLEffect of Amendment ....................................................................................................... 5 5764^44062mo403\119309 |/ »m/ 1 Desienation A B C D E EXHIBITS Description Legal Description of Valencia Parcel Legal Description of Strip Parcel SOCCCD Property on Amendment Effective Date SOCCCD Property after County Exchange Revised LIJAP Section Reference Section 1.2.1 Section 1.2.1 Section 6.1 Section 6.2 Section 7 576 k44062\RJD403 \119309111 5/13/14 AMENDMENT NO. I TO DEVELOPMENI'AGREEMENT and AMENDED AND RESTATED AGREEMENT between THE CITY OF TUSTIN and THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT for CONVEYANCE OF A PORTION OF MCAS TUSTIN and THE ESTABLISHMENT of AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS THIS AMENDMENT NO. I TO DEVELOPMENT AGREEMENT AND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR CONVEYANCE OF A PORTION OF MCAS, TUSTIN AND THE ES'T'ABLISHMENT OF AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS (this "Amendment ") is dated for identification purposes this day of , 2014 (the "Amendment Identification Date "), is entered into by and between the CITY OF TUSTIN ( "City"), a municipal corporation organized under the laws of the State of California, acting in its capacity as the Local Redevelopment Authority for the disposition and conveyance of portions of the former Marine Corps Air Station Tustin, California, and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( "SOCCCD "), a public agency, and amends that certain Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for Conveyance of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus dated May 22, 2013 (the "Pre- Existing Agreement "). '['his Amendment shall be recorded in the Official Records of Orange County, California immediately following the Amendment Identification Date but shall not become effective until the Amendment Effective Date as set forth in Section 3 below. The City and SOCCCD are sometimes referred to herein individually as a "Party" and collectively as the "Parties." The Parties agree as follows: I. SUBJECT AND PURPOSE OF THIS AMENDMENT; APPLICABLE REQUIREMENTS. 1.1 Definitions; Attachments. Capitalized terms used herein, unless otherwise defined herein, shall have the meanings specified in the Pre - Existing Agreement. Unless otherwise indicated, references in this Amendment to sections, paragraphs, clauses, exhibits, attachments and schedules are those contained in or attached to this .Amendment and all exhibits 5769- 10621RJD40311193093.11 5/13/19 and schedules referenced herein are incorporated herein by this reference as though fully set forth in this Amendment. 12 Background for this Amendment. 12.1 After the Effective Date of the Pre - Existing Agreement, the staffs of the City and SOCCCD entered into discussions whereby, in exchange for certain compensation. SOCCCD would relinquish to the City all of SOCCCD's rights to acquire a 4.53 acre parcel of real property located north of Valencia Avenue and more particularly described in Exhibit A attached hereto (the "Valencia Parcel ") and for SOCCCD to convey to the City a 0.57 acre parcel of real property located at the southeast corner of the intersection of Valencia Avenue and Red Hill Avenue and more particularly described in Exhibit B attached hereto (the "Strip Parcel "). The Valencia Parcel and the Strip Parcel are sometimes hereinafter collectively called the "Parcels." 1.22 The agreement between the City and SOCCCD concerning the Valencia Parcel is set forth in a document entitled "Agreement Concerning Valencia Parcel between the City of Tustin and South Orange County Community College District" of even date herewith (the "Valencia Agreement. ") On , 2014, the City Council, by Resolution No. approved the Valencia Agreement and on , 2014, by Resolution No., the Board of Trustees also approved the Valencia Agreement. The form of this Amendment is attached as Exhibit C to the Valencia Agreement. 1.2.3 On , 2014, City's Planning Commission held a duly noticed public hearing on this Amendment in accordance with the Development Agreement Ordinance, and determined that consideration of this Amendment complied with CEQA based on the Initial Study Checklist dated , 2014 ( "Amendment CEQA Document ") prepared in connection with City's consideration of this Amendment. In addition, at such meeting the Planning Commission (A) determined that (i) this Amendment was consistent with the Specific Plan; (ii) this Amendment is in conformity with public convenience, general welfare and good land use practice, will not be detrimental to the health safety and general welfare of the community and will not adversely affect the orderly development of property or the preservation of property values, and (iii) this Amendment is advantageous to and benefits City; and (B) for these reasons recommended that the City Council approve and enact this Amendment in accordance with Tustin Citv Code Sections 9614 -9615, inclusive. 1.2.4 On , 2014, the City Council introduced and conducted a first reading of proposed Ordinance No. enacting this Amendment, and held a duly noticed public hearing. Upon conclusion of the public hearing, the City Council determined that this Amendment complies with CEQA, and found it to be consistent with the City's General Plan, the Specific Plan and the Development Agreement Ordinance. 1.2.5 On , 2014 (the "Amendment Approval Date "), the City Council conducted a second reading and adopted Ordinance No. , approving this Amendment. 2 5 764- 4406 2TJ 34 0311 193093.11 5/13/14 1.2.6 Sections 65864 throu0i 65869.5 of the California Government Code (the "Development Agreement Laws ") authorize City to establish procedures to enter into binding development agreements with persons having legal or equitable interests in real property located within City for development of the property. 1.2.7 Section 65865 of the California Government Code allows cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property under the Development Agreement Laws. 2. PURPOSES OF THIS AMENDMENT. 2.1 Pre - Existing Agreement. The purpose of this Amendment is (a) to rescind the obligation of the City under the Pre - Existing Agreement to convey the Valencia Parcel to SOCCCD and (b) to remove both. of the Parcels from the coverage of the Pre- Existing Agreement by changing the definition of "SOCCCD Property." 2.2 Consideration. The Parties acknowledge that the consideration to be received by City and SOCCCD pursuant to this Amendment and the Valencia Agreement constitute sufficient consideration to support the covenants and agreements of City and SOCCCD. 3. EFFECTIVE DATE. Notwithstanding the dates on which the enacting ordinance becomes effective and this Amendment is recorded, it shall not become effective by its terms until such date (the "Amendment Effective Date ") as the close of escrow for the Valencia Agreement shall occur. Such close of escrow shall be evidenced by the recordation in the Official Records of a Memorandum of Amendment Effective Date, to be recorded upon the close of escrow of the Valencia Agreement. In the event that the Amendment Effective Date shall not have occurred on or before September 30, 2014 (the "Outside Effective Date "), then this Amendment shall terminate and be of no further force or effect. The Parties may, however. extend the Outside Effective Date without processing an amendment to this Amendment or the Pre- Existing Agreement on one or more occasions provided that such extension is reduced to writing and executed by the City's City Manager and SOCCCD's Chancellor. Until the Amendment Effective Date, the Pre - Existing Agreement shall remain unaffected and in full force and effect and shall likewise remain in full force and effect if this Amendment terminates without ever having become effective. 4. SUBLEASE. Upon the closing of the Valencia Agreement, the Original Sublease (as amended by Amendment No. I thereto) will be amended pursuant to that certain Amendment No. 2 thereto in the form attached as an exhibit to the Valencia Agreement (the "Valencia Sublease Amendment"-, the Original Sublease as modified by Amendment No. I thereto and the Valencia Sublease Amendment shall be referred to herein as the "Updated Sublease "). Pursuant to the Valencia Sublease Amendment, the Initial Sublease Area will be modified to remove the Valencia Parcel. The remaining real property covered by the Updated Sublease is hereinafter called the "Updated Sublease Areal' The Updated Sublease Area will be more particularly described in that certain Amendment No. 2 to Short Form Notice of Sublease in the form attached as an exhibit to the Valencia Agreement ( "Amendment No. 2 to Notice of Sublease"). which will be recorded in the Official Records upon the closing of the Valencia Agreement. 3 5764- 440621R1t1.103VI 193093.11 5113114 5. TRANSFER OF SUBSEQUENT PARCELS. 5.1 Exclusion of Valencia Parcel. Notwithstanding anything to the contrary in the Pre - Existing Agreement, the Valencia Parcel shall not be included in the term "Subsequent Parcels" and the City shall have no obligation to convey the Valencia Parcel to SOCCCD. Upon the conveyance of the Valencia Parcel to the City by the Navy, the City shall retain the Valencia Parcel for uses in accordance with the Valencia Agreement. 5.2 Escrow Instructions. This Amendment shall constitute an Amendment to the joint escrow instructions of SOCCCD and City to Escrow Holder (First American Title) contained in the Pre - Existing Agreement. 6. DEFINITION OF " SOCCCD PROPERTY." The real property governed by the Pre - Existing Agreement as amended by this Amendment shall be known as the " SOCCCD Property." Upon the close of escrow, of the Valencia Agreement, the real property governed by the Pre - Existing Agreement as amended hereby, and the definition of " SOCCCD Property" as used in the Pre - Existing Agreement as amended hereby, shall be deemed to exclude the both of the Parcels. 6.1 SOCCCD Property on Amendment Effective Date. The term " SOCCCD Property on Amendment Effective Date" describes the property in Tustin Legacy that will be owned or subleased by SOCCCD on the Amendment Effective Date after the consummation of the transfers contemplated by the Valencia Agreement. The SOCCCD Property on Amendment Effective Date is more particularly described in Exhibit C attached hereto, which shall supersede and replace Exhibit D to the Pre- Existing Agreement. 6.2 SOCCCD Property after Countv- SOCCCD Land Exchange. 7tie term " SOCCCD Property after County Exchange" describes the property in Tustin Legacy that will be owned or subleased by SOCCCD alter the close of the County - SOCCCD Land Exchange. The SOCCCD Property after County Exchange is more particularly described in Exhibit l) attached hereto, which shall supersede and replace Exhibil E to the Pre - Existing Agreement. Upon the closing of the County- SOCCCD Land Exchange, the real property governed by the Pre - Existing Agreement as amended hereby, and the meaning of the term " SOCCCD Property," shall, automatically and without further action by either Party, be deemed to encompass the SOCCCD Property after County Exchange as described in Exhibit D attached hereto. 7. Revised LUAP. Attached hereto as Exhibit E. is a revised Land Use and Access Plan ( "LUAP ") showing the general features of the development planned for the SOCCCD Property, including access points and land uses. The attached Exhibit E shall supersede and replace Exhibit F to the Pre - Existing Agreement. 8. EFFECT OF VALENCIA AGREEMENT ON PRE - EXISTING AGREEMENT. The Parties hereto acknowledge and agree that neither the square footage of development permitted by the Pre - Existing Agreement nor the ratio of Land Use Category I to Land Use Category 2 development nor the number of trips assigned to the SOCCCD Property shall be 4 3764- 44062RJ D403V 1 193093,11 5/13/14 affected by SOCCCD's relinquishment of its rights to the Valencia Parcel, the conveyance of the Strip Parcel or by any other provision of the Valencia Agreement. 9. ADEQUACY OF AMENDMENT CEQA DOCUMENT. SOCCCD acknowledges that the Amendment CEQA Document is a legally adequate and sufficient document, prepared and approved in a manner consistent with all applicable provisions of federal and state law. 10. REPRESENTATION'S. 10.1 Cirv. The City hereby represents to SOCCCD that on and as of the date of this Amendment and on and as of the Closing, City has full capacity, right, power and authority to execute, deliver and perform this Amendment and all documents to be executed by City pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the closing of the Valencia Agreement. The individuals signing this Amendment and all other documents executed or to be executed pursuant hereto on behalf of City shall be duly authorized to sign the same on City's behalf and to bind City thereto. This Amendment and all documents to be executed pursuant hereto by City are and shall be binding upon and enforceable against City in accordance with their respective terms. 10.2 SOCCCD. SOCCCD hereby represents to City that on and as of the date of this Amendment and on and as of the Closing, SOCCCD has full capacity, right, power and authority to execute, deliver and perform this Amendment and all documents to be executed by SOCCCD pursuant hereto, and all required action and approvals therefore have been duly taken and obtained for the closing of the Valencia Agreement. The individuals signing this Amendment and all other documents executed or to be executed pursuant hereto on behalf of SOCCCD shall be duly authorized to sign the same on SOCCCD' s behalf and to bind SOCCCD thereto. This Amendment and all documents to be executed pursuant hereto by SOCCCD are and shall be binding upon and enforceable against SOCCCD in accordance with their respective terms. 11. EFFECT OF AMENDMENT. Except as specifically otherwise set forth in this Amendment, the Pre - Existing Agreement shall remain in full force and effect as set forth therein. /Signatures Included on Following Pages) 5 5764- 14062\RJ D403\ 1 193093.1 1 5/13/14 The Parties have each executed this Amendment as of the date first written above. CITY OF TUSTIN, a California municipal corporation Name: Jeffrey C. Parker Title: City Manager Approved as to Form: City Attorney or Special Counsel By: David E. Kendig, City Attorney SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a California public agency Bv: Name: Gary L. Poermer Title: Chancellor Approved as to Form: SOCCCD Counsel Jackson, DeMarco, TIdUS & Peckenpaugh By: Andrew P. Bernstein, Esq. 576444062TJD403 \1193093.11 5/13/14 STATE OF CALIFORNIA COUNTY OF On 2014, before me, (here insert name and title ol'the officer) personally appeared Jeffrey C. Parker who proved to me on the basis of'satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAT.) Signature: STATE OF CALIFORNIA COUNTY OF On , 2014, before me, (here insen name and title orthe officer) personally appeared Cary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person. or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL.) Signature: 5761.14062 tRJ D-103 t 1 193093.1 1 5;13/14 Exhibit A Legal Description of The Valencia Parcel (Area 10) ( #1147474) 5764- 44062\RJD403 \1193093.11 5/13/14 April 19, 2013 ® BKF No. 1-0122006-13 on Page I of 2 F N5,4EERS, SURVEYORS. PLAN.Siis LEGAL DESCRIPTION OF AREA NO. 10 Tustin, CA Portion of APN: 430-282-11 and All of'APN: 430- 282 -10 heal property situated in the C ily of Tustin, County of Orange, State of California, described as follows: Being n portion of PAItCFI, IV -.1 -4 and a!I of PARCEL 1V -J -5 as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE E" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly comer of said PARCEL IV -J-5; Thence along the easterly line of said PARCEL IV -J -5, South 07 °11'09" West, 236.11 feet to the southwesterly line of said PARCEL IV -J -5; Thence along said southwesterly line o[ PARCEL IV -J -5 and PARCEL IV -J -4 the following five (5) courses: I. North 73°31'26" West, 47.66 feet; 2. South 64001'33" West, 24.04 feet to the beginning of a tangent curve havint, a radius of 1033.63 feet; 3. Northwesterly along said curve, through a central angle of 05 °27'40 ", for an are length of 99.00 feet to the beginning of a compound curve, having a radius of 1353.04 feet; 4. Along said curve northwesterly, through a central angle of 16 °07'53" for an are length of 380.94 feet; 5. North 49 °19'54" West, 183.81 feet; Thence leaving said southwesterly line, North 40 °40'06" Fast, 325.27 feet to the northeasterly line of said PARCEL IV -1 -4; Thence alone said northeasterly fine of said PARCEL 1V -J -4 and continuing along the northeasterly line of said PARCEL Pi-5, South 49 °10'56" Last, 576.11 feet to the POINT' OP BEGINNING. Page 1 of 2 Containing an area of 197,272 square feet or 4.529 acres more or less. Being a portion of Assessor's Parcel Number 430 -232 -11 and all of Assessor parcel number 430 - 252 -10 As shown on "Schedule 1" attached hereto and wade a part hereof. For: 13KF Engineers By: W.3 TKu1F.P; Davis Thresh, P.L.S. No. 6563 d License expires: 09 -30- 2014, W", k'a Date: K.'.Su, 12U 22xx. U A -1 VP Iund S� pPhtSMVG,%I A! MLEGA I.SI LAND E-XCI I ANGE I O.doc Page 2 of 2 PROPOSED AREA 7 N 40'40'06" Eli LAND EXCHANGE 9 AREA NO. 10 Q ` T ^ 197,272 sq. ft.± Z 4.529 acres± PARCEL IV -J -4 Q DOC, NO. 20020404590 a SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN:430- 282 -11 W a - - m v N R= 1353,04' LEGEND a16'07'S3" L= 380.94' P.C.B. POINT OF BEGINNING SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430- 282 -10 CITY OF TUSTIN APN:430- 282 -26 PARCEL IV -J -5 DOC. NO. 20020404590 P.D. R= 1038.66' N 19'04'33" E(R) G= 5'27'40' /� L= 99.00' / S 64'04'33" V! / 24.04' 09 S 01 ti�61 N 73'31'26" 47.60" "� K: \SUR12 \122006- I3Pi.ATS \LAND SWAP 10.DWG 600 SOUTH MAIN STREET SUITE 920 ORANGE, CA 92868 714 -415 -0500 714- 415 -0599 (FAX) PLAT TO ACCWIPANY LEGAL DESCRIPTION Sub'ect SCHEDULE 1 LANb EXCHANGE AREA 10 Job No. 20102006 -13 By RL Date 4/19/13 Chkd.WS SHEET 1 OF 1 Exhibit B Legal Description of The Strip Parcel (Area 16) ( #1199289) 5764- 44062TUD40311193093.11 5/13/14 2 3 4 5 6 7 8 9 10 —11 12 13 14 15 16 n 18 19 2u 21 22 23 24 PS OMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of California, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map fled in Book 165, Pages 31 through 39 inclusive of Records of Survey, both of the records of said County, described as follows: Parcel 1 -E -4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 40 °37'39" East between Valencia Avenue and Warner Avenue; thence South 49 °20'07" East 103.05 feet; thence South 40 °39'53" West 52.00 feet to the True Point of Beginning; thence South 49 020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said cu. ve 45.04 feet through a central angle of 1'54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bears North 42'34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16 °18'19 "; thence South 31 00657" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central angle of 12'42'56'; thence South 43 °49'53" East 61.09 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14 °09'14 "; thence South 57'59'07" East 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14'09'17 "; thence South 43'49'50" East 9.46 feet to the beginning of a curve 1 ':l5urveys\2r:s010200trepofugcgiI ^ucei_I -E-4Am 4/2"2 2:06 P.N Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1PS OMAS Legal Description Exhibit "All Parcel I -E -4 (Portion of Reuse Plan Disposition Site I) concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2 032'29 "; thence South 02 051'08" East 23.41 feet; thence South 47 019'39" East 11.70 feet; thence South 40 029'44" West 47.00 feet; thence North 49 °19'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40 °37'39" East 59.07 feet to .a point lying South 8538'32" West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85 °38'32" East 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. prepared under my supe:;ision Walter A, Sheek Y.L.S. 4838 Revised April 17, 2002 F' %Surveys\2ms0 i 02U0 \nporWJeaal. Pamel_LE d.dm 4!26102 2:U6 PM Date Page 2 of 2 A LS 4338 * EXPIRES: 9/30 /01 APPS, EU BY D� - u r 5A41A FT MAE) EXHIBIT B IJ r D.r {. 11 030/12 RS U7- J-1J R,S,3, -16-3/3-J -3D -- VALENCIA AVE. 540'39'S3w h'42.34'44'E r) _ 52.00' PCC (FA'J) / P.O.B. 4 LOT 1 Ci 4 \, 3'20'01-E_ //� RA Iac LP.0.0- a -�� ,CI 2 L2 C3 Q } Ca La _5 LS C6�__ U L O � 53 i� L10 (' /// L7 PARCEL I -E -4 I� -77' 59.07' 47.00• I N6U' }]79 "E 0.57 Ac. \ N49 19'54-W 351.89' — i Ljj � I a I $i D ml3 Q ^I L� co.�!� ryl —M J 81 Ig �� LI J r� I !1 n ITI 5ta19 LAAps �l y}CR A S.yf )Ni NOT A PART noo .k LS %Da A g i J\. Elm //R✓✓E4 Y /M /N L1�07.c G. I EJ I I SCI b /ryhgb ilFiR_ — J]'—I OATE c -U L9 s / 149 2"21'w -- — / l !� \N477,00tw Lll n.oG' ca i j1 I)- - WARNER AVE. `4 SD 100 SCALE. V-100 -100' DiSC76Pt,Ox. Pwc4 I-E -a (pytb sl Rwu flint DWP*11 n Sl:. 1)_ 81LTf 1 OF 1 SDAIL I �iN• �- --� --� p1Ai1EU RAi I MCAS- TUSTIN lY1WNIM OAiE wPRIL 3003 L A P v1f JD9 L �P1 D�I➢) IaITQN.W NUUOiR iN5010JU] �FAF'NC TPBL�.I Not 2EPRING I DISIAN ^E II 1 5461Q'Q J'E 3.18 2 51 U,5 "53'E 31.]J L3 543"49 53'E 1.C9 LA 1 CURJE IABIE Nv.— RADIU9 LENGiN DF Tq cT I }ae.0a 4 dSTsa s: ieje'a C2 SjT59'�jy' ' LS 16 4 Y' 0 E 50751 D8 9.46 _ 23.01' {—LT_ 4e_ L L9 54 N40' ] 39 a43 2 —173Q� 17 ]t m 1 LN 1N802J 596'JI 1 CURJE IABIE Nv.— RADIU9 LENGiN DF Tq cT I }ae.0a 4 dSTsa s: ieje'a C2 a _ae n.93'- C3_ 5600 IE. 7�f2'425F II a' 8�< 4�.OQ O. a'0917 6 � 04 61.40 C7 29 C]_ 1 1. 9 66'26' f f Exhibit C Legal Description of SOCCCD Property on Amendment Effective Date (Area H2) ( #1202859) 5764- 44062%RJU403%1193093.11 5/13/19 I: BKF ENGINI WS SURVE1aRS'PIANNERS SOCCCO Property on Effective Date w/ ROW Tustin, CA AREA H2 Portion of APN: 430- 283 -16 and 430- 283 -18 And oil of 430- 283 -10 and 430 - 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 5 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I- F. -I.I, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -J -6 and all of PARCEL IV -J -7, as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled "QUITCLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT'r0 CIVIL CODE SECTION 1471 ", filed lot record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 112: COMMENCING at the most northwesterly corner of said PARCEL I -E -2; Thence along the northwesterly line of said PARCEL I -E -2, the following five (5) courses: 1. North 40 °37'39" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 037'39" East, 180.00 feet; 4. North 49 °22'21" West, 12.00 feet; 5. North 40 037'39" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly the following ten (10) courses: I. North 40 °37'39" East, 376.02 feet; 2. North 49 °22'21" West, 5.00 feet; 3. North 40 °37'39" East, 797.89 feet; Page I of 4. South 49022'21" East, 131.81 feet to the beginning of a tangent curve concave to the northeast, having a radius of 25.00 feet; 5. Along said curve, through a central angle of 31 001'38 ", for an arc length of 13.54 feet; 6. South 80 023'59" East, 76.58 feet; 7. South 86`54'41" East, 259.66 feet the beginning of a tangent curve, concave to the northwest, having a radius of 14.50 feet, 8. Easterly and northerly along said curve, through a central angle of 86c28'53 ", for an arc length of 21.89 feet to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Northerly and northeasterly along said reverse curve to the right through a central angle of 33 053'17 ", for an arc length of 214.11 feet; 10. North 40 029'44" East, 282.84 feet to the northeasterly fine of said PARCEL I- E -1.1; Thence continuing along said northeasterly line said PARCEL I- E -1.1, South 47' 19'39" East, 44.34 feet; Thence continuing along last said northeasterly line of said PARCEL I- E -1.1, the following four (4) courses: 1. North 85'40'06" East; 24.04 feet; 2. South 49'19'54" East, 9.96 feet to the beginning of a tangent curve concave to the northeast having a radius of 3,108.58 feet; 3. Southeasterly along said curve, through a central angle of 02'18'05", for an are length of 124.86 feet to the beginning ofa reverse curve, having a radius of 3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 02018'05", for an arc length of 124,22 feet; Thence continuing along said northeasterly line and the northeasterly line ofsaid parcel IV -1 -6, the following sixteen (16) courses: I. South 49'19'54" East, 313.83 feet to the beginning oftangent curve concave to the northeast, having a radius of 1,447.04 feet; 2. Along said curve, though a central angle of 01'23'53 ", for in arc length of 35.31 feet; 3. South 04'58'49" East, 2436 feet; 4. South 54027'57" East, 56.24 feet; 5. North 83 °15'15" East, 22.96 feet to the beginning of non tangent curve concave to the northeast, having radius of 1,447.04 feet, to which point a radial line bears South 35 °44'30" West; 6. Southeasterly along said curve, through a central angle of 11 °53'59 ", for an arc length of 300.54 feet; Page 2 of 5 7. South 66 °09'29" East, 52.51 feet; 8. South 21 °09'25" East, 24.04 feet; 9. South 68' 1715" East, 6236 feet; 10. Thence North 64 009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet, to which point a radial line bean South 19`14'54" West; 11. Southeasterly along said curve, through a central angle of 04 056'38 ", for an arc length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; 12. Along said curve, through a central angle of 00 °41'45 ", for an are length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 11 °54'29 ", for an arc length of 29.51 feet; 14. South 64=29'00" East, 15.88 feet to the beginning of a tangent curve concave to the northeast, having a radius of 158.00 feet; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length of 41.02 feet; 16, South 79 °21'27" East, 218.54 feet to the southeasterly line of said PARCEL. IV -1 -6; Thence leaving said line and along said southeasterly line the following eleven (1 1) courses: I. South 31 020'58" East, 40.12 feet: to the beginning of a non tangent curve, concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 020'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an arc length of 48.38 feet to the beginning of a compound cure, having a radius of 42.00 feet; 3. Southwesterly, along said compound curve through a central angle of 160 11'24", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an arc length of 13.90 feet to the beginning of a reverse curve, having a radius of 1,3420.04 feet; 6. Southerly along said reverse curve to through a central angle of 02 °27'21" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said revere curve through a central angle of 13 044'05 ", for an arc length of 13.90 feet; 8. South 09 °52'51" West, 33.43 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; Page 3 of 5 9. Along said curve, through a central angle of IV1 1'24", for an are length of 11.87 feet to the beginning of a compound curve, having a radius of 1,354.04 feet; 10. Along said compound curve through a central angle of 23 °27'25 ", for an arc length of 554.34 feet; I I . North 15049'01" West, 382.89 feet to the southeasterly line of said PARCEL IV-J-7; Thence leaving said southeasterly line of said PARCEL IV-J-6 and along the southeasterly line of said PARCEL IV -1 -7, South 71 036'25" West, 351.77 feet; Thence continuing along said southeasterly line of said APARCEL IV-J-7 and continuing along said southeasterly line of PARCEL IV -J -6, North 77 038'59" West, 256.30 feet; Thence along the southeasterly line of said PARCEL. IV -J -6, the following four (4) courses: I. South 40 038'46" West, 486.?7feet; 2. South 49 °21'14" East, 459.00 feet to the beginning of a non tangent curve concave to the southeast, having a radius of 1,446.04 feet, to which point a radial line bears North 29 °41'43" West; 3. Southwesterly along said curve, through a central angle of 21 007'46 ", for an arc length of 533.27 feet; 4. South 39 °10'31" West, 163.56 feet to the southwesterly line of said PARCEL IV -J -6; Thence along last said southwesterly line, North 33 05T 12" West, 70.07 feet to the westerly line of said PARCEL IV -J -6; Thence leaving said southwesterly line and along said westerly lino, North 09 021'06" East, 300.94 feet to the southeasterly line of said PARCEL I- E -1.1; Thence along last said southeasterly line the following four (4) courses: I. North 50 049'29" West, 398.40 feet; 2. South 40 03915" West, 88.79 feet; 3. North 5000815" West, 157.68 feet; 4. South 39 °51'45" West, 231.82 feet; Thence leaving last said line, North 49020'45" West, 213.37 feet; Thence North 40039'15" East, 20.88 feet; Thence North 49 020'45" West, 718.34 to the TRUE POINT OF BEGINNING. Page 4 of 5 Containing a total area of 2,838,194 square feet, 65.156 acres more or less. Being a portion of Assessor's Parcel Numbers: 430- 283 -16 and 430 - 283 -18. Being all of Assessor Parcel Numbers 430 - 283 -09 and 430 - 283 -10. As shown on "Schedule I" attached hereto and made a part hereof. For: B K F Engi neers By: Davis Thresh. P.L.S. No. 6868 License expires: 09 -30 -2014 Date: KASu,121122006.13 ATEP Land Swap PldLiTMIC NIA] D F-FCH A NGE LF.GALSW2EAA I Ldoc Page 5 of 5 RED NOLL AVENUE P.O.C. Ll N 40'37'39" E N 40'37'39" E AREA H1,,,,�N 40'3739 E 343.98' 376.02' 180.00' AREA H2 AREAS 8, C, D, 3. 