HomeMy WebLinkAbout04-61 - Resolutions RESOLUTION NO. 04-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY
OF RANCHO CUCAMONGA ENTER INTO DEVELOPMENT AGREEMENT
DRC2003-00751, ASSOCIATED WITH TENTATIVE TRACT MAP
SUBTT16324, AS PROVIDED FOR IN SECTION 65864 OF THE
CALIFORNIA GOVERNMENT CODE; AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 0225-084-04, 0226-081-09 AND 10, AND
0226-082-29.
A. Recitals.
1. Henderson Creek Properties, LLC. filed an application for Development Agreement
DRC2003-00751, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Agreement is referred to as "the application."
2. On the 12th day of May 2004, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
3. The subject property of the Development Agreement is legally described herein.
4. A true and correct copy of the proposed Development Agreement is attached as Exhibit
"A" to this Resolution.
5. The Planning Commission has reviewed and considered the associated Environmental
Impact Report prepared for said project.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. This Commission hereby specifically finds that the Development Agreement and each
and every term and provision contained therein conforms to the General Plan of the City of Rancho
Cucamonga.
3. This Commission hereby finds that an Environmental Impact Report has been completed
in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the
Guidelines promulgated thereunder; and further,that this Commission has reviewed and considered
the information contained in said Environmental Impact Report.
4. This Commission hereby recommends approval of the Development Agreement attached
hereto as Exhibit "A."
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 04-61
DEVELOPMENT AGREEMENT DRC2003-00751 — HENDERSON CREEK PROPERTIES, LLC.
May 12, 2004
Page 2
APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
L -f c iel, Vice Chairman
ATTEST- "fes S
Brad 8pk1Secretqg
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 12th day of May 2004, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
DEVELOPMENT AGREEMENT DRC2003-00751
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA
AND HENDERSON CREEK PROPERTIES, LLC CONCERNING PROPOSED
TENTATIVE TRACT 16324
This Agreement (the "Development Agreement") is made and entered into this _ day of
, 2004, by and between Henderson Creek Properties. LLC, a California limited
liability company, and the City of Rancho Cucamonga, a municipal corporation (the "CITY")
pursuant to the authority of Section 65864 through 65869.5 of the California Government Code.
Henderson Creek Properties. LLC, and its successors and assigns, if any, are referred to
collectively hereinafter as the "Property Owner'. The CITY and Henderson Creek Properties,
LLC are collectively referred to herein as the "Parties".
RECITALS:
A. To provide more certainty in the approval of development projects, to encourage
private participation in comprehensive planning, and to reduce the economic risk of
development, the Legislature of the State of California has adopted Sections 65864, et seq. of
the California Government Code, thus authorizing the CITY to enter into binding development
agreements with persons having legal or equitable interests in real property, in order to
establish development rights with respect thereto.
B. Section 65865(b) of the California Government Code authorizes the CITY to
enter into a binding development agreement with respect to real property which is in
unincorporated territory but also within the CITY's sphere of influence, provided that the
effectiveness of the development agreement is conditioned upon the annexation of such real
property to the CITY within the period of time for annexation as specified in the Development
Agreement.
C. Property Owner owns fee title to approximately 90.4 acres of real property
located entirely within the County of San Bernardino (the "County") and more particularly
described in Exhibit A and depicted on Exhibit B attached hereto (the "Project Site").
D. On July 28, 2003, the City received an application for a Tentative Tract Map
(SUBTT16324), a General Plan Amendment (DRC2003-00749), an Etiwanda North Specific
Plan Amendment (DRC2003-00750), along with this Development Agreement (DRC2003-
00751) and a request for Annexation of the proposed Project. An Environmental Impact Report
has been prepared to address the potential environment impacts of the proposed project and all
discretionary actions anticipated by the CITY and the Local Agency Formation Commission.
E. As set forth in Ordinance No. _ adopted by the City Council on (the
"Enacting Ordinance"), the execution of this Development Agreement and performance of and
compliance with the terms and conditions set forth herein by the Parties hereto: (i) is in the best
interest of the CITY; (ii)will promote the public convenience, general welfare, and good land use
practices in the CITY; (iii) will promote preservation of land values; (iv) will encourage the
development of the Project by providing a level of certainty to the Property Owner; and (v) will
provide for orderly growth and development of the CITY consistent with the CITY's General
Plan.
Exhibit "A"
Development Agreement 1 Henderson Creek Properties, LLC
AGREEMENT:
NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and
covenants of the Parties, and for other good and valuable consideration, the receipt and
sufficiency of which us hereby acknowledged, the Parties agree as follows:
Section 1. GENERAL PROVISIONS
A. Effectiveness of Development Agreement
Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement
shall only become operative and the rights and obligations of the Parties shall only arise upon
the annexation of the Project Site to the City, provided the annexation is final as to any and all
administrative actions and is not then subject to judicial challenge, and further provided that
such annexation shall occur on or before February 28, 2005.
B. Term
The term of this Development Agreement shall commence on the Effective Date and
shall extend for a period of 10 years thereafter, unless this Development Agreement is
terminated, modified or extended by circumstances set forth in this Development Agreement,
including, without limitation, the extensions provided below and any extensions attributable to
"force majeure" circumstances described in Section 2.D.4 hereof or by mutual written consent of
the Parties.
Following the expiration of the Term, this Development Agreement shall be deemed
terminated and of no further force and effect; provided, however, that such termination shall not
affect any right or duty arising from the project entitlements granted prior to, concurrently with,
or subsequent to the approval of this Development Agreement and the structures that are
developed in accordance with this Development Agreement and the use of those structures
shall continue to be governed by this Development Agreement for purposes of ensuring, for land
use purposes, that those structures continue to be legal conforming structures and that those
uses continue to be legal conforming uses.
