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HomeMy WebLinkAboutT-5358 - Agreement/Covenant - 5/8/2013 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street, Room 2133 Fresno, CA 93721-3603 05 NO FEE- Government Code 6103 CITY OF FRESNO Development & Resource Management Department 0 LL JAF: Z 7441 N. La Paz Avenue (Lot 1) 7235 N. Riverside Drive (Lot 86) U7429 N. La Paz Avenue (Lot 2) 7365 N. Kymber Drive (Lot 124) W 6879 W. Oak Avenue (Lot 4) 7351 N. Kymber Drive (Lot 125) Vy 6861 W. Oak Avenue (Lot 5) 7337 N. Kymber Drive (Lot 126) Q 7462 N. Shiraz Avenue (Lot 20) 7340 N. Kymber Drive (Lot 127) LU 7470 N. Shiraz Avenue (Lot 21) 7354 N. Kymber Drive (Lot 128) a 7478 N. Shiraz Avenue (Lot 22) 7368 N. Kymber Drive (Lot 129) 7486 N. Shiraz Avenue (Lot 23) 6735 W. Sapphire Drive (Lot 192) 7491 N. Riverside Drive (Lot 67) 6751 W. Sapphire Drive (Lot 193) 7483 N. Riverside Drive (Lot 68) 6767 W. Sapphire Drive (Lot 194) 7471 N. Riverside Drive (Lot 69) 6783 W. Sapphire Drive (Lot 195) 7459 N. Riverside Drive (Lot 70) COVENANT NO. 2 FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS FOR THE FINAL MAP OF TRACT NO. 5358 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 THIS COVENANT is made by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as "City," and LENNAR FRESNO, INC., a California Corporation, hereinafter referred to as "Covenantor" without regard for number or gender, and is effective the date first appearing on the Clerk's Certification of the Development & Resource Management Department signature. RECITALS A. Covenantor owns real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described in EXHIBIT "A" attached hereto and made a part of this Covenant, which is generally located on the north side of West Spruce Avenue between North Riverside Drive and North Thiele Avenue. B. Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and all such instruments of Subordination, if any, are attached hereto and made a part of this instrument. C. Covenantor has filed and City has approved, Vesting Tentative Map No. 5358 on the Subject Property. Additionally, Covenantor has filed a Final Map of Tract No. 5358, hereinafter referred to as the "Final Map" pursuant to said Tentative Map, which upon satisfaction of all conditions of approval for the Final Map, will be presented for City Council action. D. Covenantor is requesting the issuance of building permits to construct model homes on the Subject Property prior to the approval and recording of the Final Map. E. City approved and recorded the Covenant For Early Issuance of Model Home Building Permits Tract No. 5358 on April 15, 2013, as Document No. 2013-0054592, Fresno County Records for lots 1, 2, 20-23, inclusive, 67-70, inclusive, 86, 124-129, inclusive and 192- 195, inclusive, hereinafter referred to as "Covenant No. 1." F. Covenantor has requested a revision to Covenant No. 1 for 2 additional lots to bring the total to 23. Covenantor has also filed building plans and has requested City issue building permits for model homes on the portion of the Subject Property which correspond to the 2 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 lots to be created by the Final Map as follows: Lot 1 7441 North La Paz Avenue Lot 2 7429 North La Paz Avenue Lot 4 6879 West Oak Avenue Lot 5 6861 West Oak Avenue Lot 20 7462 North Shiraz Avenue Lot 21 7470 North Shiraz Avenue Lot 22 7478 North Shiraz Avenue Lot 23 7486 North Shiraz Avenue Lot 67 7491 North Riverside Drive Lot 68 7483 North Riverside Drive Lot 69 7471 North Riverside Drive Lot 70 7459 North Riverside Drive Lot 86 7235 North Riverside Drive Lot 124 7365 North Kymber Drive 3 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 Lot 125 7351 North Kymber Drive Lot 126 7337 North Kymber Drive Lot 127 7340 North Kymber Drive Lot 128 7354 North Kymber Drive Lot 129 7368 North Kymber Drive Lot 192 6735 West Sapphire Drive Lot 193 6751 West Sapphire Drive Lot 194 6767 West Sapphire Drive Lot 195 6783 West Sapphire Drive G. Such building permits will be issued and inspected in accordance with City codes and regulations. H. City is unwilling to permit such construction or inspect the same without assurance that no vested rights or entitlements will be conferred by the early issuance of such model home building permits or by the acceptance of such construction upon inspection. I. Covenantor acknowledges any improvements to be made pursuant to building permits to construct model homes on the Subject Property will be accepted by City only if the improvements comply with all applicable City standards, codes, and ordinances, provided that in no case shall acceptance of such improvements be complete until the Final Map is approved by the City Council and duly