HomeMy WebLinkAbout655 - Ordinances ORDINANCE NO. 655
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIAAPPROVING DEVELOPMENT AGREEMENT NO. 00-
04, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND THE AMERICAN BEAUTY
DEVELOPMENT CO. FOR THE DEVELOPMENT OF VICTORIA
ARBORS ON APPROXIMATELY 300.64 ACRES OF LAND IN THE
MIXED USE DISTRICT OF THE VICTORIA COMMUNITY PLAN,
CONSISTING OF 555 SINGLE FAMILY LOTS, A PARK, A
SCHOOL, OPEN SPACE AREA, COMMERCIAL AND MULTI-
FAMILY ZONED LAND, GENERALLY BOUNDED BY BASE LINE
ROAD, ETIWANDA AVENUE, DAY CREEK CHANNEL AND
FOOTHILL BOULEVARD, AS PROVIDED FOR IN SECTION 65864
OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL
PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN
SUPPORTTHEREOF-APN: 227-210-04,13THROUGH 18,22,28
THROUGH 31, 33, AND 36; 227-161-28, 31, 33, 35, 36, AND 38;
227-171-08, 11, 12, 20, 22, 23, AND 25; AND 227-211-40.
A. RECITALS.
(i) California Government Code Section 65864 now provides, in pertinent part, as
forlows:
"The Legislature finds and declares that:
a) Thelackofcertaintyintheapprovalofdevelopmentprojectscan
result in a waste of resources, escalate the cost of housing and
other developments to the consumer, and discourage investment
in and commitment to comprehensive planning which would
make maximum efficient utilization of resources at the least
economic cost to the public.
b) Assurance to the applicant for a development project that upon
approval of the project, the applicant may proceed with the
project in accordance with existing policies, rules and regulations,
and subject to conditions of approval, will strengthen the public
planning process, encourage private participation in
comprehensive planning, and reduce the economic costs of
development."
(ii) California Government Code Section 65865 provides, in pertinent part, as
follows:
"Any city...may enter into a Development Agreement with any person having
a legal or equitable interest in real property for the development of such
property as provided in this article..."
Ordinance No. 655
Page 2 of 82
(iii) California Government Code Section 65865.2 provides, in part, as follows:
"A Development Agreement shall specify the duration of the
Agreement, the permitted uses of the property, the density of intensity
of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes.
The Development Agreement may include conditions, terms,
restrictions, and requirements for subsequent discretionary actions,
provided that such conditions, terms, restrictions, and requirements for
discretionary actions shall not prevent development of the land for the
uses and to the density of intensity of development set forth in the
Agreement..."
(iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by
this reference is proposed Development Agreement 00-04, concerning
property generally bounded by Base Line Road to the north, Etiwanda Avenue
to the east, Foothill Boulevard to the south, and Day Creek Channel to the
west, and as legally described in the attached Development Agreement.
Hereinafter in this Ordinance, the Development Agreement attached hereto as
Exhibit "A" is referred to as the "Development Agreement."
(v) On February 28 and March 7, 2001, the Planning Commission of the City of
Rancho Cucamonga held duly noticed hearings concerning the Development
Agreement 00-04, Development Review 01-04 for Victoria Arbors Master Plan,
Tentative Tract Map 15974 and Tentative Parcel Map 15641 and concluded
said hearings on that date. The Planning Commission recommended approval
of Development Agreement 00-04 and approved Development Review 01-04,
Tentative Tract Map 15974 and Tentative Parcel Map 15641 through adoption
of its Resolutions.
(vi) On March 21 2001, the City Council of the City of Rancho Cucamonga held a
duly noticed hearing concerning the Development Agreement 00-04.
(vii) All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby
find, determine, and ordain as follows:
SECTION 1: This Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the
Addendum to the EIR prepared forthe Development Agreement, and
determined that the Addendure to the EIR is in compliance with the
California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder.
Ordinance No. 655
Page 3 of 82
SECTION 3: Based upon substantial evidence presented during the above-
reference public hearings on March 21,2001, including written and
oral staff reports, together with public testimony, this Council hereby
specifically finds as follows:
a) The location, design, and proposes uses set forth in this
Development Agreement are compatible with the character of
existing development in the vicinity.
b) The Development Agreement conforms to the General Plan
of the City of Rancho Cucamonga.
SECTION 4: It is expressly found that the public necessity, general welfare, and
good zoning practice require the approval of the Development
Agreement.
SECTION 5: This Council hereby approves Development Agreement 00-04,
attached hereto as Exhibit "A".
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published with 15 days after its passage at least once
in the Inland Valley Daily Bulletin, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City
of Rancho Cucamonga, California.
PASSED, APPROVED, AND ADOPTED this 4th day of April 2001.
AYES: Alexander, Biane, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Ordinance No. 655
Page 4 of 82
A'I'FEST:
be;bra J. Ada,n~CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do
hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the
City of Rancho Cucamonga held on the 21st day of March 2001, and was passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of Apdl 2001.
Executed this 5th day of April 2001, at Rancho Cucamonga, California.
Page 5 of 82
RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO
AND WHEN RECORDED MAIL TO: GOVERNMENT CODE SECTION 27383
COX, Castle & Nicholson LLP
2049 Century Park East, 28th Floor
Los ~mgeles, CA 90067 City Clerk
Attn: Ronald I. Silverman, Esq.
Space Above Line For Recorder's Use Only)
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA
AND CUCAMONGA 220, L.P.
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Ordinance No. 655
Page 6 of 82
TABLE OF CONTENTS
Page
Section I. DEFINITIONS ........................................ 6
Section II. BENEFITS TO CITY ................................... 7
Section III. PROJECT DEVELOPMENT ................................ 8
A. Permitted Uses ....................................... 8
B. Rules, Regulations and Official Policies ............. 8
1.Applicable Rules ................................... 8
2. Conflicting Enactments ............................. 9
3. Setbacks, Design Guidelines, Landscape
Guidelines and Park Improvements ............... 10
C. Future Approvals .................................... 10
D. Permitted Fees ...................................... 10
E. Permitted Conditions ................................ 11
F. Term of Map(s) and Other Project Approvals .......... 11
G. Timing of Development ............................... 12
H. Moratorium .......................................... 12
I. Vesting of Owner's Rights ........................... 13
J. Infrastructure Capacity ............................. 13
K. Infrastructure Phasing Flexibility .................. 13
L. Development Agreement/Project Approvals ............. 14
Section IV. COOpERATION/IMPLEMENTATION ........................ 14
A. Further Assurances; Covenant to Sign Documents ...... 14
B. Public Financing of Improvements .................... 14
1. General Parameters ................................ 15
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C. Cost Sharing ........................................ 16
1. Cost Sharing Methodology .......................... 16
2. Funding Sources/Reimbursement for Master
Infrastructure Improvements Beyond Proiect
Allocable Share ................................ 17
D. Processing During Third Party Litigation ............ 18
E. State, Federal or Case Law .......................... 19
F. Other Governmental Bodies ........................... 19
G. Defense of Agreement ................................ 19
Ho Design/Development Standards ........................ 20
I. Day Creek Channel ................................... 20
J. Condemnation ........................................ 21
K. Improvement Plans ................................... 21
L. Foothill Storm Drain ................................ 21
M. Landscape Areas ..................................... 21
N. Closing of Escrow on 55 Acre Exclusion .............. 22
Section V. GENERAL PROVISIONS ................................ 23
A. Covenants Run with the Land ......................... 23
B. Transfers and Assignments ........................... 23
1. Right to Assign ................................... 23
2. Liabilities Upon Transfer ......................... 23
C. Mortgagee Protection ................................ 24
D. Statement of Compliance ............................. 26
E. Default ............................................. 27
F. Annual Review ....................................... 28
G. Default by City ..................................... 28
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H. Legal Action ........................................ 29
I. Waiver; Remedies Cumulative ......................... 30
J. Future Litigation Expenses .......................... 30
1. Payment to Prevailing Party ....................... 30
2. Scope of Fees ..................................... 31
K. Term ................................................ 31
L. Permitted Delays; Supersedure by Subsequent Laws .... 33
1. Permitted Delays .................................. 33
2. Supersedure by Subsequent Laws .................... 34
M. Amendment of Agreement .............................. 34
N. Operating Memoranda ................................. 34
Section VI. MISCELLANEOUS ..................................... 35
A. Negation of Partnership ............................. 35
B. No Third Party Beneficiary .......................... 36
C. Entire Agreement .................................... 36
D. Severability ........................................ 36
E. Construction of Agreement ........................... 36
F, Section Headings .................................... 37
G. Applicable Law ...................................... 37
H. Notices ............................................. 37
I. Time is of the Essence .............................. 38
J. Limitation of Liability ............................. 38
K. Recordation ......................................... 39
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DEVELOPMENT AGREEMENT
BY A~D BETWEEN THE CITY OF Pa~NCHO CUCAMONGA
AND CUCAMONGA 220, L.P.
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered into as of this 4th day of May, 2001, by and between the
CITY OF RANCHO CUCAMONGA, a municipal corporation and general
law city (~City"), and CUCAMONGA 220, L.P., a California limited
partnership (~Owner"}.
WITNESSETH:
A. The lack of certainty in the approval of
development projects can result in a waste of resources,
escalate the cost of housing and other development, and
discourage investment in and commitment to comprehensive
planning which would make maximum efficient utilization of
resources at the least economic cost to the public.
B. California Government Code Sections 65864 65869.5
(the ~Development Agreement Statute"} were therefore enacted
authorizing a municipality to enter into binding development
agreements with persons having legal or equitable interests in
real property.
C. Owner has a legal or equitable interest in
certain real property located in City more particularly
described in Exhibit "A" attached hereto and incorporated herein
by this reference (the ~Property"). For purposes of this
Agreement, the Property shall not include the approximately 55
acres currently controlled by Owner generally south of the
proposed extension of Church Street and east of the proposed
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Page 10 of 82
extension of Day Creek Boulevard (~55 Acre Exclusion") that is
contemplated to be sold to the Rancho Cucamonga Redevelopment
Agency (~Agency").