4, 5, 11, 12A and 128 SEE SHEET 3 OF 3 FOR LINE AND CURVE TABLES LEGEND APN ASSESSOR PARCEL NUMBER P.O.S. POINT OF BEGINNING P.0 C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING Q DOC. NO. 2004000396376 M1yd DAMS THRESH No. 6868 YJ N 40'37'39" E 797.89' 400.42' 4' L . `T.P.O.B. AREA H1 AREA B z PARCEL I —E -2 DOC. NO. 20020404595 w1 APN: 430- 283 -15 f AREA H2 \ 2.838,194 sq.fl.t a \ 65.156 acrest A r- u o AREA 12A PARCEL I —E -1J DOC. NO. 2004- 000369376 f APN: 430- 283 -15 S 39'51'45" W z 231.82' , 0 5 40'39'15" W o. m u F z m� A N f N 33'57'12" W E 6 dl ;' p°�N AREA 12B PARCEL IV —J -6 DOC. NO. 20020404590 S 39'10'31" W R= 1446.04 163.56' x.21'07'46" L= 533.27' AF tiFFCINC6 A1JENl1E Cl) AREA 6 w N r w x N w w w z J x r a AREA C Lwl 9 C{ d d NH AREA 4 6 AREA D <n � Q A a �D LU m A/ K: sux�z i:xooe.0 ♦rzr vumow .au�cc v n\ME+ H.orc PLAT TO ACCOMPANY LEGAL 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA H2 -' PLEASANTON, CA 94588 Job No. 20122006 925 -396 -7700 By Mme__ Date 05/06/14 Chkd.WS_ E��lsrl►1�1�n 925- 396 -7799 (FAX) SHEET 1 OF 3 N 40'37'39" E 797.89' m W I l S 49'22'21" E 131.81' N m Np UO W 0 a w�y o w J w0 N ll u ¢ p w az w U w 0 ? Q J x r L RIS© MGLL &VEMUIR 282.84' - AREA 16 Cl %'� PARCEL I -E -4 DOC. NO. I s `s 2004 - 000369376 �6. APN: 430 - 283 -05 2s Se. 9 e� ss. 1= 124.86' F 2,838,194 sq.ft.± R= 362.00' 282.84' - L C. &33'53'17' R= 3108.58' n AREA H2 L= 214.11' &=2'18'05° L20 1= 124.86' C9 a 2,838,194 sq.ft.± (124.63') DOC. NO. 20020404590 65.156 acres± R= 3092.58' ' 119' g= &= 2'18'05° AREA C L= 124.22' -� PARCEL I -E -1.1 m DOC, NO. 2004 - 000369376 s 8 APN: 430 - 283 -10 a <( AREA 10 PARCEL IV - J-4 DOC, N0, 20020404590 APN: 430- 282 -11 PARCEL IV -J -5 DOC. N0. 20020404590 \APN: 430 - 282 -10 L'4 c Q y (P N W. A n � '. L20 AREA D C9 a AREA 4 PARCEL IV -J -5 L17 9 DOC. NO. 20020404590 w APN: 430 - 283 -09 119' g= 5'44'30 -.. W (R) R= 1447.04' Cr- 11'53'59, C en"SR'4A'W 486.27' L= 300.54' AREA 10 PARCEL IV - J-4 DOC, N0, 20020404590 APN: 430- 282 -11 PARCEL IV -J -5 DOC. N0. 20020404590 \APN: 430 - 282 -10 y � '. L20 Q p LLI N 'ors �Uk Lzt _ NN 'N° p3'`D+ PARCEL IV -J -7 o_? DOC. NO. 20020404590 L23 m APN: 430 - 283 -10 S V1 iR 10 C12 6�5, 0% Ctt AREA 11 AREA 15 3S S L24 • PARCEL IV -J -8 >' W C13-'� DOC. N0. 20020404590 �� APN: 430 - 283 -11 0'V B,d�+ 4/ Q O Cl C16 1.26 a® R= 7354.04' - L27\ &=23'27'25" Qm�ya�Z 2 L= 554.34' C1977 C1514 WILLOW RD Subject SCHEDULE I SUIT SUITE 250 AREA H2 PLEASANTON, CA 94588 Job No. 20122006 925- 396 -7700 By MR Date 06 Chkd.S Ef t�T�u l�uro1 925- 396 -7799 (FAX) SHEET 2 OF 3 Exhibit D Legal Description of SOCCCD Property after County Exchange (Area 12) ( #1202860) 5764- 4406MM403 \1193093.11 5!13/14 May 06, 2014 BKF No. 20122006 -13 MRPage I of Irlt ENGINFEPS'SUMYMNIS - PLUMF S SOCCCD Proneriv after County Exchanee w/ROW "Dustin, CA AREA 12 Portion of APN: 430- 283 -16, 430-283 -18 and 430. 283 -09 And all of 430- 283 -10 and 430-283-11 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I- E -1.1, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -J -6 and all of PARCEL IV -J -7 and PARCEL IV -1 -8 as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled "QUITCLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471", Bled for record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 12: COMMENCING at the most northwesterly corner ofsaid PARCEL I -E -2; Thence along the northwesterly line of said PARCEL I -E -2, the following five (5) courses: t. North 40 037'39" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 °3739" East, 180.00 feet; 4. North 49 °22'21" West, 12.00 feet; 5. North 40 037'39" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly and continuing along the northwesterly liner of said PARCEL, I -E -1. 1 line the following ten (10) courses: 1. North 40 037'39" East, 376.02 feet; 1 North 49 °22'21" West, 5.00 feet; 3. North 40 037'39" East, 797.89 feet; 4. South 49°22'21" Fast, 131.81 feet to the beginning of a tangent curve concave to the northeast, having a radius of 25.00 feet; Page 1 of4 5. Along said curve, through a central angle of 31001'38 ", for an are length of 13.54 feet; 6. South 80 023'59" Fast, 76.58 feet; 7. South 86 °54'41" East, 259.66 feet the beginning of a tangent curve concave to the northwest, having a radius of 14.50 feet; 8. Along said curve, through a central angle of 86 °28'53 ", for an arc length of 21.89 feet to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Along said reverse curve to the right through a central angle of 33053'17", fur an arc length of 214.11 feet; 10. North 40 °2944" East, 282.84 feet to the northeasterly corner of PARCEL Thence continuing along the northeasterly line of said PARCEL LE -1.1 , South 47 019'39" East, 44.34 feet; Thence continuing along last said northeasterly line of said PARCEL I -E -L l the following four (4) courses: I. North 85 040'06" East, 24.04 feet; 2. South 49019'54" East, 9.96 feet to the beginning of a tangent curve concave to the northeast having a radius of 3,108.59 feet; 3. Southeasterly along said curve, through a central angle of 02 018'05 ", for an arc length of 124.86 feet to the beginning of a reverse curve, having a radius of 3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 020 18'05 ", for an arc length of 12422 feet; Thence continuing along said northeasterly line and the northeasterly line of said parcel IV-J-6, the following sixteen (16) courses: I . South 49 °19'54" East, 313.83 feet to the beginning of tangent curve concave to the northeast, having a radius of 1,447.04 feel; 2. Along said curve, through a central angle of 01 °23'53 ", for an arc length of 35.31 feet; 3. South 04 058'49" East,24.36 feet; 4. South 54 027'57" East, 56.24 feet; 5. North 83015'15" Fast, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having radius of 1,447.04 feet to which point a radial line bears South 35 044'30" West; 6. Along said curve, through a central angle of 11053'59 ", for an arc length of 300.54 feet; 7. South 66 00929" East, 52.51 feet; Page 2 of 4 8. South 21 °09'25" East, 24.04 feet; 9. South 68 °17'15" East, 6236 feet; 10. Thence North 64 009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet; 11. Southeasterly along said curve, through a central angle of 04 °56'38 ", for an arc length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; 12. Along said curve, through a central angle of 00 °41'45 ", for an arc length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 11 054'29 ", for an arc length of 29.51 feet; 14. South 64 °29'00" East, 15.88 feet to the beginning of a tangent curve concave to the northeast, having a radius of 158.00 feet; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length 01`41.02 feet; 16. South 79 °21'27" East, 218.54 feet to the southeasterly line of said PARCEL IV -J -6; Thence leaving said line and along said southeasterly line the following twelve (12) courses: I. South 31 °20'58" East, 40.12 feet; to the beginning of a non tangent curve, concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 °20'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an arc length of 48.38 feet to [tie beginning of a compound curve, having a radius of 42.00 feet; 3. Southwesterly along said compound curve through a central angle of 16 °11'24 ", for an arc length of 11.87 feet; 4. South 34 °53'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an arc length of 13.90 feet to the beginning of a reverse, having a radius of 1,342.04 feet; 6. Southerly along said reverse curve to through a central angle of 02 °27'21" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 044'05 ", for an are length of 13.90 feet; 8. South 09 °52'51" West, 33.42 feet to the beginning of a tangent concave to the northwest, having a radius of 42.00 feet; 9. Southwesterly along said curve, through a central angle of 16 °I 124 ", for an arc length of 11.87 feet; to the beginning of a compound curve, having a radius of 1,354.04 feet; Page 3 of 4 10. Southwesterly, along a compound curve through a central angle of41 °31'35 ", for an are length of 981.37 feet; 11. South 67 035'50" West 139.46 feet to the beginning of a tangent curve concave to the southeast, having a radius of 1,446.04 feet; 12. Thence along said curve, through a central angle of 14013'35 ", for an arc length of 359.05 feet; Thence leaving said southeasterly line, North 09019'25" Gast, 37.52 feet to the beginning of a non tangent curve, having a radius of 1,354.00 feet, to which point a radial line bears North 55016'36" East; Thence along said curve, through a central angle of 14 037'50 ", for an arc length of 345.75 feet; Thence North 49 °21'14" West, 47.55 feet; Thence North 50 °48'31" West, 611.91 feet; Thence South 40'39'15" West, 615.85 feet; Thence North 49 °20'45" West, 718.34 feet to the POINT OF BEGINNING. Containing an area of 2,838,645 square feet, or 65.166 acres more or less. Being a portion of Assessor Parcel Numbers: 430-283-16, 430- 283 -18 and 430- 283.09 And all of Assessor Parcel Numbers 430 - 283 -10 and 430.10.11 As shown on "Schedule I" attached hereto and made a part hereof. For: BKF Engineers By: Davis Thresh, P.L.S. No. 6868 License expires: 09 -30 -2014 Date: K1Ser12V22006 13 At EP Land Seap P1a&DWGWAIN \L,UND EXCHANGE LCGALS\AR[A I doe Page 4 o f el RED NOLL l;1VEHUM P.O.C. Ll N 40'37'39" E N 40'37'39" E N 40'37'39" E N 40'37'39" E 797.89' (T) AREA It 343.98' 376.02' 200.42' 146.58 450.89' 180.00' L2 L3 L4 T.P.0.8. AREA Il AREA B Q AREA 6 AREA 12 = AREAS B. C, D, 3. 4, Z PARCEL I -'c -2 LLI 71 AND 15 DOC. NO. 20020404595 SEE SHEET 3 OF } N o APN: 430- 283 -18 � FOR LINE AND CURVE TABLES o w LEGEND AREA 12 APN ASSESSOR PARCEL NUMBER F 2,838,644 sq.ft.± w w P.O.B. POINT OF BEGINNING 65.166 acres± P.O.C. POINT OF COMMENCEMENT J Z T. P.O.B. TRUE POINT OF BEGINNING ro 7 10 DOC. N0. 2004000369376 a x a AREA C a 5 40'39'15" W 615.85' a AREA 12A Q PARCEL I -E -1.1 Z d DOC. NO. 2004 - 000369376 D, -0 APN: 430 - 283 -16 R ma L; AREA 4 f UA AREA D TOTAL AREA I , 3,060.594 sq.fl.± 70.262 acres± L28 L0 R= 1354.00' Q x14'37'50 W L= 345.75' AREA 12B PARCEL IV -J -6 LAND S, DOC. NO. 20020404590 L27 0 v P DAMS THRESH N 55'16'36" E R No. 6866 R= 1446.04' , x14"13'35" L =359.05' K. SM112V22W 13 A2 vurz \ovc \etaµ¢ ours \Arta i.ow 4670 WILLOW RD Subject SCHEDULE 1 1 SUITE 250 AREA 12 PLEASANTON, CA 94588 Job No. 20122006 t ^;1 925 -396 -7700 By M Date 05/06/14 Chkd.YiS ��1toflu� 925- 396 -7799 (FAX) SHEET 1 OF 3 N 40'37'39" E 797.89' 146.58' 4! D] M UU W Ny a 9 Q d LU W S 49'22'21" E 131.81' m in N Y 00 1 0 Q w W 1 0 -O U N QO aZ 0 0 AREA 4 F w x N N Z V RED MOLL AVEHUZ -_ AREA 16 PARCEL I -E -1.1 N N� DOC. NO. 2004 - 000369376 PARCEL I -E -4 APN: 430- 283 -10 Cl G tp Q DOC, N0. 1 m V� G A �s 2004 - 000369376 s APN: 430- 283 -05 AREA D �6. 2S sv. L16 9 G Pl. \ F ' N 40 "29'44" E y�L R= 362.00' 282.84' C2 6= 33'53'17" R= 3108.59' AREA 12 L= 214.11' a= 2.18'0X" 2,838,645 sq.fl.± L= 124.86' (124.83) t0 65.166 acres± R= 3092.58' LNJ G= 2'18'05" AREA 11 AREA 15 .I( PARCEL IV -J -8 DOC. NO. 20020404590 S 6� APN: 430 - 283 -11 R =1446.04 A= 1413'35 6� , 19 0®. a k L= 59 �J .05' ® PARCEL IV -J -6 DOC, NO. 20020404590 APN: 430 - 283 -09 L18 S 35'44'30" W (R) R= 1447.04' A- 11'53'59' L= 300.54' AREA C :i L= 124.22' 9G PARCEL I -E -1.1 N N� DOC. NO. 2004 - 000369376 1, 8 APN: 430- 283 -10 G tp Q m V� G A m d AREA D C9 e L16 9 AREA 11 AREA 15 .I( PARCEL IV -J -8 DOC. NO. 20020404590 S 6� APN: 430 - 283 -11 R =1446.04 A= 1413'35 6� , 19 0®. a k L= 59 �J .05' ® PARCEL IV -J -6 DOC, NO. 20020404590 APN: 430 - 283 -09 L18 S 35'44'30" W (R) R= 1447.04' A- 11'53'59' L= 300.54' L A-191 W N[F ; 6i . AREA 10 PARCEL IV -J -4 DOC, NO. 20020404590 APN: 430- 282 -11 PARCEL IV -J -5 DOC. NO. 20020404590 APN: 430- 282 -10 PARCEL IV -J -7 i DOC. N0. 20020404590 L22 APN: 430 - 283 -10 C� lR o \g• \A% C11 �CL23 s/ C13� �lp � ?I �. "t C16 L25v O R= 1354.04' L261 A= 41'31'35" y L= 961.37' \ ` ij \C14 4670 WILLOW RD SUITE 250 PLEASANTON, CA 94588 925 - 396 -7700 925- 396 -7799 (FAX) Subject SCHEDULE 1 AREA 12 Job No. 20122006 By MR Date 05/06/14 Chkd.WS SHEET 2 OE 3 B k F ram I oem'w Uuu� L A-191 W N[F ; 6i . AREA 10 PARCEL IV -J -4 DOC, NO. 20020404590 APN: 430- 282 -11 PARCEL IV -J -5 DOC. NO. 20020404590 APN: 430- 282 -10 PARCEL IV -J -7 i DOC. N0. 20020404590 L22 APN: 430 - 283 -10 C� lR o \g• \A% C11 �CL23 s/ C13� �lp � ?I �. "t C16 L25v O R= 1354.04' L261 A= 41'31'35" y L= 961.37' \ ` ij \C14 4670 WILLOW RD SUITE 250 PLEASANTON, CA 94588 925 - 396 -7700 925- 396 -7799 (FAX) Subject SCHEDULE 1 AREA 12 Job No. 20122006 By MR Date 05/06/14 Chkd.WS SHEET 2 OE 3 Exhibit E Revised LUAP ( #1202880) 576444062 \R1U403 \1193093.11 5/13/14 us w zg u` ,� !4 f~� mot► �1� � -a, au W R gel jl z f < i Lis <w� 0 V� sum V <y Lu A wrwa�.,r++r war..wr r W . rsr.R� ' „rr.,.a z ff•F ffff• mood �!• i ti o D5 *7ti3a �� ��5.�.. No a ava O r,r mQ0 W LU f IS I j an"3m L3NMVM FWAW R Y W Qu kp�s 13 S u n o ] • oy3qE Goo N C] U a w C1 a �pn g$qp� Wy qoo o �` 3 W �p 7 OLL 7 OLL�7 r v N ti N J J P m iip U z A a�� c to § °z us w zg u` ,� !4 f~� mot► �1� � -a, au W R gel jl z f < i Lis <w� 0 V� sum V <y Lu A wrwa�.,r++r war..wr r W . rsr.R� ' „rr.,.a z ff•F ffff• mood �!• i ti o D5 *7ti3a �� ��5.�.. No a ava O r,r mQ0 W LU f IS I j an"3m L3NMVM FWAW R EXHIBIT E General Escrow Provisions EXHIBIT E 5 76444062\A P B 360\AGRMll 1 191275.8 5/13/14 Escrow General Provisions - REVISED JUNE 20, 2011 Receipt of these provisions deems acceptance of the terms. Please read for general information about the escrow process. 1. SPECIAL DISCLOSURES: A. DEPOSIT OF FUNDS & DISBURSEMENTS Unless directed in writing to establish a separate, interest- bearing account together with all necessary taxpayer reporting information, all funds shall be deposited in general escrow accounts in a federally insured financial Institution including those affiliated with Escrow Holder ("depositories'). All disbursements shall be made by Escrow Holder's check or by wire transfer unless otherwise instructed in writing. The Good Funds Law (California Insurance Code 12413.1) mandates that Escrow Holder may not disburse funds until the funds are, in fact, available in Escrow Holder's account. Wire transfers are immediately disbursable upon confirmation of receipt. Funds deposited by a cashier's or certified check are generally available on the next banking day following deposit. Funds deposited by a personal check and other types of instruments may not be available until confirmation from Escrow Holder's bank which can vary from 2 to 10 days. B. DISCLOSURE OF POSSIBLE BENEFITS TO ESCROW HOLDER As a result of Escrow Holder maintaining its general escrow accounts with the depositories, Escrow Holder may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits'J. All collateral benefits shall accrue to the sole benefit of Escrow Holder and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. C. MISCELLANEOUS FEES Escrow Holder may incur certain additional costs on behalf of the parties for services performed, or fees charged, by third parties. The fees charged by Escrow Holder for services including, but not limited to, wire transfers, overnight delivery/courier services, etc. may include a mark up over the direct cost of such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such services which shall, in no event, exceed $10 for each markup. D. METHOD TO DELIVER PAYOFF TO LENDERS /LIENHOLDERS To minimize the amount of interest due on any existing loan or lien, Escrow Holder will deliver the payoff funds to the lender /lienholder as soon as Escrow Holder is able after confirmation of recordation /close of escrow and as demanded by the lender / lienholder using (a) personal delivery, (b) wire transfer, or (c) overnight delivery service, unless otherwise directed in writing by the affected party. Certain payments such as home equity line of credit payoffs ( "HELOCS'l may require additional time to process. 2. PRORATIONS & ADJUSTMENTS The term "close of escrow" means the date on which documents are recorded. All prorations and /or adjustments shall be made to the close of escrow based on the number of actual days, unless otherwise instructed in writing. 3. CONTINGENCY PERIODS Escrow Holder shall not be responsible for monitoring contingency time periods between the parties. The parties shall execute such documents as may be requested by Escrow Holder to confirm the status of any such periods. 4. REPORTS a. Preliminary Report - Escrow Holder has neither responsibility nor liability for any title search that may be performed in connection with the issuance of a preliminary report. b. Other Reports -As an accommodation, Escrow Holder may agree to transmit orders for inspection, termite, disclosure and other reports if requested, in writing or orally, by the parties or their agents. Escrow Holder shall deliver copies of any such reports as directed. Escrow Holder is not responsible for reviewing such reports or advising the parties of the content of same. S. INFORMATION FROM AFFILIATED COMPANIES Escrow Holder may provide the parties' information to and from its affiliates in connection with the offering of products and services from these affiliates. THU COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA OEPARTM ENT OF INSURANCE. Copyright Info Page 1 of 4 6. RECORDATION OF DOCUMENTS Escrow Holder is authorized to record documents delivered through escrow which are necessary or proper for the issuance of the requested title insurance policy(ies). Buyer will provide a completed Preliminary Change of Ownership Report form ( "PCOR'�. If Buyer fails to provide the POOR, Escrow Holder shall close escrow and charge Buyer any additional fee incurred for recording the documents without the POOR. Escrow Holder is released from any liability in connection with same. 7. PERSONAL PROPERTY TAXES No examination, UCC search, insurance as to personal property and /or the payment of personal property taxes is required unless otherwise instructed in writing. 8. REAL PROPERTY TAXES - Real property taxes are prorated based on the most current available tax statement from the tax collectors office. Supplemental taxes may be assessed as a result of a change in ownership or completion of construction. Adjustments due either party based on the actual new tax bill issued after close of escrow or a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder is released of any liability in connection with such adjustments. The first installment of California real property taxes is due November 1st (delinquent December 10th) and the second installment is due February Ist (delinquent April 10th). If a tax bill is not received from the County at least 30 days prior to the due date, buyer should contact the County Tax Collector's office and request one. Escrow Holder is not responsible for same. 9. CANCELLATION OF ESCROW a. Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other party(ies). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized, at its option, to comply with the notice and terminate the escrow. If a written objection is received by Escrow Holder, Escrow Holder is authorized, at its option, to hold all funds and documents in escrow (subject to the funds held fee) and to take no other action until otherwise directed by either the parties' mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and remaining funds held in escrow shall be returned to the parties depositing same. b. Notwithstanding the foregoing, upon receipt of notice of cancellation by a seller in a transaction subject to the Home Equity Sales Contract law (CC §1695 et seq.), Escrow Holder shall have the right to unilaterally cancel the escrow and may return all documents and funds without consent by or notice to the buyer. 10. CONFLICTING INSTRUCTIONS & DISPUTES If Escrow Holder becomes aware of any conflicting demands or claims concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has the right at its option to file an action in interpleader requiring the parties to litigate their claims /rights. If such an action is filed, the parties jointly and severally agree (a) to pay Escrow Holder's cancellation charges, costs (Including the funds held fees) and reasonable attorneys' fees, and (b) that Escrow Holder is fully released and discharged from all further obligations,under the escrow. If an action is brought involving this escrow and /or Escrow Holder, the party(ies) involved in the action agree to indemnify and hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable attorneys' fees and costs) except to the extent that such liabilities, damages and costs were caused by the negligence or willful misconduct of Escrow Holder. 11. USURY Escrow Holder is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and /or liability therefore. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF GLIFORNIA DEPARTMENT OF INSURANCE Copyright Info Page 2 of 4 12. AMENDMENTS TO ESCROW INSTRUCTIONS Any amendment to the escrow instructions must be in writing, executed by all parties and accepted by Escrow Holder Escrow Holder may, at its sole option, elect to accept and act upon oral instructions from the parties. If requested by Escrow Holder the parties agree to confirm said instructions in writing as soon as practicable. The escrow instructions as amended shall constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter of the escrow. 13. FIRE, HAZARD OR LIABILITY INSURANCE POLICIES In all matters relating to fire, hazard or liability insurance, Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow Holder is not responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received specific written instructions to obtain such insurance prior to close of escrow from the parties or their respective lenders. 