HomeMy WebLinkAbout94-39 - Resolutions RESOLUTION NO. 94-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE ADOPTION OF AN ORDINANCE AUTHORIZING THE
CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT
AGREEMENT 94-01, FOR THE SUBAREA 18 SPECIFIC PLAN, AS
PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA
GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-272-01,
04, 07, AND 08; 210-081-22 AND 23; 210-082-02, 11, 17,
37, 38, AND 39; AND 210-361-01 THROUGH 26.
A. Recitals.
1. An application for Development Agreement (Zone Change) has been
filed with the Planning Department for the redevelopment of 380 acres of land
bounded on the south by 4th Street, on the east by Milliken Avenue, on the
north by the A. T. & S. F. (Metrolink) Railroad, and on the west by Cleveland
Avenue and Utica Avenue.
2. The Planning Commission of the City of Rancho Cucamonga has
heretofore held a duly noticed public hearing, as required by law, to consider
the aforementioned Development Agreement.
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 by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. All of the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. This Commission 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, as amended, and the city's Environmental Impact Report Guidelines, and
further, that this Commission has reviewed and considered the information
contained in said Environmental Impact Report.
PLANNING COMMISSION RESOLUTION NO. 94-39
DA 94-01 - GENERAL DYNAMICS
May 25, 1994
Page 2
4. This Commission hereby recommends to the City Council approval
of the Development Agreement attached hereto as Exhibit "A. "
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF MAY 1994.
PLANNING COMMI • , OF CITY OF RANCHO CUCAMONGA\ LTA
BY: . /UEM.�_
E. bavi= Barke Chairman
ATTEST: �1" S lot
B r, ecre ary
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 25th day of May 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO :
City Clerk
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
(Space above for Recorder' s Use Only)
DEVELOPMENT AGREEMENT
Between
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
and
GENERAL DYrAMICS CORPORATION, a Delaware corporation
Dated: , 1994
•
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND
GENERAL DYNAMICS CORPORATION CONCERNING
SUB-AREA 18 SPECIFIC PLAN
This Development Agreement is entered into this
day of , 1994 , by and between General Dynamics
Corporation, a Delaware corporation ( "GD" ) and the City of
Rancho Cucamonga, a municipal corporation (City" ) pursuant
to the authority of Sections 65864 through 65869 . 5 of the
California Government Code . GD and its successors and
assigns are referred to collectively hereinafter as the
"Property Owner. "
R E C I T A L S :
A. To provide more certainty in the approval of
development projects , encourage private participation in
comprehensive planning, and reduce the economic risk of
development, the Legislature of the State of California has
adopted Sections 65864 , et seq. of the California Government
Code authorizing 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 . The City adopted Resolution No. 18-40 on
April 6 , 1981 pursuant to which it adopted the City of
Rancho Cucamonga General Plan (as amended prior to the date
of this Development Agreement, the "General Plan" ) .
Pursuant to Resolution No. 81-128 approved on August 19 ,
1981 and Ordinance No. 297 approved on September 17 , 1986 ,
the City adopted the Industrial Area Specific Plan for the
City of Rancho Cucamonga (as amended prior to the date of
this Development Agreement, the "IASP" ) . The Redevelopment
Agency of the City of Rancho Cucamonga ( "RDA" ) approved the
Rancho Redevelopment Project and Redevelopment Plan
Amendment No. 1 by adopting Ordinance No. 316A on August 6 ,
1987 (as amended prior to the date of this Development
Agreement, the "Redevelopment Plan" ) .
C. Property Owner owns fee title to approximately
380 acres of real property located entirely within the City
and more completely described in Exhibit A attached hereto
(the "Project Site" ) . Property Owner has applied to City
for the approval of a Sub-Area 18 Specific Plan (the "Sub-
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Area 18 Specific Plan" ) , certain conforming amendments to
the General Plan and the IASP, and approval of a tentative
parcel map as described in Section C. 1 below (collectively,
the "Specific Plan Entitlements" ) . The Specific Plan
Entitlements were approved by the City pursuant to [Describe
Resolution/Ordinances] . In accordance with the rules ,
regulations and policies of the California Environmental
Quality Act ( "CEQA" ) and the City ' s Guidelines for
Implementing CEQA, the City has certified a Program EIR in
connection with the Specific Plan Entitlements (the "EIR" )
as being accurate, adequate and complete in the
environmental evaluation of the impacts associated with the
Project and the implementation of this Development
Agreement .
D. The Sub-Area 18 Specific Plan contemplates a
mixed-use development composed of a series of large anchor
parcels surrounding an 18 -hole golf course . In addition to
the golf course, some of the principal features of the Sub-
Area 18 Specific Plan include: a re-use program for the
three existing buildings located on approximately 75 acres
of the Project Site north of 4th Street and east of Utica
Street (including potential development of associated
parking facilities) ; adaptive recreational , commercial , and
office uses ; and the proposed site for a Metrolink station.
The principal coals and objectives of the Sub-Area 18
Specific Plan are identified in detail in Specific Plan
Entitlements , and include permitting greater planning
flexibility and encouraging more creative and imaginative
designs ; providing a process for initiation, review, and
regulation of the project area that affords the maximum
flexibility to the property owner within the context of an
overall development program and phased subdivisions ,
coordinated with the provision of necessary public services
and facilities; and promoting a more marketable commercial
focus and enhancing the potential to create jobs and
revenue . The development of the Project Site pursuant to
the terms of the Specific Plan Entitlements is referred to
hereinafter as the "Project" .
E. This Development Agreement will enable City to
realize significant financial , recreational , commercial and
regional benefits and facilities . The development of the
Project at the earliest practicable date will contribute
toward the generation of City revenues and benefits and
enhance the quality of life of present and future residents
of the City.
F. Property Owner and City hereby desire to
provide for the development of the Project Site pursuant to
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•
the rules , regulations , policies and provisions described
further herein.