C. Assignment
Subject to the terms of this Development Agreement, Property Owner shall have the
right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for
purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any
person, partnership, joint venture, firm or corporation or other entity at any time during the term
of this Development Agreement, and to the extent of each such Transfer, the transferor shall be
relieved of its legal duty to perform such obligations under this Development Agreement at the
time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3.0
hereof, of any of the terms of this Development Agreement when the Transfer occurs.
If all or a portion of the Project Site is Transferred and there is noncompliance by the
transferee owner with respect to any term and condition of this Development Agreement, or by
the transferor with respect to any portion of the Project Site not sold or Transferred, such
noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as
applicable, but shall not be deemed to be a breach hereunder against other persons then
owning or holding any interest in any portion of the Project Site and not themselves in breach
Development Agreement 2 Henderson Creek Properties, LLC
under this Development Agreement. Any alleged breach shall be governed by the provisions of
Section 3.0 hereof.
In no event shall the reservation or dedication of a portion of the Project Site to a public
agency cause a transfer of duties and obligations unless specifically stated to be the case in this
Development Agreement, any of the exhibits attached to this Development Agreement, the
instrument of conveyance used for such reservation or dedication, or other form of agreement
with such public agency.
Property owner shall notify the CITY not less than 30 days before any such transfer, and
such notice shall contain all material information regarding the contemplated Transfer, including
but not limited to the identity of the transferee, and the material terms of such contemplated
Transfer including an Assignment and Assumption of Development Agreement as to the
Transfer property ("Assumption") to be executed by Transferee and delivered to City upon
Transfer. Upon City notification as described above, delivered by Property Owner, subject to
delivery at closing of the Assumptions, without any additional governmental review or action.
D. Amendment of Agreement
This Development Agreement may be amended from time to time by mutual consent of
the Parties in accordance with the provisions of Government Code Sections 65867 and 65868.
Notwithstanding anything stated to the contrary in this Development Agreement, the parties may
enter into one or more implementing agreements, as set forth below, to clarify the intended
application or interpretation of this Development Agreement, without amending this
Development Agreement.
Property Owner and the CITY acknowledge that the provisions of this Development
Agreement require a close degree of cooperation between Property Owner and the CITY and
that, in the course of the development of the Project Site, it may be necessary to supplement
this Development Agreement to address the details of the Parties' respective performance and
obligations, and to otherwise effectuate the purposes of this Development Agreement and the
intent of the Parties. If and when, from time to time, the Parties find that it is necessary or
appropriate to clarify the application or interpretation of this Development Agreement, the
Parties may do so through one or more implementing agreements (the "Implementing
Agreement"), which shall be executed by the City Planner and by an authorized representative
of Property Owner. After execution, each Implementing Agreement shall be attached as an
addendum and become a part of this Development Agreement, and may be further changed or
supplemented from time to time as necessary. Such Implementing Agreement shall not require
the approval of the City Council of the CITY and shall only be executed by the City Planner (on
Behalf of the CITY), if the City Planner has determined that such implementing agreements are
not materially inconsistent with this Development Agreement, and applicable ordinances, rules,
regulations and official policies of the CITY in effect at the time of execution of this Development
Agreement. Any changes to this Development Agreement which would impose additional
obligations on the CITY beyond those which would be deemed to arise under a reasonable
interpretation of this Development Agreement, or which would purport to change land use
designations applicable to the Project Site under the applicable Project Entitlements, shall be
considered "material" and shall require amendment of this Agreement in accordance with the
provisions of California Government Code Sections 65867 and 65868.
Development Agreement 3 Henderson Creek Properties, LLC
Section 2. PLANNED DEVELOPMENT OF THE PROJECT
A. Land Use and Project Entitlements
The Project Entitlements are depicted on the Tentative Tract Map, Conceptual Grading
Plan, and Conceptual Landscape Plan, attached hereto as Exhibits C — E. Project Entitlements
refers to the following material related to the approval of the Development Agreement
(DRC2003-00751) and the Tentative Tract Map (SUBTT16324): all plans that constitute the
approved project, all Planning Commission and City Council Resolutions of Approval including
the associated conditions of approval, and all mitigation measures included in the Mitigation
Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge
that, without being obligated to do so, Property Owner plans to develop the Project Site in
substantial conformity with the Project Entitlements as approved by this Development
Agreement. During the Term of this agreement, the permitted uses for the Project, or any
portion thereof, the density and intensity of use, zoning, maximum height and size of proposed
buildings, building and yard setback requirements, provisions for the reservation or dedication of
land, design and performance standards and other terms and conditions of development of the
Project constitute the Entitlements as approved by this Development Agreement. The specific
terms of this Development Agreement shall supersede and be controlling over any conflict
and/or inconsistency with the Project Entitlements.
The Parties acknowledge and agree that the total number of lots in the approved tract(s)
total 123 lots. The City agrees that partial final maps may be recorded for portions of the
Project Site in accordance with Government Code Section 66456.1. Other certain specific
modifications of the Project Entitlements to which the Parties agree are set forth below. All
exhibits attached hereto constitute material provisions of the Development Agreement, and are
incorporated herein.