D. Subject to the provisions of the ~Project
Approvals" (as defined below), Owner's project will constitute
approximately 246 acres that will be developed as depicted on
the illustrative plan attached hereto as Exhibit ~B" (the
"Project").
E. The Project is located within an approximately
440 acre area that includes the Property and that is undergoing
a master planning process (the ~Master Planning Process"). The
Master Planning Process includes amendments to the relevant
sections of City's General Plan (the ~General Plan"), the
Victoria Community Plan (the "Victoria Community Plan"), and the
Etiwanda Specific Plan (the ~Etiwanda Specific Plan"). The
Victoria Lakes Section of the Victoria Community Plan has been
renamed Victoria Arbors with certain other modifications. The
City Council and Planning Commission approved the Conceptual
Plan (~Conceptual Plan") on December 20, 2000. The amendments
to the General Plan, the Victoria Community Plan and the
Etiwanda Specific Plan were approved on December 20, 2000.
Owner and City agree that future non-substantive amendments to
the General Plan, Victoria Community Plan, and Etiwanda Specific
Plan may be necessary to continue to maintain consistency and
appropriate cross-references between and among the documents.
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Ordinance No. 655
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F. One key objective of the Master Planning Process
is the development of a regional commercial center, including a
regional mall and related uses on land adjacent to the Project
(~Regional Commercial Center"), including the 55 Acre Exclusion.
The Regional Commercial Center, including the 55 Acre Exclusion
is depicted in the attached Exhibit ~C."
G. On July 7, 1999, the City Council (the
~Council"), after making appropriate findings, certified a Final
Environmental Impact Report entitled Final Environmental Impact
Report Victoria Arbors Village pursuant to the provisions of the
California Environmental Quality Act, such Final Environmental
Impact Report being more specifically identified as State
Clearinghouse No.98041137 (the ~EIR"). On December 20, 2000,
the City Council adopted a first addendum to the certified EIR
along with the Statements of Facts and Findings and Overriding
Consideration. On March 7, 2001, the Planning Commission
adopted a second addendum with regard to the Project Approvals
and on March 21, 2001, the City Council adopted the second
addendum with regard to the approval of this Development
Agreement.
H. On March 7, 2001, the Planning Commission has
approved Tentative Commercial Parcel Map No. 15641, consistent
with the Purchase and Sale Agreement, Tentative Tract Map No.
15794 with Conditions of Approval (~Tentative Map"), and the
Victoria Arbors Master Plan (~'Master Plan"). A depiction of the
Tentative Map is attached hereto and incorporated herein as
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Ordinance No. 655
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Exhibit "D." (Collectively, the General Plan Amendment No. GPA
98-02, Victoria Community Plan Amendment No. VCP 98-01, Etiwanda
Specific Plan Amendment No. ESPA 98-01, the Tentative Map, and
the Master Plan are hereinafter referred to as the "Project
Approvals".) In addition to the Project Approvals, Owner shall
process and City shall approve and cause to be recorded a
Tentative Commercial Parcel Map No. 15641, consistent with the
Purchase and Sale Agreement, which shall offer for dedication
necessary easements for public rights-of-way and related
infrastructure but shall not require infrastructure
improvements. The large lot parcel map shall be recorded prior
to close of escrow on the 55 Acre Exclusion.
I. Development of the Project will further the
comprehensive planning objectives contained within City's
General Plan, as amended, the Victoria Community Plan, as
amended, the Etiwanda Specific Plan, as amended and will result
in public benefits, including, among others, the following:
1. Fulfilling long-term economic and social
goals for City and the community;
2. Providing fiscal benefits to City's General
Fund;
3. Providing both short-term construction
employment and long-term permanent employment within City;
4. Financing and constructing significant
infrastructure improvements that will serve the region and the
community;
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5. Phasing the construction of public
infrastructure improvements with private development;
6. Providing housing which will help to satisfy
City's obligation to meet City's share of regional housing
needs;
7. Enhancing City's active and passive
recreational elements;
8. Significantly enhance the possibility that
the goals of the Master Planning Process will be realized,
including the development of a Regional Commercial Center,
including a mall site that will substantially benefit the
community;
9. Facilitating the development of an
elementary school site within the Project; and,
10. Facilitating the development of a 7.5 acre
park within the Project.
J. The Parties have entered into this Agreement
based in part on the Owner's intent to sell and the City
Redevelopment Agency's (~Agency") intent to buy the 55 Acre
Exclusion for use as an integral part of the Regional Commercial
Center. Owner is selling the 55 Acre Exclusion to Agency
pursuant to that certain Purchase and Sale Agreement (~Purchase
and Sale Agreement"), April 4, 2001.
K. For the reasons recited herein, City has
determined that the Project is a development for which a
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development agreement is appropriate under the Development
Agreement Statute.
L. The Council has determined that this Agreement is
consistent with the General Plan, the Victoria Community Plan
the Etiwanda Specific Plan and the Master Plan and specifically
has determined that this Agreement is fair, just and reasonable,
and City has concluded that the economic interests of its
citizens and the public health, safety and welfare will be best
served by entering into this Agreement.
M. The Planning Commission of City (the "Planning
Commission") held duly noticed public hearings on this Agreement
on February 28 and March 7, 2001.
N. The Council, after a duly noticed hearing,
adopted Ordinance No. 655, approving this Agreement, which
ordinance will become effective on May 4, 2001 (the ~Effective
Date").
NOW, THEREFORE, with reference to the foregoing
recitals and in consideration of the mutual promises,
obligations and covenants herein contained, the parties hereto
agree as follows:
SECTION I. DEFINITIONS. The following terms shall have the
meanings defined for such terms in the Sections set forth below:
Term Section
Additional Property Section IV.K.
Agency Recital J
Agreement Introduction
Anchor tenant Section V.K.
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Ordinance No. 655
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Annexation Notice Section IV.K.
Applicable Interest Rate Section IV.C.i.c.2.
Applicable Rules Section III.B.1.
Benefited Properties Section IV.C.1.
City Introduction
Conceptual Plan Recital E
Council Recital G
Development Agreement Statute Recital B
Effective Date Recital N
EIR Recital G
Etiwanda Specific Plan Recital E
55 Acre Exclusion Recital C
Financing Mechanism Section IV.B
Future Approvals Section III.C.
General Plan Recital E
IFD Section IV.B.
Infrastructure Cost Estimate Section IV.C.1.
Breakdown
Infrastructure Phasing Plan Section II
Master Infrastructure Section IV.C.1.
Improvements
Master Infrastructure Percentage Section IV.C.1.
Allocation
Master Plan Recital H
Master Planning Process Recital E
Ministerial Approvals Section IV.D.
Mortgagee Section V.C.
North Project Section V.K.
Notice of Non-Compliance Section V.F.
Owner Introduction
Planning Commission Recital M
Project Recital D
Project Approvals Recital H
Property Recital C
Purchase and Sale Agreement Recital J
Regional Commercial Center Recital F
Related Parties Section VI.J.
South Project Section V.K.
Subsequent Rules Section III.B.2.
Tentative Map Recital H
Term Section V.K.
Vested Rights Section III.I.
Victoria Community Plan Recital E
SECTION II. BENEFITS TO CITY. In consideration of the
benefits resulting from this Project, including, but not limited
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Ordinance No. 655
Page 16 of 82
to, increasing the likelihood of development of the Regional
Commercial Center as a result of the proposed sale of the 55
Acre Exclusion to the Agency, the significant infrastructure
improvements that Owner will be contributing to and in
accordance with the infrastructure phasing plan (the
~Infrastructure Phasing Plan") set forth in the attached Exhibit
~E," and the benefit to the community that the development of
the Project represents, all of which will provide a significant
overall benefit to City, City has agreed to enter into this
Agreement.
SECTION III. PROJECT DEVELOPMENT.
A. Permitted Uses. The parties hereby agree that, for
the term of this Agreement, the permitted uses, the density and
intensity of use, the maximum height and size of proposed
buildings, provisions for reservation or dedication of land for
public purposes and location of public improvements, shall be
those set forth in this Agreement, the Project Approvals and the
"Applicable Rules" (as hereinafter defined).
B. Rules, Regulations and Official Policies.
1. Applicable Rules. The parties hereby agree that,
for the term of this Agreement, the rules, regulations and
official policies governing permitted uses, governing density,
and governing design, improvement and specifications applicable
to development of the Property shall be those rules, regulations
and official policies in force at the time of the Effective
Date, including, without limitation, the Project Approvals
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Ordinance No. 655
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(collectively, the ~Applicable Rules"). Notwithstanding the
foregoing, nothing in this Agreement shall preclude City from
applying changes occurring from time to time in the Uniforra
Building Code, Uniform Electrical Code, Uniform Fire Code,
Uniform Mechanical Code, or Uniform Plumbing Code, provided that
such changes are generally applicable to all property in City.
Prior to the Effective Date, City and Owner shall
use reasonable efforts to identify two identical sets of the
Applicable Rules, one set for City and one set for Owner, so
that if it becomes necessary in the future to refer to any of
the Applicable Rules, there will be a common set of the
Applicable Rules available to both parties.
2. Conflicting Enactments. Any change in the
Applicable Rules, including, without limitation, any change in
any applicable general, community plan, area or specific plan,
zoning, subdivision rule or regulation, adopted or becoming
effective after the Effective Date, including, without
limitation, any such change by means of an ordinance,
initiative, resolution, policy, order or moratorium, initiated
or instituted for any reason whatsoever and adopted by the
Council, the Planning Commission or any other board, agency,
commission or department of City, or any officer or employee
thereof, or by the electorate, as the case may be, which would,
absent this Agreement, otherwise be applicable to the Property
and which would conflict in any way with or be more restrictive
than the Applicable Rules (~Subsequent Rules"), shall not be
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applied by City to the Property. Owner may give City written
notice of its election to have any Subsequent Rule applied to
the Property, in which case such Subsequent Rule shall be deemed
to be an Applicable Rule.
3. Setbacks, Design Guidelines, Landscape Guidelines
and Park Improvements. The front, side, and rear setbacks for
all dwelling units and commercial structures shall be consistent
with the Applicable Rules. Design guidelines, landscape
guidelines and park improvements shall conform to the Applicable
Rules.