14. COPIES OF DOCUMENTS; AUTHORIZATION TO RELEASE Escrow Holder is authorized to rely upon copies of documents, which include facsimile, electronic, NCR, or photocopies as if they were an originally executed document. If requested by Escrow Holder, the originals of such documents shall be delivered to Escrow Holder. Escrow Holder may withhold documents and /or funds due to the parry until such originals are delivered. Documents to be recorded MUST contain original signatures. Escrow Holder may furnish copies of any and all documents to the lender(s), real estate broker(s), attorney(s) and /or accountants) involved in this transaction upon their request. Delivery of documents by escrow to a real estate broker or agent who is so designated in the purchase agreement shall be deemed delivery to the principal. 15. EXECUTION IN COUNTERPART The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 16. TAX REPORTING, WITHHOLDING & DISCLOSURE The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholding, reporting and disclosure obligations. Escrow Holder does not provide tax or legal advice and the parties agree to hold Escrow Holder harmless from any loss or damage that the parties may Incur as a result of their failure to comply with federal and /or state tax laws. WITHHOLDINGOB LIGA77ONS ARE 7HEtWCLUSNE OBLIGATIONS OF TH£ PARTIES. ESCROW HOLDER IS NOTRESPONSIBLE TO PERFORM THESE OBLIGATIONS UNLESS ESCROW HOLDER AGREES IN WRITING. A. TAXPAYER IDENTIFICATION NUMBER REPORTING Federal law requires Escrow Holder to report seller's social security number or tax identification number (both numbers are hereafter referred to as the "TINT, forwarding address, and the gross sales price to the Internal Revenue Service ( "IRS'). To comply with the USA PATRIOT Act, certain taxpayer identification information (including, but not limited to, the TIN) may be required by Escrow Holder from certain persons or entities involved (directly or indirectly) in the transaction prior to closing. Escrow cannot be closed nor any documents recorded until the information is provided and certified as to its accuracy to Escrow Holder. The parties agree to promptly obtain and provide such information as requested by Escrow Holder. B. STATE WITHHOLDING & REPORTING In accordance with Section 18662 of the Revenue and Taxation Code (R &TC), a buyer may be required to withhold an amount equal to 3 1 /3% (.0333) of the sale price, or an optional gain on sale withholding amount certifed by the seller in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust, estate, or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the sellers. 2. A corporate seller that has no permanent place of business in California immediately after the transfer of tide to the California property. TNI5 COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORrTY ISSUED BV THE STATE OF CALIFORNIA DEPARTMENT OF INSUIIANCF. copyright Info Page 3 or 4 The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if any of the following applies: 1. The sale price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000). 2. The seller executes a written certificate under the penalty of perjury certifying that the seller is a corporation with a permanent place of business in California. 3. The seller, who is an individual, trust, estate, or a corporation without a permanent place of business in California, executes a written certificate under the penalty of perjury of any of the following: a. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code (IRC)). b. The last use of the property being conveyed was by the transferor as the transferor's principal residence (within the meaning of IRC Section 121). c. The California real property being conveyed is, or will be, exchanged for property of like kind (within the meaning of IRC Section 1031), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under IRC Section 1031. d. The California real property has been compulsorily or involuntarily converted (within the meaning of IRC Section 1033) and the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under IRC Section 1033. e. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement Contact FTB: For additional information regarding California withholding or for the Alternative Withholding, contact the Franchise Tax Board at (toll free) 888 - 792 - 4900), by e-mail WSCS.GEN @ftb.ca.gov; or visit their website at www.ftb.ca.gov. C. FEDERAL WITHHOLDING & REPORTING Certain federal reporting and withholding requirements exist for real estate transactions where the seller (transferor) is a non - resident alien, a non - domestic corporation, partnership, or limited liability company; or a domestic corporation, partnership or limited liability company controlled by non - residents; or non - resident corporations, partnerships or limited liability companies. D. TAXPAYER IDENTIFICATION DISCLOSURE Federal and state laws require that certain forms include a party's TIN and that such forms or copies of the forms be provided to the other parry and to the applicable governmental authorities. Parties to a real estate transaction involving seller- provided financing are required to furnish, disclose, and include the other party's TIN in their tax returns. Escrow Holder is authorized to release a party's TINs and copies of statutory forms to the other party and to the applicable governmental authorities in the foregoing circumstances. The parties agree to hold Escrow Holder harmless against any fees, costs, or judgments incurred and /or awarded because of the release of their TIN as authorized herein. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT Of INSURANCE. Copyright info Page 4 of 4 EXHIBIT F Valencia Parcel Commitment EXHIBIT F 5764- 44062WP1336011GRMD l 191275.8 5/13/14 Form No. 1068 -2 Commitment No.: NCS- 660169-SAl ALTA Plain Language Commitment Page Number: 1 Pbi TNNN/ First American Title Company National Commercial Services 18500 Von Karman Ave, Suite 600 Irvine, CA 92612 March 28, 2014 Spring Robinson Jackson, DeMarco, Tidus & Peckenpaugh 2030 Main St FI 12 Irvine , CA 92614 Phone: (949)851-7474 Fax: (949)752-0597 Customer Reference: SOCCCD - City of Tustin Title Officer: Bob Lcera Title Assistant: Phone: (949)885 -2446 Phone: Email rloera @firstam.com Email: Order Number: NCS- 660169 -SAS Amended April 3, 2014 Candyce Albright (949)885 -2443 calbright@firstam.com Property: APN 430 - 282 -10 and 430 - 282 -11, Tustin, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS-660169 -SAl ALTA Plain Language Commitment Page Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes In the land title or the transaction may affect the Commitment and the Policy. The Commitment Is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A Page 9 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest In the Land and Owner 4 4. Description of the Land 4 Schedule B -1 - Requirements Schedule B -2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 10684 Commitment No.: NCS- 660169 -SAl ALTA Plain Language Commitment Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following The Provisions in Schedule A. The Requirements in Schedule 8 -1. The Exceptions in Schedule B -2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 10682 ALTA Plain Language Commitment SCHEDULE A Commitment Date: March 17, 2014 at 7:30 A.M. Policy or Policies to be issued: (A) ALTA Owner's Policy ALTA Extended Owner Policy Proposed Insured: To be determined (B) ALTA Loan Policy ALTA Extended Loan Policy Proposed Insured: To be determined Commitment No.: NCS- 660169 -W Page Number:4 (A) The estate or interest In the land described in this Commitment Is: Amount $TBD $TBD A sub - leasehold estate as created by that certain unrecorded sublease dated April 29, 2004, executed by the City of Tustin, a municipal corporation organized under the laws of the State of California as sub - lessor and South Orange County Community College District as sublessee, as disclosed by a Short Form Notice of Sub -lease recorded April 30, 2004 as Instrument No. 2004000373082 of Official Records. Said sub -lease has been amended by that certain Amendment No. 1 to Short Form Notice of Sub- lease recorded August 9, 2013 as Instrument No. 2013000475494 of Official Records. (B) Title to said estate or interest at the date hereof is vested in: South Orange County Comunity College District 4. The land referred to In this Commitment Is situated in the City of Tustin, County of Orange, State of California, and Is described as follows: THOSE PORTIONS OF LOTS 77 AND 78 IN BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, AND AS SHOWN ON A MAP FILED IN BOOK 165, PAGES 31 THROUGH 39 OF RECORDS OF SURVEYS, BOTH OF THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL IV -3-4 AND ALL OF PARCEL IV-3 -5 AS SAID PARCELS ARE DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE" RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404590 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL IV -3 -5; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL IV -3 -5, SOUTH 07 °11'09" WEST, 236.11 Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 660169 -SA1 Page Number:5 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL IV-3-5; THENCE ALONG SAID SOUTHWESTERLY LINE OF PARCEL IV -J -S AND PARCEL IV -3 -4 THE FOLLOWING FIVE (5) COURSES: 1. NORTH 73 031'26" WEST, 47.60 FEET; 2. SOUTH 64 004'33" WEST, 24.04 FEET TO THE BEGINNING OF A NON- TANGENT CURVE HAVING A RADIUS OF 1,038.68 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 19 004.33. WEST; 3. NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05 °27'40 ", FOR AN ARC LENGTH OF 99.00 FEET TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 1,353.04 FEET; 4. ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 16 °07.53. FOR AN ARC LENGTH OF 380.94 FEET; S. NORTH 49 019'54" WEST, 183.81 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 40 040'06" EAST, 325.27 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL IV -J -4; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL IV-3 -4 AND CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID PARCEL IV-J-5, SOUTH 49 010'56" EAST, 576.11 FEET TO THE POINT OF BEGINNING. APN: 430- 282 -10 AND A PORTION OF 430 - 282 -11 form No. 1068 -2 ALTA Plain Language Commitment SCHEDULE B SECTION ONE REQUIREMENTS Commitment No.: NCS- 660169 -SAL Page Number: 6 The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and /or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the Interest in the land and /or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an Interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Rem(s): None (F) Other: None (G) You must give us the following Information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: None The following additional requirements, as Indicated by 'W', must be met: [Xj (H) Provide information regarding any off - record matters, which may include, but are not limited to: leases, recent works of Improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close In order to satisfy this requirement. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. [X] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA /ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. [] (1) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction Form No. 1068 -2 ALTA Plain Language commitment commitment r1c.: NCS- 660169-SAI Page Number:7 (K) The following partnership documentation is required : (i) a copy of the partnership agreement, Including all applicable amendments thereto (ii) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (III) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction (M) Based upon the Company's review of that certain partnership /operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it Is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and /or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease Is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [X] (P) Potential additional requirements, if ALTA Extended coverage Is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [X] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon Information furnished by the appropriate parties Involved. [X] (R) The Company's "Indemnity Agreement V must be executed by the appropriate parties. [X] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [X] (T) A copy of the construction contract must be submitted to the Company for review. [X] (U) An Inspection of the land must be performed by the Company for verification of the phase of construction. Form No. 1068 -2 ALTA Plain Language Commitment SCHEDULE 8 SECTION TWO EXCEPTIONS Commitment No.: NCS- 660169 -SA1 Page Number: 8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2014 -2015, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2013 -2014 are exempt. If the exempt status Is terminated an additional tax may be levied. A.P. No.: 430- 282 -10 and 430 -282- 11. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Water rights, claims or title to water, whether or not shown by the public records. 5. The effect of a map purporting to show the land and other property, filed October 30, 1942 in Book 12, Page 43 of Record of Surveys. 6. The effect of a map purporting to show the land and other property, filed September 16, 1997 in Book 165, Pages 31 through 39 of Record of Surveys. 7. The terms and provisions contained In the document entitled "Short Form Notice of Agreement" recorded May 14, 2002 as Instrument No. 20020404589 of Official Records. B. Terms and provisions of an unrecorded lease dated May 13, 2002, by and between United States of America, acting by and through the Department of the Navy as lessor and City of Tustin, California as lessee, as disclosed by a Short Form Notice of Lease in Furtherance of Conveyance recorded May 14, 2002 as Instrument No. 20020404590 of Official Records. Document(s) declaring modifications thereof recorded May 19, 2003 as Instrument No. 2003000570797 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. 9. The effect of a map purporting to show the land and other property, filed May 22, 2003 In Book 194, Pages 19 through 27 of Record of Surveys. A document entitled "Record of Survey Certificate of Correction" recorded February 1, 2012 as Instrument No. 2012000060007 of Offidal Records. 10. The fact that the land lies within the boundaries of the MCAS Tustin Redevelopment Project Area, as disclosed by the document recorded June 18, 2003 as Instrument No. 2003 - 710836 of Official Form No. 1068 -2 ALTA Plain Language Commitment Records. Commitment No.: NCS- 660169 -SA1 Page Number: 9 Document(s) declaring modifications thereof recorded March 28, 2007 as Instrument No. 2007000197041 of Official Records. 11. The terms and provisions contained in the document entitled "Agreement Regarding Flooding Indemnity and 0 & M Plan to Fund and Maintain Water quality BMPS" recorded June 22, 2006 as Instrument No. 2006000417853 of Official Records. 12. The terms and provislons contained In the document entitled "Landscape Maintenance Agreement" recorded January 29, 2009 as Instrument No. 2009000039965 of Official Records. By and between the City of Tustin, a municipal corporation and South Orange County Community College District. 13. The terms and provisions contained in the document entitled "Development Agreement and Amended and Restated Agreement" recorded May 23, 2013 as Instrument No. 2013000312295 of Official Records. The terms and provisions contained in the document entitled "Memorandum of Effective Date of Development Agreement" recorded August 9, 2013 as Instrument No. 2013000475496 of Official Records. 14. This item has been intentionally deleted. 15. This Item has been intentionally deleted. 16. Any failure to comply with the terms, provisions and conditions of the lease referred to in Schedule A. 17. Any facts, rights, Interests or claims which would be disclosed by a correct ALTA /ACSM survey. 18. Rights of parties in possession. Form No. 1068 -2 Commitment No.: NCS- 660169-SAI ALTA Plain Language Commitment Page Number: 10 INFORMATIONAL NOTES 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement Information, executed Indemnity agreement and current financial information from proposed Indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and Information. 4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that Identified land by street address or assessor's parcel number only. It is the responsibillty.of the applicant to determine whether the land referred to herein Is in fact the land that is to be described in the policy or policies to be issued. The map attached, If any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. * * * * *To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. * * * ** Form No. 1068 -2 ALTA Plain Language Commitment CONDITIONS Commitment No.: NCS- 660169 -SAI Page Number: 11 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b)'Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land Is located. 2. LATER DEFECTS The Exceptions In Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time In the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to Issue to you the Policy referred to in this Commitment, when you have met Its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown In Schedule A of this Commitment and our liability Is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and Is subject to Its terms. Form No. 1068 -2 Commitment Ni NCS-660169 -SAI ALTA Plain language Commitment Page Number: 12 First American Title priweq Information We Are Committal W Saleyuard'my Customer Information In order to Getter save Yom real now, am h me future, we ray, ask you to potide us Wes obtain Information we umerslan l that you may be conosmau about what we val do Was suds INUmi2i partkvlarly any personal or frontal Imsormati.n. We agree that you have a flight to know hoe we will udke the personal Information you prowae to us. Thermorc, hammer with our subsidaries we have soupted this PmNacy Policy to minas me use and hrosm, of your persmai Wormhbn. Applicability This proary pOtlry gomm s our use of me Information that you p.wide to us. It aces not gwun the manna In whkh we may use Information we have odalrlal Iron an Other source, such as infamatbn r bothel Irom a I heard or from router person or mod, Flint Areri: n has also Woomb brdda g.1,11 es must gown. our use of Fend hfb,meion ro,hole s d Its murm. First Anakan any these guMielrres Its Fair Information Valoes. Types of information Dasonfoc, upon which of our services you are mladog, the types of nompolut personal Information that we may WI hdW e: • Information urn rental from you ono dwktatloha forms and In other crnmunkafms W m, whether h wriWg, In persm, by telephone or arty oamr means, • Infonatbn about your bania"uW s woh all our ariki mmpeNes, a others; and Information we receive from a consumer reportlrp agency. Use of mfem,aumr We request Information from you for our own le Ir evh business pumbser am rnt far the UenefM1 of airy ho ayKeea parry. Terefae, we wet not release your hfanallm to hP'andatsd partes ebi,op: (1) .1 matte, for K N pYAde me pal'1t or Servke you hive reTUPS.ea 01 us; or (1) as (vntlRM try tow, We tray, nowene , AIXe rush MINTM1k1 "fir.oly, LKIWmg d'.e Gehl Dour wind, any customer reallreorp has nurses. Such Wcarrut'm may be mud for any hlarol prpose, such as quality sonbd efforts er Nstomer as @sh. We may aim pmaaa all of me types d .,I pesaral hfrmNlm Ideal above to one a rnae d our ofrdatea cb,rganes. Such dlmatm snap hies uwde fandal servke p.W,,, sour as ink Isomers, property and fasualy Insurers, and most and Imesti advls.ry carparres, or cempaNes Invdver or meal more serimes, win AS appalse Moravia, hOtm warranty consumes ere escrow cmparies. flRlurrrne, we may also poem ape the INormakrs've cotes, as describes above, to eornahes mat prhxm Iralkea, senlms on our Wall, on behaff of our, aT.UW cpraanlas p W offer fnarWe Imbtalms who whom web, Od afP.i6ted mrtgar:ies hose jamt ma omm agreements. Form., Cusamem Even It you are no hanger err Costmrr, ra Fdrery poky will centlue to apply to you. Connaenlianty and Secrosty We wk user oor ben aroma to enure chat no onamhdusel parties save... to any of your ordinalbn. We mtrkt urea' to morrow pascal Immoral. about you to tlwse hrr6aduals and Onai who meal W kaaw that hfmratkn to pro sse posuOs or serdces b mom We will user err best emoms to Val and overme err endnea and agents to .,I . that your m OrmaUOn viler be lardlud resporamly and In acmdare wish this PrNacy Palcy and First Amerlmos Fair information Values. We curnerIN maintain pysl* desbmk, anal paodaal safeguards that comply with fNaal me pl flms to guars your foothold, personal InformAbri Information obteired Through Our Weti site Flan Anerkan FRandR Cppratbn Is suromm to privacy issues on the mmoms. We heave It Is InuWnant you know now we that the hfamatbn abort you we realm on me Internet. In lateral, you can Wad Nst AMOma. or Its amts es Web Sites on the Work! Wake Wes wimwt soling ut who; you are a hera0g any Information about yourmt. Our Web loves celem me humaln names, rot the .map atoresses, of wOnors This locomotion Is aggrer2atar to measure me number of vhbi average Ume spanrt on the me, PIAS hewer i sd unrour information. First Mohan uses this InroCnatim W measure the use of Our see Bass to aavekp Ideas to I rprom me, cement dour site. Inert are timcs, how.., wen we ray need Inforromrs Imo you, such as your era am shall aWheal Whet Wormatbn Is realer, we wrl use our pert efrorh W let y.0 know at the lime of CpllKmen IoW we Wla use the personal Information. Usually, me personal Informations we mloct IS uWt only by us to MSperd to j[W ImIdn' produ an ado or allow you W amen specloc .,hump In,amda , If you those to share any personal INamaUm with us, we why orhy use a In atsadante with the pmkks gutpnea abou. muslneu RelatieeshlW nest unerkan Flranad mspo albn's site and as amliates'saes may sonWin links to omm Web ales. While we by W link only to sites that share our high stzrltlxrds artl respect for privacy, we am rout nsponslde la the conhsd Or the privacy prastkes empbyel by other sees Cookies Sorra d first Anerkpys Web saes may make use of `moue" Ichrxbmy m measure site amh4y am to cvmmahl. kfomadon to your pasone lashes. A cmkk Is or 1.it of oate mat a Web site an send to you browser, wi may men slue me We on your hard Ors.. fjubko , uses sloral moues. The goal of Ws lalrWIM Is to bolter serve y.0 when visaing our vie, save you mrse when you are here and W povde you wish a more m srogNl ens p rM:mm Web We esp Menke. fail information Values falmeaz We boulder Cmsu ref PApKSamGls about Oak pmroOr N all Our Witnesses. We ohly offer ar duets alai SbwkK that aviv e a ew rode hai belrCm consumer boundts am o1m4 phatY. Fall. RemN We bdeve mat an upon pbik mi creates sonrl m afire fa sodey, rh.Ann oaewrcr Cooke and o saves noWn. opportunity. We aW,* support an Open bottle road eat emphasise es "ports. rd contribution to our aminnY. Use We b ewe sheuu theme mommul'd, wet ws use Wo'mamoa alma a smsvre In> dNtess. We WII on the tows mmm, the cdlamcn, use and dusefrdtar on of dea. Aauracy We wn tare rmsmWte room, to Iwlp —. W acerrary d Ow dta — !der. ore aM mounorWa ounce p row , we w I tare reaswtle .1 Ion ¢nst N ire a Mlpnuhon. When, as Wah ore Wdk record, we cannot coact W gate laformatlon, we WU also all rehonabie steps to asst mmtmas In Idepmyhp the mace of me a rmeots data m most mrc rwwner sah nor rewirm mrctims. Education We endeavor by eivare the unrs of err pndKls arc) serf err empuyees am Men In our look shay about me Impommue, or consumer poet/. We will Oki our enplryas on err fair hramatdn vokxs� and on me res Wruble mllecuori am use of ri We wli Mourns, Others h au maumn, to earn and use iNOmadm l a hmOumade manner. Security We MI maaaah heav to Worries and systars to poet losses unaumorlred auuss to aid gartgUon of me dig we mikado. Form 50- PRIVACY (911110) Page I of 1 Privacy Information (2001 -2010 FlSst Amerkan Financial Corporation) Form No. 1068.2 Commitment No.: NCS- 660169-SAl ALTA Plain Language Commitment Page Number: 13 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE 8 EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possesslon thereof. 3. Easements, Mans or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining Claims; (b) fesemadons Or exceptions In patents or In Acts authorizing the Issuance thereof, (c) water rights, claims or due to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arse by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land N or was a part; or (N) environmental protection, or the effect or any violation of these laws, wdinances or governmental regulations, except to the extent that a notice of the enforcement thereof Or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date of Policy, but not excluding from coverage any taking which has Occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether Or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) net known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) rewiring In no loss or damage to the Insured claimant; (d) attaching w created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceabllity of the lien of the Insured mortgage because of the Inability or [allure of the Insured at Date of Policy, a the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state In which the land Is situated. 5. Invalidity or unenforceablllty of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6. Any claim, whkh arises out of the transaction vesting In the Insured the estate or Interest Insured by their policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (Inducing but trot limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment W the land, a regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights OF eminent domain or governmental rights of Police power unless notice of the exercise of such rights appears In the public records at Date of Policy. Defects, Ilens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured dalmant; (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate w Interest Insured by this policy and not disclosed In writing by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM R - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exduslons set forth In paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULE 8 Form No. 1068-2 Commitment No.: NCS- 660169 -SA1 ALTA Plain Language Commitment Page Number. 