G. As further set forth in [describe Ordinance]
adopted by City on , 1994 , the execution of this
Development Agreement and the performance of and compliance
with the terms and conditions set forth herein by the
parties hereto : ( i) is in the best interest in 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 promote the policies
and objectives of the Redevelopment Plan and encourage the
development of the Project by providing a level of certainty
to the Property Owner; (v) will provide for orderly growth
and development of the City consistent with the City' s
General Plan; and (vi) is consistent with the General Plan,
the IASP, and the Specific Plan Entitlements .
Agreement
NOW, THEREFORE, in consideration of the above
recitals, and the mutual promises and covenants of the
parties herein contained and for other good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows :
Section 1 . GENERAL PROVISIONS .
A. Term.
The term of this Development Agreement shall
commence on the effective date of the adopting Ordinance
approving this Development Agreement and shall extend for a
period of twenty (20) 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 extension attributable to the "force majeure"
circumstances described in Section 2 . C. 5 below) or by mutual
consent of the parties hereto.
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 automatically affect any right or duty
arising from project entitlements granted prior to,
concurrently with, or subsequent to the approval of this
Development Agreement .
21021212575711 3
B . Assignment .
Subject to the terms of this Agreement, Property
Owner shall have the right to convey, assign, sell , lease,
sublease, encumber, hypothecate or otherwise transfer (for
purposes of this Section 1B, "transfer") the Project Site in
whole or in part, to any person, partnership, joint venture,
firm or corporation at any time during the term of this
Development Agreement . Upon the express assumption of any
or all of the obligations of Property Owner under this
Development Agreement by such purchaser or transferee of the
Project Site or any portion thereof , Property Owner shall be
relieved of its legal duty to perform said obligations under
this Development Agreement at the time of assignment, except
to the extent Property Owner is in Default of any of the
terms of this Development Agreement when the property is
sold or transferred.
If one or more of such parcels comprising the
Project Site are sold or transferred and there is
noncompliance by the transferee owner with respect to the
terms and conditions of this Development Agreement (to the
extent such terms and conditions have been expressly assumed
by such transferee) , or by the transferor with respect to
any portion of the Project 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 other portion of
the Project and not themselves in breach hereunder. Any
alleged default shall be governed by the provisions of
Section 3 below.
In no event shall the reservation or dedication of
a part or parts of the Project Site to a public agency cause
a transfer of duties and obligations hereunder to such
public agency unless specifically stated to be the case in
this Development Agreement, any of the exhibits attached
hereto, the instrument of conveyance used for such
reservation or dedication, or other form of agreement with
such public agency.
C. 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 herein, the
parties may enter into one or more implementing agreements,
in accordance with the following paragraph, to clarify the
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intended application or interpretation of the Development
Agreement .
Property Owner and City acknowledge that the
provisions of this Development Agreement require a close
degree of cooperation between Property Owner and City, and
that in the course of implementing the Project it may be
necessary to supplement this Development Agreement to
address the details of the parties ' performance and to
otherwise effectuate the purpose of this Development
Agreement and the intent of the parties with respect
thereto. 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
without amending any of the Development Agreement ' s material
terms, the parties may do so through an implementing
agreement , which, after execution, shall be attached hereto
as addenda and become a part hereof, and may be further
changed or supplemented from time to time as necessary.
Such implementing agreements shall only be executed by the
Community Development Director (on behalf of the City) if
the Community Development Director has determined that such
implementing agreements are not materially inconsistent with
this Development Agreement , the Specific Plan Entitlements,
and the ordinances, rules, regulations and official policies
in force at the time of execution of this Development
Agreement . Any changes to this Agreement which would impose
additional obligations on the City beyond those which would
be deemed to arise under a reasonable interpretation of this
Agreement , or would purport to change land use designations
applicable to the Project Site under the Specific Plan
Entitlements will be considered "material" and require a
formal amendment of this Agreement .
Section 2 . DEVELOPMENT OP THE PROPERTY.
A. Land Use Entitlements .
During the term of this Development 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 reservations or dedications,
design and performance standards and other terms and
conditions of development of the Project shall be those set
forth in the Specific Plan Entitlements and any other
applicable Project Entitlements (as hereinafter defined) .
Pursuant to the procedures set forth in the
Specific Plan, Property Owner may apply from time to time
for the approval of a master plan ( "Master Plan") with
210212 [25757 1 5
respect to each Planning Area comprising the Project Site .
Upon approval of such Master Plan, the Property Owner with
respect to such Planning Area shall have the right to
proceed with development in accordance with such Master Plan
approval and shall be legally vested with respect to all
land use designations, design and performance standards,
provisions for dedications and reservations and other terms
and conditions of development contained therein ( "Master
Plan Entitlements" ) for a period of five (5) years following
such approval . On the date of the Annual Review following
such 5-year term, upon application by the Property Owner of
such Planning Area, the Community Development Director shall
determine whether the vesting of Master Plan Entitlements
for the Planning Area should continue for an additional 5 -
year period. Such determination shall be based upon the
reasonable progress of development within the applicable
Planning Area during the preceding 5-year period and the
reasonable viability of the Master Plan for such Planning
Area. Any decision by the Community Development Director
not to extend the Master Plan Entitlements shall be
appealable, in the first instance, to the Planning
Commission in accordance with Section 17 . 02 . 080 A of the
City Development Code, subject to further appeal to the City
Council pursuant to Section 17 . 02 . 080B. The failure to
extend such Master Plan Entitlements shall not in any way
affect the other rights of the Property Owner vested under
this Development Agreement and shall not affect any Project
Entitlements applicable to any other Planning Area.