C. Future Approvals. Any development of the Property
shall require all discretionary approvals required by the
Applicable Rules (collectively, the ~Future Approvals"). Upon
granting of any of the Future Approvals, as they may be amended
from time to time, they shall become part of the Applicable
Rules, and Owner shall have a "vested right", as that term is
defined under California law, in and to such Future Approvals by
virtue of this Agreement.
D. Permitted Fees. Except as otherwise provided in this
Agreement, and specifically excluding fees set by entities not
controlled by City that are collected by City, City shall only
charge and impose those fees and exactions, including, without
limitation, dedications and any other fee or tax (including
excise, construction or any other tax) relating to development
or the privilege of developing, which are in effect on a City-
wide basis as of the Effective Date. Owner shall only be
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responsible for payment of those development fees listed in the
attached Exhibit ~F" to be calculated as indicated therein.
This Section shall not be construed to limit the authority of
City to charge normal and customary application, processing, and
permit fees for land use approvals, building permits and other
similar permits, which fees are designed to reimburse City's
expenses attributable to such application, processing and
permitting and are in force and effect on a City-wide basis at
such time as said approvals and permits are granted by City.
E. Permitted Conditions. Provided Owner's applications
for any Future Approvals are consistent with this Agreement and
the Applicable Rules, City shall grant in a timely manner the
Future Approvals in accordance with the Applicable Rules and
authorize development of the Property for the uses and to the
density of the Project described herein. City shall only have
the right to impose conditions consistent with those conditions
indicated on the attached Exhibit ~G," which include the
Conditions of Approval for the Tentative Map and any applicable
EIR Mitigation Measures as set forth in Exhibit G, in approving
subsequent tentative subdivision maps.
F. Term Of Map(s) and Other Proiect Approvals. Pursuant
to California Government Code Sections 66452.6(a) and 65863.9,
the term of any subdivision or parcel map that may be processed
on all or any portion of the Property and the term of each of
the Project Approvals shall be extended for a period of time
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Ordinance No. 655
Page 20 of 82
through the scheduled termination date of this Agreement as set
forth in Section V.K below.
G. Timing of Development. Because the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo, 37
Cal.3d 465 (1984), that the failure of the parties therein to
provide for the timing of development resulted in a later-
adopted initiative restricting the timing of development to
prevail over the parties' agreement, it is the parties' intent
to cure that deficiency by acknowledging and providing that,
subject to infrastructure phasing requirements that are set
forth in the Infrastructure Phasing Plan, Owner shall have the
right (without obligation) to develop the Property in such order
and at such rate and at such times as Owner deems appropriate
within the exercise of its subjective business judgment.
H. Moratorium. No City-imposed moratorium or other
limitation (whether relating to the rate, timing or sequencing
of the development or construction of all or any part of the
Property, whether imposed by ordinance, initiative, resolution,
policy, order or otherwise, and whether enacted by the Council,
an agency of City, the electorate, or otherwise) affecting
parcel or subdivision maps (whether tentative, vesting tentative
or final), building permits, occupancy certificates or other
entitlements to use or service (including, without limitation,
water and sewer) approved, issued or granted within City, or
portions of City, shall apply to the Property to the extent such
moratorium or other limitation is in conflict with this
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Agreement; provided, however, the provisions of this Section
shall not affect City's compliance with moratoria or other
limitations mandated by other governmental agencies or court-
imposed moratoria or other limitations.
I. Vesting of Owner's Rights. The rights and
entitlements granted to Owner pursuant to this Agreement shall
be and constitute ~vested rights" or the equivalent of "vested
rights", as that term is defined under California law applicable
to the development of land or property and the right of a public
entity to regulate or control such development of land or
property, including, without limitation, vested rights in and to
building permits and certificates of occupancy.
J. Infrastructure Capacity. Subject to Owner's
installation of infrastructure in accordance with the
requirements of the Project Approvals and the Infrastructure
Phasing Plan, City hereby acknowledges that it will have
sufficient capacity in its infrastructure and services,
including, without limitation, traffic circulation, storm
drainage, flood control, and sanitation service to accommodate
the Project. TO the extent that City renders such services or
provides such utilities, City hereby agrees that it will serve
the Project and that there shall be no restriction on hookups or
service for the Project, except for reasons beyond City's
control.
K. Infrastructure Phasing Flexibility. Notwithstanding
the provisions of the Infrastructure Phasing Plan or the
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provisions of any of the Project Approvals, Owner and City
recognize that economic and market conditions may necessitate
changing the order in which the infrastructure covered by the
Infrastructure Phasing Plan is constructed. Therefore, City and
Owner hereby agree that should it become necessary or desirable
to develop any portion of the Project's infrastructure in an
order that varies from the order set forth in the Infrastructure
Phasing Plan, Owner and City shall collaborate in good faith and
City shall permit any reasonable variation requested by Owner so
long as the variation continues to ensure adequate
infrastructure consistent with the Phasing Plan. The City
Manager shall have the authority to grant variations pursuant to
this section.
L. Development Agreement/Project Approvals. In the event
of any inconsistency between any Project Approval and this
Agreement, the provisions of this Agreement shall control.
SECTION IV. COOPERATION/IMPLEMENTATION.
A. Further Assurances; Covenant to Sign Documents. Each
party shall take all actions and do all things, and execute,
with acknowledgment or affidavit, if required, any and all
documents and writings, that may be necessary or proper to
achieve the purposes and objectives of this Agreement.
B. Public Financing of Improvements. Owner may, from
time to time, request City to establish one or more assessment
and/or community facilities districts and/or integrated
financing districts ("IFD") and/or to adopt one or more
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development fees (pursuant to the provisions of Government Code
Section 66000, et seq.) and/or enter into a reimbursement
agreement pursuant to the IFD or the Government Code to finance
infrastructure, public facilities and/or fees ("Financing
Mechanism") that may be required in connection with the
development of the Project. City agrees to sponsor and
diligently implement such Financing Mechanism, subject to all
applicable legal requirements. City agrees to use its best
efforts to implement such requests subject to applicable state
and federal law and subject to the following:
1. General Parameters.
a) Upon written request of the City, Owner will
advance amounts necessary to pay all costs and expenses of City
to evaluate and structure any Financing Mechanism solely for the
benefit of Owner's Property, to the end that City will not be
obligated to pay any costs related to the formation or
implementation of any Financing Mechanism from its own general
funds. City staff will meet with the Owner to establish a
preliminary budget for such costs, and will confer with Owner
from time to time as to any necessary modifications to that
budget.
b) Any Financing Mechanism will provide for the
reimbursement to Owner of any advances by Owner described in
subparagraph a above, and any other costs incurred by Owner that
are related to the Financing Mechanism, such as the costs of
legal counsel, special tax consultants, engineers, etc. Owner
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agrees to promptly submit to City a detailed accounting of all
such other costs incurred by Owner at such time as Owner makes
application for reimbursement.
c) City shall consult with Owner prior to
engaging any consultant (including bond counsel, underwriters,
appraisers, market absorption analysts, financial advisors,
special tax consultant, assessment engineer and other
consultants deemed necessary to accomplish any financing) and
Owner shall be allowed an opportunity to provide input on each
proposed consultant.
C. Cost Sharing.
1. Cost Sharing Methodology. In connection with
Owner's development of the Project, Owner will be required by
the Project Approvals to construct infrastructure improvements
containing supplemental size, capacity, number and/or length
("Master Infrastructure Improvements") that will serve other
properties in the vicinity of the Property, including the
Regional Commercial Center ("Benefited Properties"). City has,
with Owner's concurrence, identified Master Infrastructure
Improvements and estimated Master Infrastructure Improvement
costs for which the Property and the Benefited Properties will
be responsible as set forth in the ~Infrastructure Cost Estimate
Breakdown" attached hereto as Exhibit "H" and incorporated
herein by reference. In addition, City has, with Owner's
concurrence, determined a percentage allocation reflecting the
percentage of the Master Infrastructure Improvements for which
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the Property and the Benefited Properties are responsible as set
forth in the ~Master Infrastructure Percentage Allocation"
attached hereto as Exhibit ~I" and incorporated herein by
reference. City and Owner hereby agree that the "Infrastructure
Cost Estimate Breakdown" and the "Master Infrastructure
Percentage Allocation" constitute the basis by which cost
sharing is determined. City hereby agrees that it will, (a)
upon Owner's reasonable request and (b) on its own initiative
periodically, review and update the "Infrastructure Cost
Estimate Breakdown" in order to ensure that the costs reflected
therein are sufficient to cover the costs to construct the
Master Infrastructure Improvements.
2. Funding Sources/Reimbursement for Master
Infrastructure Improvements Beyond Project Allocable Share. The
City acknowledges the obligations undertaken by the Agency in
the Purchase and Sale Agreement, including in particular
paragraphs 31 and 32. In addition, the City acknowledges that
Owner may install Master Infrastructure Improvements or other
improvements that benefit surrounding properties. In
consideration thereof, the City agrees to establish, subject to
all applicable legal requirements, fee district(s),
reimbursement agreement(s), or other appropriate Financing
Mechanism(s) for the collection of appropriate fees or similar
funding to fund infrastructure installed by Owner. Such
Financing Mechanisms shall be applied to the Outparcels (as
defined in the Purchase and Sale Agreement) and any other
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properties determined by the City to benefit from infrastructure
installed by Owner. Such Financing Mechanisms shall ensure
adequate funds to complete the infrastructure necessary to
service the Project and, if necessary, to supplement bond
proceeds resulting from the Community Facilities District
process, if any, as such process is contemplated in agreements
between the City, Agency and Owner. Any funds collected by the
City pursuant to this section shall be paid to Agency, if the
Agency has advanced funds pursuant to its Special Tax Commitment
(as defined in the Purchase and Sale Agreement) to build
infrastructure, or to Owner to the extent Owner has advanced
such funds. To the extent Agency and Owner have both advanced
funds, each party shall be reimbursed on a pro rata basis.