14 This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any Other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any hen, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regula0ion (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohlialting a separation In ownership or a reduction In the dimensions or area or the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of Police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at me date such claimant acquired an estate or interest insured by this policy or acquired the Insured mortgage and not disclosed In writing by the Insured dalmant to the Company prior to the date such Insured claimant became an Insured hereunder, (c) resulting h no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance Is afforded herein as to any statutory lien for laborer material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4. UnenforceablOty of the lien of the Insured mortgage because of failure of the Insured at Date or Policy a of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state In which the land Is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land TGe Association Lenders Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth In paragraph 4 above are used and the following exceptions to coverage appear In the policy, SCHEDULEB This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, a Claims which are not shown by the public records but which Could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, con0lcts In boundary Ones, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions In patents or In Ads authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a hen, far services, labor or material theretofore or hereafter furnished, Imposed by law and rat shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the Coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which anise by reason of: I. (a) Any law, ordinance Of governmental regulation (Including but not limited to building and zoning laws, ordinances, a regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the Character, dimensions or location of any Improvement now or hereafter erected on the lard; (111) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land Is a was a part; a (iv) environmental protection, or the effect of any vlolatien of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof a a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been retarded In the public records at Date of Policy. Forth No. 1068 -2 Commitment No.: NCS 660169 -SAI ALTA Plain Language Commitment Page Number: 15 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse clakns, or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, hot recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Dale of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent Insurance Is afforded herein as to assessments for street Improvements under construction car completed at date of policy); or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the Insured mortgage. 4. Unenforceabllity, of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Policy, or the Inablllty, or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state in which the land Is situated. 5. Invalidity or unerforceabllity, of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth In lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) adsing from an Improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and Is not financed In whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Data of Policy the Insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transacdon creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creciltors'rights laws, that Is based on: (1) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (II) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or ((ii) the transaction creating the Interest of the Insured mortgagee being deemed a preferential tansfer except where the preferential transfer results from the fai'ure: (a) to timely record the Instrument of transfer, or (b) of such recordation W Impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the fallowing exceptions to coverage appear In the policy. SCHEDULER This policy does not Insure against loss or damage (am the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing Ill by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the Issuance thereof; water rights, claims or UUe to water. 6. Any lien, a right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneyY fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation in ownership or a change In the dimensions or area of the land or any parcel of watch the land Is or was a part; or (N) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice M a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Him or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date W Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recoreed In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or Form No, 1068.2 ALTA Plain Language Commitment Commitment No.: NCS- 660169 -SA1 Page Number: 16 (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. Any claim, which arises out of the transaction vesting In the insured the estate or Interest Insured by this pollry, by reason of the operation of federal bankruptcy, state Insolvency, or slmllar creditors' rights laws, that Is based on: (I) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (II) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the prererenllal transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice io a purchaser for value or a Judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1991 WITH REGIONAL EXCEP rioNs When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULED This policy does not insure against loss a damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing (lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, a any other facts which a correct survey would dlsdose, and which are not shown by pubilc records. 5. Unpatented mining claims; reservations a exceptions In Patents or In Acts autharzing the Issuance thereof; water rights, claims Or title to water. 6. Any pen, a right to a pen, for services, labor or malerlal theretofore or hereafter furnished, Imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY (6 -1 -87) EXCLUSIONS In addition to the Exceptions In Schedule B, you are not Insured against loss, cons, attorneys' fees, and expenses resulting from: 1. Governmental poke power, and the existence er violation of any law or government regulation, This includes buliding and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and chrislon (d) environmental protection This exclusion does net apply to violations or the enforcement of these matters which appear In the pubilc records at Policy Date. This exclusion does not Ifn it the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning It, unless: (a) a notice of exercising the right appears In the public records on the Polcy Date (b) the taking happened prior to the Policy Date and Is binding on you It you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but nor to us, on the Policy Date -- unless they appeared In the public records (c) that result In no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage In Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b) In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Rlsks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1996 Covered Wake 14 (Subdivislon Low Violudun). 15 (Ilullding Penult). 16 (Zunh,,) and IS (Encroaehurent of boundary walls or lences) ate subject to Deductible Amour, and dlaxilnun Dollar Limits of Liability Forth No. 1068 -2 ALTA Plain Language Commitment EXCLUSIONS Commitment No.: NCS- 660169 -SAI Page Number: 17 In addition to the Exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Induces ordinances, laws and regulations concerning: a. building b. zoning c land use d. Improvements on the land e. land division I. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears In the Public Records at the Policy Date. This excWSlon does not limit the coverage described In Covered Risk 14, 15, 16, 17 or 24. 21 The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable bulking codas, This Exclusion does not apply to violators of building codes If notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land by condemning It, unless: a. a notice of exercising the right appears In the Public Records at the Policy Date; or b, the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear In the Public Records; b. that are Known to You at the Policy Date, but not to Us, uriess they appear In the Public Records at the Poky Date; a that result In m loss to You; or d. that first occur after the Policy Date - this does not limn the coverage described In Covered Risk 7, B.d, 22, 23, 24 or 25. S. Failure to pay value for Your TKI, 6. Lack of a right: a. to any Land outside the area speclgcaVy, described and referred to in paragraph 3 M Schedule A; and b. In streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described In Covered Risk 11 or 18. 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (L/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arlse by reason of: 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (III) the subdNHion of land; or(ty) envlronmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify a limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion I(b) does not modify or ikntt the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 Or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, [lens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, net recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In loss or damage which would not nave been sustained If the Insured Claimant had paid value for the insured Mortgage. 4. Unenforceabllity of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing business laws of the state where the Land Is situated. S. Invalidity or unenforceablllty In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truthan4ending law. This Exclusion does not modify or limit the coverage Provided In Covered Risk 26. 6. Any claim of Invalidity, unenforceablllty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exduslon does not modify or limit the coverage provided In Covered Risk 11(b) or 25. 8. The failure of the esldental structure, or any potion of It, to have been constructed before, on a after Date of Policy in accordance with applicable building codes. Tills Exduslon does not modify or limit the coverage provided In Covered Risk 5 a 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this poky, and the Company will not pay Ions or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to Form No. 1068-2 ALTA Plain Language Commitment Communal No.: NCS- 660169-SAI Page Number: 18 (p the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the Land; (III) the subdivision of land; a (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power, This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or Ilmlt the coverage provided under Covered Risk 7 or I. 3. Defects, liens, encumbrances, adverse claims, or other matter, (a) created, suffered, assumed, or agreed to by the Insured Clalmanq (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching a created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting In loss or damage Nat would not have been sustained If the Insured Claimant had paid value For the Insured Mortgage. 4, Unenformabinty of the den of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land Is situated. 5. Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth -In- lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording 0 the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; 1. (a) Taxes or assessments that are not shown as existing (lens by the records of any taxing authority that levies taxes or assessments on real property or ty the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons In possession of the Land. 1 Easements, (lens or encumbrances, or claims thereof, not shown by the Public Records, 4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE T "he following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to budding and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (III) the subdivision of land; or (IV) environmental protectlomor the effect or any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a; does not modify or limit the coverage provided under Covered Risk 5. Form No. 1066 -2 ALTA Plain Language Commitment Commitment No.: NCS-660169 -SA1 Page Number; 19 (b) Any governmental police power, This Exclusion Ile) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse Claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and net disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) rewlting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 9. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown In Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer fn any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Tide for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Title as shown In Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1006 WITH REGIONAL EXCEPTIONS When the American Land Ttle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 15 above are used and the following exceptions to coverage appear In the policy. SCHEDULER This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings try a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspectlon of the Land or that may be asserted by persons In possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any enctoachment, encumbrance, violation, variation, or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Fuoilc Records. EXHIBIT G Strip Parcel Commitment EXHIBIT G 5761 - 43062\AP13360WGRM7\ 1 191275.8 5/13/13 Form No. 1068-2 ALTA Plain Language Commitment April 29, 2014 Commitment No.: NCS- 665287 -SAl Page Number: 1 ti .jai, x, First American Title Company National Commercial Services 18500 Von Karman Ave, Suite 600 Irvine, CA 92612 Spring Robinson Jackson, DeMarco, Tidus & Peckenpaugh 2030 Main St A 12 Irvine , CA 92614 Phone: (949)851-7474 Fax: (949)752-0597 Customer Reference: Strip Parcel (0.57 acres). Title Officer: Bob Loera Title Assistant: Phone: (949)885 -2446 Phone: Email: rloera @frstam.com Email: Order Number: NCS- 665287 -SAl Property: Vacant Land, Tustin, CA Attached please find the following item(s): Commitment Candyce Albright (949)885.2443 calbright@firstam.com Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 665287 -SAI ALTA Plain Language Commitment Page Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A Page 3 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B -1 - Requirements Schedule B -2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 10682 Commitment No.: NC.S- 665257 -SAl ALTA Plain Language Commitment Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following The Provisions in Schedule A. The Requirements in Schedule B -1. The Exceptions in Schedule B -2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068 -2 ALTA Plain Language Commitment SCHEDULE 1. Commitment Date: April 10, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: (A) ALTA Owners Polity Proposed Insured: TBD (B) ALTA Loan Policy Proposed Insured: TBD 3. im Commitment No.: NCS- 665287 -SA1 Page Number:4 (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: South Orange County Community College District, a public agency Amount $TBD $TBD The land referred to in this Commitment is situated in the City of Tustin, County of Orange, State of California, and is described as follows: PORTION OF REUSE PLAN DISPOSITION SITE 1 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF BLOCK 10 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, AND AS SHOWN ON A MAP FILED IN BOOK 165, PAGE 31 THROUGH 39 INCLUSIVE OF RECORDS OF SURVEY, BOTH OF THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL I-E -4 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF RED HILL AVENUE WITH THE CENTERLINE OF VALENCIA AVENUE AS SHOWN ON SAID RECORD OF SURVEY, THE CENTERLINE OF RED HILL AVENUE HAVING A BEARING OF SOUTH 400 37'39" EAST BETWEEN VALENCIA AVENUE AND WARNER AVENUE; THENCE SOUTH 490 20' 07" EAST 103.05 FEET; THENCE SOUTH 400 39' 53" WEST 52.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 490 20'07" EAST 3.18 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1348.04 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 45.04 FEET THROUGH A CENTRAL ANGLE OF 10 54' 51" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 42.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 420 34'44" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 11.95 FEET THROUGH A CENTRAL ANGLE OF 160 18' 19 "; THENCE SOUTH 310 06' 57" EAST 31.73 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 58.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 12.87 FEET THROUGH A CENTRAL ANGLE OF 120 42' 56 "' THENCE SOUTH 430 49' 53" EAST 61.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 58.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 14.33 FEET THROUGH A CENTRAL ANGLE OF Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SA1 Page Number:5 140 09' 14 "; THENCE SOUTH 570 59'07" EAST 36.66 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 42.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE 10.38 FEET THROUGH A CENTRAL ANGLE OF 140 09' 17 "; THENCE SOUTH 430 49' 50" EAST 9.46 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1452.04 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 64.40 FEET THROUGH A CENTRAL ANGLE OF 20 32' 29 "; THENCE SOUTH 020 51'08" EAST 23.41 FEET; THENCE SOUTH 470 19' 39" EAST 11.70 FEET; THENCE SOUTH 400 29'44" WEST 47.00 FEET; THENCE NORTH 490 19'54" WEST 351.89 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 77.00 FEET SOUTHEASTERLY FROM THE CENTERLINE OF SAID RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 400 37' 39" EAST 59.07 FEET TO A POINT LYING SOUTH 850 38'32" WEST 36.79 FEET FROM THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE NORTH 850 38' 32" EAST 36.79 FEET TO THE TRUE POINT OF BEGINNING. APN: 430 - 283 -05 Form No. 1068 -2 ALTA Plain Language Commitment SCHEDULE B SECTION ONE REQUIREMENTS Commitment No.: NCS- 665287 -SA1 Page Number:6 The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and /or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and /or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: The following additional requirements, as indicated by 'X', must be met: [X] (H) Provide information regarding any off- record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et sec, The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. (1) An ALTA /ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA /ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SAI Page Number:7 [] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and /or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction (M) Based upon the Company's review of that certain partnership /operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and /or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. Form No. 1068 -2 ALTA Plain Language Commitment SCHEDULE B SECTION TWO EXCEPTIONS Commitment No.: NCS- 665287 -SAI Page Number:8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2014 -2015, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2013 -2014 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 430-283 -05. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. The effect of maps purporting to show the herein described and other land recorded in Book 12, Page 43; in Book 78, Page 21; in Book 88, Page 27; in Book 94, Page 8; in Book 97, Pages 8 to 10; in Book 109, Page 50; in Book 111, Page 5; in Book 117, Page 48; in Book 123, Page 44; in Book 135, Page 10; in Book 137, Page 20; in Book 139, Page 1; and in Book 147, Page 41, all of Record of Surveys. 5. The effect of a map purporting to show the land and other property, filed in Book 165, Pages 31 through 39 of Record of Surveys. 6. The terms and provisions contained in the document entitled "Short Form Notice of Agreement" recorded May 14, 2002 as Instrument No. 2002- 404589 of Official Records. 7. Easements, Covenants and Conditions contained in the deed from the United States of America, as Grantor, to the City of Tustin, California, as Grantee, recorded May 14, 2002 as Instrument No. 2002- 404595 of Official Records. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such covenants, conditions or restrictions violate 42 U.S. C. §3604( c) or applicable state law. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. 8. The effect of a map purporting to show the land and other property, fled in Book 194, Pages 19 through 27 of Record of Surveys. 9. The fact that the land lies within the boundaries of the MCAS Tustin Redevelopment Project Area, as disclosed by the document recorded June 18, 2003 as Instrument No. 2003- 710836 of Official Records. Document(s) declaring modifications thereof recorded March 28, 2007 as Instrument No. 2007000197041 of Official Records. 10. This item has been intentionally deleted. Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SA1 Page Number:9 11. Easements, Covenants and Conditions contained in the deed from City of Tustin, California, the recognized local redevelopment authority for Marine Corps Air Station Tustin, as Grantor, to South Orange County Community College District, as Grantee, recorded April 29, 2004 as Instrument No. 2004- 369376 of Official Records. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such covenants, conditions or restrictions violate 42 U.S.C. §3604(c) or applicable state law. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 12. This item has been intentionally deleted. 13. This item has been intentionally deleted. 14. An easement for public emergency ingress and egress and incidental purposes, recorded January 25, 2006 as Instrument No. 2006000056575 of Official Records. In Favor of: City of Tustin Affects: The Land 15. An easement for street, highway, utility, landscape maintenance and other public purposes and incidental purposes, recorded June 03, 2005 as Instrument No. 2005000430578 of Official Records. In Favor of: City of Tustin, a Municipal Corporation Affects A portion of the land 16. An easement for street, highway, utility, landscape maintenance and other public purposes and incidental purposes, recorded June 03, 2005 as Instrument No. 2005000430580 of Official Records. In Favor of: City of Tustin, a Municipal Corporation Affects: A portion of the land 17. The terms and provisions contained in the document entitled "Landscape Maintenance Agreement" recorded January 29, 2009 as Instrument No. 2009000039965 of Official Records. By and between the City of Tustin, a municipal corporation and South Orange County Community College District. 18. The effect of a map purporting to show the land and other property, filed August 04, 2010 in Book 241, Pages 29 through 32 of Record of Surveys. 19. The terms and provisions contained in the document entitled "Development Agreement and Amended and Restated Agreement" recorded May 23, 2013 as Instrument No. 2013000312295 of Official Records. 20. The terms and provisions contained in the document entitled "Memorandum of Effective Date of Development Agreement" recorded August 09, 2013 as Instrument No. 20130000475496 of Official Records. 21. The terms and provisions contained in the document entitled "Amended and Restated Declaration of Covenants, Conditions and Restrictions and Environmental Restriction Pursuant to Civil Code Section 1471" recorded August 09, 2013 as Instrument No. 20130000475497 of Official Records. 22. Any facts, rights, interests or claims which would be disclosed by a correct ALTA /ACSM survey. 23. This item has been intentionally deleted. Form No. 1068 -2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: NCS- 655267 -W Page Number 10 The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. * * * * *To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. * * * ** Form No. 1068 -2 Commitment No.! NCS- 665287 -SA1 ALTA Plain Language Commitment Page Number: It CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form No. 1068 -2 Commitment No.: NCS- 665287 -SAI ALTA Plain Language Commitment Page Number: 12 i Fli American Tgtlr, Privacy Information We An Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, xe may ask you to povice us worth chain information. We understand that you may be comOrs td abamt what we will do with such information - particoUrhy any personae a fvurrcul Information. 