Upon approval of each Development/Design Review
application for any individual construction project within a
Planning Area, all development plans approved in connection
with such application shall be legally vested for a period
of five (5) years thereafter, and the Property Owner with
respect to such approved Development/Design Review shall be
entitled to proceed with development on the basis thereof
(the "Development/Design Review Entitlements" ) . The
expiration of such Development/Design Review Entitlements
shall not in any way affect the other Project Entitlements
vested hereunder, including the Specific Plan Entitlements
and Master Plan Entitlements applicable to the parcel in
question, and any Project Entitlements, including any
Development/Design Review Entitlements, applicable to any
other parcel within the Project Site . The Specific Plan
Entitlements, the Master Plan Entitlements, and the
Development/Design Review Entitlements , along with all other
rights vested under this Development Agreement are referred
to hereinafter as the "Project Entitlements . "
In consideration of this Development Agreement,
Property Owner has agreed to pay or provide to City the
210212 12575711 6
fees , charges , public benefit payments , mitigations ,
improvements , dedications , reservations and other benefits
expressly provided for and set forth in the Specific Plan
Entitlements (collectively, "Exactions" ) , which Exactions
are set forth in Exhibit "B" attached hereto (provided that,
in the event of any conflict between Exhibit "B" and the
terms of the Specific Plan Entitlements, the Specific Plan
Entitlements shall control) . Other than the Exactions , City
shall not impose or require any additional fees , charges,
public benefit or facility payments , mitigations ,
improvements , dedications , reservations or benefits for
development or construction of the Project, except as
expressly permitted under this Section 2 , or as may be
required by applicable state or federal law.
B. Rules and Regulations .
Pursuant to and consistent with California
Government Code Section 65866 , except as otherwise
explicitly provided in this Development Agreement , the
ordinances , rules , 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 those ordinances,
rules , regulations and official- policies and General Plan
and IASP provisions in force at the time of execution of
this Development Agreement, including but not limited to the
zoning adopted pursuant to the Specific Plan Entitlements
( "Existing Laws" ) . City shall not be prevented in
subsequent actions applicable to the Project, from applying
new ordinances , rules, regulations , policies and General and
Specific Plan provisions then in effect ( "Future Policies" )
which do not conflict with the Existing Laws, the Project
Entitlements, or the express provisions of this Development
Agreement . Such conflict shall be deemed to occur if ,
without limitation, such Future Policies :
(i) 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 provision of on-site or off-site
improvements or the reservation or dedication of land for
public use, or the payment of fees or the imposition of
exactions, other than as are in each case specifically
provided for in this Development Agreement;
( ii) prevent the Property Owner from obtaining
all necessary approvals, permits, certificates or other
entitlements at such dates and under such circumstances as
210212 1257c m 7
the Property Owner would otherwise be entitled under this
Development Agreement ;
(iii) prevent or inhibit Property Owner from
commencing, prosecuting and finishing on a timely basis the
construction and development of the Project or the
satisfaction of Property Owner ' s obligations hereunder in
the manner and as contemplated by this Development
Agreement .
C. Timing of Development .
1 . Development of the Golf Course .
GD has applied to City for the approval of a
parcel map subdividing the Project Site into the Planning
Areas identified in the Sub-Area 18 Specific Plan, providing
for certain improvements necessary to operate the Golf
Course (as defined below) , and deferring improvements on the
remainder of the Project Site until individual Planning
Areas are ready to be developed as contemplated in paragraph
C . 2 below (the "Phase I Subdivision" ) . In consideration of
the rights afforded it under this Development Agreement,
Property Owner agrees that it will apply to City for the
approval of grading and building permits necessary to
develop an 18 -hole championship quality golf course within
Planning Areas IA and IB (the "Golf Course" ) within 12
months after recordation of a final parcel map with respect
to the Phase I Subdivision. No Development/Design Review
shall ae required with respect to the Golf Course . Upon
receipt of all necessary grading and building permits ,
Property Owner agrees to proceed diligently with the
construction of the Golf Course and shall use its best
reasonable efforts to complete construction of the Golf
Course, including, without limitation, all improvements with
respect thereto identified in the Phase I Subdivision,
within 24 months after all applicable permits for
construction have been issued. The periods for proceeding
with development and construction of the Golf Course are
subject to extension due to force majeure events as
described in Section 2 .C. 5 below.
2 . Development of Remainder of Project Site.
Neither Property Owner nor City can presently
predict when or the rate at which phases of the Project Site
will be developed, since such decisions depend upon numerous
factors which are not within the control of Property Owner,
including but not limited to market orientation and demand,
interest rates, absorption, competition, and other factors .
The parties expressly acknowledge and agree that Property
Owner retains flexibility hereunder to develop the Property
in such order and at such rate and times as are appropriate
210212 12575711 8
within the exercise of the Property Owner ' s business
judgment . The City further acknowledges that GD may desire
to market, sell , or otherwise arrange for disposition of
some or all of the Planning Areas (including the Golf
Course) comprising the Project Site, in whole or in part
prior to development, and that the rate at which the Project
develops will likely depend upon the business judgement of
subsequent owners of the Project Site .
3 . Infrastructure Phasing.
The principal infrastructure associated with the
development of the Project is identified in Exhibit C
attached hereto (the "Principal Infrastructure" ) . The
Principal Infrastructure will be constructed in phases as
individual Planning Areas are developed. The phasing of the
Principal Infrastructure is described further in Exhibit C.
4 . City' s Cooperation.
The City shall use its best good faith efforts to
process and take final action on Property Owner' s
applications for land use permits and approvals within the
time periods set forth in the Sub-Area 18 Specific Plan.
Such cooperation shall include, without limitation, using
its reasonable efforts to process subsequent
Development/Design Review projects in accordance with the
time periods set forth in the following paragraph;
completing any required environmental review in accordance
with Section 2E below as soon as reasonably possible; in
instances where a Property Owner is applying for concurrent
land use approvals , including, subdivision, master plan, or
Development/Design Review, carefully coordinating and
streamlining all applicable filing and submission
requirements, committee meetings, review processes, and
hearings to avoid duplication and delays to the greatest
extent practicable; and promptly processing all Non-
Discretionary Permits in accordance with Section 2G below.