D. Processing During Third Party Litigation. The filing
of any third party lawsuit(s) against City or Owner relating to
this Agreement, the Project Approvals or to other development
issues affecting the Property shall not delay or stop the
development, processing or construction of the Project, approval
of the Future Approvals, or issuance of ~Ministerial Approvals"
(as hereinafter defined), unless the third party obtains a court
order preventing the activity. City shall not stipulate to the
issuance of any such order. For purposes of this Agreement the
term "Ministerial Approvals" shall be defined to mean approvals
requiring the determination of conformance with the Applicable
Rules, including, without limitation, site plans, design review,
development plans, land use plans, grading plans, improvement
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plans, building plans and specifications, and ministerial
issuance of one or more final maps, zoning clearances, grading
permits, improvement permits, wall permits, building permits,
lot line adjustments, encroachment permits, conditional and
temporary use permits, certificates of use and occupancy and
approvals and entitlements and related matters as may be
necessary for the completion of the development of the Property.
E. State, Federal or Case Law. Where any state, federal
or case law allows City to exercise any discretion or take any
act with respect to that law, City shall, in an expeditious and
timely manner, at the earliest possible time, (a) exercise its
discretion in such a way as to be consistent with, and carry out
the terms of, this Agreement and (b) take such other actions as
may be necessary to carry out in good faith the terms of this
Agreement.
F. Other Governmental Bodies. To the extent that City,
the Council, Planning Commission or any other City agency
constitutes and sits as any other board or agency, it shall not
take any action that conflicts with City's obligations under
this Agreement.
G. Defense of Agreement. City shall take all actions
which are necessary or advisable to uphold the validity and
enforceability of this Agreement. If this Agreement is
adjudicated or determined to be invalid or unenforceable, City
agrees, subject to all legal requirements, to consider
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modifications to this Agreement to render it valid and
enforceable to the extent permitted by applicable law.'
H. Design/Development Standards. Notwithstanding the
provisions of the Applicable Rules, the following
design/development standards shall apply to the Project:
1. This Agreement shall grant owner the vested right
to develop the Project consistent with the Project Approvals.
2. With regard to Planning Areas 10 and 12 depicted
on Exhibit ~B", Owner shall have the right to develop the
Planning Areas consistent with a land-use designation which
allows 5-10 single family detached dwelling units per acre.
However, the City shall not reduce the density in Planning Areas
· 10 and 12 below the number of units that could be placed in
these Planning Areas assuming lot sizes of 53 feet by 100 feet.
3. The Project shall be subject to design review,
consistent with the Master Plan. As part of the design review
process, the City shall not require larger lots nor allow less
units than those allowed pursuant to this Agreement, including
Exhibit ~D."
4. Easements dedicated for pedestrian use shall be
permitted to include easements for underground drainage, water,
sewer, gas, electricity, telephone, cable and other utilities
and facilities so long as they do not unreasonably interfere
with pedestrian use; and
I. Day Creek Channel. City shall diligently and in good
faith support negotiations with the County Flood Control
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District to provide the absolute right for the Project to
connect with Day Creek Channel without creating any
detention/retention basin.
J. Condemnation. If necessary, and subject to all
applicable legal requirements, including holding of a public
hearing for purposes of consideration of a resolution of
necessity, City shall use its power of eminent domain to, or
otherwise acquire, including but not limited to, necessary
offsite rights-of-way and easement areas required for
construction of roads, grading, temporary detention basins and
offsite infrastructure to serve the Project consistent with
Project Approval.
K. Improvement Plans. City shall help coordinate and
expedite improvement plans through the California Department Of
Transportation and other State or Federal agencies, as required.
L. Foothill Storm Drain. If necessary, and subject to
all applicable legal requirements, including holding of a public
hearing for purposes of consideration of a resolution of
necessity, City shall use its power of eminent domain to, or
otherwise acquire, necessary easements, rights of entry other
legal authorization to facilitate the installation of a storm
drain or temporary detention basin south of Foothill.
M. Landscape Areas. City or City landscaping and
lighting or similar district shall assume ownership and
maintenance of open space areas within the Project. To the
extent reasonably necessary, the Project shall annex into R.C.
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Landscape District Number 2 to pay its fair share of costs
associated with maintenance of the open space areas. The
Project's initial share per residential parcel share shall be
$422/year.
N. Closing of Escrow on 55 Acre Exclusion.
1. The sale of the 55 Acre Exclusion to Agency shall
not close until: (1) Owner has received all of the Project
Approvals and approval of this Development Agreement; and, (2)
the 90 day statute of limitation applicable to legal challenges
to the Project Approvals and this Agreement has run, or, to the
extent legal challenge(s) have been filed, all litigation has
been finally resolved to the satisfaction of Owner.
2. If the 55 Acre Exclusion is not conveyed to the
Agency on or before January 1, 2002, and the parties do not
mutually agree to extend the January 1, 2002 date, this
Agreement shall be deemed terminated and of no further force or
effect; provided, however, such termination shall not affect any
right or duty arising from any Project Approvals or Future
Approvals; and provided, further, however, in no event shall
this Agreement be deemed terminated if the sole reason for the
failure of the 55 Acre Exclusion to be conveyed to the Agency is
the Agency's being in default under the Purchase and Sale
Agreement whereby Owner agrees to convey title to the 55 Acre
Exclusion to the Agency. In addition, (a) the issuance of any
bonds under any Financing Mechanism that would affect the 55
Acre Exclusion shall be conditioned upon (and may be concurrent
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with) the date the 55 Acre Exclusion is transferred to the
Agency and (b) no building permit shall be issued to Owner until
the earlier of (i) January 1, 2002 or (ii) the date the 55 Acre
Exclusion is transferred to the Agency.
SECTION V. GENERAL PROVISIONS.
A. Covenants Run with the Land. All of the provisions,
agreements, rights, powers, standards, terms, covenants and
obligations contained in this Agreement shall be binding upon
the parties and their respective heirs, successors (by merger,
reorganization, consolidation or otherwise) and assigns,
devisees, administrators, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or
any interest therein, whether by operation of law or in any
manner whatsoever, and shall inure to the benefit of the parties
and their respective heirs, successors and assigns. All of the
provisions of this Agreement shall constitute covenants running
with the land.
B. Transfers and Assiqnments.
1. Right to Assign. Owner shall have the right to
sell, assign or transfer all or portions of the real property
comprising the Property to any person at any time during the
term of this Agreement.
2. Liabilities Upon Transfer. Upon the delegation
of all duties and obligations and the sale, transfer or
assignment of all or any portion of the Property, Owner shall be
released from its obligations under this Agreement with respect
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to the Property, or portion thereof, so transferred arising
subsequent to the effective date of such transfer if (i) Owner
has provided to City ten days' written notice of such transfer
and (ii) the transferee has agreed in writing to be subject to
all of the provisions hereof applicable to the portion of the
Property so transferred. Upon any transfer of any portion of
the Property and the express assumption of 0wner's obligations
under this Agreement by such transferee, City agrees to look
solely to the transferee for compliance by such transferee with
the provisions of this Agreement as such provisions relate to
the portion of the Property acquired by such transferee. A
default by any transferee shall only affect that portion of the
Property owned by such transferee and shall not cancel or
diminish in any way Owner's rights hereunder with respect to any
portion of the Property not owned by such transferee. The
transferee shall be responsible for the reporting and annual
review requirements relating to the portion of the Property
owned by such transferee, and any amendment to this Agreement
between City and a transferee shall only affect the portion of
the Property owned by such transferee.
C. Mortgagee Protection. The parties hereto agree that
this Agreement shall not prevent or limit Owner, in any manner,
at 0wner's sole discretion, from encumbering the Property or any
portion thereof or any improvement thereon by any mortgage, deed
of trust or other security device securing financing with
respect to the Property. City acknowledges that the lender(s)
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providing such financing may require certain Agreement
interpretations and modifications and agrees upon request, from
time to time, to meet with Owner and representatives of such
lender(s) to negotiate in good faith any such request for
interpretation or modification. City will not unreasonably
withhold its consent to any such requested interpretation or
modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any
mortgagee of a mortgage or a beneficiary of a deed of trust
(~Mortgagee") of the Property shall be entitled to the following
rights and privileges:
1. Neither entering into this Agreement nor a breach
of this Agreement shall defeat, render invalid, diminish, or
impair the lien of any mortgage or deed of trust on the Property
made in good faith and for value.
2. If City timely receives a request from a
Mortgagee requesting a copy of any notice of default given to
Owner under the terms of this Agreement, City shall provide a
copy of that notice to the Mortgagee within ten days of sending
the notice of default to Owner. The Mortgagee shall have the
right, but not the obligation, to cure the default during the
remaining cure period allowed such party under this Agreement.
3. Any Mortgagee who comes into possession of the
Property, or any part thereof, pursuant to foreclosure of the
mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms
32294/744272v12 25 04/11/01
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of this Agreement; provided, however, in no event shall such
Mortgagee be liable for any defaults or monetary obligations of
Owner arising prior to acquisition of title to the Property by
such Mortgagee, except that any such Mortgagee or its successors
or assigns shall not be entitled to a building permit or
occupancy certificate until all delinquent and current fees and
other monetary obligations due under this Agreement for the
Property, or portion thereof, acquired by such Mortgagee have
been paid to City.
D. Statement of Compliance. Within thirty days following
any written request which either City or Owner may make from
time to time, the other shall execute and deliver to the
requesting party a statement certifying that to the
City's/Agency's knowledge: (1) this Agreement is unmodified and
in full force and effect or, if there have been modifications
hereto, that this Agreement is in full force and effect, as
modified, and stating the date and nature of such modifications;
(2) there are no current uncured defaults under this Agreement
or specifying the dates and nature of any such defaults; and (3)
any other reasonable information requested. The failure to
deliver such statement within such time shall be conclusive upon
the party which fails to deliver such statement that this
Agreement is in full force and effect without modification and
that there are no uncured defaults in the performance of the
requesting party, The City Manager shall be authorized to
execute any such statement.
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E. Default. Failure by City or Owner to perform any term
or provision of this Agreement for a period of thirty days from
the receipt of written notice thereof from the other shall
constitute a default under this Agreement, subject to extensions
of time by mutual consent in writing. Said notice shall specify
in detail the nature of the alleged default and the manner in
which said default may be satisfactorily cured. If the nature
of the alleged default is such that it cannot reasonably be
cured within such 30-day period, the commencement of the cure
within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure within such
period.