B. Rules and Regulations
Pursuant to California Government Code Section 65856 and except as otherwise
explicitly provided in this Development Agreement, the ordinance, rules and regulations and
official policies governing permitted uses of the Project Site, the density and intensity of such
uses, and design, improvement, and construction standards and specifications applicable to
development of the Project, shall be the Project Entitlements and those ordinances of the CITY,
as implemented by this Development Agreement, rules, regulations and official policies, but only
to the extent that they are consistent with the Project Entitlements, as modified and/or amended
by this Development Agreement (the "Existing Laws"), except that the CITY's street
improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") standards
shall be followed, and the landscape standards applicable shall be those specified in this
Development Agreement, and/or the CITY's standards. IN the event of any conflict between the
CITY's ordinances, rules, regulations and official policies and the Existing Laws, then the
Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable
to the Project, from applying new ordinances, rules regulations, and policies in effect ("Future
Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be
deemed to occur if, without limitation, such Future Policies:
1. Modify the permitted types of land uses, the density or intensity of use, the
maximum height or size of proposed buildings on the property, building and yard setback
requirements, or impose requirements for the construction or provisions of on-site or offsite
improvements or the reservation or dedication of land for public use, or the payment of fees or
Development Agreement 4 Henderson Creek Properties, LLC
the imposition of extractions, other than as are in each case specifically provided for in this
Development Agreement;
2. prevent the Property Owner from obtaining all necessary approvals, permits,
certificates or other entitlements at such dates and under such circumstances as the Property
Owner would otherwise be entitled under this Development Agreement;
3. render any conforming use of the Project Site a non-conforming use or any
structure on the Project Site a non-conforming structure.
C. Design and Infrastructure Issues
1. Street Sections
(i) The CITY desires that Wardman-Bullock Road be designed in
accordance with CITY Collector Street standards, as depicted in the Etiwanda North Specific
Plan Exhibit 13(E).
(ii) The CITY desires that Colonbero Road be designed in accordance with
CITY Local Street standards, as depicted in the Etiwanda North Specific Plan Exhibit 13(F).
2. Dry Utilities
The Project Entitlements do not require that Burd vaults be installed and the
CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site.
3. Gradin
The Grading Plan, included in the Project Entitlements, shall conform to the
Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across
the site of less than 7%, the Project is exempt from the CITY Hillside Development Regulations
of the Development Code.
4. Circulation Issues and Fees
a. Transportation Fee/Traffic Impact Analysis
The Property Owner shall construct circulation improvements as depicted on
Exhibit F. In addition, the Property Owner shall comply with Transportation Development Fees
in accordance with CITY ordinance. The Property Owner shall receive credit against, or
reimbursement of costs, in excess of the Transportation Development Fee for the "backbone"
improvements as described herein, inc conformance with CITY policy.
b. Other Circulation Improvements
The Property Owner shall design and construct the following improvements:
(i). Wardman-Bullock Road along the project frontage at its ultimate
half section width (66 foot right-of-way).
Development Agreement 5 Henderson Creek Properties, LLC
(ii) The west side of Wardman-Bullock Road from Wilson Avenue to
the south project boundary. Improvements shall include curb and gutter, A.C. pavement and
5800 Lumens HPSV street lights.
. ADDRESSED BELOW in SECTION 2.1.2.
d. Reimbursement Agreement
The City agrees that the construction of the Wardman-Bullock Road
improvements will benefit other property owners and developers in the vicinity of the Project
Site. The City agrees to use its best efforts to condition benefited projects or otherwise seek to
obtain fair share contributions from surrounding property owners and developers for the
construction of Wardman-Bullock Road and agrees to reimburse the Property Owner to the
extent fair share contributions are collected from other property owners for the cost of
construction of Wardman-Bullock Road in accordance with the provisions of Section 2.1, below.
The obligations hereunder shall survive the termination of this Agreement and shall continue
until such time as the Property Owner has received payment in full for the cost of the
construction of Wardman-Bullock Road; provided, however, that the City's obligation shall be
limited to the extent the City can collect such funds.
5. Storm Drains
(i) Improvements to the Henderson Creek Levee are being completed under
the direction of the San Bernardino County Flood Control District. These improvements must be
completed prior to occupancy of homes in the affected area.
(ii) The site is located within Area 13 of the Etiwanda/San Sevaine Drainage
Plan; applicable fees and construction requirements shall apply.
6. Park Fee/Equestrian Fee/Beautification Fee
The Property Owner shall pay the following fees:
a. Property Owner will pay CITY a sum totaling $95,000.000 (based upon
$1,000 per unit for the ninety-five lots which do not conform to equestrian standards) for
equestrian purposes. The sum will be paid from CFD formation and funding, prior to recording
of the first final map and shall be reserved by the City for the construction and subsequent
capital maintenance costs associated with the development of an equestrian enclosed arena
complex in the Etiwanda North area.
b. The Property shall pay the CITY a sum totaling $ 811,800 for park
purposes (based upon a value of $ 6,600 per dwelling unit). The sum shall be paid from CFD
formation and funding, prior to recording of the first final map.
C. In exchange for the construction of the landscaping improvements on the
east side of Wardman-Bullock Road, adjacent to the Henderson Creek Channel improvements,
the Property Owners shall not be required to pay CITY Beautification Fee of $0.20 per square
foot for residential construction.
Development Agreement 6 Henderson Creek Properties, LLC
7. Development Standards
a. The project shall be developed in accordance with the CITY's Low-
Density Residential District of the Etiwanda North Specific Plan.
b. The project entitlements include 123 housing units.
8. Design Review Process
The Project, and all subsequent applications for residential development, shall be
subject to the CITY Development/Design Review process.
9. Architectural Guidelines
The Project, and all subsequent applications for residential development, shall be
subject to the Architectural Guidelines of the Etiwanda North Specific Plan.