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 the rights to development of the Project
hereunder and shall to that extent not be applicable to the
development of the Property.
City agrees to use its reasonable efforts to
process all Development/Design Review Projects within Sub-
Area 18 to be approved by the City Planner in accordance
with the following schedule:
(1) As soon as reasonably possible, but in
any event within thirty (30) days of the submission of an
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application for Development/Design Review, the Community
Development Department shall advise the applicant in writing
of any additional information which needs to be provided in
order to consider such application complete . If , after
resubmittal by the applicant , additional information is
still needed, the Community Development Department shall so
notify the applicant within ten (10) days of such
resubmission; provided, however, that such 10-day period
shall not apply in the event required soils and drainage
reports are not included in the initial submission, and such
period shall not shorten the thirty (30) day period for
reviewing the initial submission application.
(2) In the event no further environmental
review document is required, committee reviews and staff
reports shall be completed fifteen (15) days after the date
the application is deemed complete in accordance with
paragraph (1) above (or, in the event the application is
deemed complete prior to the initial 30-day period, within
45 days after initial submission of the application) .
(3 ) In the event that no further
environmental documentation is required as provided above,
the City Planner shall make a final decision on the
application within thirty (30) days after the application is
deemed complete in accordance with paragraph (1) above (or
if the application is deemed complete prior to the
expiration of the first thirty (30) days after submission,
within sixty (60) days after initial submission of the
application) .
5 . Force Majeure .
Notwithstanding anything to the contrary contained
in this Development Agreement , Property Owner and City shall
be excused from performance of their obligations hereunder
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 other
party, or any other cause beyond the reasonable control of
the City or 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.
D. Future Entitlements .
City shall retain its discretionary review
authority with respect to future entitlements for
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development of the Project , including, but not limited to,
to the extent applicable, tentative tract and parcel map
approvals, Master Plan approvals , conditional use permits,
and Development/Design Review. However, any such
discretionary review shall be expressly subject to the
provisions of this Development Agreement, and City may only
impose conditions upon such discretionary entitlements which
are consistent with the Project Entitlements, and the terms
of this Development Agreement , except as otherwise
specifically required by state or federal law.
E . Environmental Review.
Other than the mitigation measures and conditions
of approval set forth in the EIR and the Specific Plan
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 addressed by the EIR, appear to be
necessary. The EIR was prepared and certified as a Program
EIR within the meaning of 14 Cal . Admin. Code § 15168, and
is intended to analyze and cover the Project as a whole . In
connection with City' s issuance of any discretionary permit
or approval which is subject to CEQA, 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 and adopt 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
environmental documentation. In the event CEQA requires any
additional environmental review, the City may impose
additional measures (or conditions) to mitigate as permitted
by law the adverse environmental impacts of such
discretionary entitlements which were not considered at the
time of approval of the Project ; provided, however, that :
(i) Unless required by state or federal law,
no new or additional mitigation measures shall be imposed as
a result of any Future Policies ; and
(ii) City agrees and acknowledges that the
traffic impact analysis ( "TIA" ) incorporated in the EIR has
fully analyzed the traffic projected to be generated from
the Project, and, in accordance with all applicable legal
requirements, including, without limitation, the TIA
Guidelines set forth in the San Bernardino County Congestion
Management Plan ( "CMP" ) , a total of 45 , 200 trips may be
generated prior to the year 2010 without the necessity of
preparing a new TIA. In the event and at such time as the
Project generates more than 45 , 200 vehicle trips, the City
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210212 12575711 11
may require a new TIA in accordance with such CMP standards
as may exist at such time . Except in such event (and except
for such traffic circulation/site-access analysis as may be
reasonably required to determine the configuration and
alignment of streets adjacent or internal to the Project) ,
no further TIA' s shall be required by the City with respect
to implementation of the Project .
The EIR, which has been certified as a Program EIR
under CEQA, also satisfies the requirements of a Master EIR
under Section 21157 of the Public Resources Code . Because
the distinctions between a Program EIR and a Master EIR
remain unclear pending adoption of revised State Guidelines
for implementing CEQA, Property Owner has reserved the right
to request City to adopt such additional resolutions and
findings concerning the status of the EIR as a Master EIR if
subsequent legal requirements make such designation
advisable or desirable in implementing the intent of this
Development Agreement . City agrees to fully cooperate with
Property Owner in complying with such request, and will do
so unless prohibited by applicable state or federal law.
F. City Fees and Mandates by State or Federal
Laws .
The parties acknowledge and agree that the fees and
impositions which may potentially be imposed by City on the
Project and Property Owner fall within one of three
categories (collectively, "Fees" ) : (a) fees for processing
land use and building 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) (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 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 :
210212 125757 1 12
1 . Processing Fees . The City may charge
Processing Fees which are in force and effect on a City-wide
basis at the time of a Property Owner ' s application for a
land use or building permit or approval . The amount of any
Processing Fees shall be determined by the City in
accordance with all applicable laws, including Government
Code Sections 66013 , 66014 and 66017- 66018 . 5 (or any
successor laws , as applicable) . Unless otherwise agreed by
Property Owner and City, the Processing Fees assessed
Property Owner shall be the same as those imposed upon other
development projects throughout the City.