Subject to the foregoing, after notice and expiration
of the 30-day period without cure, the notifying party, at its
option, may institute legal proceedings pursuant to this
Agreement and/or give notice of intent to terminate this
Agreement pursuant to Government Code Section 65868. Following
such notice of intent to terminate, the matter shall be
scheduled for consideration and review by the Council within
thirty calendar days in the manner set forth in Government Code
Sections 65867 and 65868. Following consideration of the
evidence presented in said review before the Council and a
determination that a default exists, the party alleging the
default by the other party may give written notice of
termination of this Agreement to the other party.
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F. Annual Review. Pursuant to Government Code Section
65865.1, throughout the term of this Agreement, good faith
compliance with the terms of this Agreement by Owner shall be
reviewed by the Planning Commission at the regularly scheduled
Planning Commission meeting next following each annual
anniversary of the Effective Date. If as a result of such
review, City reasonably determines, on the basis of substantial
evidence presented at such meeting, that Owner has not complied
in good faith with the terms and conditions hereof, City shall
provide written notice thereof (~Notice Of Non-Compliance"),
stating in specific detail and specific reasons for such
finding. After City delivers the Notice of Non-Compliance,
Owner shall have the right to cure such non-compliance as
provided in Section V.E. above. In the event that Owner does
not timely cure the non-compliance after a Notice of Non-
Compliance is delivered by City or, if during the period which
Owner must cure such default, Owner ceases to make reasonable
efforts to effect such cure, City may proceed to terminate this
Agreement on ten days' prior written notice to Owner in
accordance with the termination procedure set forth in Section
V.E. above.
G. Default by City. In the event City defaults (as
defined in Section V.E. herein) under the terms of this
Agreement, Owner shall have all rights and remedies provided
herein or under applicable law, including the specific
performance of this Agreement.
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H. Legal Action. Any party may, in addition to any other
rights or remedies, institute legal action to cure, correct or
remedy any default, enforce any covenant or agreement herein,
enjoin any threatened or attempted violation hereof, or enforce
by specific performance the obligations and rights of the
parties hereto.
Pursuant to Code of Civil Procedure Section 638, et
seq., all legal actions shall be heard by a referee who shall be
a retired judge from either the San Bernardino County Superior
Court, the California Court of Appeal, the United States
District Court or the United States Court of Appeals, provided
that the selected referee shall have experience in resolving
land use and real property disputes. Owner and City shall agree
upon a single referee who shall then try all issues, whether of
fact or law, and report a finding and judgment thereon and issue
all legal and equitable relief appropriate under the
circumstances of the controversy before such referee. If Owner
and City are unable to agree on a referee within ten days of a
written request to do so by either party hereto, either party
may seek to have one appointed pursuant to Code of Civil
Procedure Section 640. The cost of such proceeding shall
initially be borne equally by the parties. Any referee selected
pursuant to this Section V.H. shall be considered a temporary
judge appointed pursuant to Article 6, Section 21 of the
California Constitution.
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I. Waiver; Remedies Cumulative. Failure by City or Owner
to insist upon the strict performance of any of the provisions
of this Agreement, irrespective of the length of time for which
such failure continues, shall not constitute a waiver of the
right to demand strict compliance with this Agreement in the
future. No waiver by City or Owner of a default or breach of
any other party shall be effective or binding upon it unless
made in writing, and no such waiver shall be implied from any
omission by City or Owner to take any action with respect to
such default or breach. No express written waiver of any
defaults or breach shall affect any other default or breach, or
cover any other period of time, other than any default or breach
and/or period of time specified in such express waiver. One or
more written waivers of a default or breach under any provision
of this Agreement shall not be a waiver of any subsequent
default or breach, and the performance of the same or any other
term or provision contained in this Agreement. Subject to
notice of default and opportunity to cure under Section V.E.,
all of the remedies permitted or available under this Agreement,
at law or in equity, shall be cumulative and alternative, and
invocation of any such right or remedy shall not constitute a
waiver or election of remedies with respect to any other
permitted or available right or remedy.
J. Future Litigation Expenses.
1. Payment to Prevailing Party. If City or Owner
brings an action or proceeding (including, without limitation,
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any motion, order to show cause, cross-complaint, counterclaim,
or third-party claim) by reason of defaults, breaches, tortious
acts, or otherwise arising out of this Agreement, the prevailing
party in such action or proceeding shall be entitled to its
costs and expenses of suit including, but not limited to,
reasonable attorneys' fees and expert witness fees.
2. Scope of Fees. Attorneys' fees under this
Section shall include attorneys' fees on any appeal and, in
addition, a party entitled to attorneys' fees shall be entitled
to all other reasonable costs and expenses incurred in
connection with such action. In addition to the foregoing award
of attorneys' fees to the prevailing party, the prevailing party
in any lawsuit shall be entitled to its attorneys' fees incurred
in any post-judgment proceedings to collect or enforce the
judgment. This provision is separate and several and shall
survive the merger of this Agreement into any judgment on this
Agreement.
K. Term. Unless the ~Term" (as hereinafter defined) of
this Agreement is otherwise terminated, modified or extended by
circumstances set forth in this Agreement or by mutual consent
of the parties, the duration of this Development Agreement (the
~Term") shall be as follows:
(a) With respect to that portion of the Project lying
northerly of Church Street (as depicted in the Master Plan
(the ~North Project")), the Term shall be from the
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Effective Date until the tenth anniversary of the Effective
Date; and
(b) With respect to that portion of the Project lying
southerly of Church Street (the ~South Project"), the Term
shall be from the Effective Date until the earlier of (i)
the fifteenth anniversary of the Effective Date or (ii) ten
(10) years following the opening of the first "anchor
tenant" in the Regional Commerce Center. For purposes of
this Agreement, the term "anchor tenant" shall be defined
to mean a tenant in the Regional Commerce Center with floor
area of at least 50,000 square feet.
Upon the expiration of the applicable Terms for the North and
South Projects, if Owner has not then performed construction
work on one or more legal 10ts located in the South or the North
Projects pursuant to a building permit or permits issued by
City, this Agreement shall be deemed terminated with respect to
those lots in the South and North Projects upon which
construction work has not then been performed; provided,
however, such termination shall not affect any right or duty
arising from any Project Approvals or Future Approvals with
respect to those lots. As to any lot in the South Project
and/or North Project, other than a for sale residential lot, on
which construction work has been performed prior to the
expiration of the applicable Term, the provisions of this
Agreement shall continue to apply until the earlier of (i) this
Agreement being amended or terminated by the parties hereto or
32294/744272v12 32
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Page 41 of 82
their respective successors or assigns or (ii) 10 years
following the expiration of the South Project Term. For the
foregoing purposes, construction work shall not include
preparation of plans, engineering work or grading.
This Agreement shall impose no obligations with
respect to any single family residential lot and such lot shall
be released from any obligations pursuant to this Agreement,
without the execution or recordation of any further document,
when a certificate of occupancy has been issued for the
building(s) on the tot.
L. Permitted Delays; Supersedure by Subsequent Laws.
1. Permitted Delays. In addition to any specific
provisions of this Agreement, performance of obligations
hereunder shall be excused and the Term of this Agreement shall
be similarly extended during any period of delay caused at any
time by reason of: acts of God such as floods, earthquakes,
fires, or similar catastrophes; wars, riots or similar
hostilities; strikes and other labor difficulties beyond the
party's control (including the party's employment force); the
enactment of new laws or restrictions imposed or mandated by
other governmental or quasi-governmental entities preventing
this Agreement from being implemented; litigation involving this
Agreement, the Project Approvals, the Future Approvals or the
Ministerial Approvals, which directly or indirectly delays any
activity contemplated hereunder, delay in the issuance of bonds
or formation of the CFD or other Financing Mechanism; or other
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causes beyond the party's control. City and Owner shall
promptly notify the other party of any delay hereunder as soon
as possible after the same has been ascertained.
2. Supersedure by Subsequent Laws. If any federal
or state law, made or enacted after the Effective Date prevents
or precludes compliance with one or more provisions of this
Agreement, then the provisions of this Agreement shall, to the
extent feasible, be modified or suspended as may be necessary to
comply with such new law. Immediately after enactment or
promulgation of any such new law, City and Owner shall meet and
confer in good faith to determine the feasibility of any such
modification or suspension based on the effect such modification
or suspension would have on the purposes and intent of this
Agreement. Owner and/or City shall have the right to challenge
the new law preventing compliance with the terms of this
Agreement, and in the event such challenge is successful, this
Agreement shall remain unmodified and in full force and effect.
At Owner's sole option, the term of this Agreement may be
extended for the duration of the period during which such new
law precludes compliance with the provisions of this Agreement.
M. Amendment of A~reement. This Agreement may be amended
from time to time by mutual consent of the parties to this
Agreement, in accordance with the provisions of Government Code
Sections 65867 and 65868.
N. Operating Memoranda. The provisions of this Agreement
require a close degree of cooperation between City and Owner and
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the refinements and further development of the Project may
demonstrate that clarifications are appropriate with respect to
the details of performance of City and Owner. If and when, from
time to time, during the term of this Agreement, City and Owner
agree that such clarifications are necessary or appropriate,
they shall effectuate such clarifications through operating
memoranda approved by City and Owner, which, after execution,
shall be attached hereto. No such operating memoranda shall
constitute an amendment to this Agreement requiring public
notice or hearing. The City Attorney and City Manager shall be
authorized to make the determination whether a requested
clarification may be effectuated pursuant to this Section or
whether the requested clarification is of such a character to
constitute an amendment hereof pursuant to Section V.M. The
City Manager may execute any operating memoranda hereunder
without Council action.
SECTION VI. MISCELLANEOUS.
A. Negation of Partnership. The Project constitutes
private development, neither City nor Owner is acting as the
agent of the other in any respect hereunder, and City and Owner
are independent entities with respect to the terms and
conditions of this Agreement. None of the terms or provisions
of this Agreement shall be deemed to create a partnership
between or among the parties in the businesses of Owner, the
affairs of City, or otherwise, nor shall it cause them to be
considered joint venturers or members of any joint enterprise.