10. Open Space Transfer Plan
The Property Owner shall transfer to the County of San Bernardino Special
Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of
54-acres of off-site land for permanent open space and habitat preservation; along with funding
in an amount to be mutually agreed upon by the Property Owner and the conservation entity, to
provide for long-term maintenance of said land. The preferred location of the off-site land is in
the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence,
other properties may be considered based the review of appropriate Biological Habitat
Assessments and concurrence of the CITY Planner. The transfer and funding shall occur prior
to recording of the first final map of the Project.
D. Timing of Development and Fees
1. Development of the Perimeter Landscaping and the Etiwanda North Specific
Plan Neighborhood Monumentation
All required perimeter landscaping shall be completed prior to the release of
occupancy of the 75th dwelling within the project.
2. Development of the Remainder of the Site
Neither the property owner nor CITY can presently predict when or the rate at
which phases of the project shall be developed, since such decisions depend on numerous
factors which are not within the control of the Property Owner including, without limitation,
market orientation and demand, interest rates, absorption, competition and other factors.
The parties acknowledge and agree that Property Owner retains flexibility under
this Development Agreement to develop the Project in such order and at such rate and times as
are appropriate within the exercise of the Property Owner's business judgment. The CITY
further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for
disposition of some or all of the Project Site, prior to development, and that the rate at which the
Project develops will likely depend upon the business judgment of subsequent owners of the
Project Site.
Development Agreement 7 Henderson Creek Properties, LLC
3. CITY's Cooperation
CITY shall use good faith, diligent efforts to promptly process and take final
action on any applications for permits or approvals filed by Property Owner with respect to the
Project. Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to
process subsequent Development/Design Review in accordance with state regulations; and
(b) promptly processing all ministerial permits in accordance with Section 2.1-1. below. Without
limiting the effect of any other provision of this Development Agreement, any future regulation,
whether adopted by initiative or otherwise, limiting the rate or timing of development of the
Project Site or the extent thereof, shall be deemed to conflict with Property Owner's vested
rights to develop the Project under this Development Agreement and shall, to that extent, not
apply to the development of the Project.
Processing and review of development proposals shall be subject to established
procedures in effect in the entire CITY, including Development and Design Review, as specified
in the Existing Laws. However, the criteria used in the evaluation of each development proposal
shall be based on the objectives, policies and specific development standards specified herein.
4. Force Majeure
Notwithstanding anything to the contrary contained in the Development
Agreement, Property Owner and CITY shall be excused from performance of their obligations
under this Development Agreement during any period of delay caused by acts of God or civil
commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or
damage to or prevention of work by reason of fire, floods, earthquake, or other casualties,
litigation, acts or neglect of the Property Owner, as applicable. The time of performance of such
obligations as well as the term of this Development agreement shall automatically be extended
by the period of such delay hereunder.
E. Future Entitlements
With respect to any entitlements that Property Owner may require in the future,
including, without limitation, tentative tract and parcel map approvals, conditional use permits,
and Development/Design Review, the CITY shall retain its discretionary review authority and the
CITY's applicable ordinances, rules, regulations and official policies. However, any such
discretionary review shall be expressly subject to the provisions of this Development Agreement
and the CITY may only impose conditions upon such discretionary entitlements which are
consistent with the Project Entitlements as approved by this Development Agreement, except as
otherwise specifically required by state or federal law.
F. Environmental Review
Other than the mitigation measures and conditions of approval set forth in the EIR and
the Project Entitlements (and any additional future mitigation programs contemplated therein),
no other mitigation measures for environmental impacts created by the Project, as presently
approved and as evaluated in the EIR, shall be required. In connection with the CITY's
issuance of any further entitlement (as contemplated in Section 2.E above), which is subject to
CEQA, the CITY shall promptly commence and diligently process any and all initial studies and
assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the
EIR and other existing environmental reports and studies as adequately addressing the
environmental impacts of such matter or matters, without requiring new or supplemental
Development Agreement 8 Henderson Creek Properties, LLC
environmental documentation. In the event CEQA requires any additional environmental
review, the CITY may impose additional feasible measures (or conditions) to mitigate, as
required by CEQA, the adverse environmental impacts of such future entitlements, which were
not considered, and could not have been considered, at the time of approval of the Project.
G. CITY Fees and Mandates by State and Federal Laws
The Parties acknowledge and agree that the fees and impositions which may potentially
be imposed by the CITY on the Project and Property Owner (collectively "fees") fall within on of
three categories: (a)fees for processing land use and construction permit applications which are
not otherwise governed by the provisions of Section 66000 of the Government Code (but which
are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the
Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions
which are contemplated under ordinances or resolutions in effect as of the date of this
Development Agreement and which purport to defray all or a portion of the cost of impacts to
certain public facilities, improvements and other amenities from the development projects,
including any fees described in Government Code Sections 66000 et seq. (collectively, the
"Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or
other modifications to existing fees, so long as such modified fees relate to the same category
of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions
which may be imposed in the future by the CITY for purposes of defraying all or a portion of the
cost of public facilities, improvements, or amenities related to development projects, but
excluding the Existing Fee Categories ("Other Fees"). The Property Owner's obligation to pay
Fees shall be specifically governed by the following provisions:
1. Processing Fees. The CITY may charge Planning and Engineering Plan Check
and Permit Fees and Building Permit Fees which are in force and effect on a CITY-wide basis at
the time of Property Owner's application for a land use entitlement or a construction permit. The
amount of any Processing Fees shall be determined by the CITY in accordance with all
applicable laws, including, without limitation, Government Code Sections 66013, 66014, and
66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property
Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as
those imposed upon other development projects throughout the jurisdictional limits of the CITY.