2 . Existing Fee Categories . Exhibit D
attached hereto contains a description of each of the
Existing Fee Categories and the Property Owner' s obligations
with respect thereto. Other than the obligations set forth
in Exhibit D, neither Property Owner nor the Project shall
be subject to any additional City- imposed fees, impositions
or monetary exactions with respect to any Existing Fee
Categories for a period of five (5) years following the date
of this Agreement . No fees in respect of Existing Fee
Categories shall be charged or assessed at any time against
the Golf Course, the golf practice/training facilities and
all golf- related improvements to be located within Planning
Area III, or any improvements to be constructed thereon,
including, without limitation, the clubhouse, maintenance
building, practice facility structure, and any other golf-
related facilities . Additionally, from and after the date
Property Owner receives Development/Design Review approval
for a construction project , to the extent any fees,
impositions, or monetary exactions with respect to any
Existing Fee Categories are not otherwise fixed pursuant to
this Section 2 . F. 2 , for a period of five years after the
date of such Development/Design Review approval, such fees
shall be those adopted by the City as of the date of such
Development/Design Review approval . The period during which
fees are limited as described in this paragraph (and as
further applied in paragraph 3 below) is referred to
hereinafter as the "Fee Limitation Period. "
3 . Other Fees . In consideration of the
Exactions and Property Owner' s agreement to cause the
development of the Golf Course in accordance with the terms
set forth above, no Other Fees shall be imposed upon
Property Owner or the Project during the applicable Fee
Limitation Period, except as may be specifically required to
carry out any new state or federal law or mandate, or as
necessary to mitigate environmental impacts of the project
in accordance with Section 2E above. In such event, any
such Other Fees shall be limited to Property Owner' s fair
share contribution to impacts created by the Project, shall
21021212575711 13
not discriminate against the Property Owner (as compared to
other property owners in the City) , and shall not duplicate
any Exactions or other mitigations or fees contributed or
paid by Property Owner or the Project .
G. Non-Discretionary Permits .
The parties acknowledge that in the course of
implementing the Project, Property Owner will , from time to
time, apply to City for various non-discretionary permits,
licenses, consents, certificates, and approvals , including,
without limitation, non-discretionary subdivision approvals ,
grading permits, building permits , certificates of
occupancy, and any permits necessary 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 pursuant to Section
2B) . City shall issue to Property Owner, upon such
applications, all necessary Non-Discretionary Permits,
subject to compliance with the terms of this Agreement, the
City' s Existing Laws (and any applicable Future Policies
pursuant to Section 2B) and payment of City' s usual and
customary fees and charges for such applications and
Non-Discretionary Permits (subject to the provisions of
Section F. 1 above) . City further agrees that upon its
approval of any plans, specifications, design drawings,
maps , or other submittals of Property Owner in connection
with such Non-Discretionary Permits (the "Approved Plans" ) ,
all further entitlements , approvals, and consents required
from City to implement the Project which are consistent with
and further implement such Approved Plans shall be
expeditiously processed and approved by City in accordance
with this Agreement . Property Owner shall be entitled to
rely upon such Approved Plans in constructing, developing,
and implementing the Project, and City shall not require
Property Owner to modify or amend any such Approved Plans
unless, and only to the extent, the conditions pursuant to
which the Project will be implemented have materially
changed subsequent to the approval of such Approved Plans in
a manner which requires modifications in order to mitigate
specifically identified threats to the public health and
safety.
H. Cooperation.
1 . Cooperation With Other Public Agencies .
City hereby acknowledges that Property Owner may
apply from time to time for permits and approvals as may be
210212 12575711 14
required by other governmental or quasi-governmental
agencies having jurisdiction over the Project in connection
with the development of , or provision of services to, the
Project, including, without limitation, approvals in
connection with developing and implementing a tertiary water
system, potential transportation improvements , and other on-
site and off-site infrastructure . City shall cooperate with
Property Owner in its efforts to obtain such permits and
approvals from such agencies (including, without limitation,
the Cucamonga County Water District, Chino Basin Municipal
water District , the Municipal Water District, and the City
of Ontario) , and shall provide any documents or certificates
reasonably required to process and obtain such permits and
approvals . Such cooperation may specifically include
assisting Property Owner in obtaining certain permits from
the City of Ontario in connection with the potential
discharge of surface water to drainage improvements to be
located along 4th Street south of the Project Site.
2 . Construction of Off-Site Improvements .
To the extent that Property Owner is required to
construct any off-site improvements as a condition to
developing the Project , City shall , through appropriate
means (but at no out-of-pocket expense to City) , including,
without limitation, condemnation proceedings (assuming all
applicable findings can be made on the basis of substantial
evidence in the record) or dedication requirements, obtain
any necessary or appropriate off-site easements and rights-
of -way. To the extent the purchase of off-site easements or
access rights are required, through threat of condemnation
or otherwise, Property Owner shall reimburse City for the
acquisition costs with respect thereto. To the extent that
such off-site improvements, or the construction of any
substantial infrastructure on-site, substantially benefit
other property owners within the IASP or other portions of
the City, City agrees to reasonably assist Property Owner in
obtaining reimbursement or other fair share .ontribution by
such other benefitted property owners . Such assistance may
include, without limitation, conditioning the approval of
development projects proposed by such benefitted property
owners upon such owners ' contribution on a fair share, pro-
rata basis to the construction costs of such improvements .
City specifically agrees that with respect to the
infrastructure improvements identified in Exhibit C attached
hereto 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 for construction and related
costs incurred in providing such improvements .
210212 12575711 15
3 . Public Financing.
The parties hereby acknowledge that substantial
public improvements must be constructed in order to develop
the Golf Course 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 the City ' s ability to make all
findings required by applicable law and complying with all
applicable legal procedures and requirements, 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 described in Exhibit C hereto .
The implementation of such plan may include, without
limitation, the formation of one or more assessment
districts or Mello-Roos community facilities districts .
Such cooperation shall also include such coordination and
assistance with the RDA as may be reasonably necessary or
appropriate to facilitate the establishment and
implementation of the public financing plan, the formation
of a community facilities district or assessment district,
or the issuance of bonds, certificates of participation, or
other debt securities necessary to implement such plan.
Section 3 . ANNUAL REVIEW.
A. Good Faith Compliance .
Pursuant to California Government Code
Section 65865 . 1, 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, the Property Owner shall provide such information as
may be reasonably requested by the City in order to
determine whether any provisions of this Agreement have been
breached by such 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 will apply.