'We agree that you have a right to knew hory we will utilize the personal informabo you provide to us. Therefore, together voth our subsidiaries we have supped this Privacy Policy to govern the use and handler, Of your Persoral information. Applicability Ths Privacy Policy governs our use Of the information that you provide to us. It does not govern the manor in which we may use Information we have obteinat tram any timer ounce, such as information obtained from a public record or from another person or entity. HIM American has also adopted bmwer guidelines that govern our use of personal Information regardless of its source. First Anniston calls these guidelines its Fair Information Values. Types of Information Oepenum, upon which of Our services you are milling, the types of nonpublic personal Information that we may collect Include: Information we receive from your on app cations, toms and in other communications to us, whether in wrong, In person, by telephone or any other means; • Information about your transactions with us, Our aThated companies, or others; and Information we receive Iron a consumer reporting agency. Use of Information We request information from you for ur own legitimate cosiness Wrprsses and ut for the benefit of any unaffiliated party. Therefore, we will not release your information to nonafflalN parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as Permitted by law. We may, however, store such information ndefioteky, including the period after which any customer relationship has ceased. Such nfwsrejoh may be used for any internal Wrposx, such as quality mntrol efforU or crammer analysis. We may arm provide all of the types of runpW lc personal Information [mat above to One or mare of Our affiWted cwwwre Such affiliated comparoes mduue financial service providers, such as o le insurers, property and cawary inwre,i, and WY and Investment advisory cp milks, of companies involved in real estate services, such as tip sweal companies, home warranty companies and asfrmv, comparYK. FuRhom are, we may also provide all the infamabu we colltt as desrnbed above, W compares that perform marketing services on Our behalf, on behalf of ur affiliated companies Or to other firannal instructions with wham we Or cm affiliated compares have pnl marketing agreements. Former C Spndr ors Even If you are no longer Our Customer, Our Privacy Policy will continue to apply to you Confidentiality and Security We will use our best efforts to ensure NM no unauthorized pertas have access to any of your Information. We restrict access to nonpublic personal Information about you to those Individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to em m, that your information will tae handled responsibly we in accordance with this Privary Polity and First American's Fair Information Values. We anealy maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your mmpubac personal information. Information Obtained Through Our Web Site First American Proposal Corpaatgn is sensitive to privacy issues m the Internet. We be" It is important you know how, we beat the irdortmaldn about you via receive on toe Internet. In ganeral, you can visit Fest American or is affiliates' Web vies on the Would Wide Web wMOt telling us At* you are or revealing any Information about yourself. Our Web servers collect the domain name , nob ths email addresses of vesp ors. Rob 'mfannatdn ts aggregated to measure the number of vises, average we spent on the site, pages vewed and sinislar information. First amehcen uses that khrormadam to measure tire use of our site and! W develop ideas to improve the content of Our site. Thee are times, howen , when we may heed Information from you, such as your name and email address. wrien Information is needed, we will use our best ef`ents to let you know, M the time of cdkElm haw wer will use the personal n!amaUm, usually, the personal Information we COAett is usel only by us to respond to your, .m , oraess an Order or a'row, you to access specific acrount/proflle information. If you chose to share any pirms"i mfarnanon with us, we well only use It In accordance with ma polities outlined above. Business Relatiomhips First American Financial Corporation s site and 16 affiliates' sites may contain links to other Web sites. While we try to link only to cotes that share our high standards and respect for privacy, we are not responsible for the current or the Privacy practices employed by other sites. Cockles Some of First Amencian•s Web sates may make use of'coekie" technology to measure site activity and to custombe infamabm to your personal msms. A cookie is an element Of data that a Web vie can send to your prowler, which may then store the cookie on your hard drive, Ew,glim.rypm uses rimed cookies. The goal of this technology is to better serve you when voting Our site, save you time when you are here and to Provide you with a more meargngfm9 and productive Web site "Primerica. Fair Information valuess Faimess We coruitler consumer expectations abut ther privacy In all our budrecWS We only Offer podu¢s and services mat assure a favorable balance beti crm consumer benehts and consumer privacy. Public Rerord We believe that an open W tic record meates significant value for so0ety, enhances comurre tlwice and creates cusumer opportunity. We actively support. an open public record .. a n'bruze 2> importance and contribution to our ergwmy, Use We dollars, we stnuld behave responsibly when we use information about a col wr. In ur buvms. We will obey the laws governing ba collection, use ant determination d aau. A[Nracy We wilt take reasonable steps to help assure the a[Nlacy ei the data we collai use and disseminate. Where Possible, we will take reasonable date to dernect Chocolate nfdrlllallgl. When, as with tire public record, we cannot correct inaccurate information, we will lake all masomble sm, W ..It tttw.. in identif c'g the sburCe of the ermharcl data to chat the cPmwmer can secure the required conmollore. Education we endeavor to educate the users W our products wal services, our employees and others in our industry about the mlwraue a' consumer privacy. We will instruct our employees cam our !air Information values and u the responsible Nlection and use of data. We will encourage others in ur industry to collect and usp information in a responsible manner. Securlty We wdl nnaintaa appromo a facdties shot systems to protect against unummorizou access to and corruption or toe data we maniam. Form 50-PRIVACY (911/10) Page 1 of 1 Privacy Information (2001.2010 First American Financial Corporation) Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SA1 Page Number: 13 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULES EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records, EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; Qi) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a par.; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a nonce of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violator or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a nonce of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters. (a) whether or not recorded in the public records at Date of Policy, but Created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Polity, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforcea6ii:ry, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest insured by this policy and not disclosed in wnbng by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULES Form No. 1068 -2 Commitment Ni NCS- 665287 -SAl ALTA Plain Language Commitment Page Number: 14 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. ?. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatented mining claims; reservations or exceptions in patents or in Aas authorizing the issuance thereof; water rights, claims or title to water. it Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or Prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. _. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date or Policy. 3- Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). -t Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by malting inquiry of persons in possession thereof. 3 Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. G. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Form No. 1068 -2 Commitment No.: NCS- 665287 -SAI ALTA Plain Language Commitment Page Number: 15 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. !. Unenforceabilty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" lams of the state in which the land Is situated. 5. Invalidity or unenforceabdiry of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transacton creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subord:naton; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure. (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 9. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay lass or damage, costs, attorneys' fees or expenses which arise by reason of: I (a) Any law, ordinance or governmental regulation (including but hot limited to building and zoning laws, ordinances, or regulations) restneting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but rot excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed Or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SA1 Page Number: 16 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this polity. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart nonce to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which apse by reason of: Part One: I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The night to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks q. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CILIA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Cotered Riab 14 (Sulahmion Lan Violation). 1.5 (Building I'ernri ). 16 (Zoning) and 18 (F,neroacluneut of boundary walls or fenres) arc sulrjmt to Ocduclible Amounts and Maximum Dollar Liuliln of Liability Form No. 1068 -2 ALTA Plain Language Commitment EXCLUSIONS Commitment No.: NCS- 665287 -SAI Page Number: 17 In addition to the Exceptions in Schedule 8, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use J. Improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. Phis exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Polity Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, BA, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right a. to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01108) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(ly) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Ila) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or I. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land Is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truthi lending law. This Exclusion does not modify or limit the coverage provided In Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Tide for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that apse by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SA1 Page Number: 18 (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or over matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabihry of the lien of the Insured Mortgage because of the inability of failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5, Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate axes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 3006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies axes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, v,hether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or damns that are not shown by the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, vblabon, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. I.S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (it) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protecbon;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. Form No. 1068 -2 ALTA Plain Language Commitment Commitment No.: NCS- 665287 -SAI Page Number: 19 (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or S. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Tide as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in pa2graph 15 above are used and the following exceptions to coverage appear In the policy. SCHEDULE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspecton of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. EXHIBIT H Sublease Amendment EXIIIBIT H 5 764-44062\APB360\AG R M'1\ 1 191275.8 S /13/14 AMENDMENT NO. 2 TO SUB -LEASE BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR A PORTION OF MCAS TUSTIN THIS AMENDMENT NO. 2 TO Sl1B- LEASE. (this "Amendment No. 2 "), is made this _ day of , 2014 (the "Effective Date ") by and between the CITY OF TUSTIN ("City"), a municipal corporation organized under the laws of the State of California, and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD "). RECITALS A. Pursuant to that certain "Sub-Lease between the Citv of Tustin and the South Orange County Community College District for a Portion of MCAS Tustin" dated April 29, 2004, as amended by Amendment No. I thereto dated August 9, 2013 (as so amended, the "Original Sublease "), Citv subleased to SOCCCD the Leased Premises. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Original Sublease. B. Pursuant to that certain Agreement Concerning Valencia Parcel between City and SOCCCD dated , 2014 (the "Valencia Parcel Agreement'), City and SOCCCD agreed to amend the Original Sublease by deleting from the Leased Premises that certain real property designated in the Exchange Agreement as the "Valencia Parcel" and more particularly described in Exhibit A attached hereto (the "Valencia Parcel'). C. City and SOCCCD desire to amend the Original Sublease in order to delete the Valencia Parcel from the Leased Premises. NOW THEREFORE, in accordance with the foregoing and in consideration of' the promises and mutual covenants hereinafter set forth, City and SOCCCD agree to amend fill- Original Sublease as follows: 1. Leased Premises. The definition of Leased Premises set forth in the Original Sublease is hereby amended by deleting the Valencia Parcel. A current legal description of the Leased Premises as of the Effective Date hereof is attached hereto as Exhibit B, which shall supersede and replace Exhibit C of Amendment No. I described above. 2. Full Force and Effect. Except as modified by this Amendment No. 2, the Original Sublease shall remain in full force and effect. 3. Counterparts. This Amendment No. 2 may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4. Incorporation of Exhibits. Each of the exhibits attached to this Amendment No. 2 is hereby incorporated into this Amendment No. 2 by this reference. ISignalare Page Followsl 571W- 44062 \APH360\11923564 5/1.3114 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No. 2 on the date First written above. CITY OF TUSTIN: By: Jeffrey C. Parker City Manager SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT: Gary L. Poertner Chancellor 5 7 61- 4 4 06 21APn360 \1 192356.4 5/13/1-1 6XFIIBIT A Legal Description of Valencia Parcel (attached) (Area 10) ( #1147474) 5761- 11062vNP13360 \1192356:1 5/13/1-1 April 19, 2013 BRI HK'F'No.20I2g 1 oft Page l oi'2 E4:INEER5 - SURVEYORS PU\VERS L LGAL DESCRIPTION OF AREA NO. 10 Tustin, CA Portion of APN: 430 -282 -11 and All of APN: 430 - 281.10 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL, IV -1-4 and all of PARCEL IV -.1 -5 as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEAST: IN 17URI HERANCE OF CONVEYANCE" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly corner of said PARCEL IV-1-5; Thence along the eusteriy line of said PARCEL, IV -J -5, South 07 °11'09" West, 236.11 feet to the southwesterly line of said PARCEL. IV -1 -5; Thence along said southwesterly line of PARCEL IV -1-5 and PARCEL- IV -J -4 the following five (5) courses: 1. North 73 °31 `26" West, 47.60 feet; 2. South 64 004'33" West, 24.04 feet to the beginning of a tangent curve having a radius of 1038.68 feet; 3. Northwesterly along said curve, through a central angle of 05 027'40 ", for an arc length of 99.00 feet to the beginning of a compound curve, having a radius of 1353.04 feet; 4, Along said cutve northwesterly, through a central angle of 16 °07'53" for an arc length of 380.94 feet; 5. North 49 019'54" West, 183.81 feel; Thence leaving said southwesterly line, North 40 °40'06" Bast, 325.27 feet to the northeasterly line of said PARCEL 1V -J -4; Thence along said northeasterly line of said PARCEL IV -3 -4 and continuing along the northeasterly line of said PARCEL IV -5, South 49 010'56" East, 576.11 feet to the POINT OF BEGINNING. Page I of 2 Containing an area of 197,272 square feet or 4.529 acres more or less. Bcing a pot lion of Assessor's Parcel Number 430 -232 -11 and all of Assessor pareel number 430 - 252 -10 As sho\cn on "Schedule I" attached hereto and made a part hereof. For: BKF Hngineas.:. By: Davis Thresh, P.L.S. No. 6563 License expires: 09 -30 -2014 C wr3 i i§'F� P` {r r Date: K]Sw 12%122006.0 4'r VP l and Swap 11XCHANCC 10 doc Pace 2 of 2 PROPOSED AREA 7 E 325.27' 114 LAND EXCHANGE 9 AREA NO. 10 3 197,272 sq. ft.± aZ 4.529 acres± W PARCEL IV -J -4 G{ DOC. NO. 20020404590 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT I APN:430- 282 -11 w R= 1353.04' 6-- 16'07'53" L= 380.94' SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430 - 282 -10 PARCEL IV -J -5 DOC. NO. 20020404590 R= 1038.68' N 19 '04'33" 3 " E(R) 6= 5'27'40" S 64'0L= 99.00' / � 4'3 W [4.0 p9 4' S S O� ti36,, N 73'31'26" W 47.60` K:\SUR12\122006-13PLATS\LAND SWAP 10.DWG N 0 N m LEGEND P.0.8. POINT OF BEGINNING CITY OF TUSTIN APN:430- 282 -26 PLAT TO ACCOMPANY LEGAL DESCRIPTION D IRF 60D SOUTH MAIN STREET Subject SCHEDULE 1 SUITE 920 LAND EXCHANGE AREA 10 ORANGE, CA 92868 Job No. 20102006 -13 714- 415 -0500 E�a®nl7urriTm lPwmu 714- 415 -0599 (FAX) BY R� Dote 4/19/13 Chk 1 SHEET 1 OF 1 EXHIBIT B Legal Description of Leased Premises as of the Effective Date (Area 32) ( #1202861) 5769490623AVI3360\ l 192356.4 5/13/19 I& BRF ENLINI r IS, SUP MOPS PLAN Nr[S Current Sublease Area Tustin, CA AREA J2 APN 430- 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 3 Real property situated in the City of "fustin, County of Orange, State of California, described as follows Being all of PARCEL IV -J -6, us said parcel is described in that certain document entitled -SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 2002040.1590, Records of Orange County, more particularly described as follows; AREA J2: BEGINNING at the northerly terminus of the westerly line of said PARCEL IV -J -6, as described as North 46039'39" East 427.42 feet, the TRUE POINT OF BEGINNING of PARCEL IV -1 -6, and described in Document No. 20020404590; I hence along the northerly line of said PARCEL IV -J -6, the following sixteen (16) courses: I. South 49 °19'54" East, 162.79 feet to the beginning of a tangent curve concave to the northeast, having a radius of 1447.04 feet, 2. Along said curve, through a central angle of 01 023'53 ", for an arc length of 35.31 feet; 1 South 04058'49" East, 24.36 feet; 4. South 54027'57" East, 56.24 feet; 5. North 83 °1515" East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,447.04 feet, to which point a radial lice bears South 35044'30" West; 6. Southeasterly along said curve, through a central angle of 11053'59 ", for an arc lenbrth of 300.54 feet; 7. South 66 °09'29" East, 52.51 feet; S. South 2100925" East, 24.04 feet; 9. South 6801 T15" East, 62.36 feet; 10. North 64009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the north, having a radius of 1090.18 feet, to which point a radial line bears South 19014'54" West; 11. Southeasterly along said curve, through a central angle of 04 °56'38 ", for an are length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; Page 1 of 12. Along said compound curve, through a central angle of 00`41'45 ", for an arc length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Easterly along said reverse curve through a central angle of 11 054'29 ", for an arc length of 29.51 feet 14. South 64 °29'00" East, 15.88 feet to the beginning of a tangent curve concave to the north, having a radius of 158.00 feet; 15. Along said curve, through a central angl•: of 14=52'27 ", for an arc length of 41.02 feet; 16. South 79 °21'27" East, 218.54 feet the southeasterly line of said PARCEL IV-J-6; Thence leaving said line and along said southeasterly line the following seventeen (17) courses: 1. South 31020'58" East, 40.12 feet; to the beginning of a non tangent curve concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 020'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an are length of 48.38 feet to the beginning of a compound curve, having a radius of 42.00 feet; 3. Along said compound curve through a central angle of 16011'24", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an arc length of 13.90 feet to the beginning of a reverse, having a radius of 1,342.04 feet; 6. Southerly along said reverse curve to through a central angle of 02 °27'21" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 044'05 ", for an we length of 13.90 feet; 8. South 09 °52'51" West, 33.42 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; 9. Along said curve, through a central angle of 1601 V24", for an are length of 11.87 feet; to the beginning of a compound curve, having a radius of 1,354.04 feet; 10. Southwesterly, along said compound curve through a central angle of 23 027'25 ", for an arc length of 554.34 feet; 11. North 15 °49'01" West, 382.89 feet; 12. South 71036'25" West 351.77 feet 13. North 77 °38'59" West, 256.30 feet; 14. South 40 038'46" West, 486.27 feet; Page 2 of 15. South 49021'14" East, 459.00 feet to the beginning of a non tangent curve concave to the southeast, having a radius of 1,446.04 feet, to which point a radial Iine bears North 29 °41'43" West; 16. Thence along said curve, through a central angle of 21`07'46 ", for an arc length of 533.27 feet 17. Thence South 39010'3 1 " West, 16356 feet to the southwesterly line of said PARCEL IV -E -6; Thence leaving said southeasterly line and along last said southwesterly line of said PARCEL IV -J -6, North 33 057'12" West, 70.07 feet to the westerly line of PARCEL IV -J -6; Thence leaving said southwesterly line and along said westerly line, North 09 °21'06" East, 1,661.58 feet; Thence continuing along said westerly line, North 46 039'39" East, 427.42 feet to the POINT OF BEGINNING. Containing an area of 1,113,982 square feet, 25.574 acres more or less. Being all of Assessor Parcel Number 430- 283 -09 As shown on "Schedule I" attached hereto and made a part hereof - For: BKF Engineers is Davis Thresh, P.L.S. No. 6868 License expires: 09 -30 -2014 Date: KAS.,12 \I22D06. U AT OP L. ndS,.p PWs1DwGNi N NV.AND EXCHANGE LEGALS10AEA J.da Page 3 of AEU) HILL. AV Nl1F 4 yd AREA J2 = AREAS D, PND 12B SEE SHEET 3 OF 3 FOR LINE AND CURVE TABLES EGEND APN ASSESSOR PARCEL NUMBER P.O.B. POINT OF BEGINNING TOTAL AREA J 1,311,248 sq.fl.± 30.102 ocres± DAMS THRESH No. 6868 AREA B PARCEL I —E -2 DOC. NO. 20020404595 APN: 430 - 283 -16 23 AREA 12A 9 PARCEL I —E -1.1 DOC. NO. 2004 - 000369376 APN: 430 - 283 -16 6 AREA J2 1,113,962 sq.fi.t (03 25.574 acres± , AREA 12B PARCEL IV —J -6 N 33'57'12" W DOC. NO. 20020404590 70.07' S 39'10'31" W 153.56' R= 1446.04' D= 21'07'46 A�Rga'97R ®a® L%yp E L= 53127' W 1 'r' A A b � N ml m- w w x w w w z J x V H Q E AREA C .6 \66,50 06 0g1 d AREA D WWR12 \122006.❑ REP PL MVK\EXC MCE Pan \AREA AOK rL I . v 1111 1nirnn 1 11" WILLOW RD Subject SCHEDULE 1 SUITE 25o 50 AREA J2 '7` PLEASANTON, CA 94588 Job No. 20122006 ^`r' 925 -396 -7700 925 -396 -7799 (FAX) By Mme— Date 05/06/14 Chkd.�'S u� sif�6a>'m l ►u�m SHEET 1 OF 3 RED HULL &VENUE PARCEL I-E -4 DOC. N0. 2004-000369J76 m APN: 430 - 283 -05 N0 W_ WN w /�M�D M/IMf� A J O S LAHEDOWME G9 ©s WN n U w Q C; N aVZ w O ? J Q = U < AREA C PARCEL 1 -E -1.1 IAD DOC. NO. 2DO4- 000369376 APN: 430- 283 -10 @�tg �i N 46'39'39" E 427.42' Q 9 Q Q P.0.8. d 5 4979'54" E 29 e AREA J2 82.79 ,665 11113,982 sq.fc.f Cl - Q 1 10 E 25.574 ccrest L1 9 PARCEL IV -J -4 ® 091 06 AREA D LJ N 2002004040590 ® PARCEL IV -J -6 S 35'44'30" W (R) APN: 430 - 282 -11 DOC. N0, 20020404590 R= 1447.04' PARCEL IV-J-5 6 APN: 430- 283 -09 G= 11'53'59 "�� DOC. . 20020404590 L =300.54' APN: 430- 282 -10 S 40'38'46" W 486.27' Z 4 AREA 8 a w '� 'gym s PARCEL IV -J -7 LS <� W `o,�• DOC. N0, 20020404590 3 AREA 15 4 APN: 430- 283 -10 L7 C2 °o > PARCEL IV -J -8 �Pl r+ DOC. NO. 20020404590 6. ah� C3 C4 LS AREA 11 APN: 430 - 283 -11 J,51 �5^ S j C51 1p s. H 2g4 +'a3, h0ry �paJ• �j C10 C8 L10 o > R= 1354.04' L11 �e \ 8= 23'27'25 ,I C9 4M� . =ya L= 564.34' C7 6� \ BlKF 4670 WILLOW RD Subject SCHEDULE 1 7 SUITE 250 AREA J2 PLEASANTON, CA 94588 Job No. 20122006 . " 925- 395 -7700 By M Date 05/06/14 Chkd.WS Ewvmmwlrl<ne+. ft� 925 -396 -7799 (FAX) SHEET 2 OF 3 EXHIBIT I Notice of Sublease Amendment EXHIBIT I 5 764- 34062\APB36MG RM-R l 19127 5.8 5/13/14 RECORDING REQUESTED BY: AND Wf1EN RECORDED MAIL TO: City Manager The City of Tustin 300 Centennial Way Tustin, California 92780 Exempt from Recording Fees Per Government Code Section 6103 Space Above This Line Reserved for Recorder's Use AMENDMENT NO. 2 TO SHORT FORM NOTICE OF SUB -LEASE THIS AMENDMENT NO. 2 TO SHORT FORM NOTICE OF SUB -LEASE (this "Amendment No. 2 ") is entered into this _ day of , 2014 (the "Effective Date ") by the CITY OF TUSTIN, CALIFORNIA, a municipal corporation ( "CITY ") and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ('SOCCCD "). RECITALS A. Pursuant to that certain "Sub -Lease between the City of Tustin and the South Orange County Community College District for a Portion of MCAS Tustin" dated April 29, 2004, as amended by Amendment No. 1 thereto dated August 8, 2013 (as so amended, the "Original Sublease'). City subleased to SOCCCD the "Leased Premises," as such term is defined in the Original Sublease. B. In order to provide third parties of notice of the existence of the Original Sublease, City and SOCCCD executed that certain "Short Form Notice of Sub- Lease" dated April 29. 