recorded. J. Covenantor understands and acknowledges that the improvements described herein shall be subject to acceptance or rejection by City upon inspection thereof, and upon the 4 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 terms and conditions contained herein. K. Covenantor desires the building permits for the model homes be issued as soon as possible. L. The action for the approval of the Final Map by City is not expected to be finalized for up to one hundred twenty (120) days. COVENANT In consideration of the foregoing, the early issuance of building permits for the model homes and the promises and covenants herein contained, the undersigned agree: 1. Should City not approve the Final Map for any reason within one hundred twenty (120) days of the execution of this Covenant, Covenantor shall, within ten (10) days after written notice from the Director of the Development & Resource Management Department of the City, remove from the Subject Property any improvements or construction placed or constructed pursuant to the building permits issued for the model homes and Covenantor shall restore the Subject Property to its condition immediately prior to the addition of any improvements or construction undertaken pursuant to the building permits issued for the model homes. 2. Should Covenantor fail to comply with the provisions of Paragraph 1 above, City or any of its duly authorized officers, employees or agents, are unconditionally permitted to enter upon the Subject Property and accomplish such removal and restore the Subject Property to its condition immediately prior to the addition of any improvements or construction undertaken pursuant to the building permits issued for the model homes. 3. Should City cause such removal under the provisions of Paragraph 2 hereof, Covenantor shall hold harmless and defend City, its officers, employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, on account of any damages claimed by any reason to have occurred by reason of such removal. 4. To assure the promises contained herein, Covenantor shall deliver to City a Certificate of Deposit made payable only to the "City of Fresno" or cash for the following amount: 23 Model Homes @ $1,000 per Model Home $23,000.00 5 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 This deposit may be used by City to defray all or part of the costs and expenses of removal under the provisions of the Paragraphs above, with any balance to be returned to the Covenantor. 5. Any costs and expenses of removal exceeding the above stated amount of security deposit shall be a lien on the Subject Property and appurtenances running in favor of City if said costs and expenses of removal are stated in writing with a description of the Subject Property by an officer or employee of City and recorded in the County Recorder's office. 6. Covenantor has paid the fees and charges due as a condition of approval of this Covenant for the model homes as follows: SEWER CONNECTION CHARGE - Wastewater Facilities Charge 23 Lots @ $2,119.00 per Lot $48,737.00 WATER CONNECTION CHARGE - Water Meter Charge 23 Lots @ $455.00 per Lot, 1-1/2" Meter $10,465.00 TOTAL FEES AND CHARGES DUE* $59,202.00 " Additional fees and charges required pursuant to the conditions of approval for the Tentative Map shall be due and payable as a condition of Final Map approval. 7. The obligations of Covenantor provided in this Covenant are joint and several. 8. This Covenant shall in no way be construed as a grant by City of any rights to Covenantor to trespass upon land rightfully in the possession of, or owned by, another, whether such land is privately or publicly owned. 9. No vested rights or entitlements are conferred by the issuance of this early model home building permit or by acceptance of any improvements constructed thereunder. 6 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 10. Indemnification. a. To the furthest extent allowed by law, Covenantor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Covenantor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff's or petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Covenant; (ii) the performance of this Covenant; (iii) the performance or installation of the work or improvements by Covenantor and Covenantor's employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and improvements; or (v) City's granting, issuing or approving use of this Covenant. b. Covenantor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. C. If Covenantor should subcontract all or any portion of the work to be performed under this Covenant, Covenantor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a" and "b" of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Covenant. d. Covenantor further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of Covenantor at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. e. This Section shall survive termination or expiration of this Covenant. 