2. Existing Fees. In consideration of the development of the Project Site as set
forth in this Development Agreement, and the positive fiscal impact of the Project on the City,
the City agrees that neither the Property Owner, nor the Project shall be subject to any increase
in the Existing Fees or to any additional City imposed fees, impositions or monetary exactions
with respect to the Existing Fee categories for a period of five (5) years following the effective
date of this Development Agreement.
3. Other Fees. In consideration of the Property Owner's Agreement to modify the
Project Entitlements as specifically set forth in this Development Agreement and implement the
timing of development in accordance with the terms set forth above, no Other Fees shall be
imposed upon the Property Owner or the Project during the applicable Fee Limitation Period,
except as may be specifically required to carry out any state or federal law or mandate enacted
after the effective date of this Development Agreement, as necessary to mitigate environmental
impacts of the project in accordance with 2.G above.
Development Agreement 9 Henderson Creek Properties, LLC
4. Fiscal Impact Analysis. CITY does not require Property Owners or the Project to
complete a fiscal impact analysis for application or issuance of any approvals or permits that
CITY might issue under this Development Agreement.
H. Non-discretionary Permits
The Parties acknowledge that in the course of implementing the Project, Property Owner
will, from time to time, apply to the CITY for various ministerial permits, licenses, consents,
certificates, and approvals, including, without limitation, non-discretionary subdivision approvals,
grading permits, construction permits, certificates of occupancy and permits required to connect
the Project to utility systems under the CITY's jurisdiction (collectively the "Non-Discretionary
Permits"). Property Owner shall have the right to apply for any such Non-Discretionary Permits
in accordance with the Existing Laws (and any applicable Future Policies under Section 2.6,
above). The CITY shall issue to Property Owner, upon such applications, all required Non-
Discretionary Permits, subject only to compliance with the terms of this Development
Agreement, the CITY's usual and customary fees and charges for such applications and Non-
Discretionary Permits (subject to the provisions of Section 2.G above) and the terms and
conditions of the applicable permit application. The CITY further agrees that upon its approval
of any plans, specifications, design drawings, maps, or other submittals of Property Owner in
conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements,
approvals and consents required from the CITY to implement the Project which are consistent
with and further implement such Approved Plans, shall be processed and approved by the CITY
in accordance with this Development Agreement.
I. Cooperation
1. Cooperation with Other Public Agencies. The CITY acknowledges that the
Property Owner may apply from time to time for permits 'and approvals as may be required by
other governmental or quasi-governmental agencies having jurisdiction over the Project, in
conjunction with the development of or provision of services to the Project, including, without
limitation, approvals in connection with the developing and implementing a tertiary water
system, potential transportation improvements and other on-site and off-site infrastructure. The
CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals
from such agencies (including without limitation, the Cucamonga Valley Water District, and the
Inland Empire Utilities Agency), and shall provide any documents or certificates reasonably
required to process and obtain such permits and approvals.
2. Construction of Off-Site Improvements. To the extent that Property Owner is
required to construct any off-site improvements as a condition of developing the Project, the
Property Owner shall make good faith efforts to acquire any off-site property interests required
to construct such public improvements. If Property Owner fails to do so, Property Owner shall,
at least 120 days prior to submittal of the first final subdivision map for approval, enter into an
agreement to complete the improvements under Government Code Section 66462 and 66462.5
at such time as the CITY decides to acquire the property interests required for the public
improvements. Such agreement shall provide for payment by Property Owner of all costs
incurred by the City to acquire the off-site property interests required,in connection with the
subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the
amount stated in an appraisal report obtained at Property Owner's cost. The appraiser shall
have been approved by the CITY prior to commencement of the appraisal. To the extent that
such off-site improvements, or the construction of any substantial infrastructure on-site,
substantially benefit other property owners or other portions of the jurisdiction of limits of the
Development Agreement 10 Henderson Creek Properties, LLC
CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining
reimbursement or other fair share contribution by such other benefited property owners. Such
assistance may include, without limitation, conditioning the approval of development projects
proposed by such benefited property owners upon such owners' contribution, on a fair share,
pro-rata basis, to the construction cost of such improvements. Without limiting the generality of
the foregoing, the CITY agrees with respect to the infrastructure improvements which are
adjacent to and benefit other properties (whether such properties are undeveloped or
developed), any further discretionary approvals sought by such property owners shall be
conditioned to require fair share reimbursement to Property Owner or City, as the case may be,
for construction and related costs incurred in providing such improvements to the extent legally
permissible.
3. Public Financing. The Parties hereby acknowledge that substantial public
improvements must be funded in order to contribute to the Park Fee and Equestrian and School
Fees and the remainder of the Project Site and that public financing of a substantial portion of
these improvements will be critical to the economic viability of the Project. Subject to CITY's
ability to make all findings required by applicable law and complying with all applicable legal
procedures and requirements, the CITY agrees to cooperate with and assist Property Owner to
the fullest extent possible in developing and implementing a public financing plan for the
construction of the public infrastructure improvements. The implementation of such plan may
include, without limitation, the formation of one or more assessment districts, or Mello-Roos
community facilities districts, or the issuance of bonds, certificates of participation, or other debt
securities necessary to implement such plan.