2004 (the `Baseline Notice of Sublease "), which was recorded on April 30, 2004 as Instrument No. 2004000373082 in the Official Records of Orange County, California (the "Official Records "). The Baseline Notice of Sublease was amended by that certain "Amendment No. 1 to Short Form Notice of Sublease," which was recorded on August 9, 2013 as Instrument No. 2013000475494 in the Official Records (`Amendment No. I to Notice of Sublease "). The Baseline Notice of Sublease as amended by Amendment No. 1 to Notice of Sublease shall be referred to herein as the "Original Notice of Sublease." All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Original Notice of Sublease. C. Pursuant to that certain "Amendment No. 2 to Sub -Lease between the City of Tustin and the South Orange County Community College District for a Portion of MCAS Tustin" of even date herewith (`Sublease Amendment No. 2"), City and SOCCCD agreed to amend the Original Sublease by deleting from the Leased Premises that certain real property 5764-44062141F[136011 192362.4 5/13114 designated in the Sublease Amendment as the "Valencia Parcel" and more particularly described in Exhibit A attached hereto (the "Valencia Parcel "). D. City and SOCCCD desire to amend the Original Notice of Sublease in order to conform the same to the terms of Sublease Amendment No. 2. NOW THEREFORE, in accordance with the foregoing and in consideration of the promises and mutual covenants hereinafter set forth, City and SOCCCD agree to amend the Original Notice of Sublease as follows: ]. Leased Premises. The definition of Leased Premises set forth in Original Notice of Sublease is hereby amended by deleting the Valencia Parcel. A current legal description of the Leased Premises as of the Effective Date hereof is attached hereto as Exhibit f3, which shall supersede and replace Exhibit C of Amendment No. 1 to Notice of Sublease. 2. Sublease. All references in the Original Notice of Sublease to the Sublease shall be deemed to refer to the Original Sublease as amended by Sublease Amendment No. 2. 3. Full Force and Effect. Except as modified by this Amendment No. 2, the Original Notice of Sublease shall remain in full force and effect. 4. Counterparts. This Amendment No. 2 may be executed in two or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Incorporation of Exhibits. Each of the exhibits attached to this Amendment No. 2 is hereby incorporated into this Amendment No. 2 by this reference. /Signature Page Followsl 2 9764- 44062WB360 \1192362,4 5/13/14 IN WITNESS WHEREOF, the parties hereto have duty executed this Amendment No. 2 on the day first written above. CITY OF TUSTIN: By: Jeffrey C. Parker City Manager SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT: By: Gary L. Poertner Chancellor 5.761- SJ062`,APB360 \I 19'3624 i /13/11 STATE OF CALIFORNIA COUNTY OF On , 2014, before me. (here insert name and tide of the ollicer) personally appeared Jeffrev C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person. or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY 01' On . 2014, before me, (SEAL) (here insert name and title of the officer) personally appeared Gary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executer) the instrument. I certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) a 5764- 45062\, \Pn360 \1192362 i 5 /13/17 EXHIBIT A Legal Description of the Valencia Parcel (attached) (Area 10) ( #1147474) EXHIBIT A 5764- 44062b1PB360 \1192362.4 5/13/14 =1 ®SEE Apri! 29, 2013 ® H!iF No. 20 122006-13 wall Page I of 2 fkSIYEri5 Sn4VfYa45.Puse:,s LEGAL DI'SCRIP'FION OF AR @.A NO. 10 Tustin, CA Portion of APN: 430- 282 -11 and All of APN: 430- 282 -10 Real property situated in the City of Tustin, County of Orange, State of California, described as Fellows: Being a portion of PARCEL IV-J-4 and all or PARCEL. IV-J-5 as said parcels arc described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly corner of said PARCEL Thence along the easterly line of said PARCEL IV-J-5, South 07 °11'09" Nest, 236.11 feel to the southwesterly line of said PARCEL IV-J-5; Thence along said southwesterly line of PARCEL IV-J-5 and PARCEL IV -J -4 the following free (5) courses: I. North 73 °31'26" Nest, 47.60 feel; 2. South 64 °04'33" Nest, 24.04 feet to the beginning of a tangent curve having a radius of 1038.68 feet; 3. Northwesterly along said curve, through a central angle of 05 °27'40 ", for an arc length of 99.00 feet to the beginning of a coniPound curve, having a radius of 1353.04 feet; 4. Along said curve northwesterly, through a central angle of 16=07'53" for an arc length of 380.94 feet; 5. North 49 °19'54" West, 183.81 feel; Thence leaving said southwesterly line, North 40040'06" East, 32517 feet to the northeasterly line of said PARCEL 1V -J -4; Thence along said northeasterly line of said PARCEL IVA -4 and continuing nlong the northeasterly line of said PARCEL IV -5, South 49 °10'56' East, 576.11 feet to the POINTOF BEGINNING. Page I of 2 Containing an area of 197,272 square feet or 4.529 acres more or less. Being a portion of Assessor's Parcel Number-430-282-11 and all of Assessor parcel number 430-292-10 As shown on "Schedule I "attached hereto and made a part hercol. For: BKF Engineers - -, '.11 By: Davis Thresh, P.L.S. No. 6563 License expires: 09 -30 -2014 Date: K S w12• 122006.13 A I'EI' Wad Swap EXCHANGE 10.0c Page 2 of 2 PROPOSED AREA 7 PARCEL IV -J -5 DOC. NO. 20020404590 P.O. R= 1038.68' N 19'04'33" E(R) x5'27'40" — — L= 99.00' / 5 64'04'33" V1 24.04' p9 S p� ry�6 N 73'31'26" W \ 47.60' K: \SUR12 \122006- 13PLATS \LAND SWAP 10.DWG f %a, 600 SOUTH MAIN STREET SUITE 920 ORANGE, CA 92868 714- 415 -0500 714- 415 -0599 (FAX) PLAT TO ACCOMPANY LEGAL DESCRIPTION Subject SCHEDULE I LANG EXCHANGE AREA 10 Job No. 20102006 -13 _ By iL_ Date 4/19/13 Chkd.WS SHEET 1 OF 1 LAND EXCHANGE a m AREA NO. 10 a 2 197,272 sq. ft.± a Q 4.529 acres± RSj z PARCEL IV -J -4 a DOC. NO. 20020404590 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN:430- 282 -11 w 0 m e R= 1353.04' LEGEND A= 16'07'53" L= 380.94' P.O.B. POINT OF BEGINNING SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430 - 282 -10 CITY OF TUSTIN APN: 430 - 282 -26 PARCEL IV -J -5 DOC. NO. 20020404590 P.O. R= 1038.68' N 19'04'33" E(R) x5'27'40" — — L= 99.00' / 5 64'04'33" V1 24.04' p9 S p� ry�6 N 73'31'26" W \ 47.60' K: \SUR12 \122006- 13PLATS \LAND SWAP 10.DWG f %a, 600 SOUTH MAIN STREET SUITE 920 ORANGE, CA 92868 714- 415 -0500 714- 415 -0599 (FAX) PLAT TO ACCOMPANY LEGAL DESCRIPTION Subject SCHEDULE I LANG EXCHANGE AREA 10 Job No. 20102006 -13 _ By iL_ Date 4/19/13 Chkd.WS SHEET 1 OF 1 EXHIBIT B Legal Description of the Leased Premises as of the Effective Date (Area 12) (#1202861) EXHIBIT 11 5764- 14062APH36011 192362.4 ?/13/14 B K F FJAINr its' SUNvr9Ors, PLLNNEEs Current Sublease Area Tustin, CA AREA J2 APN 430- 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 3 Real property situated in the City of Tustin, County of Orange, State of California, described as follows Being all of PARCEL IV -J -6, as said parcel is described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, Records of Orange County, more particularly described as follows; AREA J2: BEGINNING at the northerly terminus of the westerly line of said PARCEL IV -1 -6, as described as North 46 039'39" East 427.42 feet, the TRUE POINT OF BEGINNING of PARCEL IV -1 -6, and described in Document No. 20020404590; fhence along the northerly line of said PARCEL IV-J-6, the following sixteen (16) courses I. South 49 019'54" East, 162.79 feet to the beginning of a tangent curve concave to the northeast, having a radius of 1447.04 feet, 2. Along said curve, through a central angle of 01 023'53 ", for an arc length of 35.31 feet; 3. South 04 058'49" East, 24.36 feet; 4. South 54 °27'57" East, 56.24 feet; 5. North 83'15'15" East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,447.04 feet, to which point u radial line bears South 35 044'30" West; 6. Southeasterly along said curve, through a central angle of 11 053'59 ", for an arc length of 300.54 feet; 7. South 66 009'29" East, 52.51 feet; 8. South 21'09'25" East, 24.04 feet; 9. South 68°1T15 "East, 62.36 feet; 10. North 64 009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the north, having a radius of 1090.18 Feet, to which point a radial line bears South 19'14'54" West; 11. Southeasterly along said curve, through a central angle of 04 056'38 ", for an are length ot'94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; Page] of3 12. Along said compound curve, through a central angle of 00 °41'45 ", for an arc length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Easterly along said reverse curve through a central angle of 11'54'29 ", for an arc length of 29.51 feet 14. South 64 029'00" East, 15.88 feet to the beginning of a tangent curve concave to the north, having a radius of 158.00 feet; 15. Along said curve, through a central angle of 14c52'27 ", for an arc length of 41.02 feet; 16. South 79 °21'27" East, 218.54 feet the southeasterly line of said PARCEL IV -1 -6; Thence leaving said line and along said southeasterly line the following seventeen (17) courses: I . South 31 °20'58" East, 40.12 feet; to the beginning of a non tangent curve concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 °20'33" East; 2. Southerly along said curve, through a central angle of 02 °02'49 ", for an arc length of 4838 feet to the beginning of a compound curve, havine a radius of 42.00 feet; 3. Along said compound curve through a central angle of 16' 1 1'24 ", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an arc length of 13.90 feet to the beginning of a reverse, having a radius of 1,342.04 feet; 6. Southerly along said reverse curve to through a central angle of 02 °27'21" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 044'05 ", for an are length of 13.90 feet; 8. South 09 °52'51" West, 33A2 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; 9. Along said curve, through a central angle of 1601124", for an arc length of 11.87 feet; to the beginning of n compound curve, having a radius of 1,354.04 feet; 10. Southwesterly, along said compound curve through a central angle of 23 02725 ", for an arc length of 554.34 feet; H. North 15 °49'01" West, 382.89 feet; 12. South 71 036'25" West 351.77 feet 13. North 77 °38'59" West, 256.30 feet; 14. South 40'38'46" West, 486.27 feet; Page 2 of I5. South 49 021'14" East, 459.00 feet to the beginning ofa non tangent curve concave to the southeast, having a radius of 1,446.04 feet, to which point a radial line bears North 29 °41'43" West; 16. Thence along said curve, through a central angle of 21 °07'46 ", for an are length of 533.27 feet; 17. Thence South 39 01031" West, 16356 feet to the southwesterly line of said PARCEL IV -E -6; Thence leaving said southeasterly line and along last said southwesterly line of said PARCEL IV-J-6, North 33 057'12" West, 70.07 feet to the westerly line of PARCEL I V -1 -6; Thence leaving said southwesterly line and along said westerly line, North 09 °21'06" East, 1,661.58 feet; Thence continuing along said westerly line, North 46 °39'39" Fast, 427.42 feet to the POINT OF BEGINNING. Containing an area of 1,113,982 square feet, 25.574 acres more or less. Being all of Assessor Parcel Number 430. 283 -09 As shown on "Schedule 1" attached hereto and made a part hereof. For: BKF Engineers By: Davis Thresh, P.L.S. No. 6868 License expires: 09 -30 -2014 Date: K 1SuMU22006 13 ATEP Land Shop 1'Ia:fDWGW.IIN\I.AND EXCNANGF.. L6.GALSbAREA J.da Page 3 of 3 RED MOLL &VEMUE AREA B PARCEL I -E -2 DOC, NO. 20020404595 APN: 430 - 283 -18 .n� AREA J2 = AREAS D. 5, 11, AREA 12A AND 12B PARCEL I -E -1.1 SEE SHEET 3 OF 3 DOC. NO. 2004 - 000369376 FOR LINE AND CURVE TABLES _1 APN: 430- 283 -16 LEGEND Q APN ASSESSOR PARCEL NUMBER P.O.B. POINT OF BEGINNING AREA B PARCEL I -E -2 DOC, NO. 20020404595 APN: 430 - 283 -18 n AREA J2 1.113,982 sq.fl.t 6 25.574 acres± n w x N w In w z x U F Q f AREA C \66\ E 06 09� AREA D TOTAL AREA J �3 AREA 12A 9 Gi PARCEL I -E -1.1 d DOC. NO. 2004 - 000369376 d _1 APN: 430- 283 -16 n AREA J2 1.113,982 sq.fl.t 6 25.574 acres± n w x N w In w z x U F Q f AREA C \66\ E 06 09� AREA D TOTAL AREA J 1, 311,248 sq.ft.t 30.102 acres± In Q W � ZAREA ±.AND N 33'57'12" W D ��` �. a 70.07' - op 39'1131 W DAMS THRESH �, 163.56' R= 1446.04 N 29, No. 6668 0= 21'0]46" Q�G����`r ®b® Qh'1(eCNIQ9C L= 533.27' qf'q , K. WR12 \1220 33 ARP T M\pW \Ui M PJn\AREA J.On rui 1 I U mUL,vmrmlN i IGUHL 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA J2 PLEASANTON, CA 94588 Job NO. 20122006 925 - 396 -770o By MR Date 05/06/14 Chkd.WS E� ®1erwlml�u� 925- 396 -7799 (FAX) SHEET 1 OF 3 RED HELL AVEMUE PARCEL I -E -4 DOC. NO.- --__.y ^ 2004 - 000359376 APN: 430 - 283 -05 N N< I a wN w J O S n /�M {y,�/�ry�2— UMSD®UV II E RD. WN U N w QO N aZ w J o = U < AREA C PARCEL I -E -1.1 am DOC, N0, 2004 - 000369376 wiUn! APN: 430- 283 -10 � 9 uVu N 46'39'39" E a 9 42� 2, Q P.O.B. -A S 49'19'54" E e AREA J2 62.79' NtP 1,113,982 sq.ft.± Cl L1 a AREA 10 6 25.574 acres± r. PARCEL IV -J -4 ® o9ry �6 AREA D L3 N 20020404590 L°3 S 35'44'30" W (R) IV APN: 430 - 282 -11 ® PARCEL -J -6 DOC. NO. 20020404590 R =1447.04' PARCEL IV -J -5 6 APN: 430- 283 -09 6-11'53'59" DM N0. 20020404590 L- 300.54' APN: 430 - 282 -10 S 40'38'46" W 486.27' Z Lo Q AREA 8 `rm V. L5 L4 UJ �^ PARCEL IV -J -7 y "p: a• DOC. NO. 20020404590 AREA 15 APN: 430- 283 -10 L7 cz `�l o > PARCEL IV -J -8 Is, ��J6• �N m DOC. NO. 20020404590 p"N C3 C4 LB AREA 11 APN: 430 - 283 -it 35� mss• h 5 j c5-- m, � 610 C8 L10 Liles R= 1354.04' ®a �� 6= 23'27'25" C9 qa �' L= 554.34' C5 v C7 C11 4670 WILLOW RD Subject SCHEDULE 1 - SUITE 250 AREA J2 PLEASANTON, CA 94588 Job No, 20122006 Tr 925- 396 -7700 By MR Date 05/06/14 Chkd.WS- [o �ISrrnWnIPU® 925- 396 -7799 (FAX) SHEET 2 OF 3 EXHIBIT J Notice of Effective Date EXHIBIT J 5764- 54062\APB360W GRMIII 191275.8 5/13/14 RECORDING REQUESTED I3Y AND WHEN RECORDED MAIL TO: Vice Chancellor, Business Services SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT 28000 Marguerite Parkway Mission Viejo, California 92692 -3635 Exempt from Recording Fees Per Government Code Section 6103 (Space Above Jor Recorder's Use) MEMORANDUM OF EFFECTIVE DATE OF AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT THIS MEMORANDUM OF EFFECTIVE DATE OF AMENDMENT NO, 1 TO DEVELOPMENT AGREEMENT ( "Memorandum ") is entered into as of , 2014 by the CITY OF TUSTIN, a municipal corporation ( "City ") and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD "). City and SOCCCD are sometimes collectively referred to herein as the "Parties." RECITALS A. City and SOCCCD executed that certain "Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for the Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Campus" dated May 22. 2013 and recorded on May 23, 2013 in the Official Records of Orange County, California (the "Official Records ") as Instrument No. 2013000312295 (the "Development Agreement "). B. On August 9, 2013, pursuant to the tenns of the Development Agreement, City and SOCCCD caused a Memorandum of Effective Date of Development Agreement to be recorded in the Official Records as Instrument No. 2013000475496. C. City and SOCCCD executed that certain `Amendment No. 1 to Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for the Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Campus' dated , 2014 and recorded on , 2014 in the Official Records as Instrument No. 2014 (the "Development Agreement Amendment ") amending the Development Agreement. 5764 - 14062 \RJD403 \11932555 4/18/14 D. Pursuant to Section 3 of the Development Agreement Amendment, the Development Agreement Amendment shall not become effective until the "Amendment Effective Date" (as such tern is defined in the Development Agreement Amendment). Also pursuant to Section 3 of the Development Agreement Amendment. the Amendment Effective Date shall be evidenced by the recordation in the Official Records of this Memorandum executed by City and SOCCCD. E. The Parties desire to confirm that the Amendment Effective Date has occurred by recording this Memorandum in the Official Records. NOW, THEREFORE, the Parties agree as follows: 1. AMENDMENT EFFECTIVE DATE. The Parties agree that the Amendment Effective Date has occurred, which shall be the date that this Memorandum is recorded in the Official Records. Accordingly, the Development Agreement Amendment shall be in full force and effect. 2. EFFECT OF MEMORANDUM. 'File effect of this Memorandum is to confirm that the Development Agreement Amendment shall be an encumbrance against the "SOCCCD Property," as such term is defined in Section 6 of the Development Agreement Amendment. 3. COUNTERPARTS. This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on following page/ 2 5764- 1406MM403] 1932555 4 /18/14 IN WITNESS WHEREOF, the Parties have each executed this Memorandum as of the date first written above. Approved as to Form: City Attorney or Special Counsel By: CITY OF TUSTIN Name: Jeffrey C. Parker Title: City Manager SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT By: Namc: Gary L. Poertner Title: Chancellor 3 2764- 440621RJP:0311193255 5 4/18/14 STATE OF CALIFORNIA COUNTY 01; On , 2014, before me, (here insert name and i i I I e of the officer) personally appeared Jeffrey C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. w1TNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY OF On , 2014, before me, (lure insert name and title of the officer) (SEAL) personally appeared Gary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the ),vithin instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL,) 5764- 4406?1UD40311193255.5 4118114 EXHIBIT K Termination of Agreement EXHIBIT K 5 7 64- 44 0 6 21APB360WGRMI) 1191275.8 5/13/14 TERMINATION OF INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT (MCCAIN SMITH ROAD) THIS TERMINATION OF INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT (MCCAIN SMITH ROAD) (this "Termination Agreement ") is made this day of 2014, by and between the CITY OF TUSTIN ( "City "), a California municipal corporation and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( "SOCCCD "), a California public agency. City and SOCCCD may also be individually referred to in this .Agreement as a "Party" and collectively as the "Parties." RECITALS A. City and SOCCCD entered into that certain Infrastructure Construction and Payment Agreement (McCain Smith Road) dated May 22, 2013 (the "McCain Agreement "). The purpose of the McCain Agreement was to provide for the future reservation of certain easements, and to establish certain obligations of the Parties for the design and construction of McCain Road. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the McCain Agreement. B. Pursuant to that certain Agreement Concerning Valencia Parcel between City and SOCCCD dated , 2014 (the `Valencia Parcel Agreement "), SOCCCD has concurrently with the execution hereof relinquished its right to sublease the Valencia Parcel and to acquire fee title to the Valencia Parcel. C. Pursuant to the McCain Agreement, a portion of McCain Road was to be located on and adjacent to the Valencia Parcel. Given that SOCCCD no longer has any interest in the Valencia Parcel, the Parties desire to terminate the McCain Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and of the covenants, promises and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and SOCCCD agree as follows: 1. Termination. City and SOCCCD hereby agree to terminate the McCain Agreement, effective as of the date first written above. Neither Party shall have any farther rights or obligations to the other under the McCain Agreement. 2. Construction of McCain Road. If City determines that McCain Road is required as part of its development of the Park Site, City shall be solely responsible for the design and construction of McCain Road. 3. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5764- 41062VAPB360\ 1192392.1 3/19114 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. CITY: CITY OF TUSTIN, a California municipal corporation By: Name: Jeffrev C. Parker Title: Citv Manauer SOCCCD: SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a California public agency By: Name: Gary L. Poertner Title: Chancellor 5763 - 1106'_ W P [1360\ 1 192392.1 3/19/14 EXHIBIT L Quitclaim Deed EXHIBIT L 5764- 44062WI1360\AG R M"I\ 1 191275. R 5/13/14 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Vice Chancellor, Business Services South Orange County Community College District 28000 Marguerite Parkway Mission Viejo, California 92692 -3635 Mail copy of Quitclaim Deed and Tax Statements to: City Manager The City of Tustin 300 Centennial Way Tustin, California 92780 Exempt from Recording Fees Per Government Code Section 6103 Space Above This Line Reserved for Recorder's Use QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 STRIP PARCEL THIS DEED is made this day of . 2014, by the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( "SOCCCD ") in favor of the CITY OF TUSTIN, CALIFORNIA, a municipal corporation organized under the laws of the State of California ( "CITY "). RECITALS: WHEREAS A. CITY requested from the United States of America (the "Government ") conveyance of a portion of the former Marine Corps Air Station Tustin, ( "MCAS Tustin ") which was closed pursuant to and in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Pub. L No. 101 -510; "Base Closure Act ") and which is no longer required for military purposes; B. The Government and CITY entered into that certain Agreement between the United States of America and the City of Tustin, California, for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin, dated May 13, 2002 as amended by "Modification One (1)" dated April 10 2006, "Modification Two (2)" dated July 31, 2006 and "Modification Three (3)" dated December 19, 2011 (as so amended and modified, the "Navy -City Conveyance Agreement ") 5764- 44062MD403\ 1 199292.5 5(I /14 which sets forth the terms and conditions of the conveyance of portions of MCAS Tustin from the Government to CITY: C. Pursuant to California Civil Code § 1471 and a Finding of Suitability to Transfer ( "FOST "), the Government determined that it is reasonably necessary to impose certain restrictions on the use of the City Property to protect present and future human health or safety or the en•iromuent as a result of the presence of hazardous materials on portions of the City Property described hereinafter with particularity; D. CITY and SOCCCD entered into that certain Agreement between the City of Tustin and the South Orange County Community College District for the Conveyance of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus, dated April 22, 2004, as amended (as so amended, the "City- SOCCCD Conveyance Agreement ") setting forth the terms and conditions of the conveyance of a portion of the City Property from CITY to SOCCCD; 17. Pursuant to the Navy -City Conveyance Agreement, the Government conveyed certain real property at the Marine Corps Air Station, Tustin ( "City Property ") to CfTY; G. In accordance with the City- SOCCCD Conveyance Agreement, CITY conveyed, on one or more occasions, portions of the City Property (the " SOCCCD Property ") to SOCCCD; and Ii. CITY and SOCCCD have entered into that certain Agreement Concerning Valencia Parcel ( the "Valencia Agreement "), pursuant to which SOCCCD has agreed to convey to CITY fee title to a certain portion of the SOCCCD Property to CITY for the consideration set forth in the Valencia Agreement. NOW THEREFORE, SOCCCD, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby remise, release and forever quitclaim to CITY, all of SOCCCD's right, title and interest in and to that.certain real property, comprising tifly- seven one- hundredths of an acre (0.57 acre) more or less (hereinafter "Strip Parcel "), as more particularly described in Exhibit "A." TOGETHER WITH all improvements on the Strip Parcel. 1. SUBJECT TO THE FOLLOWING: 1.1 Encumbrances. City agrees to accept conveyance of the Strip Parcel subject to all covenants, conditions, restrictions, easements, rights -of -way, reservations, rights, agreements, and encumbrances of record, including those set forth in that certain Quitclaim Deed and Environmental Restriction Pursuant to Civil Code Section 1471 (the "2004 Quitclaim Deed ") recorded on April 29, 2004 as Instrument No. 2004000369376 in the Official Records. 1.2 City Oblieations. The quitclaim deed from the Government conveying the City Properly to CITY (the "Government Deed ") was recorded prior to the recordation of the 2004 Quitclaim Deed conveying the Strip Parcel from the CITY to SOCCCD. The Government Deed placed certain obligations ( "City Obligations ") on CITY with regard to the environmental condition of the Strip Parcel. In turn. in the 2004 Quitclaim Deed, SOCCCD acknowledged and assumed the City Obligations. By CITY's acceptance of this Quitclaim Deed, City hereby (a) re- assumes the City 2 5764 - 44062 \RJDD403V 199292.5 5/1/14 Obligations; (b) acknowledges that SOCCCD's assumption of the City Obligations is terminated; and (c) forever releases SOCCCD Gom the City Obligations: provided, however, that SOCCCD shall remain liable for any breach of the City Obligations during the period in which SOCCCD had ownership and possession of the Strip Parcel. 