7 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 11. Insurance. Throughout the life of this Covenant, Covenantor shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Covenant), with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1 — Any Auto), with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage. C. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to the Covenantor), with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 policy aggregate. d. WORKERS' COMPENSATION insurance as required under the California Labor Code. e. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Covenantor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Covenantor shall also be responsible for payment of any self-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted 8 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Covenant, Covenantor shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Covenantor shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Covenantor's insurance shall be primary and no contribution shall be required of City. In the event claims- made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Covenant and the requirements of this Section relating to such coverage shall survive termination or expiration of this Covenant, Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Covenantor shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Covenant. Covenantor shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Covenant or any extension, and this requirement shall survive termination or expiration of this Covenant. The fact that insurance is obtained by Covenantor or his/her/its subcontractors shall not be deemed to release or diminish the liability of Covenantor or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Covenant. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Covenantor or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Covenantor, its principals, officers, agents, employees, persons under the supervision of Covenantor, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. 9 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 If at any time during the life of the Covenant or any extension, Covenantor fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Covenantor, or its contractors or subcontractors, immediately discontinue any further work under this Covenant and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Covenantor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Covenant. If Covenantor should subcontract all or any portion of the services to be performed under this Covenant, Covenantor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Covenantor and City prior to the commencement of any work by the subcontractor. 12. Upon recordation of this Covenant, the Agreement For Early Issuance of Model Home Building Permits Tract No. 5358, recorded April 15, 2013, as Document No. 2013- 0054592, Fresno County Records, shall be of no further force and effect. 13. This Covenant shall be of no further force and effect upon recordation of the Final Map duly approved by the City Council. The Certificate of Deposit or cash assurance referenced in Paragraph 4 shall be released or refunded to Covenantor subject to processing fees, if any, set forth in the Master Fee Schedule in effect at the time of the release or refund. 14. This Covenant shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City and its property; be enforceable by City by any legal or equitable means; and shall be binding upon the successor, assigns, transferees, and heirs of Covenantor. 15. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Covenant, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or 10 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5358 during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 16. The waiver by either party of a breach by the other of any provision of this Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 17. The provisions of this Covenant are severable. The invalidity or unenforceability of any one provision in this Covenant shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 11 Covenant for Early Issuance of Model Home Building Permits Final Map of Tract No. 5838 CITY OF FRESNO, COVENANTOR: a Municipal Corporation Development & Resource Lennar Fresno, Inc., Management Department a California Corporation By: By: Mark Scott, Mike Miller Interim Director President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: WTaliaUoil—luri-Bir .c Deputy City Attorney Date: � � (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California) County of Fresno ) On May 8, 2013, before me, Cindy Bruer, Deputy City Clerk, personally appeared Mark Scott, Interim Development & Resource Management Director of the City of Fresno who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to be within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE SPENCE. CMC CITY CLERK, City of Fresno y os F/,+tr X k �r �1 By •<'��.c. Do Uty OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California ) County ovn4s".k:� ) On� 4_: before me.6 ,�.,e L : �uc:personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRISTINE COLLINS Not ry Public ignature COMM.