B. Certificate of Compliance.
If the Property Owner is found to be in compliance
with this Development Agreement after annual review, the
Community Development Director shall, upon written request
210212 12575711 16
by the Property Owner, issue a certificate of compliance
( "Certificate of Compliance" ) to the Property Owner stating
that based upon information known to the City, the
Development Agreement remains in effect and the Property
Owner is not in default . The Certificate of Compliance
shall be in recordable Eorm and shall contain such
information as shall impart constructive record notice of
compliance . The 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
Community Development Director intends to find that the
Property Owner has not complied in good faith with the
material terms of this Development Agreement ("Default" ) , he
shall first give written notice to such effect to the
Property Owner. The notice shall be accompanied by copies
of all staff reports, staff recommendations and other
information concerning the Property Owner' s compliance with
the terms of this Development Agreement as City may possess
which is relevant to determining Property Owner' s
performance under this Agreement . The notice shall specify
in detail the grounds and all facts demonstrating such
noncompliance, so that the 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 Community Development
Director. Within 10 days after the expiration of such 20-
day response period, the Community Development Director
shall notify Property Owner whether Property Owner is deemed
to be in Default under this Agreement ( "Notice of Default" ) .
Such Notice of Default shall specify the instances in which
the Property Owner has failed to comply with the Development
Agreement and the terms under which compliance can be
obtained. The Notice of Default shall also specify a
reasonable time for the 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 shall be
reasonably related to the time necessary to bring the
Property Owner' s performance into good faith compliance.
D. Right to Appeal .
Upon receipt of a Notice of Default, Property Owner
may appeal the Community Development Director' s decision
directly to the City Council . Such appeal shall be
initiated by filing a written notice of appeal with the City
Clerk within ten (10) calendar days following Property
Owner' s receipt of the Notice of Default . The hearing on
•
2102121257M 1 17
such appeal shall be scheduled in accordance with Section
17 . 02 . 080 of the City Development Code . At the hearing, the
Property Owner shall be entitled to submit evidence and to
address all of the issues raised by the Notice of Default .
If, after considering all of the evidence presented at the
hearing, the City Council finds and determines on the basis
of substantial evidence that the Property Owner is in
Default, then the City Council shall specify in writing to
the 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 the Property Owner to meet the terms of compliance,
which time shall not be less than thirty (30) days from the
date of such notice and shall be reasonably related to the
time necessary to bring the 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 City to
terminate this Agreement or otherwise amend or limit
Property Owner' s rights hereunder. In no event shall such
cure period be less than the time set forth in the finding
of Default made pursuant to Sections 3C or 3D (as
applicable) above or less than the time reasonably necessary
to cure such default . Any such cure period shall be
extended by the force majeure circumstances described in
Section 2C above.
Section 4 . ENFORCEMENT.
A. Enforceable by Either Party.
Subject to all requirements mandated by applicable
state or federal or other law, this Development Agreement
shall be enforceable by any party hereto.
B. Cumulative Remedies .
In addition to any other rights or remedies , any
party 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, 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
210212 12575711 18
more of the remedies shall not constitute a waiver or
election with respect to any other available remedy. The
provisions of this Section 4B are not intended to modify
other provisions of this Development Agreement and are not
intended to provide additional remedies not otherwise
permitted by law.
•
C. Attorneys ' Fees .
In any legal proceedings brought by either party to
enforce any covenant or any of such party' s rights or
remedies under this Development Agreement, including any
action for declaratory or equitable relief , the prevailing
party shall be entitled to 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 party 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 such 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 .
The terms of this Development Agreement shall be
binding upon an inure to the benefit of the parties , and
their successors and assigns .
B. Project as a Private Undertaking.
It is specifically understood and agreed by and
between the parties hereto that the Project is a private
development, that neither party is acting as the agent of
the other in any respect hereunder, and that each party 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,
210212 12575711 19
explain, modify, construe, limit , amplify or aid in the
interpretation, construction or meaning of any of the
provisions of this Development Agreement .
D. Mortgagee 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 Property or any portion of the Property or
any improvement on the Property by any mortgage, deed of
trust or other security device securing financing with
respect to all or any part of the Property or any
improvement 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 and for value.
3 . Mortgagee Not Obligated. Notwithstanding
anything in this Development Agreement to the contrary, (i)
any holder of the beneficial interest under a Mortgage
( "Mortgagee" ) may acquire title to or possession of all or
any portion of the Property or any improvement thereon
pursuant to the remedies provided by its Mortgage, whether
by judicial or nonjudicial foreclosure, deed in lieu of
foreclosure, or otherwise, and such Mortgagee shall not 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
Property as aforesaid, assign or otherwise transfer the
Property or any such portion thereof to any person or
entity, and upon the giving of notice of such assignment or
transfer to City and the assumption by the assignee or
transferee of the obligations of Property Owner with respect
to the Property 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 Property or
portion thereof so assigned or transferred; and (ii) the
consent of City shall not be required for the acquisition of
all or any portion of the Property by any purchaser at a
foreclosure sale conducted pursuant to the terms of any
•
210212 12575711 20
Mortgage, and such purchaser shall , by virtue of acquiring
title to the Property or such portion thereof , be deemed to
have assumed all obligations of the Property Owner with
respect to the Property or portion thereof so acquired which
arise or accrue subsequent to the date of purchase, 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 (i) and (ii) above, to the
extent any obligation or covenant to be performed by
Property Owner is a condition to the 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 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 hereunder and specifying the address
for delivery thereof , then 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 City that Property Owner has not complied with
the terms hereof or is otherwise in Default hereunder. 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 said 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
reasonably 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 if
such Mortgagee shall, within such thirty (30) day period,
commence 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
3E above .