J. Creation of the Landscape and Street Lighting Maintenance District
The CITY agrees to promptly annex the Project Site to an existing Landscaping and
Lighting Maintenance District (LMD) or form the necessary LMD pursuant to California Streets
and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the
Project development to encompass the Project Site as well as the area being annexed by the
CITY. In addition, the Property shall annex to the existing Street Lighting Districts. The
Property Owner shall pay for the annexation or formation of the LMDs. The Parties agree that
annexation to the LMD or the formation of a new LMDs must be accomplished no later than
recordation of the final tract map and that the CITY may create LMDs, which allow annexation of
other areas. In addition, if outside agencies, upon their review and approval of various
components of the project, impose any non-standard improvements that require extraordinary
maintenance responsibilities of the CITY, the CITY may impose the creation of additional
maintenance districts upon the proposed development. Upon formation of the LMD, and
acceptance of the improvements by the City Council, the CITY (through the LMD) shall assume
full responsibility for the maintenance, repair, and replacement of the improvements to be
maintained by the LMD pursuant to the LMD's governing documents.
The Parties also acknowledge that assessments for the LMDs are collected annually in
June, and to the extent that assessments are collected through the LMD for the period ending
June 2006, the City may request, and the Property Owner agrees to provide, a reasonable cash
deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following
June, reimburse Property Owner for any such cash advances to fund the LMDs.
Development Agreement 11 Henderson Creek Properties, LLC
Section 3. ANNUAL REVIEW
A. Good Faith Compliance
Pursuant to California Government Code Section 65866.1, the CITY shall once every
twelve (12) months during the term of this Development Agreement, review the extent of good
faith substantial compliance by Property Owner with the terms of this Development Agreement;
provided, however, that it is intended that this review shall apply to the Project Site as a whole,
as opposed to each individual property owner who may own a parcel comprising the Project
Site. In connection with such annual review, Property Owner shall provide such information as
may reasonably be requested by the CITY in order to determine whether any provisions of this
Agreement have been breached by Property Owner. If at any time prior to the review period
there is an issue concerning a Property Owner's compliance with the terms of this Development
Agreement, the provisions of this Section 3 shall apply.
B. Certificate of Compliance
If Property Owner is found to be in compliance with this Development Agreement after
annual review, the City Planner shall, upon written request by Property Owner, issue a
certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based
upon information known to the CITY, the Development Agreement remains in effect and
Property Owner is not in default. The Certificate of Compliance shall be in recordable form and
shall contain such information as shall impart constructive record of notice of compliance.
Property Owner may record the Certificate of Compliance in the Official Records of the County
of San Bernardino.
C. Finding of Default
If, upon completion of the annual review, the City Planner intends to find that Property
Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he
shall first give written notice of such effect to the Property Owner. The notice shall be
accompanied by copies of all staff reports, staff recommendations and other information
concerning Property Owner's compliance with the terms of this Development Agreement as the
CITY may possess and which is relevant to determining Property Owner's performance under
this Development Agreement. The notice shall specify in detail the grounds and all facts
allegedly demonstrating such noncompliance, so Property Owner may address the issues
raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of
such notice to file a written response with the City Planner. Within 10 days after the expiration
of such 20-day response period, the City Planner shall notify Property Owner whether he has
determined that Property Owner is in Default under this Development Agreement ("Notice of
Default"). Such Notice of Default shall specify the instances in which the Property Owner has
allegedly failed to comply with this Development Agreement and the terms under which
compliance can be obtained. The Notice of Default shall also specify a reasonable time for
Property Owner to meet the terms of compliance, which time shall not be less than thirty (30)
days from the date of the Notice of Default, and which shall be reasonably related to the time
necessary to bring Property Owner's performance into good faith compliance.
D. Right to Appeal
Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's
decision directly to the City Council. Such appeal shall be initiated by filing a written notice of
Development Agreement 12 Henderson Creek Properties, LLC
appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt
of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with
Section 17.02.080 of the CITY Development Code. At the hearing, Property Owner shall be
entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after
considering all the evidence presented at the hearing, the City Council finds and determines on
the basis of substantial evidence the Property Owner is in Default, then the City Council shall
specify in writing to Property Owner the instances in which the Property Owner has failed to
comply and the terms under which compliance can be obtained, and shall also specify a
reasonable time for Property Owner to meet the terms of compliance, which time shall not be
less than thirty (30) days from the date of such writing from the City Council and which shall be
reasonably related to the time necessary to bring Property Owner's performance into good faith
compliance.
E. Property Owner's Cure Rights
If Property Owner is in Default under this Development Agreement, it shall have a
reasonable period of time to cure such Default before action is taken by the CITY to terminate
this Development Agreement or to otherwise amend or limit Property Owner's rights under this
Development Agreement or to otherwise amend or limit Property Owner's rights under this
Development Agreement. In no event shall such cure period be less than the time set forth in
the finding of Default made under Sections 3.0 or 3.D above (as applicable) or less than the
time reasonably necessary to cure such Default. Any such cure period shall be extended by
force majeure circumstances described in Section 2.D.5 above.
Section 4. ENFORCEMENT
A. Enforcement by Either Party
Subject to all requirements mandated by applicable state or federal or other law, this
Development Agreement shall be enforceable by any of the parties.
B. Cumulative Remedies
In addition to any other rights or remedies, any of the Parties may institute legal action to
cure, correct or remedy any Default (to the extent otherwise permitted herein and in
Government Code Section 65864 et seq. or any successor laws and regulations), to enforce
any covenant or agreement herein in this Development Agreement or to enjoin any threatened
or attempted violation, including suits for declaratory relief, specific performance, and relief in
the nature of mandamus. All of the remedies described above shall be cumulative and not
exclusive of one another, and the exercise of any one or more of the remedies shall not
constitute a waiver or election with respect to any other available remedy. The provisions of this
Section 4.B are not intended to modify other provisions of the Development Agreement and are
not intended to provide additional remedies not otherwise permitted by law.