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B. NO Third Party Beneficiary. This Agreement is not
intended, nor shall it be construed, to create any third-party
beneficiary rights in any person who is not a party, unless
expressly otherwise provided.
C. Entire Agreement. This Agreement sets forth and
contains the entire understanding and agreement of the parties,
and there are no oral or written representations, understandings
or ancillary covenants, undertakings or agreements which are not
contained or expressly referred to herein. No testimony or
evidence of any such representations, understandings or
covenants shall be admissible in any proceeding of any kind or
nature to interpret or determine the terms or conditions of this
Agreement.
D. Severability. Invalidation of any of the provisions
contained in this Agreement, or of the application thereof to
any person, by judgment or court order shall in no way affect
any of the other provisions hereof or the application thereof to
any other person or circumstance, and the same shall remain in
full force and effect, unless enforcement of this Agreement, as
so invalidated, would be unreasonable or inequitable under all
the circumstances or would frustrate the purposes of this
Agreement and the rights and obligations of the parties hereto.
E. Construction of A~reement. The provisions of this
Agreement and the Exhibits hereto shall be construed as a whole
according to their common meaning and not strictly for or
against Owner or City and consistent with the provisions hereof,
32294/744272v12 3 6 04/11/01
Ordinance No. 655
Page 45 of 82
in order to achieve the objectives and purposes. Wherever
required by the context, the singular shall include the plural
and vice versa, and the masculine gender shall include the
feminine or neuter genders, or vice versa.
F. Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
G. Applicable Law. This Agreement shall be construed and
enforced in accordance with the laws of the State of California.
H. Notices. Any notice shall be in writing and given by
delivering the same in person or by sending the same by
registered, or certified mail, return receipt requested, with
postage prepaid, by overnight delivery, or by facsimile to the
respective mailing addresses, as follows:
City: City of Rancho Cucamonga
10500 Civic Center Drive,
Box 807
Rancho Cucamonga, CA 91729-0807
Attention: City Manager
Facsimile: (909) 477-2849
Copy to: Richards, Watson & Gershon
Attorneys at Law
Number One Civic Center Circle
P. O. Box 1059
Brea, CA 92822-1059
Attention: James L. Markman, Esq.
Facsimile: (714) 990-6230
32294/744Z72V12 3 7 04/11/01
Ordinance No. 655
Page 46 of 82
Owner: Cucamonga 220, L.P.
C/o American Beauty Development Co.
16830 Ventura Boulevard, Suite 401
Encino, CA 91436
Attention: Daniel Shine
Facsimile: (818) 981-4821
Copy to: Cox, Castle & Nicholson LLP
2049 Century Park East, 28th Floor
Los Angeles, CA 90067
Attention: Ronald I. Silverman, Esq.
Facsimile: (310) 277-7889
Either City or Owner may change its mailing address at any time
by giving written notice of such change to the other in the
manner provided herein at least ten days prior to the date such
change is effected. All notices under this Agreement shall be
deemed given, received, made or communicated on the earlier of
the date personal delivery is effected or on the delivery date
or attempted delivery date shown on the return receipt, air bill
or facsimile.
I. Time is of the Essence. Time is of the essence of
this Agreement and of each and every term and condition hereof.
J. Limitation of Liability. City hereby acknowledges and
agrees that Owner's obligations under this Agreement are solely
those of Cucamonga 220, L.P. and in no event shall any present,
past or future officer, director, shareholder, employee,
partner, affiliate, manager, representative or agent of Owner
("Related Parties") have any personal liability, directly or
indirectly, under this Agreement and recourse shall not be
available against Owner or any Related Party in connection with
this Agreement or any other document or instrument heretofore or
32294/744272v12 38 04/11/01
Ordinance No. 655
Page 47 of 82
hereafter executed in connection with this Agreement. The
limitations of liability provided in this Section are in
addition to, and not in limitation of, any limitation on
liability applicable to Owner or any Related Party provided by
law or in any other contract, agreement or instrument.
K. Recordation. In order to comply with
Section 65868.5 of the Government Code, the parties do hereby
direct the City Clerk to record a copy of this Agreement against
the Property with the County Recorder of San Bernardino County
within ten (10) days after the Effective Date.
32294/744272vi2 ] 9 04/11/01
Ordinance No. 655
Page 48 of 82
IN WITNESS WHEREOF, O~er and City have executed
this Agreement as of the date first hereinabove written.
~City"
~proved as to Fo~:
/~ty Attorney
'O~er"
CUCAMONGA 220, L.P., a
California limited
partnership
By: INTERSTATE 15-220
RANCHO CUC~ONGA) AIP,
L.P., a California limited partnership general partner
By: Avanti Properties
Group, J.V. , a
Florida joint
venture, as general
partner
By: Avanti Development
Corporation, a
Florida corporation, as principal managing venturer
B y: ~f~
Title: ~k~'
32294/744272v12 4 0 04/11/01
Ordinance No. 655
Page 49 of 82
STATE OF C-A~-I-FOR/fIA )
) ss.
COUNTy OF ~ra~a~ )
on ,°', before me, the undersigned,
a Notary Public'in and for said County and State, personally
appeared
~ersonally known to me (or proved to me on the basis of
satisfacto~ 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 within instrument.
WI~ESS my hand and official seal.
BERNADETTEVOLOSIN ,~
Notary PubliC, State of Florida Notary Public
My cornrn. exp. OcL 25, 2002
Cornre. No. DO 013570
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On 19__~ before me, the undersigned
a Notary Public in and for said County and State, personally
appeared
personally known to me (or 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 o~ which the
person(s) acted~ executed the within instrument.
WITNESS my hand and official seal.
Notary Public
32294/744272v12 4 1 04/11/01
Ordinance No. 655
Page 50 of 82
DEVELOPMENT AGREEMENT EXHIBITS
EXHIBIT "A'
LEGAL DESCRIPTION OF LANDS OWNED BY AMERICAN BEAUTY DEVELOPMENT
COMPANY AND VESTED TO CUCAMONGA '~20, LP, A CALIFORNIA LI]VlITED PARTNERSHIP
AS DESCRIBED IN A TITLE POLICY, ORDER #7200072A, PURCHASED FROM CHICAGO
TITLE.
DESCRIBED MORE FULLY AS:
BE/NG A SUBDIVISION OF PORTIONS OF ETIWANDA COLONY LANDS, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS, RECORDS OF SAID COUNTY, PORTIONS OF
ETIWANDA CACTUS ACRES, IN SAID CITY, COUNTY, AND STATE, AS PER, MAP RECORDED
IN BOOK 19, PAGE 63 OF SAID MAPS FILED IN BOOK 1, PAGE I OF PARCEL MAP RECORDS
OF SAID COUNTY AND A PORTION OF SECTION 5, TOWNSHIP I SOUTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN, IN SAID CITY, COUNTY, AND STATE.
PARCEL 1: THRU 18
DESCRIPTION
PARCEL 1:
THOSE PORTIONS OF LOTS 3, 4, 5, 6, II, 12, 13 AND 14 IN BLOCK "S" OF ETIWANDA
COLONY LANDS, IN THE COUNTY IF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 2 PAGE 24 OF MAPS, IN THE OFFICES OF THE COUNTY
RECORDER OF SAID COUNTY, TOGETHER, WITH THAT PORTION OF PARCEL 2 OF PARCEL
MAP NO. 1 AS PER MAP RECORDED IN BOOK 1 PAGE I OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCILIBED AS PARCELS 1, 2, AND 3 IN
DEED TO B.D.Z. INVESTORS, RECORDED MAY 31, 1978 IN BOOK 9443 PAGE 976 OF
OFFIC/AL RECORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITH~/PARCEL MAP 7966, AS PER, MAP
RECORDED IN BOOK 86 PAGES I TO 3, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER. 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2:
PARCEL NO. 3 OF PARCEL MAP NO. 1, IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER, MAP RECORDED IN f~OOK 1 PAGE 1
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE EAST ONE-HALF OF THE
WEST ONE-HALF OF SECTION 5, TOWNSHIP l SOUTH, RANGE 6 WEST, SAN BERNARD1NO
MERIDIAN.
Ordinance No. 655
Page 51 of 82
EXHIBIT "A" Page 2
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 1N BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 3:
LOTS 11 TO 20 INCLUSIVE, BLOCK 1; LOTS 1 TO 20, INCLUSIVE, BLOCK 2; LOTS 11 TO 18,
INCLUSIVE BLOCK 8; THAT PORTION OF LOT "A" LYING NORTHERLY OF AND ADJACENT
TO LOTS "B' AND "C" AND LOT 11 BLOCK I AND LOTS 10 AND 11 BLOCK 2; THAT
PORTION OF LOT "B" LYING ADJACENT TO LOTS 11 TO 20, INCLUSIVE, BLOCK I AND
LOTS 1 TO 10, INCLUSIVE, BLOCK 2; THAT PORTION OF LOT "C" LYING EASTERLY OF AND
ADJACENT TO LOTS 11 TO 20, INCLUSIVE, BLOCK 2 AND LOTS 1 l TO 20 BLOCK 8; ALL IN
ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 19 PAGE 63 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING XVITHIN THE WESTERLY 330 FEET OF SAID
BLOCK 1.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE WESTERLY 360 FEET
OF SAID LOT "A".
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE EASTERLY 3.1. FEET OF
SAID LOT "C".
ALSO EXCEPTING THEREFROM THE EASTERLY 3.1. FEET LYING SOUTH OF THE
NORTHERLY 15 FEET OF THAT PORT1ON OF SAID LOT "A' LYING NORTHERLY OF AND
ADJACENT TO SAID LOT "C".
ALSO EXCEPT FROM SAID LOT "A" THAT PORTION INCLUDED WITHIN THE LINES OF THE
LAND DESCRIBED AS PARCEL 2 IN THE DEED TO SOUTHERN CALIFORNIA EDISON
COMPANY, A CORPORATION, RECORDED JUNE 5, 1973 IN BOOK 8197, PAGE 27 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 4:
LOTS 19 AND 20, BLOCK 8, ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 19 PAGE 63 OF MAPS, IN THE OFFICE OF THE COUIqTY RECORDER OF
SAID COUNTY.