2. "As is, Where Is. With All Faults ". SOCCCD makes no warranties regarding the environmental conditions on the Strip Parcel; SOCCCD has no knowledge regarding the accuracy or adequacy of the Government`s rennediation of the City Property as provided in the Government Deed. CITY acknowledges that it has examined the Strip Parcel and is acquiring the Strip Parcel from SOCCCD in an "AS 1S, WHERE IS, WITH ALL, FAULTS" condition, in its present state and condition and with all faults, which provisions shall survive the close of escrow related to this transaction and do not merge with this Deed. 3. COVENANTS RUNNING WITH THE LAND. The terms of this Deed, are hereby agreed and declared by SOCCCD and CITY and declared to be covenants running with the land and enforceable as restrictions and equitable servitudes against the Strip Parcel, and are hereby declared to be and shall be binding upon the Strip Parcel and SOCCCD and the successors and assigns of SOCCCD owning all or any portion of the Strip Parcel. 4. NOTICES: All notices, consents, demands, requests and other communications a party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first -class mail to the address set for below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty -eight (48) hours from the time of mailing if mailed as provided in this Section: If to CITY: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Manager With a copy (which shall not constitute notice) to: David Kendig, City Attorney Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 If to SOCCCD: Vice Chancellor, Business Services South Orange County Community College District 8000 lvlarguerite Parkway Mission Viejo, CA 92692 And to: Andrew P. Bernstein, Esq. Jackson DeMarco Tidus & Peckenpaugh 2030 Main Street, 12th Floor hvine, California 92614 3 576444062Ut1D40311199292.5 511/14 IN WITNESS WHEREOF, SOCCCD has caused its name to be signed to this Deed on the day first above written. SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT By: Name: Gary L. Poertner Title: Chancellor Date: 2014 ACKNOWLEDGEMENT OF CITY'S COVENANTS TO INDICATE ACCEPTANCE of its covenants and agreements contained in this Deed and receipt of the documents described herein. CITY has executed this document on the date written below. Attest: Name: Title: City Clerk Approved as to Form: Name: David Kendig, Esq. Title: City Attorney CITY OF TUSTIN By: Name: Jefticy C. Parker Title: City Manager Date: 2014 4 5764- 44062,RJD403\1199292.5 511114 STATE OF CALIFORNIA COUNTY OF On 2014, before me, (here imerl name and title or the officer) personally appeared Gary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY 01' On , 2014, before me, (SEAL) (here insert name and title or the officer) personally appeared .Jeffrey C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) 5 576444062%.11)40311 1992915 511114 EXHIBIT A Legal Description of Strip Parcel To Quitclaim Deed and Environmental Restriction Pursuant to Civil Code Section 1471 (Strip Parcel/ 1199289) 5764- 44062\RJW03V 199292.5 5 /1 /14 2 3 4 5 6 7 8 9 10 —11 12 13 14 15 16 17 Is 19 20 21 22 23 24 I;PSOMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of California, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, both of the records of said County, described as follows: Parcel I -E -4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 40 037'39" East between Valencia Avenue and Warner Avenue; thence South 49 °20'07" East 103.05 feet; thence South 40 °39'53" West 52.00 feet to the True Point of Beginning; thence South 49 °20'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central angle of 1 °54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bears North 42 °34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16 °18'19 "; thence South 31`06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through it central angle of 12'42'56 "; thence South 43 049'53" East 61.09 feet to the begintung of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14 °09'14'; thence South 57 °59'07" East 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14 °09'17 "; thence South 43 °49'50" East 9.46 feet to the beginning of a curve I' ^Su,tys\2tus0102CLM[ ortsl]egnLPorcel LC.4.0m 412602 2'.06 I'M Page 1 of 2 1 2 3 4 5 6 7 8 9 to ll 12 13 14 15 16 17 18 19 20 21 I 22 MSOMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2 °32'29 "; thence South 02 051'08" East 23.41 feet; thence South 47 019'39" East 11.70 feet; thence South 40 °29'44" West 47.00 feet; thence North 49 019'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40 °37'39" East 59.07 feet to a point lying South 8598'32' West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85 °38'32" Last 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. prepared under try supervision Walter A. Sheek Y.L.S. 4838 Revised April 17, 2002 2 z a I Date F15urveys@ tus010200 \repom\legal4'arcel_].e Cdnc 4!26!02 2:06 PNI Page 2 of 2 LANG A is 1938 �* EXPIRES: 9/30/04 F OVEO BY DATA cA SANTA 1i ROAD J.T. wl RS 0 7­10-j-3 n VALENCIA AVE. S40 39'53W 0473C441 — F.O.B. 52.00• D of 0 W� Qm J I J_ h 1� wl ml I I I I I �I I g�M to I� I I I I �I §I zl I I I I EXHIBIT B PARCEL I —E -4 I-E 0.57 AC, N49'19.54`w 35!.09' gFARINC ND. iABLE_�I , 3:mNG DISTANCE 922 p 7 r 31 E 3.,6 3} L3 54 .E 95T59T] Cfi.66 ___61.09 Ls I: 5.46 g 502'51 DAfE,I 23.41 L. 47193 E+ 71 lg N4P37„>�� 1 t L9 9 4J Z3 21,E! !iSgl i }6'/c' j Ltt iN60'2��_9 w• I 7j„1� NOT A PART LOT 8 LOT 33 'm ml; I: c� L g \ m i C1 I � � (/7 ^u^ �I :I LQ �ALLnp 11 .` M r1l�ySV �A A LS ..b (C7� 1450" , 89' IAS26 _ / CB ' S0 354 '"0139 i I / 5960 / 1 AP / 1j96� / DATE �I f LB 922'21']22: YI L11 7z,00' ca i WARNER AVE. ?�D P ... W FE -4 IFcNIDD of 0... Plm DIrymlVUn s MCAS - TUSTIN P S O M A S 14, tl16Mr Im.n� -In b•P9�4w U) i c� OVED BY I I o S ,EXHIBIT M Interim Lease Amendment EXHIBIT M 5764.44062WB3601A0 Rh1711191275.8 5/13/14 I 4I �� IRST AM TN TO LEASE THIS AMENDMENT TO LEASE is made and entered into as of 2014 by and between City of Tustin, a California municipal corporation ( 'Lessor') and South Orange County Community College District, a California public agency ( "Lessee "). WHEREAS, or or about August 8, 2013 a Lease was entered into by and between Lessor and Lessee relating to certain real property commonly known as: the ATEP temporary campus and adjacent oarkinq lot (the "Premises "), and WHEREAS, Lessor and Lessee ❑ have 0 have not previously amended said Lease, and WHEREAS, the Lessor and Lessee now desire to amend said Lease, NOW, THEREFORE, for payment of TEN DOLLARS and other good and valuable consideration to Lessor, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree to make the following additions and modifications to the Lease: 21 TERM: The Expiration Date is hereby ❑ advanced 0 extended to August S, 2017 ❑ AGREED USE: The Agreed se is kereby modified to I ❑ BASE RENT ADJUSTMENT: ❑ OTHER: Paragraph 52 as set forth in the attached Option to Extend is hereby added to the Lease. The sentence "No Option is being granted" is hereby deleted from Paragraph 39. This Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Agreement and any uncertainty and ambiguity shall not be Interpreted against any one party. All other terms and conditions of this Lease shall remain unchanged and shall continue in full force and effect except as specifically amended herein. INITIALS ©2006 - AIR COMMERCIAL REAL ESTATE PAGE OF 2 ASSOCIATION INITIALS FORM ATL -0 -7106E EXECUTED as of the day and year first above written. By Lessor: By Lessee: By: By: Name Printed: Name Printed: Title: Title: NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, $00 N Brand Blvd, Suite 900, Glendale, CA 91203. Telephone No. (213) 687 -8777. Fax No.: (213) 687.8616. L) \PAG INITIALS ©2006 -AIR COMMERCIAL REAL ESTATE ASSOCIATION F T 1'- E/ F2 INITIALS FORM ATL -0.7 106E 4EXTEND Dated By and Between (Lessor)c =tv of Test in, a calif ornia municinal corporation By and Between (Lessee) south orange County Community College District, a California public agency Address of Premises: ATEP temcorary campus and ad!acent parking lot _ Paragraph 52 A. OPTION(S)TO EXTEND: TI Lessor hereby grants to Lessee the option t eaten he erm of his Le s for ore (l) additional six (6 ) month period(s) commencing when the prior rm expir s pon a ch an all f the'ollowing terms and conditions: I) In order to exercise an option o extend, ee must g' a writ( n ndtic>�h electign to Lessor and Lessor must receive the same at least one but not more than s ix months rip the oat that th option period would mmence, time being of the essence. If proper notification of the exercise of an option is no given nd/ r re ived /Such opli $hall automatically expire. Options (if there are more than one) may only be exercised consecutively. (ii) The provisions of paragraph 39, including those relating to Lessee's Default set forth in paragraph 39.4 of this Lease, are conditions of this Option. (iii) Except for the provisions of this Lease granting an option or options to extend the term, all of the terms and conditions of this Lease except where specifically modified by this option shall apply. (iv) This Option is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and without the intention of thereafter assigning or subletting. (v) The monthly rent for each month of the option period shall be calcufated- abfollowt esing- the- methoe(s)46di alai below; (GheGI, MMethod(s)-ta-be-dsed- ana€aFin Approprialel# as 9et forth in the Lea Se a9 Ba9e Rent. Adjustment(s}(COLA) tke- Sase�eM- snaU -be- adjusted -Oy- the - charge -il any - tram -Ihe- Base- MOmh- spacifkd- below -iMhe- Consumer- FriOe Index- of�Bareae- of -La6er S retie( ics- ol- Ihe- 1{ S- OepartmenFOf- Labocierjselact- one } -�OW W- (:)roan Waya- Eainers -andGl erica l- Werkers)- or- BGFI- UIAJI- Urban- Consumers); foc ( €iu -iw UrbarMrea)- - AlFltema -Etg02 3884 = X88)- Aereirrreferredao -as�RH 0)2000 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OE -3.8 100E Calendar - Mont h -whi6h is- 2-months prwNO {6elecl- one);-[] - the - firaFmom4 -ot the- term -of-ih eFtogp + a- paragraph- l- 3{"s asa Mon t W) -or-e (F.3;n Other - ' Bass - Month")= Tae- 6umaooaicu1 ated 6nall oonst -me Ine new morlmly renFheleunder- but -In no event,- shall- any - such -news Ihty rant-�hanihe (ant- payable a— Dn- (Fill -in -MR V- Ad}uslmen{ -Date{ 6)i the Base Rw"hallbe- adjustedao the±Markel RentaWa6eLc44 apropertyasfd1I w - i}- Feer- mOnlps-prioHo- Each- Markel-Remai- ValeaAdiasimanl -Dole deb ilded-above;-ibe Ranlea- sh3Hallainq 6-e(jlBaUpen-whaF the -na, MR11 w Woe- ol;4he adjustment date. It agruemenl canal be reached,-withirNhiny-days -then, (a)- Lessor -and Lessee shall immediatelyappolnl -a mutually- accaptablaapprauer or- brokerto establish lheaew-MRV-within +hanext 30 days- Any- aiiwoiatao costs wiH be- soNLequally- oelween the Paniea -o+ (b}- 8olp- Lessor -and Lessee -shall each imnnediatelyanaka -a raasonabadetemunaFion -of Ins MRV­and-;;44w4-6uGh-"ernirna6on -in writing- te- arbitralioatinaccomaa6awilRMe- lelbw7ng- pseWSicn6= (i)- Yr'it3k>;8- days- Ipereaf ter - Lesser- and- 6essae - selesian- i3- appraisecor -B kuoker- ( "COnsuNant- .cheok.onayoPhe4 siwico- to- aU- as- an- arbival« The- Iwo-arbitratas- soappointed- shall - immediately- 6elec4- a- 1pi rd- muWaHy- asseplabla0omdkaMNe- asters -a -third arbl{rator- (ii)- Tna3arbit razors- sWHw+ithia- 30aays -ot- the- appoininwni -of the - thi Pal - arb4falecseaoh- aEeasion -asJo- what- lnaactualMRV -tor lhePrem +sesis,_and whether Lessor's a- Lessees - submitted MRV -ia- the- ebsesF- (hereto hededi6bn -ola- majority -of- the- arbilratws shall -be billing on the - Parties, The-oubmil led -MRV -which is delerminedto- batheabsesliotheacW"R"hall thsfeaflerJraused by Ih Parties- 3}ihe new MRV will -bec _Ihe- new - Base- Renk-f oNhe- purpo6eufcalcrllati ry}any- fuaper- Adjustments -and - B-111-- Fke4Renlal -Adjus lment {s) -{FRA) ThaBase- RenFShaH-0eanoreasedto-the following anwum6- en- N,saatez6e;- Penh -oebw- On (Fill inFRA- Adju6lmem Dale(&)} The -Nsw- Base - Rant - 6hall ka 8-- NOPCE� Unless 6peo4hed-olhelw -Ge paragraph- 23-01-Ihe_L"w C— BROKER''S -FEE; INITIALS ®2000 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OE•3.8 100E The- 8rekers- shall -Oe- paid- a- 8reicerage- iee -/ «- each- adjustman7�pasif�e9- above- in- accerdancs with- paragrapt�75- oi- Ihe- kease -w-if app1iGab4,paragrap44 of +Na Sublease: NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: ALR Comm gc al Real Estat Assocfation-500 N_Eran! Rlvd, Suite 900, Glendale, CA 97203. iele one o>113) 687- 7 7. Fa>Itj No,: (273) 687.868. � � I I \ PAGA3oF INITIALS INITIALS 02000 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OE- 3 -B100E EXHIBIT N Valencia Parcel CC &Rs EXHIBIT N 5764- 440f,2 \A PB360\AG R M111 191275.8 5113/14 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Vice Chancellor, Business Services SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT 28000 Marguerite Parkway Mission Viejo, California 92692 -3635 Exempt from Recording Fees Per Government Code Section 6103 (Space Above for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSING USE RESTRICTION (VALENCIA PARCEL) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSING USE RESTRICTION ( "Declaration ") is made by the CITY OF TUSTIN, a municipal corporation ( "City ") in favor of the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD "), and is entered into this day of . 2014 (the "Effective Date "). RECITALS A. City is the owner of a leasehold interest in certain real property located in the City of Tustin, County of Orange, State of California more particularly described in Exhibit A attached hereto (the "City Parcel "). B. SOCCCD is the owner of fee title or a leasehold interest in certain real property located adjacent to the City Parcel more particularly described in Exhibit B attached hereto (the " SOCCCD Parcel "). The City Parcel and the SOCCCD Parcel are located in Neighborhood A as described in that certain MCAS Tustin Specific Plan/Reuse Plan originally adopted by City on February 3, 2003, as subsequently amended through the Effective Date (as so amended, the "Specific Plan "). C. This Declaration is recorded at the request of SOCCCD to impose certain use restrictions on the City Parcel for the benefit of the SOCCCD Parcel. 576444062\APB360iC CRS\ 1 197611.3 511 /61 NOW. THEREFORE. City hereby declares as follows: USE RESTRICTION. The City Parcel shall only be used for the following purposes: (a) The following permitted uses identified in Section 3.3.3.A. of the Specific Plan: (i) bailfrelds, courts, playgrounds and other recreation facilities; (ii) public park; and (iii) sports field lighting where lighting is designed to confine direct rays and glare to the premises; and (b) Accessory uses and structures identified in Section 3.3.3.13, of the Specific Plan, when customarily associated with and subordinate to a permitted use identified above on the same site, including without limitation the following: (i) maintenance facilities and structures, enclosed and screened outdoor storage; (ii) support commercial concessions; (iii) gazebos; and (iv) parking. 2. RUN WITH THE LAND. All provisions of this Declaration are imposed as equitable servitudes on City's leasehold interest in the City Parcel for the benefit of the SOCCCD Parcel (to the extent of SOCCCD's interest therein); provided however, at such time as City or its successor in intererst acquires fee title to all or any portion of the City Parcel, then this Declaration shall automatically be imposed as an equitable servitude on fee title to cacti portion of the City Parcel so acquired. All covenants, conditions and restrictions in this Declaration shall (a) run with and burden City's leasehold interest in the City Parcel; provided however, at such time as City or its successor in interest acquires fee title to all or any portion of the City Parcel, then this Declaration shall automatically run with and burden fee title to cacti portion of the City Parcel so acquired; and (b) be binding on and for the benefit of all of the SOCCCD Parcel (to the extent of SOCCCD's interest therein) and all persons acquiring all or any portion of SOCCC'D's interest in the SOCCCD Parcel. 3. COUNTERPARTS. This Declaration may be executed in two or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4. INCORPORATION OF EXHIBITS. Each of the exhibits attached to this Declaration is hereby incorporated into this Declaration by this reference. /Signatures on Following Pagel 5 764- 44062W'B 360 \CCR S\ 1 197611.3 511114 IN WITNESS WHEREOF, the Parties have each executed this Declaration as of the date first written above. Approved as to Form: City Attorney or Special Counsel By: _ Name: Title: David Kendig, Esq. City Attorney CITY OF TUSTIN Name: Jeffrey C. Parker Title: City Manager SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT By: Name: Gary L. Poertner Title: Chancellor 5764- 44062 \APB360\C(. RS\ 1 197611,7 5/1/14 STATE OP CALIFORNIA COUNTY OF On , 2014, before me, (here insert name and title of the oil! ccit personally appeared Jeffiev C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) STATE OF CALIFORNIA COUNTY OF On 2014, before me, (here insert name and title of the officer) personally appeared Gary L. Poertner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) 5764- 44062b1Rn360ACCRSII 197611.2 511114 EXHIBIT A Legal Description otthe City Parcel (attached) (Area 10) EXHIBIT A 5764- 44062W11360TOM 1 19761 1.3 5/1/60 rML April 19, 2013 1 ® BKF No. 20122006 -13 mn BKF Page 1 of 2 EK6t'EERS. SURVEYORS PuNNERS LEGAL UF.SCRIPTION OF ARFA NO. 10 Tustin, CA Portion of AP.N: 430 -282 -I1 and All of APN: 430- 282 -10 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL, IV -1-4 and all of PARCEL IV -1-5 as said parccts are described in that certain document entitled "SHORT FORM NO] ICE OF LEASE IN FURTHERANCE OF CONVEYANCE" filed for record on May 14, 2002 in Doc. No. 20020404590, Records of Orange County, more particularly described as follows; BEGINNING at the most northeasterly corner of said PARCEL IV -J -5; Thence along the easterly line of said PARCEL IV -J -5, South 07'11'09" West, 236.11 feet to the southwesterly line of said PARCEL IV -J -5; Thence along said southwesterly line of PARCEL IV -J -5 and PARCEL IV -J -4 the following five (5) courses: I. North 73 031'26° West 47.60 feet; 2. South 64 004'33" West, 24.04 feet to the beginning of a tangent curve having a radius of 1038.68 feet; 3. Northwesterly along said curve, through a central angle of 05 °27'40 ", for an arc length of 99.00 feet to the beginning of a compound curve, having a radius of 1353.04 feet; A. Along said curve northwesterly, through a central angle of 16 °07'53" for an arc length of 350.94 feet; 5. North 49 °1954" West, 183.31 feet; Thence leaving said southwesterly line, North 40'40'06" East, 325.27 feet to the northeasterly line of said PARCEL IV-J -4; Thence along said northeasterly line of said PARCEL tV -J -4 and continuing along the northeasterly line of said PARCEL IV -5, South 49'10'56' East, 576.11 feet to the POINT OF BEGINNING. Page I of 2 Containing an area of 197,272 square feet or 4,529 acres more or less. Being a pomon of Assessor's Parcel Number 430 -282 -1 t and all of Assessor parcel number 430 - 252 -10 As shwm on "Schedule I" attached hereto and made a part hereof. For: BKF Engineers :..;�" By: W-1 Ttinlr$t; Davis Thresh, Y.L.S. No. 6863' 3 License expires: 09 -30 -2014 Sr.is. Date: K lbwl2'A22UMA AI U' Land GXCIIANGC IO.doc YaL'e 2 o4 I PROPOSED AREA 7 40'40'06" PARCEL IV -J -5 DOC. NO. 20020404590 R= 1038.68' N 19'04'33" E(R) L= 99,00' / 5 64'04'33" W 24.04' 9 O N 73'31'26" W� 47,60'-- K: \SUR12\122006- 13PLATS \LAND SWAP 10.1)WG m PLAT TO ACCOMPANY LEGAL DESCRIPTION .� NMI lly r 600 SOUTH MAIN STREET LAN Et SCHEDULE 1 SURE 920 LANG EXCHANGE AREA 10 ORANGE, CA 92858 Job No. 20102006 -13 714- 415 -0500 By R _ Date 4/19/13 Chkd.WS En®tl>WPrIPUam� 714- 415 -0599 (FAX) SHEET 1 OF 1 LAND EXCHANGE aP AREA NO. 10 ° 197,272 sq. ft.± p 4.529 acres± PARCEL IV -J -4 Q DOC. NO. 20020404590 SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430 -282 -11 N O _ _ m a N R= 1353.04' �= 16'07'53" LEGEND L= 380.94' P.O.B. POINT OF BEGINNING SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT APN: 430 - 282 -10 CITY OF TUSTIN APN: 430 - 282 -26 PARCEL IV -J -5 DOC. NO. 20020404590 R= 1038.68' N 19'04'33" E(R) L= 99,00' / 5 64'04'33" W 24.04' 9 O N 73'31'26" W� 47,60'-- K: \SUR12\122006- 13PLATS \LAND SWAP 10.1)WG m PLAT TO ACCOMPANY LEGAL DESCRIPTION .� NMI lly r 600 SOUTH MAIN STREET LAN Et SCHEDULE 1 SURE 920 LANG EXCHANGE AREA 10 ORANGE, CA 92858 Job No. 20102006 -13 714- 415 -0500 By R _ Date 4/19/13 Chkd.WS En®tl>WPrIPUam� 714- 415 -0599 (FAX) SHEET 1 OF 1 EXHIBIT B Legal Description of the SOCCCD Parcel (attached) (Area H2) EXHIBIT B 5764- 4406DAPB360\CCRS\ 11976113 5/1/14 o 11 n Lai B K F Eeeiurtts I SutverOes- PuxxrIts SOCCCD Property on Effective Date w/ ROW Tustin, CA AREA H2 Portion of APN: 430- 283 -16 and 430- 283 -18 And all of 430 - 283 -10 and 430 - 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 5 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I -E -1.1, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -1 -6 and all of PARCEL IV -J -7, as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE W FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled "QUITCLAIM DEED E. AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 112: COMMENCING at the most northwesterly corner of said PARCEL 1 -E -2; Thence along the northwesterly line of said PARCEL I -E -2, the following five (5) courses: I. North 40 03739" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 037'39" East, 180.00 feet; 4. North 49°22'21" West, 12.00 feet; 5. North 40037'39" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly the following ten (10) courses: I. North 40 037'39" East, 376.02 feet; 2. North 49 °22'21" West, 5.00 feet; 3. North 40 037'39" East, 797.89 feel; Page 1 of 5 4. South 49 022'21" East, 131.81 feet to the beginning of a tangent curve concave to the northeast, having a radius of 25.00 feet; 5. Along said curv_, through a central angle of 31 °01'38 ", for an are length of 13.54 feel; 6. South 80 023'59" Fast, 76.58 feet; 7. South 86`54'41" East, 259.66 feel the beginning of a tangent curve, concave to the northwest, having a radius of 14.50 feet; 8. Easterly and northerly along said curve, through a central angle of 86 °28'53 ", for an arc length of 21.89 feel to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Northerly and northeasterly along said reverse curve to the right through a central angle of 33 053'17 ", for an arc Length of 214.11 feet; 10. North 40`29'44" East, 282.84 feet to the northeasterly line of said PARCEL I- E -1.1; Thence continuing along said northeasterly line said PARCEL I- E - I.I, South 47 019'39" East, 44.34 feet; Thence continuing along last said northeasterly line of said PARCEL I -E -1 .1, the following four (4) courses: 1. North 85 °40'06" East, 24.04 feet; 2. South 49 019'54" East, 9.96 feet to the beginning of tangent curve concave to the northeast having a radius of 3,108.58 feet; 3. Southeasterly along said curve, through a central angle of 02°18'05 ", for an arc length of 124.86 feel to the beginning of a reverse curve, having a radius of 3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 02 018'05 ", for an arc length of 124.22 feet; Thence continuing along said northeasterly line and the northeasterly line of said parcel IV -J-6, the following sixteen (16) courses: I. South 49'19'54" East, 313.83 feet to the beginning of tangent curve concave to the northeast, having a radius of t,447.04 feet; 2. Along said curve, through a central angle of 01 023'53 ", for an are length of 35.31 feet; 3. South 04058'49" East, 24.36 feet; 4. South 54 027'57" East, 56.24 feet; 5. North 83015'15" East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having radius of 1,447.04 feet, to which point a radial line bears South 35 044'30" West; 6. Southeasterly along said curve, through a central angle of 11'53'59 ", for an arc length of 300.54 feet; Page 2 of 5 7. South 66 009'29" East, 52.51 feet; 8. South 21'09'25" East, 24.04 feet; 9. South 6801715" East, 62.36 feet; 10. Thence North 64 °09'20" East, 23.85 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet, to which point a radial line bears South 19 014'54" West; 11. Southeasterly along said curve, through a central angle of 04 056'38 ", for an arc length of 94.07 feet to the beginning of a compound curve, having a radius of 1,464.04 feet; 12. Along said curve, through a central angle of 00 °41'45 ", for an are length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 11054'29", for an arc length of 29.51 fcer, 14. South 64 °29'00" East, 15.88 f et to the beginning of a tangent curve concave to the nonlicast, having a radius of 158.00 feel; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length of 41.02 feet; 16. South 79021'27" East, 218.54 feet to the southeasterly line of said PARCEL IV -J -6; Thence leaving said line and along said southeasterly line the following eleven (11) courses: 1. South 31 020'58" East, 40.12 feet; to the beginning of a non tangent curve, concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 020'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an arc length of 48.38 feet to the beginning of a cumpound curve, having a radius of 42.00 feet; 3. Southwesterly, along said compound curve through a central angle of 16 °1124 ", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of tangent curve concave the east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13044'05 ", for an arc length of 13.90 feet to the beginning ofa reverse curve, having a radius of 1,3420.04 feet; 6. Southerly along said reverse curve to through a central angle of 02°2721" for an are length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13 °44'05 ", for an arc length of 13.90 feet; 8. South 09 °52'5 l" West, 33.43 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; Page 3 of 5 9. Along said curve, through a central angle of 16 01124 ", for an arc