C. Attorney's Fees
In any legal proceedings brought by either party to enforce any covenant or any of the
Parties' rights or remedies under this Development Agreement including, without limitation, any
action for declaratory or equitable relief, the prevailing party shall be entitled to recover
reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection
with such action. Any such attorneys' fees and other expenses incurred by either of the Parties
Development Agreement 13 Henderson Creek Properties, LLC
in enforcing a judgment in its favor under this Development Agreement, shall be recoverable
separately from and in addition to any other amount included in this judgment, and such
attorneys' fees obligation is intended to be severable from the other provisions of this
Development Agreement and to survive and not be merged into any such judgment.
Section 5. MISCELLANEOUS PROVISIONS
A. Successors and Assigns
Subject to the provisions of Section 1.0 above, the terms of this Development
Agreement shall be binding upon and inure to the benefit of the Parties, and their successors
and assigns. Insofar as this Development Agreement refers to Property Owner, as defined
herein, if the rights under this Development Agreement are assigned, the term "Property Owner"
shall refer to any such successor or assign.
B. Project as a Private Undertaking
It is specifically understood and agreed by and between the Parties that the Project is a
private development, that neither party is acting as the agent of the other in any respect under
this Development Agreement, and that each of the Parties is an independent contracting entity
with respect to the terms, covenants and conditions contained in this Development Agreement.
No partnership, joint venture or other association of any kind is formed by this Development
Agreement. The only relationship between the CITY and Property Owner is that of a
government entity regulating the development of private property and the owner of such private
property.
C. Captions
The captions of this Development Agreement are for convenience and reference only
and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Development Agreement.
D. Mortgage Protection
1. Discretion to Encumber. This Development Agreement shall not prevent or limit
Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the
Project or any portion of the Project or any improvements on the Project, by any mortgage, deed
of trust or other security device securing financing with respect to all or any part of the Project or
any improvements thereon (a "Mortgage").
2. Effect of Default. This Development Agreement shall be superior and senior to
any mortgage subsequently placed upon the property, or any portion thereof, or any
improvement thereon, including the lien, of any mortgage or deed of trust. Despite the
foregoing, breach of any provision of this Development Agreement shall not defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith for value.
3. Mortgagee Not Obligated. Notwithstanding anything in this Development
Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage
("Mortgagee") may acquire to or possession of all or any portion of the Project or any
improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or
non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not
Development Agreement 14 Henderson Creek Properties, LLC
have any obligation under this Development Agreement to construct, fund or otherwise perform
any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee
such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as
aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or
entity, and upon the giving of notice of such assignment or transfer to the CITY and the
assumption by the assignee or transferee of the obligations of the Property Owner with respect
to the Property Owner or portion thereof so acquired which arise or accrue from and after the
date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and
all further obligations or liabilities under this Development Agreement with respect to the Project
or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required
for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale
conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of
acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations
of Property Owner with respect to the Project or portion thereof so acquired which arise or
accrue subsequent to the purchase date, but such purchaser shall not be responsible for any
prior defaults of Property Owner; provided, however, that in either of the instances referred to in
clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property
Owner is a condition to granting of a specific benefit or to the performance of a specific
covenant by CITY, the performance thereof shall continue to be a condition precedent to the
CITY's granting of such benefit and performance of such covenant hereunder.
4. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If a Mortgagee files
with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property
Owner under this Development Agreement and specifying the address for delivery thereof, the
CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any
notice given to Property Owner with respect to any claim of the CITY that Property Owner has
not complied with the terms of this Development Agreement or is otherwise in Default under this
Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for
a period of thirty (30) days after the expiration of any cure period given to Property Owner with
respect to such Default, to cure such default; provided, however, that if any such Default cannot,
with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee
shall have such additional time as may be necessary to remedy or cure such Default, if such
Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter
diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the
Default is of a nature which can only be cured by Mortgagee by obtaining possession, such
Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall,
within such thirty (30) day period, commences efforts to obtain possession and carry the same
forward with diligence and continuity through implementation of foreclosure, appointment of a
receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the
Default within the cure period specified in Section 3.E above.
5. Bankruptcy. Notwithstanding the provisions of Section 5.D.4 above, if a
Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate
proceedings in the nature thereof to obtain possession of the Project Site by any process or
injunction issued by any court or by any reason of any action by any court having jurisdiction of
any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the
purposes of this Development Agreement be deemed to be proceeding with diligence and
continuity to obtain possession of the Property during the period of such prohibition of
Mortgagee is proceeding diligently to terminate such prohibition.
Development Agreement 15 Henderson Creek Properties, LLC
6. Amendment to Development Agreement. The CITY and Property Owner agree
not to modify this Development Agreement or to allow this Development Agreement to be
modified or amended in any way, or cancel this Development Agreement, without the prior
written consent of each Mortgagee, which consent shall not be unreasonably withheld or
delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owner
shall cooperate in including in this Development Agreement, by suitable implementing
agreement from time to time, any provision which may reasonably be requested by a proposed
Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in
this Development Agreement and allowing such Mortgagee reasonable means to protect or
preserve the lien of the Mortgage on the occurrence of a default under the terms of this
Development Agreement. The CITY and Property Owner each agree to execute and deliver
(acknowledge, if necessary for recording purposes) any implementing agreement necessary to
effect such request; provided, however, that any such implementing agreement shall not in any
material respect adversely effect any rights of the CITY under this Development Agreement or
be materially inconsistent with the substantive provisions of this Development Agreement, the
Project Entitlements and the Existing Laws.