Ordinance No. 655
Page 52 of 82
EXHIBIT "A" Page 3
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEh4BER 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 5:
THOSE PORTIONS OF ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAD
RECORDED 1N BOOK 19 PAGE 63 OF MAPS, IN THE OFFICE OF TNE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS PARCELS 1, 2, AND 3 IN DEED TO FOOTHILL ASSOCIATES
RECORDED FEBRUARY 9, I982 AS INSTRUMENT NO. 82-026007 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP 7966, AS PER MAP
RECORDED IN BOOK 86 PAGES 1 TO 3, INCUSIVE, OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAD COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE EAST ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 5,
TOWNSHIP I SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, AS IN BOOK 7275 PAGE 734 OF OFFICIAL
RECORDS OF SAID COUNTY, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT A THREE-QUARTER INCH IRON PIPE MARKING THE SOUTHEAST
CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH
89 DEGREES 55 MINUTES 06 SECONDS WEST 2551.30 FEET; THENCE NORTH 44 DEGREES 47
MINUTES 32 SECONDS EAST 628.66 FEET; THENCE AT RIGHT ANGLES, NORTH 45 DEGREES
12 MINUTES 28 SECONDS WEST 328.10 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTWESTEREY
AND HAVING A RADIUS OF 2000 FEET; THENCE, COURSE "A", NORTHEASTERLY ALONG
SAID CURVE FROM A TANGENT BEARING NORTH 69 DEGREES 30 MINUTES 00 SECONDS
EAST THROUGH A CENTRAL ANGLE OF 11 DEGREES 40 MINUTES 35 SECONDS, A
DISTANCE OF 407.58 FEET; THENCE, COURSE "B" NORTH 57 DEGREES 49 MINUTES 25
SECONDS EAST 10.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTWESTERLY WITH A RADIUS OF 1800 FEET; THENCE COURSE "C" NORTHEASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 58 MINUTES 01
SECONDS A DISTANCE OF 438.78 FEET; THENCE, A COURSE "D" NORTH 43 DEGREES 51
MINUTES 24 SECONDS EAST TO THE NORTH LINE OF SAID EAST ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 5.
ALSO EXCEPTING THEREFROM THAT PORTION MORE PARTICULARLY DESCRIBED AS
PARCEL 44A.1 IN THE DEED TO CSM & C EXPANSION, A CALIFORNIA LIMITED LIABILITY
COMPANY, RECORDED JANUARY 30, 1997 AS INSTRUMENT NO. 97-033091 OF OFFICIAL
RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
Ordinance No. 655
Page 53 of 82
EXtIIBIT "A" Page 4
SAID LAND 1S SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. AND FILED SEPTEMBER 7, 1979 IN BOOK 38 PAGE 53 OF
RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 6:
LOTS 11 TO 20 INCUSIVE, BLOCK 7, AND THE WEST ONE-HALF OF LOT "B" ADJOINING
SAID LOTS ON THE EAST, OF ETIWANDA, CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 19 PAGE 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
ALSO EXCEPTING ANY PORTION LYING WITHIN THE WEST 330 FEET OF SAID BLOCK 7.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982, IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 7:
LOTS 1 TO 10 INCLUSIVE, BLOCK 8, AND THE EAST ONE-HALF OF LOT "B' ADJOINING
SAID LOTS ON THE WEST, OF ETIWANDA, CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDER IN BOOK 19 PAGE 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAD LAND 1S SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGE 51 TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 8:
LOTS I TO 10 INCLUSIVE, BLOCK 3; LOTS I TO 10 INCLUSIVE, BLOCK 9; THE EASTERLY 3.1
FEET OF LOT "C' AND THAT PORTION OF LOT "A", LYING BETWEEN THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID LOT t, BLOCK 3 AND THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF SAID EASTERLY 3.1 FEET OF LOT "C", ALL
OF ETIWANDA CACTUS ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS RECORDED IN BOOK 19, PAGE 63 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Ordinance No. 655
Page 54 of 82
EXHIBIT "A" Page 5
EXCEPTING THEREFROM THE NORTHERLY 15 FEET OF S/LID LOT "A".
ALSO EXCEPTING THEREFROM THE SOUTHERLY 20 FEET OF SAID LOT 1, BLOCK 9 AND
THE SOUTHERLY 20 FEET OF LOT "C" AS CONVEYED TO THE STATE OF CALIFORNIA BY
DEED RECORDED MARCH 1 i, 1930, IN BOOK 594, PAGE 292, OF THE OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER.
PARCEL 9:
LOTS 11 TO 20 INCLUSIVE, BLOCK 3; LOTS 11 TO 20 INCLUSIVE, BLOCK 9; THE EASTERLY
3.1 FEET OF LOT "C" AND THAT PORTION OF LOT "A", ALL OF ETIWANDA CACTUS ACRES
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD[NO, STATE OF
CALIFORNIA, AS RECORDED IN BOOK 19, PAGE 63 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE WESTERLY 330.00 FEET OF
THE EAST ONE-HALF OF THE WEST ONE-HALF OF SECTION 5, TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO BASE MERIDIAN.
EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY 15 FEET OF SAID LOT "A".
ALSO EXCEPTING THEREFROM THE SOUTHERLY 20 FEET OF SAID LOT 20, BLOCK 9 AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 11, 1930, IN
BOOK 594, PAGE 292, OF THE OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER.
PARCEL 10:.
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE 1, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING VqITHIN THE WESTERLY 330.00 FEET OF THE EAST
HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREON.
PARCEL 11:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. I, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK l, PAGE I OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WITHIN THE WESTERLY 330.00 FEET OF THE EAST
HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 12:
THAT PORTION OF THE NORTH 15 FEET OF LOT "A" SHOWN ON THE MAP OF ETIWANDA
CACTUS ACRES, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ON FILE IN BOOK 19, PAGE 63 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE WESTERLY 330.00 FEET OF
Ordinance No. 655
Page 55 of 82
EXHIBIT "A' Page 6
THE EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH, RANGE 6 WEST,
SAN BERNARDINO MEPdDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL
THAT PORTION OF PARCEL 2 OF APRCEL MAP NO. 1, IN THE CITY OF RANCHO
CUCAMONGA COUNTY OF SAN BERNARD[NO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE THAT IS WITH AND DISTANT
330.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE
EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THERFEROM THE EASTERLY 330.00 FEET.
ALSO EXCEPT THEREFROM ALL HRAN1U1M, THORIUM AND OTHER FISSIONABLE
MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES, AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR
LrNDERLYING, OR WHICH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE
PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTIlN'G SAID URANIUM,
THORIUM AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM,
AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, WITHOUT,
HOWEVER, THE RIGHT OF SURFACE ENTRY OR TO USE SAID LAND OR ANY PORTION
THEREOF TO SAID DEPTH OF 500 FEET FRO ANY PURPOSE WHATSOEVER, AS RESERVED
BY SOUTHERN SURPLUS REALTY CO., A CALIFORNIA CORPORATION, IN THE DEED
RECORDED DECEMBER 8, 1982 AS INSTRUENT NO. 82-244151 OF OFHCIAL RECORDS, IN
SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 14:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 1, IN THE CITY OF RANCHO
CUCAMONGA, COLrN/~/OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE I OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING W1TH]N THE EAST HALF OF THE WEST HALF OF
SECTION 5, TOWNSHIP 1, SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THEREFROM THE WESTERLY 330.00 FEET.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LINES OF THE LAND
DESCRIBED IN THE DEED TO FOOTHILL ASSOCIATES, A CALIFORNIA GENERAL
PARTNERSHIP, RECORDER FEBRUARY 28, 1984 AS INSTRUMENT NO. 84-046247 OF
OFFC1AL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPT THEREFROM ANY PORTION INCLUDED W1THIN THE EXTERIOR
BOUNDARIES OF PARCEL MAP NO. 7966, AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES 1
THROUGH 3, INCLUSIVE, OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER.
Ordinance No. 655
Page 56 of 82
EXHIBIT "A" Page 7
ALSO EXCEPT THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE
MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES, AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING, OR WHICH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE THAT PORTION OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO
AND 500 FEET FOR ANY PURPOSE WHATSOVER, AS RESERVED BY SOUTHERN SURPLUS
REALTY CO., A CALIFORNIA COREORATION, IN THE DEED RECORDED DECEMBER 8, 1982
AS INSTRUMENT NO. 82-244151 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY
RECORDER.
PARCEL 15:
THAT PORTION OF THE NORTH 15 FEET OF THE EAST 2675 FEET OF LOT "A" AS SHOWN
ON THE MAP OF ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ON FILE IN BOOK 19, PAGE 63 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE
EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF PARCEL 3 OF PARCEL MAP NO. 1, AS SHOVi/N
BY MAP ON FILE IN BOOK 1, PAGE I OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER.
ALSO EXCEPT THEREFROM THE WESTERLY 330.00 FEET.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LINES OF THE LAND
DESCRIBED IN THE DEED TO FOOTHILL ASSOCIATES, A CALIFORNIA GENERAL
PARTNERSHIP, RECORDED FEBRUARY 28, 1984 AS INSTRUMENT NO. 84-046247 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPT THEREFROM ANY PORTION INCLUDED WITHIN THE EXTERIOR
BOUNDARIES OF PARCEL MAP NO. 7966, AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES 1
THROUGH 3, INCLUSIVE, OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPT THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE
MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES, AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING, OR WH/CH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE
PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIU1M,
THORIUM AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPAHTUM,
AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, WITHOLFF,
HOWEVER, THE RIGHT OF SURFACE ENTRY OR TO USE SAID LAND OR ANY PORTION
THEREOF TO SAID DEPTH OF 500 FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED
BY SOUTHERN SURPLUS REALTY CO., A CALIFORNIA CORPORATION, IN THE DEED
Ordinance No. 655
Page 57 of 82
EXHIBIT "A" Page g
RECORDED DECEMBER 8, 1982 AS INSTRUMENT NO. 82-244151 OF OFFICIAL RECORDS, IN
SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 16:
LOTS 3, 6 AND 7 OF BLOCK "X', TOGETHER WITH THE WEST 40.00 FEET OF LOT 2
OF SAID BLOCK "X", BOTH OF ETIWANDA COLONY LANDS, RECORDED IN BOOK
2, PAGE 24 OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO
COUNTY, TOGETI-~R WITH BLOCK 6 AND LOTS A AND G OF ETIWANDA CACTUS
ACRES, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 63 OF MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF CALIFORNIA.