length of 11.87 feet to the beginning of a compound curve, having a radius of 1,354.04 feet; 10. Along said compound curve through a central angle of 23 02725 ", for an arc length of 55434 feet; 11. North 15 °49'01" West, 382.89 feet to the southeasterly line of said PARCEL IV -1 -7; Thence leaving said southeasterly line of said PARCEL IV -1 -6 and along the southeasterly line of said PARCEL IV -1 -7, South 71 036'25" West, 351.77 feet; Thence continuing along said southeasterly line of said APARCEL IV -1 -7 and continuing along said southeasterly line of PARCEL IV-J-6, North 77`38'59" West, 256.30 feet; Thence along the southeasterly line of said PARCEL IV -1 -6, the following four (4) courses: I. South 40 038'46" West, 486.27 feet; 2. South 49 °21'14" East, 459.00 feet to the beginning of a non tangent curve concave to the southeast, having a radius of 1,446.04 feet, to which point a radial line bears North 29 °41'43" West; 3. Southwesterly along said curve, through a central angle of 21 °0746 ", for an are length of 533.27 feet; 4. South 39 °10'31" West, 163.56 feet to the southwesterly line of said PARCEL IV -1 -6; Thence along last said southwesterly line, North 33'57'12" West, 70.07 feet to the westerly line of said PARCEL IV -J -6; Thence leaving said southwesterly line and along said westerly line, North 09 021'06" East, 300.94 feet to the southeasterly line ors-aid PARCEL 1- E -1.1; Thence along last said southeasterly line the following four (4) courses: I. North 50 049'29" West, 398.40 feet; 2. South 4099'15" West, 88.79 feet; 3. North 50 00815" West, 157.68 feet; 4. South 39 °51'45" West, 231.82 feet; "thence leaving last said line, North 49 020'45" West, 213.37 feet; Thence North 40 03915" Fast, 20.88 feet; Thence North 49 °20'45" West, 718.34 to the TRUE POINT OF BEGINNING. Page 4 0175 Containing a total area of 2,838,194 square feet, 65.156 acres more or less. Being a portion of Assessor's Parcel Numbers: 430 - 283 -16 and 430 - 283.18. Being all of Assessor Parcel Numbers 430 - 283 -09 and 430 - 283 -10. As shown on "Schedule V attached hereto and made a part hereof. For: BKF Engineers By: Davis Thresh, P.L.S. No. 681 License expires: 09 -30 -2014 Date: K: \Sur12\I22W_ 6.13 ATEP Land &evp 11a0DWGWAIN\LANU EXCHANGE. LEGALSW,REA 11. doc Page 5 of 5 RED NOLL AVENUE P.O.C. Li N 40'37'39" E N 40'37'39" E AREA H� \ N 40.37'39° E 21 \ 180 343.98' , 376.02' 74 AREA H2 = AREAS B, C, D, 3, 4, 5, 11, 12A and 128 SEE SHEET 3 OF 3 FOR LINE AND CURVE TABLES LEGEND APN ASSESSOR PARCEL NUMBER P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING 1Q DOG. NO. 2004000396376 ryc,6 DAMS THRESH No. 6868 AREA H1 N AREA B z PARCEL I —E -2 DOC. NO. 20020404595 a APN: 430 - 2133 -18 0 N 4 a AREA H2 PARCEL I —E -1 ,1 2.838,194 � 65.156 acres± resf N 40'37'39" E 797.89' N 33'57'12" W 06 1E oetioo9e AREA 12B PARCEL IV —J -6 DOC. NO. 20020404590 S 39'10'31" W 163.55' R=1446.04' A= 21'0746" L= 533.27' AuRKMOMS LWENUE AREA 6 ILL N L26 w N w AREA 12A J U a PARCEL I —E -1 ,1 G. N. 24 9376 000- 00036 £ a APN: 430 - 283 -16 S 39'51'45" W z 231.82' o Q , S 40'39'15" W °w 88.79' 0o � AREA 4 f z N a AREA D U O tD A (O �O AN O N 33'57'12" W 06 1E oetioo9e AREA 12B PARCEL IV —J -6 DOC. NO. 20020404590 S 39'10'31" W 163.55' R=1446.04' A= 21'0746" L= 533.27' AuRKMOMS LWENUE AREA 6 ILL N N Q A ol r�W � m N R:SUn]\ 32004.1) �1FP PUR way xwxwa P"nWEA �.oK PLAT TO ACCOMPANY LEGAL BKF SUIT WILLOW RD Subject SCHEDULE 1 sulrE 250 AREA H2 3_ PLEASANTON, CA 94588 Job NO. 20122006 925- 396 -7700 By MR Date 05/06/14 Chkd.WS 1 ®Isaw x,4u lru� 925- 395 -7799 (FAX) SHEET 1 OF 3 N w N w N z J U a s AREA C a �G Q d M9 AREA 4 a AREA D N N Q A ol r�W � m N R:SUn]\ 32004.1) �1FP PUR way xwxwa P"nWEA �.oK PLAT TO ACCOMPANY LEGAL BKF SUIT WILLOW RD Subject SCHEDULE 1 sulrE 250 AREA H2 3_ PLEASANTON, CA 94588 Job NO. 20122006 925- 396 -7700 By MR Date 05/06/14 Chkd.WS 1 ®Isaw x,4u lru� 925- 395 -7799 (FAX) SHEET 1 OF 3 N 40'37'39" E 797.89' OD W w Z W Q J J W S 49'22'21" E 131.81' N N Na 10 � wp Q I N F -O w wo _ U y QO w aZ m U W O i RGED MOLL L &VIENUE AREA 16 PARCEL I -E -4 C1 '� DOC. NO. S 2004- 000369376 s APN: 430 - 283 -05 �s. c�S9fpF s �• s. �.F N 40'29'44" E y L R= 362.00' 282.84 L C 6= 33'53'17" R= 3108.58' L- 21411' 6= 2'18'05' AREA H2 - L =124.86' 2,838,194 sq.ft.f (124,83')01 65.156 ccrest R- 3092.58' AREA 10 6= 2'18'05" Q AREA C L =124.22' NO. PARCEL I -E -1.1 u 2901 00430 DOC, NO. 2004 - 000369376 0 -2 j APN: 430 - 283 -10 a <{ 2 y j 'n L20 Q L21-� LLJ P .W o. �'p+ PARCEL IV -J -7 N o ? il DOC. N0. 20020404590 L23 m APN: 430 - 283 -10 C 10 R AREA 11 AREA 15 S 3S 6as 5 �y1A% l Cl l L24 / J � PARCEL IV -J -g K' C13� � DOC. NO. 20020404590 qA I I APN: 430 - 283 -11 -Ih C� Cl8` C16` L26 ,ry/ R= 1354.04' L27 / 6= 23'27'25" C17 \\ �/ L= 554.34' `C19 015 14 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA H2 red PLEASANTON, CA 94588 Job N0. 20122006 925- 396 -7700 By 1M— Date 05/06/14 Chkd.W'S E ff ff� 925- 396 -7799 (FAX) SHEET 2 OF 3 m cn AREA 10 .mg -4 [APN: RDOC.I AREA D C9 NO. AREA 4 L17 � 2901 00430 PARCEL IV -J -5 -2 j DOC, NO. 20020404590 APN: 430 - 283 -09 L19 W (R) 5-3_5443 -0" PARCEL IV-J -5 OOC. NO R =1447.04' 20020404590 0=11'53'59" `APN: 430- 282 -10 c 4rc19'46 °W 486.27' L= 300.54' 2 y j 'n L20 Q L21-� LLJ P .W o. �'p+ PARCEL IV -J -7 N o ? il DOC. N0. 20020404590 L23 m APN: 430 - 283 -10 C 10 R AREA 11 AREA 15 S 3S 6as 5 �y1A% l Cl l L24 / J � PARCEL IV -J -g K' C13� � DOC. NO. 20020404590 qA I I APN: 430 - 283 -11 -Ih C� Cl8` C16` L26 ,ry/ R= 1354.04' L27 / 6= 23'27'25" C17 \\ �/ L= 554.34' `C19 015 14 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA H2 red PLEASANTON, CA 94588 Job N0. 20122006 925- 396 -7700 By 1M— Date 05/06/14 Chkd.W'S E ff ff� 925- 396 -7799 (FAX) SHEET 2 OF 3 EXHIBIT O Strip Parcel CC &Rs EXHIBIT O 5 7 64- 4 4 0 621A'6360 AGR%Ml 191275.8 5/13/14 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Vice Chancellor, Business Services SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT 28000 Marguerite Parkway Mission Viejo, California 92692 -3635 Exempt from Recording Fees Per Government Code Section 6103 (Space Above for Recor(ler's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSING USE RESTRICTION (STRIP PARCEL) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSING USE RESTRICTION ( "Declaration ") is made by the CITY OF TUSTIN, a municipal corporation ( "City ") in favor of the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD "), and is entered into this day of , 2014 (the "Effective Date "). RECITALS A. City is the owner of fee title to certain real property located in the City of Tustin, County of Orange, State of California more particularly described in Exhibit A attached hereto (the "City Parcel "). B. SOCCCD is the owner of fee title or a leasehold interest in certain real property located adjacent to the City Parcel more particularly described in Exhibit B attached hereto (the " SOCCCD Parcel "). The City Parcel and the SOCCCD Parcel are located in Neighborhood A as described in that certain MCAS Tustin Specific Plan/Reuse Plan originally adopted by City on February 3, 2003, as subsequently amended through the Effective Date (as so amended, the "Specific Plan "). C. This Declaration is recorded at the request of SOCCCD to impose certain use restrictions on the City Parcel for the benefit of the SOCCCD Parcel. 5764- 44062V%PB 360 \CCR S11 199597.2 5/6/14 NOW. TIIEREFORE, City hereby declares as follows: I. USE RESTRICTION. The City Parcel shall only be used for the following purposes: (a) landscaping and open space; (b) any uses that are currently permitted or conditionally permitted pursuant to Section 3.3.4.A. of the Specific Plan; or (c) any accessory uses and structures that are currently permitted pursuant to Section 3.3.4.B. of the Specific Plan. For ease of reference, the text of Sections 33.4.A, and 3.3.4.13. of the Specific Plan as in effect as of the Effective Date is attached hereto as Exhibit C. 2. RUN WITH THE LAND. All provisions of this Declaration are imposed as equitable servitudes on the City Parcel for the benefit of the SOCCCD Parcel (to the extent of SOCCCD's interest therein). All covenants, conditions and restrictions in this Declaration shall (a) run with and burden the City Parcel; and (b) be binding on and for the benefit of all of the SOCCCD Parcel (to the extent of SOCCCD's interest therein) and all persons acquiring all or any portion of SOCCCD's interest in the SOCCCD Parcel. 3. COUNTERPARTS. This Declaration may be executed in two or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4. INCORPORATION OF EXHIBITS. Each of the exhibits attached to this Declaration is hereby incorporated into this Declaration by this reference. /Signatures on Following Page] 5764.44062 APB360\CCRS' 1 199557,2 5/6/14 IN WITNESS WHEREOF, the Parties have each executed this Declaration as of the date first written above. Approved as to Form: City Attorney or Special Counsel Bv: Name: David Kendig, Esq. Title: City Attorney CITY OF TUSTIN Name: Jeffrey C. Parker Title: City Manager SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT By: Name: Gary L. Poertner Title: Chancellor 5764- 44062MB360 \CC RS \I 199557.2 5/6/14 STATE OF CALIFORNIA COUNTY OF On , 2014, before me, (here Insert name and title or the officer) personally appeared Jeffrey C. Parker who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY OF On , 2014, before me, (here insert name mid title of the officer) (SEAL) personally appeared Gary L. Poeitner who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. WITNESS my hand and official seal. Signature: (SEAL) 5761- 4406RAPn360\CCRS \1199557 2 5/6/14 EXHIBIT A Legal Description of the City Parcel (attached) (Area 16) EXHIBIT A 5764- 44062VAPB160ACCRSV11995572 5/6/14 1 2 3 4 5 6 7 8 9 1Q 11 '' 12 13 14 15 16 17 18 19 20 21 22 23 24 PSOMAS Legal Description Exhibit "A" Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of California, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, both of the records of said County, described as follows: Parcel 2 -E -4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 40 037'39" East between Valencia Avenue and Warner Avenue; thence South 49`20'07" East 103.05 feet; thence South 40 °39'53" West 52.00 feet to the True Point of Beginning; thence South 49 020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central angle of 1 °54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bears North 42 °34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16'18'19'; thence South 31 °06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central angle of 12'42'56 "; thence South 43 °49'53" East 61.09 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14 °09'14 "; thence South 57 °59'07" Fast 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14 °09'17 "; thence South 43 °49'50" East 9.46 feet to the beginning of a curve 1 °:\ Surveys \2ms0i0200`,rcpons \Icgil Pucel_I.E.4.Uw 4i2 6IU2 2:06 PM Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IIPSOMAS Legal Description Exhibit "As' Parcel I -E -4 (Portion of Reuse Plan Disposition Site 1) i concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2 °32'29'; thence South 02 051'08" East 23.41 feet; thence South 47 019'39" East 11.70 feet; thence South 40 029'44" West 47.00 feet; thence North 49 °19'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40 037'39" East 59.07 feet to a point lying South 85 038'32" West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85 °38'32" East 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. prepared under my supervision Walter A. Sheek P.L.S. 4838 Date Revised April 17, 2002 F:%Sury eys\2tus 0102001rcpumIjcgaI4arucl_ 1-E -4. dtx 4R6 /02 2:06 PM Page 2 of 2 LS 4939 EEPoRES: 9/ 30/04 APP OVED BY OATS a -Cn o SANTA r[ ..eD T �} J.T. WI RS -- VALENCIA AVE. s40329'ssz.00' 3w N42.34'44'E .I !- — P.0.8. 1 7 orr roero uj� Q JI J Q 1 t �I I I I I I �I I 8I °' Ie I I I I �I �t ZI I I EXHIBIT B PARCEL I -E -4 I'E 0.57 AC. N49'19'54'W 251.99' W.. �'N�TAn'LF UE N-G DISTANCE 1 I 54 E 3.19 i T_Q¢5i E 5,f L4 L4 9x3'49 53 � 61.09 51.09 55TY49 }S.96 1.5 1.6 S<9 57 E 9.46 sDisi D6't_i zf 11 l —AT L A �L9 19 3V `i— LLIi_. N49 7 .1- 11.z3_ 549'2. 21f1 50D' I EIi iNBD'2_Y11i NOT A PART 1130/ -17 S.J. 186/3-1-39. LOT 70 LO-1 03 Im Li Iry . I'v uiN Iry � I I LQ 11 �: U a L� oHw l o: N �tA 4.5 y1fD A S,yY,Lr•1 N T\0 y� u 4�se A L..a v /M/w .•J i dye ! DATE �I � f Ls i C/� N< 22 9'.21'W � — — 131.8L— — L n N49'22'Z;w LI1 7200' CB i WARNER AVE. , L� C 50 07 SCALE: 1'.:100• DESMPDO . vmae ti ­4 tFwLw at R. a FIm uiaaomao s:. MCAS- TUSTIN P S O M A S W S, w ra u mn L! 1 C/1 L� ED BY 11 71 3 { EXHIBIT D Legal Description of the SOCCCD Parcel (attached) (Area 112) EXHIBIT 13 5764- 44062VAPB3601CCRSV1199557,2 5/6/14 ill BKF &GIaERS SUFVIY0MPIMkIRS SOCCCD Property on Effective Date w/ ROW Tustin, CA AREA H2 Portion of APN: 430 - 283 -16 and 430 - 283 -18 And all of 430- 283 -10 and 430. 283 -09 May 06, 2014 BKF No. 20122006 -13 Page I of 5 Real property situated in the City of Tustin, County of Orange, State of California, described as follows: Being a portion of PARCEL I- E -l.l, as said parcel is described in that certain document entitled, "QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on April 29, 2004 in Document No. 2004000369376, And a portion of PARCEL IV -J -6 and all of PARCEL IV -J -7, as said parcels are described in that certain document entitled "SHORT FORM NOTICE OF LEASE IN FURTHERANCE OF CONVEYANCE ", filed for record on May 14, 2002 in Document No. 20020404590, And a portion of PARCEL I -E -2 as said parcel is described in that certain document entitled -QUITCLAIM DEED E AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 ", filed for record on May 14, 2002 in Document No. 20020404595, Records of Orange County, more particularly described as follows; AREA 112: COMMENCING at the most northwesterly corner of said PARCEL I -E -2; Thence along the northwesterly line of said PARCEL I -E -2, the following five (5) courses: 1. North 40 037'39" East, 50.00 feet; 2. South 49 °22'21" East, 12.00 feet; 3. North 40 03739" East, 180.00 feet; 4. North49 122'21" West, 12.00 feet; 5. North 40`3739" East, 343.98 feet the TRUE POINT OF BEGINNING; Thence continuing along said northwesterly the following ten (10) courses: I. North 40 037'39" East, 376.02 feet; 2. North 49 022'21" West, 5.00 feet; 3. North 40 °37'39" East, 797.89 feet; Page 1 oP5 4. South 49 °22'21" East, 131.81 feet to the beginning of a tangent curve concave to the northeast, having a radius of 25.00 feet; 5. Along said curve, through a central angle of 31 °01'38 ", for an arc length of 13.54 feet; 6. South 80 023'59" East, 76.58 feet; 7. South 86 °54'41" East, 259.66 feet the beginning of a tangent curve, concave to the northwest, having a radius of 14.50 feet; 8. Easterly and northerly along said curve, through a central angle of 86 028'53 ", for an arc length of 21.89 feet to the beginning of a reverse curve, having a radius of 362.00 feet; 9. Northerly and northeasterly along said reverse curve to the right through a central angle of 33053'17 ", for an arc length of 214.11 feet; 10. North 40 029'44" East, 282.84 feet to the northeasterly line of said PARCEL I - &1.1; Thence continuing along said northeasterly line said PARCEL I -F -I .I, South 47 019'39" East, 44.34 feet Thence continuing along last said northeasterly line of said PARCEL 1- E -1.1, the following four (4) courses: I. North 85 040'06" East, 24.04 feet; 2. South 49019'54" East, 9.96 feet to the beginning ofa tangent curve concave to the northeast having a radius of 3,108.58 feet; 3. Southeasterly along said curve, through a central angle of 02`18'05 ", for an arc length of 124.86 feet to the beginning of a reverse curve, having a radius ol'3,092.58 feet; 4. Southeasterly along said reverse curve through a central angle of 02 018'05 ", for an arc length of 124.22 feet; Thence continuing along said northeasterly line and the northeasterly line of said parcel IV -J -6, the following sixteen (16) courses: I . South IV 19'54" East, 313.83 feet to the beginning of tangent curve concave to the northeast, having a radius of 1,447.04 feet; 2. Along said curve, through a central angle of 01'23'53", for an arc length of 35.31 feet; 3. South 04 058'49" East, 24.36 feet; 4. South 54 °27'57" East. 56.24 feet; 5. North 83 °I TI 511 East, 22.96 feet to the beginning of a non tangent curve concave to the northeast, having radius of 1,447.04 feet, to which point a radial line bears South 35c44'30" West; 6. Southeasterly along said curve, through a central angle of 11 °53'59 ", for an are length of 300.54 feet; Page 2 of 5 7. South 66 009'29" East, 52.51 feet; S. South 21 °09'25" East, 24.04 feet; 9. South 68 01 T15" East, 62.36 feet; 10. Thence North 64 009'20" East, 23.85 feet to the beginning of a non tangent curve concave to the northeast, having a radius of 1,090.18 feet, to which point a radial line bears South 19 °14'54" West; 11. Southeasterly along said curve, through a central angle of 04 656'38 ", for an arc length of 94.07 feet to the beginning of compound curve, having a radius of 1,464.04 feet; t2. Along said curve, through a central angle of 00 °41'45 ", for an arc length of 17.78 feet to the beginning of a reverse curve, having a radius of 142.00 feet; 13. Along said reverse curve through a central angle of 1105429 ", for an arc length of 29.51 feet; 14. South 64 °29'00" East, 15.88 feet to the beginning ofa tangent curve concave to the northeast, having a radius of 158.00 feet; 15. Along said curve, through a central angle of 14 052'27 ", for an arc length of 41.02 feet; 16. South 79 °21'27" East, 218.54 feet to the southeasterly line of said PARCEL IV -J -6; Thence Icav ing said line and along said southeasterly line the following eleven (11) courses: I. South 31 °20'58" East, 40.12 feet; to the beginning of a non tangent curve, concave to the west, having a radius of 1,354.04 feet, to which point a radial line bears South 73 °20'33" East; 2. Southerly along said curve, through a central angle of 02 002'49 ", for an arc length of 48.38 feet to the beginning of a compound curve, having a radius of 42.00 feet; 3. Southwesterly, along said compound curve through a central angle of 160 11'24", for an arc length of 11.87 feet; 4. South 34 053'40" West, 33.43 feet to the beginning of a tangent curve concave t1:e east, having a radius of 58.00 feet; 5. Along said curve, through a central angle of 13 044'05 ", for an arc length of 13.90 feet to the beginning of a reverse curve, having a radius of 1,3420.04 feet; 6. Southerly along said reverse curve to through a central angle of02c2T2I" for an arc length of 57.52 feet to the beginning of a reverse curve, having a radius of 58.00 feet; 7. Southerly, along said reverse curve through a central angle of 13044'05 ", for an arc length of 13.90 feet; 8. South 09°52'51" West, 33.43 feet to the beginning of a tangent curve concave to the northwest, having a radius of 42.00 feet; Page 3 of 5 9. Along said curve, through a central angle of 1601 1'24 ", for an arc length of 11.87 feet to the beginning of a compound curve, having a radius of 1,354.04 feet; 10. Along said compound curve through a central angle of 23 027'25 ", for an are length of 554.34 feet; I I . North 15°49'01" West, 382.89 feet to the southeasterly line of said PARCEL IV -1 -7; Thence leaving said southeasterly line of said PARCEL IV -J -6 and along the southeasterly line of said PARCEL IV -J -7, South 71 °36'25" West, 351.77 feet; Thence continuing along said southeasterly line of said APARCEL IV-J-7 and continuing along said southeasterly line of PARCEL IV -J -6, North 77 038'59" West, 256.30 feet; Thence along the southeasterly line of said PARCEL IV-J-6, the following four (4) courses: I. South 40 038'46" West, 486.27 feet; 2. South 49 °21'14" East, 459.00 feet to the beginning of a non tangent curve concave to the southeast, having a radius of 1,446.04 feet, to which point a radial line bears North 29 041'43" West; 3. Southwesterly along said curve, through a central angle of 21007'46", for an arc length of 533.27 feet; 4. South 39 °10'31" West, 163.56 feet to the southwesterly line of said PARCEL IV -J -6; Thence along last said southwesterly line, North 33c57'12" West, 70.07 feet to the westerly line of said PARCEL IV -J -6; Thence leaving said southwesterly line and along said westerly line, North 09 °21'06" East, 300.94 feet to the southeasterly line of said PARCEL I- E -I.1; Thence along last said southeasterly line the following four (4) courses: 1. North 50 049'29" West, 398.40 feet; 2. South 40 03915" West, 88.79 feet; 3. North 50 °08'15" West, 157.68 feet; 4. South 39 °51'45" West, 231.82 feet; Thence leaving last said line, North 49 020'45" West, 213.37 feet; Thence North 4003915" East, 20.88 feet; Thence North 49°20'45" West, 718.34 to the TRUE POINT OF BEGINNING. Page 4 o f 5 Containing a total area of 2,838,194 square feet, 65.156 acres more or less. Being a portion of Assessor's Parcel Numbers: 430- 283.16 and 430 - 283 -18. Being all of Assessor Parcel Numbers 430 - 283 -09 and 430 - 283 -10. As shown on "Schedule 1" attached hereto and made a part hereof. For: BKF Engineers By: Davis Thresh, P.L.S. No. 6868 License expires: 09 -30 -2014 Date: K'.tSur ISd22G06.13 ATEP Land Soap PIaB\I)WG'MAIMLAND EXCHANGE LEGALSUREA 11 doc Page 5 of 5 RNED NOLL AVENUE P.O.C. Li N 40'37'39" E N 40'37'39" E AREA H� N 40'37'39" E 343.98' 376.02' 180.00' AREA H2 = AREAS 8, C, D, AREA 12A. Z 3, 4, 5, 11, 12A and 126 DOC. NO. 2004- 000359376 f APN: 430- 283 -16 SEE SHEET 3 OF 3 � FOR LINE AND CURVE TABLES o LEGEND £ APN ASSESSOR PARCEL NUMBER m� fD N P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT I9 <i T.P.O.B. TRUE POINT OF BEGINNING a Q DOC. N0. 2004000396376 n d .1 5 DAMS THRESH No. 6666 AREA H1 AREA 8 PARCEL I -E -2 DOC. NO. 20020404595 APN: 430 - 283 -18 AREA H2 2.638,194 sq.ft.± 65.156 acres± N 40'37'39" E 797.69' w o N AREA 12A. w w PARCEL DOC. NO. 2004- 000359376 f APN: 430- 283 -16 S 39'51'45" W Z 231.82' o S 40'39'15" W m 88.79' m� fD N I9 <i Z d u, u� @9 a A W� AREA 4 A N N 33'57'12" W p9�pp 9N AREA 12B PARCEL IV -J -6 DOC. NO. 20020404590 S 39'10'31" W - a O S 163.56' Rm14 6= 21'07'46" L-533.27' ARNSV(RCHO AVENUE C0 I AREA 6 w � N Q a � LLI � N iry o� O J m M IV 9'4\ K :SUPI2\1270M.13 An¢P ours > EXp Ma Pun\ME• HID" PLAT TO ACCOMPANY LEGAL 4670 WILLOW RD Subject SCHEDULE 1 1 SUITE 250 AREA H2 1 PLEASANTON, CA 94568 Job No. 20122006 925 -395 -7700 By hl Dote 05/06/14 Chkd.WS [�rm�lt�.nwl► — 925 -396 -7799 (FAX) SHEET 1 OF 3 N w w x w w J x AREA C NN I9 <i d �J NN @9 AREA 4 a C3 AREA D � N Q a � LLI � N iry o� O J m M IV 9'4\ K :SUPI2\1270M.13 An¢P ours > EXp Ma Pun\ME• HID" PLAT TO ACCOMPANY LEGAL 4670 WILLOW RD Subject SCHEDULE 1 1 SUITE 250 AREA H2 1 PLEASANTON, CA 94568 Job No. 20122006 925 -395 -7700 By hl Dote 05/06/14 Chkd.WS [�rm�lt�.nwl► — 925 -396 -7799 (FAX) SHEET 1 OF 3 N 40'37'39" E 797.89' min w_ Z Q w CC' a cC CL S 49'22'21" E 131.81' N w Na WO Q IN f it 0 W JO W WN S u w ¢ p w aZ w a � 0 w O ? o = r i RE0 NULL AVIEMUE AREA 16 PARCEL I -E -4 C1 DOC. N0. s 2004- 000369376 APN: 430- 283 -05 eC. 2s sA. 6 Ali 6. F N 40'29'44" E A t 13= 362.00' 282.84' /L C 4= 33'53'17" R= 3108.58' AR EA H 2 L =214 11 6-2'18'05" 12,86' 2.838,194 sq.tt.3 (124.83')Q1 65.156 acres± R= 3092.58' 6=2'18'05' AREA C L =124.22' 3 PARCEL I -E -1.1 N DOC. NO. 2004- 000369376 a APN: 430 - 283 -10 Z N L20 L21— LULLJ `a 0'P• PARCEL IV -J -7 q 41 DOC. NO. 20020404590 m APN: 430 - 283 -10 L23 10 S N1 lR C12 AREA 11 AREA 15 3 629. S 9101 C11 / L24 PARCEL IV-J-8 W 0131 � DOC. NO. 20020404590 APN: 430 - 283 -11 A�0�.' S5 mA�j Cci C1 L25 ra' R= 1354.04' L27 \\ + X23'2 3a ` C17 \514 Cis 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA PLEASANTON, CA 94588 Job N0, 201220000 BKF 6 925- 396 -7700 By MR Date 05/06/14 Chkd.W F�i>�nulpLUwJ 925- 396 -7799 (FAX) SHEET 2 OF 3 W A pp m A7EJ-4 F d AREA C9� a AREA 4 L17 a 2 0020 PARCEL IV -J -6 430-02 29 111 DOC. NO. 20020404590 APN: 430 - 283 -09 L19 W (R� 1 S j5443�" PARCEL IV -J -5 DOC, N0. R- 1447.04' 20020404590 Ds 11'53'59" 1APN: 430- 262 -70 c 4n•3R'46 "w 486.27' L= 300.54' Z N L20 L21— LULLJ `a 0'P• PARCEL IV -J -7 q 41 DOC. NO. 20020404590 m APN: 430 - 283 -10 L23 10 S N1 lR C12 AREA 11 AREA 15 3 629. S 9101 C11 / L24 PARCEL IV-J-8 W 0131 � DOC. NO. 20020404590 APN: 430 - 283 -11 A�0�.' S5 mA�j Cci C1 L25 ra' R= 1354.04' L27 \\ + X23'2 3a ` C17 \514 Cis 4670 WILLOW RD Subject SCHEDULE 1 SUITE 250 AREA PLEASANTON, CA 94588 Job N0, 201220000 BKF 6 925- 396 -7700 By MR Date 05/06/14 Chkd.W F�i>�nulpLUwJ 925- 396 -7799 (FAX) SHEET 2 OF 3 EXHIBIT C Specific Plan Sections 3.3.4.A and 3.3.4.B (attached) GXHIBIT C 576- 1-A4063 W 'B3WCCR511 199557 2 516114 Chapter 3 • Land Use and DevelopmentlReuse Regulations 3.3.4 Planning Area 3 - TransitionallEmergency Housing A. Yermifted and Cbnditionaliv Permitted Uses The foLowhtg uses shall be permitted by right where the symbol "I "' occurs or by conditional use permit where the symbol "C" occurs. • Congregate care facility P Govermnent facility C Medical /deniat clinic C • School, public or private community college,teducalmlal C campus • Single room occupancy hotel (192 unit maximum) P Transitional /Emergency housing (192 bed mashnum) 1, B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted revs on the carne eite and would include; Administrative offices • Caretaker's quarters Assembly /multi - purpose buildings Kilchenhiiaing Maintenance/ storage facilities and structures Medical dental clinics A ?CAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3 -32 EXI IIBIT C 5764- 44U62AI't33WC'CRSV1 199517,2 5/6/14