E. Consent
Where the consent or approval of any of the Parties is required in or necessary under
this Development Agreement, unless the context otherwise indicates, such consent or approval
shall not be unreasonably withheld.
F. Entire Agreement
This Development Agreement and the documents attached to and referred to in this
Development Agreement constitute the entire agreement between Parties with respect to the
subject matter of this Development Agreement.
G. Further Actions and Entitlements
Each of the Parties shall cooperate with and provide reasonable assistance to the other
to the extent contemplated under this Development Agreement in the performance of all
obligations under this Development Agreement and the satisfaction of the conditions of this
Development Agreement.
H. Governing Law
This Development Agreement including, without limitation, its existence, validity,
construction and operation, and the rights of each of the Parties shall be determined in
accordance with the laws of the State of California.
I. Recording
The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the
office of the Recorder of the County of San Bernardino no later than ten (10) days following the
effective date of this Development Agreement.
Development Agreement 16 Henderson Creek Properties, LLC
J. Time
Time is of the essence in this Development Agreement and of each and every term and
condition of this Development Agreement.
K. Waiver
The failure of any of the Parties at any time to seek redress for any violation of this
Development Agreement or any applicable law or regulation or to insist upon the strict
performance of any term or condition shall not prevent any subsequent act or omission of the
same or similar nature which would have originally constituted a breach of or default under this
Development Agreement from having all the force and effect of an original breach or default,
and such subsequent act or omission may be proceeded against to the fullest extent provided
by this Development Agreement. No provision of this Development Agreement shall be deemed
to have been waived by a party unless the waiver is in writing and signed by any of the Parties.
L. Partiallnvalidity
If any term, covenant, condition or provision of this Development Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions of this Development Agreement shall remain in full force and effect and shall in no
way be affected, impaired or invalidated thereby.
M. Notices
All notices between the CITY and Property Owner and any transferee under this
Development Agreement, shall be in writing and shall be given by personal delivery, mail or
facsimile. Notice by personal delivery or facsimile shall be deemed effective upon delivery of
such notice to the party for which it is intended at the address set forth below (or, in the case of
a transferee in a written notice to the CITY). Notice by mail shall be deemed effective upon
receipt or rejection of the addressee. The Parties' current address are as follows:
To CITY: Mr. Jack Lam, AICP
City Manager
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga CA 91730
With Copies to: Mr. James Markman
City Attorney
Richards, Watson, & Gershon
One Civic Center Circle
Brea CA 92821
To Property Owner: Henderson Creek Properties, LLC
16337 Shadbush Street
Fountain Valley, CA 92708
Development Agreement 17 Henderson Creek Properties, LLC
With Copies to: Manatt, Phelps & Phillips
650 Town Center, Suite 1250
Costa Mesa, CA 92626
Attn: Roger A. Grable
Either Party may change its mailing address or the person to whom notices are to be
sent at any time by giving written notice of such change to the other Parties in the manner
provided above.
N. Indemnification
Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its
Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified
Parties") from and against any third party claim, action, or proceeding against the Indemnified
Parties to attack, set aside, void, or annul the approval of this Development Agreement, the
Project Entitlements or both.
IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement
as of the day and year first above written.
CITY OF RANCHO CUCAMONGA PROPERTY OWNER
By: By:
Mayor NAME
TITLE
ATTESTED TO:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attorney's for Property Owner
Development Agreement 18 Henderson Creek Properties, LLC
EXHIBIT "A"
LEGAL DESCRIPTION
LAFCO NO.
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,AND A PORTION OF THE WEST
HALF OF SECTION 22 TOWNSHIP I NORTH,RANGE 6 WEST, SAN BERNARDINO MERIDIAN,IN THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22;
THENCE NORTH 89040'08"EAST ALONG THE NORTH LINE OF SAID SECTION 22,A DISTANCE OF 1325.05
FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 22;
THENCE SOUTH 00000'03"WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 1319.87 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTH 00000'03"WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 659.93 FEET;
THENCE SOUTH 89034'15"WEST A DISTANCE OF 1325.86 FEET TO THE WEST LINE OF SAID SECTION 22;
THENCE NORTH 00001'26"EAST ALONG SAID WEST LINE,A DISTANCE OF 660.87 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21;
THENCE SOUTH 89015'44"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER,A DISTANCE OF 1324.87 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 00000'53"EAST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER,A DISTANCE 1320.82 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 89014'46"EAST ALONG THE NORTH LINE OF SAID SECTION 21,A DISTANCE OF 1325.09
FEET TO THE POINT OF BEGINNING.
CONTAINING IN 100.45 ACRES MORE OR LESS
ALL AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
�\ONNL LANDS
0 \PSH.ADD, 0 Oe
a No. 3821 z WILLIAM H.ADDINGTON,P.L.S. 3821 DATE
EXP. 06130104 \* LICENSE EXPIRES 06/30/04
gTFOF CAUFO�
EXHIBIT A ' °f'
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OF THE NE 1/4, OF SECTION 21 15 WARDMAN
N89-14'48"E 1325.09' N89-14.46"E 16 P.O.B. NB9'40'08"E 1325.04' 1325.05' BULLOCK RD. 0�
- - - - - - - - - - 22
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-�
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( � � —� OF THE NW 1/4, I
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ANIS C4
GRAPHIC SCALE: 1"=400' TUECU CA 92590
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EXHIBIT F