5 . Bankruptcy. Notwithstanding the
provisions of paragraph 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
210212 12575711 21
injunction issued by any court or by reason of any action by
any court having jurisdiction of any bankruptcy or
insolvency proceeding involving Property Owner, Mortgagee
shall for the purposes hereof be deemed to be proceeding
with diligence and continuity to obtain possession of the
Property during the period of such prohibition if Mortgagee
is proceeding diligently to terminate such prohibition.
6 . Amendment to Development Agreement . City
and Property Owner agree not to modify or amend this
Development Agreement or 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, 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 . City and Property
Owner each agree to execute and deliver (and to 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 affect any rights of City
hereunder or be materially inconsistent with the substantive
provisions of this Development Agreement, the Specific Plan
Entitlements and the Existing Laws .
E. Consent .
Where the consent or approval of a party 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 hereto and referred to herein constitute the entire
agreement between the parties with respect to the subject
matter of this Development Agreement .
G. Further Actions and Instruments .
Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent
•
210212 125757 1 22
contemplated hereunder 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 San Bernardino County no later than ten (10)
days following execution of this Development Agreement by
all parties .
J. Time.
Time is of the essence in this Development
Agreement and of each and every term and condition hereof .
K. Waiver. -
The failure of either party 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 such party.
L. Partial Invalidity.
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 hereof shall remain- in full
force and effect and shall in no way be affected, impaired
or invalidated thereby.
210212 1257571 m 23
M. Notices .
All notices between the City and the 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 the 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, at the address
specified by such transferee in a written notice to City) .
Notice by mail shall be deemed effective two (2) business
days after depositing such notice postage prepaid,
registered or certified, return receipt requested, properly
sealed with the United States Postal Service, addressed as
set forth below, regardless of whether or when the notice is
actually received. The parties ' current address are as
follows :
To City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attn: Community Development Director
To Property Owner: General Dynamics
5001 Kearny Villa Road
San Diego, California 92123
Attn: Mr. Richard Hadinger
With copies to: Mr. Stephen Eimer
1412 Canterra Court
Pebble Beach, California 93953
Morrison & Foerster
555 West 5th Street, Suite 3500
Los Angeles, CA 90017-1027
Attention: Donald I . Berger, Esq.
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 party in the manner
provided herein.
N. Binding Effect .
The covenants and agreements contained in this
Development Agreement shall inure to the benefit of , and
shall be binding upon each of the parties and their
respective heirs , administrators , successors and assigns .
210212prm 24
0. Indemnification.
GD hereby agrees to indemnify, defend, and hold
harmless City and its agents, officers , and employees (the
"Indemnified Parties" ) from and against any claim, action,
or proceeding against the Indemnified Parties to attack, set
aside, void, or annul the approval of this Development
Agreement . GD' s obligations under this Section 4 .0 are
subject to and conditioned upon City and GD entering into a
mutually satisfactory Joint Defense Agreement pursuant to
which City shall cooperate fully with GD in the defense of
the lawsuit, GD will be entitled to coordinate and direct
the prosecution and defense of such lawsuit , and GD shall
retain settlement authority with respect thereto. City and
GD agree not to unreasonably withhold or delay their
approval of such Joint Defense Agreement .
IN WITNESS WHEREOF, the parties have duly executed
this Development Agreement as of the day and year first
above written.
CITY OF RANCHO CUCAMONGA GENERAL DYNAMICS CORPORATION,
a Delaware corporation
By: _ By:
Mayor Name:
Its :
ATTESTED TO: By:
Name:
Its :
City Clerk
APPROVED AS TO FORM:
City Attorney
•
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Area 18 and may be subject to future refinements and/or modifications.
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uses permitted in planning areas.
800' 400' 0' two' ?1,IS
exhibit A
Michael Bnndmart Associates• I2/93 Conceptual Development Plan
7909-000f Rancho Cucamonga ASP Sue-Area 18 Specific Plan EIR
EXHIBIT B
GENERAL DYNAMICS DEVELOPMENT AGREEMENT
EXACTIONS
The Specific Plan Entitlements (collectively, "Exactions")consist of the following documents,
included herein by this reference:
City Council Ordinance No. _ approving the Specific Plan 93-01 ("Subarea 18
Specific Plan").
Mitigation Monitoring Program for.the Rancho Cucamonga IASP Subarea
18 Specific Plan EIR, dated May 4, 1994, and prepared by Michael Brandman
Associates.
Planning Commission Resolution No. 94-32 approving Tentative Parcel Map
14647.
EXHIBIT C
GENERAL DYNAMICS DEVELOPMENT AGREEMENT
INFRASTRUCTURE PHASING (SUB-AREA 18 SPECIFIC PLAN)
PARCEL NUMBERS REFER TO PARCEL MAP 14647
Phase I: Golf Course and Driving Range (Parcels 1, 3, 12, 13)
1. Sixth Street a) Complete north half fronting Parcel 13, including
asphalt, curb & gutter, street lights, sidewalk and street
b) Widen north side pavement off-site (Parcels 9 & 11) to
provide two westbound traffic lanes from Milliken to
Cleveland
c) Install street lights on south side from Milliken to
Cleveland
d) Install sidewalk and street trees fronting Parcels 1,3, 12
(s/s)
e) Reconstruct median to eliminate eastbound left turn at
mid-block
f) Landscape median from Cleveland to east property line
of Parcel 1 **
g) Install right turn lanes for Parcels 3 and 12 driveways
2. Fourth Street a) Install street lights, sidewalks and street tress fronting
Parcel 1 or defer until Parcel 5, 6 or 7 develop
3. Cleveland a) Complete knuckle at Seventh Street
b) Reconstruct Fourth Street intersection as drive
approach or private street with right turn lane (provide
emergency access to Fire District satisfaction)
4. Construct entry monument at Fourth/Milliken
** Items eligible for reimbursement
Page Two
5. Underground existing overhead utilities:
•
a) South side of Sixth Street from W/o Cleveland to E/o
Parcel 1.