#1959663 M NOTARY PUBLIC CALIFORNIA n FRESNO COUNTY Comm.Exp.NOV.7,2015 ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date Number of Pages TYPE OF IDENTIFICATION [ ] Satisfactory Evidence — identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal Copyright 0 1994, All Rights Reserved,California School of Notary Public, Inc. EXHIBIT A Page 1 of 2 Real property in the City of Fresno, County of Fresno, State of California, described as follows: PARCEL 1: LOT 8 OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT. EXCEPTING FROM SAID LOT 8 ABOVE ALL THAT PORTION THEREOF CONVEYED BY RIVERFRONT VENTURES, LLC TO THE STATE OF CALIFORNIA BY INSTRUMENT RECORDED AUGUST 15, 2005, SERIES NO. 2005-0187110, FRESNO COUNTY RECORDS. PARCEL 2: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLATS THEREOF, WHICH LIES NORTH OF THE NORTH LINE OF JOSEPHINE AVENUE, AS SAID AVENUE IS SHOWN ON THE MAP OF J.C. FORKNER FIG GARDENS NO. 3, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8 PAGE 79 OF PLATS, FRESNO COUNTY RECORDS. PARCEL 3: A PARCEL OF LAND SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND LYING WITHIN THE EXTERIOR BOUNDARIES OF FRACTIONAL SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST, M. D. B. & M., ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PARCEL BEING ALL THAT LAND WITHIN SAID FRACTIONAL SECTION 32 LYING ADJACENT TO LOT 8 AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE HIGH WATER LINE OF THE SAN JOAQUIN RIVER AS SAID LINE IS SHOWN ON SHEET 16 OF 27 OF THE ADMINISTRATIVE MAP OF THE SAN JOAQUIN RIVER DATED APRIL 1992, ON FILE IN THE OFFICES OF THE CALIFORNIA STATE LANDS COMMISSION, SAID POINT BEARS SOUTH 80 30' 39" EAST, 2166.91 FEET FROM A 1/2" REBAR MARKING THE NORTHEAST CORNER OF SAID SECTION 32, T. 12 S., R. 19 E., M. D. B. & M. AND AS SHOWN ON SAID SHEET 16, SAID CORNER HAVING CALIFORNIA, ZONE 4 (NAD 83) COORDINATES OF N= 2,194,376.579 FEET AND E= 6,292,465.765 FEET; THENCE ALONG SAID HIGH WATER LINE THE FOLLOWING COURSES: THENCE SOUTH 710 12' 14" WEST, 79.20 FEET; THENCE SOUTH 710 11' 05"WEST, 80.79 FEET; THENCE SOUTH 750 08' 17"WEST 66.59 FEET; THENCE SOUTH 770 08, 26" WEST, 56.70 FEET; THENCE SOUTH 630 25' 29" WEST, 67.95 FEET; THENCE SOUTH 630 39' 53" WEST, 68.28 FEET; THENCE SOUTH 750 53' 48" WEST, 78.18 FEET; THENCE SOUTH 800 23' 49" WEST, 81.23 FEET; THENCE SOUTH 730 01' 57" WEST, 94.37 FEET; THENCE SOUTH 700 59' 08" WEST, 87.16 FEET; THENCE SOUTH 830 34' 07" WEST, 78.03 FEET; THENCE SOUTH 790 21' 06" WEST, 84.12 FEET; THENCE SOUTH 790 18' 56" WEST, 91.40 FEET; THENCE SOUTH 820 30' 44" WEST, 93.90 FEET; THENCE SOUTH 87° 33' 06" WEST, 86.62 FEET; THENCE SOUTH 880 41' 17" WEST, 115.06 FEET; THENCE SOUTH 860 52' 45" WEST, 121.18 FEET; THENCE SOUTH 860 10, 34" WEST, 133.29 FEET; THENCE SOUTH 840 53' 57" WEST, 125.71 FEET; THENCE SOUTH 840 41' 04" WEST, 95.48 FEET; THENCE SOUTH 850 35' 59" WEST, 86.34 FEET; THENCE NORTH 870 51' 38" WEST, 60.88 FEET; THENCE NORTH 850 58' 31" WEST, 75.43 FEET; THENCE SOUTH 810 46' 23" WEST, 76.42 FEET; THENCE SOUTH 860 02' 24" WEST, 55.96 FEET; THENCE SOUTH 810 03' 25" WEST, 85.03 FEET; THENCE SOUTH 810 51' 15" WEST, 75.04 FEET; THENCE SOUTH 780 27' 48" WEST, 100.42 FEET; THENCE NORTH 890 18' 53" WEST, 55.44 FEET; THENCE NORTH 740 55, 13" WEST, 55.83 FEET; THENCE SOUTH 820 4330" WEST, 48.25 FEET; THENCE SOUTH 890 18' 19" EXHIBIT A Page 2 of 2 WEST, 60.78 FEET; THENCE NORTH 82014' 23" WEST, 68.27 FEET; THENCE NORTH 81° 37' 20" WEST, 74.04 FEET; THENCE NORTH 65° 43' 41" WEST, 72.41 FEET; THENCE NORTH 64° 00' 00" WEST, 73.11 FEET; THENCE NORTH 86° 02' 52" WEST, 37.19 FEET; THENCE NORTH 68° 01' 53" WEST, 112.72 FEET; THENCE NORTH 640 11' 11" WEST, 180.35 FEET TO THE END OF THE HEREIN DESCRIBED LINE, AS CONVEYED TO RIVERFRONT VENTURES, LLC BY INSTRUMENT RECORDED AUGUST 15, 2005 AS DOCUMENT NO. 2005-0187110 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING WESTERLY OF THE WEST LINE (AND THE NORTHERLY EXTENSION THEREOF) OF SAID GOVERNMENT LOT 8 IN SAID SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST, M. D. B. & M., ACCORDING TO THE OFFICIAL PLAT THEREOF.