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<br />GRESHAM SAVAGE NOLAN & TILDEN <br /> <br />A PROFESSIONAL CORPORATION <br />LAWYERS' FOUNDED 1910 <br /> <br />FOR TilE FIRM: <br />Kevin K. Randolph <br />e-mail: Kevin.Randolph@greshamsavage.com <br /> <br />550 EAST HOSPITALITY LANE, SUITE 300 <br />SAN BERNARDINO, CALIFORNIA 92408-4205 <br />(909) 890-4499 . FACSIMILE (909) 890-9877 <br />WWW.GRESHAMSAVAGE.COM <br /> <br />October 29,2007 <br /> <br />VIA EMAIL AND U.S. MAIL <br /> <br />Eddie Diaz, Esq. <br />Deputy City Attorney <br />City of Riverside <br />3900 Main Street, 5th Floor <br />Riverside, CA 92522 <br /> <br />Re: Right of Way Acquisition and Reimbursement Agreement between the City of <br />Riverside and Lake Mathews Venture, LLC <br /> <br />Dear Eddie: <br /> <br />This letter agreement constitutes an amendment to that certain "Right of Way Acquisition <br />and Reimbursement Agreement" between the City of Riverside ("City") and Lake Mathews <br />Venture, LLC ("Developer"), reference dated as of May 1, 2007. Under the terms of the <br />Agreement, the City of Riverside has agreed to take the lead role in acquiring the rights of way <br />required for the construction of Street "A" and related storm drainage and other public <br />improvements which were required as a condition of approval for the Lake Mathews Golf and <br />County Club Project, County of Riverside Tract Map 30153. Because a portion of Street "A" <br />lies within unincorporated County territory, the City has sought the County's consent to exercise <br />its condemnation powers within the unincorporated territory. <br /> <br />As a condition to giving such consent, the County of Riverside has asked that the <br />Developer agree to defend, indemnify and hold the County harmless in connection with the <br />giving of such consent in the same fashion, and subject to the same limitations, as the Developer <br />has agreed to do for the City. The Developer is amenable to the County's request. <br /> <br />Accordingly, the Developer agrees to defend, indemnify and hold the County harmless in <br />the same manner, and subject to the same limitations and conditions, as the Developer is <br />obligated to defend and indemnify the City pursuant to Section 16 of the Agreement. Although <br />the County is not a signatory to this letter agreement, the City and the Developer agree that the <br />County is an intended third party beneficiary hereof. <br /> <br />lA81-000 -- 218407.1 <br />