b) North side of Fourth Street from W/o Cleveland to E/o
Parcel 1 (less than 66 1(V)
c) Along north boundary of Parcel 13 (less than 66 I(V)
6. Storm Drains a) Install drainage facilities across Parcels 1 and 13 to
serve Parcels 1, 3, 9, 10, 12, 13, 14 & 15 including a pipe
under Sixth Street
b) Install additional inlet facilities north of the
Fourth/Cleveland intersection, to maximize use of
existing capacity
c) Extend inlet facilities at Sixth/Cleveland,with pavement
widening
d) Install drainage facilities or roadway improvements on
north side of Sixth Street to eliminate surface flows
across Sixth Street at Milliken
Parcel 2:
1. Sixth Street a) Install median landscaping from Utica to Cleveland
(Reimbursement eligible) "
b) Install bus bay east of Utica
2. Utica Avenue a) Install sidewalk east side
b) Widen west side 10 feet asphalt only
Parcel 4: Reuse
1. Utica Avenue Install sidewalk, east side
Parcel 5:
1. Fourth Street a) Rehab/reconstruct pavement north of centerline from
Utica to east property line of Parcel 1 (using Phase I
fees)
b) Install sidewalk, street lights, bus bay and driveway
right turn lane
c) Underground existing overhead utilities (less than 66
KV) from Edo Cleveland to W/o Utica
** Items eligible for reimbursement
Page Three
2. Utica a) Install sidewalk east side
b) Widen Fourth intersection as needed (determine by
traffic counts)
Parcel 6:
1. Fourth Street a) Rehab/reconstruct pavement north of centerline from
Cleveland to Milliken (Phase I fees; reimburse from
Parcel 7) •*
b) Install street lights
c) Underground existing overhead utilities (less than 66
i
d) Install storm drain
2. Install interior street from Fourth Street to Milliken serving Parcels 6, 7, 8 ** (with
reimbursement), including right turn lanes on Fourth and Milliken and street
lights*
Parcel 7:
1. Fourth Street a) Rehab/reconstruct pavement north of centerline from
Cleveland to Milliken (Phase I fees; reimburse from
Parcel 6) **
b) Install street lights and bus bay
c) Underground existing overhead utilities (less than 66
I
d) Install storm drain
2. Install interior street from Fourth Street to Milliken serving Parcels 6, 7, 8 ** (with
reimbursement), including right turn lanes on Fourth and Milliken and street
lights*
3. Milliken a) Install street lights
• Sidewalk, street trees, and driveway right turn lanes upon development
*• Items eligible for reimbursement
Page Four
Parcel 8:
1. Sixth Street a) Realign Sixth/Milliken intersection to eliminate 12'
centerline offset, including median, for 600' W/o
Milliken
b) Landscape median (Parcel 9 to reimburse half) **
c) Underground existing overhead utilities
2. Milliken a) Install bus bay
b) Install street lights
3. Install interior street from Fourth to Milliken serving Parcels 6, 7, 8 ** (with
reimbursement), including right turn lanes on Fourth and Milliken and street
lights*
Parcel 9:
I. Sixth Street a) Realign Sixth/Milliken intersection to eliminate 12'
centerline offset, including median, for 600' W/o
Milliken
b) Landscape median, (Parcel 8 to reimburse half) **
c) Complete north half including asphalt, curb & gutter,
and street lights
d) Install bus bay
Parcel 10: Metrolink, by City
Parcel 11:
1. Sixth Street a) Complete north half including asphalt, curb & gutter,
and street lights and right turn lane
b) Install catch basins
2. Cleveland a) Complete east half, including street lights
Parcel 14: Metro link, by City
Parcel 15: Metrolink, by City
* Sidewalk, street trees, and driveway right turn lanes upon development
** Items eligible for reimbursement
1
EXHIBIT p
EXISTING FEE CATEGORIES
1 . Transportation Development Fee . City Ordinance No. 445 ;
City Resolution No. 91- 092 . The Fee is intended to mitigate
the traffic impacts caused by new development and
redevelopment in the City to certain thoroughfares , bridges ,
and related traffic improvements .
The Fee is $1, 487 . 00 per Equivalent Dwelling Unit
(EDU) . The schedule of Land Use Equivalents , reflecting
EDU' s for different types of land uses, is set forth in
Resolution No. 91- 092 .
The Property Owner shall be subject to the
foregoing Transportation Development Fee, except as follows:
(a) No Fee shall be charged with respect to any
golf-related improvements constructed on Parcels 1, 3 , 12,
and 13 of Tentative Parcel Map 14647, including, without
limitation, with respect to any golf course , driving range,
golf practice or training facilities , club house, or golf
maintenance improvements .
(b) Parcels 2 , 4 , and 5 of Tentative Parcel Map
14647 contain three existing buildings and will only be
subject to the Fee in the event and to the extent of :
(i) the demolition and reconstruction of the existing
buildings; or (ii) the addition of floor space to the
existing building. In the event of such new construction
activities, the Fee shall be based upon the uses proposed
for such new building or such addition to existing floor
space.
2 . Community Beautification Fee. Resolution No. 92-223 -A.
For each hotel or motel a fee is assessed in the amount of
twenty cent ($ .20) per square foot of gross building area
under roof for community beautification. Each addition of
650 square feet or more under roof is also subject to the
twenty cent ($ .20) per square foot fee.
This Fee shall be applicable to Parcels 5 , 6 , and 7
to the extent development of a hotel or motel occurs .
3 . In;ri u F a for Ccnst notion of Milliken Avenue Medi 4
Landscaping. Resolution 89-574 . All undeveloped properties
fronting on Milliken Avenue from 4th Street to 6th Street
are subject to a fee to offset construction costs associated
with the Milliken Avenue Median Landscaping. The applicable
fee is $86 . 00 per linear foot .
Parcels 7 and 8 are subject to this Fee .
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