EXCEPTING THAT PORTION LYING WEST OF A LINE THAT IS PARALLEL AND
CONCENTRIC WITH AND 52.00 FEET EASTERLY AND SOUTHEASTERLY, MEASURED AT
RIGHT ANGLES, OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND SHOWN ON PARCEL MAP NO.
7966 RECORDE IN BOOK 86, PAGE I THROUGH 3, INCLLUSIVE, OF PARCEL MAPS,
RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, SAID CORNER BEING
THE CENTERLINE INTERSECTION OF MILLER AVENUE AND VICTORIA LOOP, AS SHOWN
ON SAID PARCEWL MAP; THENCE SOUTHERLY ALONG THE MOST EASTERLY LINE OF
SAID LAND, SOUTH 00°07'34'' WEST, 1065.16 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE
SOUTHERLY ALONG SAiD CURVE THROUGH A CENTRAL ANGLE OF 37°54'24', 529.28
FEET.
ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE
DEED TO FRANK BENETIC AND IVANKA BENETIC PER DEED RECORDED JULY 11,1973 IN
BOOK 8222, PAGE 478 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, STATE OF
CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL LAND LYING SOUTHEASTERLY OF THE
NORTI-IVfESTERLY LINE OF THOSE CERTAIN PARCELS OF LAND DESCRIBED IN DEEDS TO
THE STATE OF CALIFORNIA PER DEEDS RECORDED OCTOBER 17, 1972 IN BOOK 8042,
PAGE 213, AND RECORDED OCTOBER 25, 1972 IN BOOK 8047, PAGE 173, AND RECORDED
OCTOBER 25, 1974 IN BOOK 8544, PAGE 796, ALL OF OFFICIAAL RECORDS, RECORDS OF
SAD COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3 IN BLOCK "X" OF
ETIWANDA COLONY LANDS LYING EAST OF THE EAST LINE OF SAID LOT "G" OF
ETIWANDA CACTUS ACRES.
PARCEL 17:
LOT 3 IN BLOCK "X" ACCORDING TO THE PRELIMINARY MAP OF THE ETI~VANDA
COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE 24 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Ordinance No. 655
Page 58 of 82
EXHIBIT "A" Page 9
EXCEPTING THEREFROM THAT PORTION LYING WITHP4 THE EXTERIOR BOUNDARIES OF
ETIWANDA CACTUS ACRES, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 63 OF MAPS,
IN SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 18:
THE SOUTH HALF OF LOTS 9 AND 10 IN BLOCKS AS SHOWN ON THE PRELIMINARY MAP
OF THE ET1WANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE
24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THOSE LANDS LYING SOUTH OF THE CENTERLINE ALIGNMENT OF CHL~CH
STREET, EAST OF THE CENTERLINE OF DAY CREEK BOULEVARD, AND NORTH OF THE
CENTERLINE OF FOOTHILL BOULEVARD AS SHOWN ON TENTATIVE TRACT 15974.
AS SHOWN ON THE UNRECORDED PARCEL MAP 15641 (ATTACHED AND LABELED
EXHIBIT A-l), AS LOTS 20 THRU 26.
Ordinance No. 655
Page 59 of 82
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Ordinan~ No. 655
Pa~e 60 of 82
Ordinance No. 655
Page 61 of 82
EXHIBIT C
Regional Commercial Center
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Ordinance No. 655
Page 62 of 82
EXHIBIT B
Project Illustrative Plan
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~'~""~ 1~6,~ ~ / ~
No,... EXHIBIT 'D'
, .., m ,., -,, ,,- TENTATIVE TRACT NO, 15974
Ordinance No, 655
Page 63 of 82
EXHIBIT 'D'
TENTATIVE TFIACT NO. 15~74
C[]f. IM~'II~=SiI//~RIIRDI~ ffi'-4TEI~IC~f..j:~IfII~ w,,~4c I~z
illlllll
EXHIBIT 'D'
TENTATIVE TRACT NO. 15974
'S ~.. ~_. ~, !.~ ~.. F_.. '~ ~t 0 . 2 ~1~1<11<~1'~1<31~<
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or4 s~Ers
Ordinance No. 655
Page 65 of 82
I
EXHIBIT 'D'
TENTATIVE TRACT NO, 1,,~974
.
I
Ordinance No. 655
Page 66 of 82
This Exhibit only illustrates the phasing of lots development. The phasing
of public improvemenls shall be in accordance wilh/he conditions of
approval contained in Planning Commission Resolution No. 01-25
L[G[NO
Ordinance No. 655
Page 68 of 82
EXHIBIT "F"
DEVELOPMENT FEES
The only Development Impact Fees that are to be paid in conjunction with the
development of the Property are as follows:
BEAUTIFICATION FEES
For each single family structure and multi-family structure or in a hotel, motel or
dormitory, 20 cents per square foot of gross building area under roof (excluding
balconies, patios, courtyards, and porches), or two hundred dollars per each dwelling
unit, whichever is the greater total sum.
For each addition to a dwelling unit in a single family condominium, apartment, duplex,
or multi-dwelling structure, or in a hotel, or dormitory, which addition consists of 650
square feet or more under roof, or which addition creates an additional dwelling unit, 20
cents per square foot of gross building area under roof, or two hundred dollare per each
dwelling unit, whichever is the greater total sum.
For each trailer space, two hundred dollars with no additional sum for any directly
accessory structure.
ETIWANDNSAN SEVAINE DRAINAGE FEES
The drainage fees listed below are calculated on a "per net acre" basis and are
applicable only to that portion of the Property lying within the San Sevaine Drainage
Area (more specifically, the portion of the Property lying within approximately 500 feet of
the centerline of Etiwanda Ave.)
Regional Mainline Fee - $7,800.00
Master Plan Fee - $22,700.00
TRANSPORTATION DEVELOPMENT FEES
The project shall not be regulated or participate in Ordinance No. 445 for City wide fees
for transportation facilities.
UNDERGROUNDING OVERHEAD UTILITIES
· Electrical $128.00 Unit Amount/linear Foot
· Telephone $ 75.00 Unit Amount/Linear Foot
· Cable TV $10.00 Unit Amount/Linear Foot
TRAFFIC IMPACT ANALYSIS
Base Line Road at Cherry Avenue $ 56,218.00
Base Line Road at Southbound I-15 Freeway on/off ramps $185,897.00
Base line Road at Nodhbound 1-15 Freeway on/off ramps $116,773.00
Total Fair Share Cost of Traffic Circulation improvements $358,888.00
Ordinance No. 655
Page 69 of 82
EXHIBIT "G"
CONDITIONS
1, All conditions of approval for the Victoria Arbors Master Plan DR 91-04 as
contained in Planning Commission Resolution No. 01-23 shall apply and
incorporated herein by reference.
2. All condition of approval for the Tentative Parcel Map 15641 as contained
in Planning Commission Resolution No. 01-24 shall apply and
incorporated herein by reference.
3. All cendifion of approval for the Tentative Tract Map 15974 as contained
in Planning Commission Resolution No. 01-25 shall apply and
incorporated herein by reference.
4. Summary of Impacts and Mitigation contained in the Final EIR entitled
"Final Environmental Impact Report Victoda Village SCH No. 98041137"
and as modified by the Addendum to the EIR for Tentative Tract Map
15974 and Tentative Parcel Map 15641 shall apply.
5. Provide conduit for future fiber optic use on all streets required for this
project as follows: Day Creek Boulevard, Base Line Road, Victoria Loop,
Church Street, and Foothill Boulevard shall each have (4) 2-inch conduits,
(1) 3-inch conduit, and (1) 4-inch conduit.
All other streets shall have (1) 3-inch conduit.
6. Master Infrastructure Allocation, Infrastructure, Cost Estimate and Cost
Sharing Agreement shall be subjected to the final CFD Report and as
approved by City Engineer.
INFRASTRUCTURE COST ESTIMATE BREAKDOWN
PHASED ESTIMATE (PHASES 1A, IB, 1C, 2A, 2B)
JANUARY 25, 2001
Master infrastructure Allocation. Infrastructure, Cost Estimate and Cost "0 ~'
BUTW~LLD~NE~rAMAN~C~t4s~rrANT~THT~TERM~"T/-~U~C~EAND~ALE~GRE~AENT~mT~ apprOVed by City Engineer. cc~ n
INFRASTRUCTURE COST ESTIMATE BREAKDOWN
PHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
JANUARY 25, 2001
MDS CONSULTING EXHIBIT "H" G:I~61~CESTICFD MULTIPLE P~SED 1-2~2~1 .~
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
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INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
O
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
DAY CREEK B(3ULEV'ARD LF ~Z r~ [ z
STREETIMPROVF~MENTS(FRONTAG~ 2,420 $ 249 $ 602,580 $ 301,290 $ 301,290 $ $ $ $ $ $
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(j"lO
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES 1A, 1B, 1C, 2A, 2B)
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES 1A, 1B, 1C, 2A, 2B)
CHURCH,I,~:, TODAYC, m~SOUL~N~r, i ~ . - ~ ~
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NZ
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES 1A, 1B, 1C, 2A, 2B)
O
INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES IA, 1B, 1C, 2A, 2B)
$ i $ $ , $ $ $ $ $ _
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INFRASTRUCTURE COST ESTIMATE
BREAKDOWNPHASED ESTIMATE (PHASES 'IA, 1B, tC, 2A, 2B)
MASTER INFRASTRUCTURE COST PERCENTAGE ALLOCIATION ESTIMATE
PHASED ESTIMATE (PHASES 1A, 1B, 1C, 2A, 2B)
JANUARy 25, 2001
IHO~C~PM~Ai~R~"~i~,,' Master Infrastructure AllouUon, Infrastmdure, Cost Estimate and Cost
Sharing Agreement shall be subjected to the final CFD Repod and as
approved by Ci~ Engineer.