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Proposed agreement between RMA and developers

First published November 14, 2000 | Updated Wednesday, December 6, 2000

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MURIETA HOLDINGS DEVELOPMENT PROPOSED AGREEMENT OUTLINE

Dated November 28, 2000

I. Murieta Holdings:

A. Bob Cassano

B. Gerry Kamilos

II. Development Agreement provides to Murieta Holdings:

A. Rights of ingress, egress, use of and enjoyment of RMA's private roads and entry features.

B. Use of RMA parks and common areas.

C. Architectural control over Murieta Holdings Development. The committee will have minority RMA representation.

D. Option of annexing to RMA upon approval of 60% of RMA's members.

E. To create sub associations for:

1. The administration of age restrictions applicable to an adult phase of development if proposed.

2. The provision of landscape and exterior maintenance services to homes within a particular phase of development.

3. The administration and enforcement of other property use restrictions unique to that phase.

F. Murieta Holdings will be allowed to install underground improvements in RMA roadways providing repairs, impacting roadways and other common areas caused by Murieta Holdings' work, are completed to RMA standards and at no expense to RMA.

III. Development Agreement requires Murieta Holdings to:

A. Will fund, through development, a new entrance at Rancho Murieta North and median strip improvements along Murieta Parkway.

1. RMA to fund bar code system for Rancho Murieta North & South.

B. Contribute to the Rancho Murieta Park financing plan.

1. Developer to be signatory to the Parks Agreement.

2. Developer's Parks contribution to go towards funding for construction of community center and aquatic complex if approved by Parks Committee.

C. Record independent CC&R's and form an owner's sub association for any phase of development annexed or not.

D. Provide provisions obligating the sub association to be responsible for collecting from its members and delivering to RMA monthly payments equal to the amount paid by RMA members.

E. Provide provisions obligating the sub association to comply with all Rancho Murieta Association rules and regulations applicable to the use and enjoyment or travel through Rancho Murieta Association common areas. Any fines levied against any property owner whose property is not annexed shall be the responsibility of the independent association and shall be due and payable to RMA upon demand.

F. Provide provisions which obligate sub associations to repair, maintain, and replace all roads to standards that are equal to, or better than the road maintenance, repair and replacement standards observed by RMA.

G. Be required to create rights of access, ingress and egress over streets and roads within the phase to residents of RMA, except for unannexed phase which may be developed as active adult communities, which may be gated. However, RMA residents are permitted access on any pedestrian paths or trails within those unannexed phases.

H. Pay for all costs of annexation and pay all costs associated with development of this agreement and implementation of this agreement.

I. Pay a road mitigation fee established pursuant to the Rancho Murieta Association mitigation fee schedule.

J. Convey to RMA the cable television site free of all liens and encumbrances or to relocate the cable antennas and all related telecommunications equipment at no cost to RMA.

K. Work with the RMA and County to transfer the Resource Protection Area bordering the Cosumnes River to the RMA.

L. Any open space not contained within a sub association will be deeded to the RMA.

IV. Development Buildout:

A. Rancho Murieta is currently approved for a buildout of 5189 units

B. Murieta Holdings is proposing to build approximately 1124 units on the north and 340 on the south totaling 1464 units for a buildout of approximately 4082 units.

V. Other Benefits:

A. Murieta Ho]dings to coordinate with CalTrans landscape improvements adjacent portions of Highway 16.

B. Management of sub associations by RMA for a fee.

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