Loading...
HomeMy WebLinkAbout666 - Ordinances ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS AS PREPARED BY THE CITY OF RANCHO CUCAMONGA AND APPROVING DEVELOPMENT AGREEMENT NO. 01-01, A DEVELOPMENT AGREEMENT BE'rlNEEN THE CITY OF RANCHO CUCAMONGA AND A & J RESOURCES, INC. FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 240- ACRE SITE WITH UP TO 632 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND ETIWANDA AVENUE NORTH OF 25TH STREET - APN: 225-071-37, 48, 50, AND 51,225-081-09, 14, AND 15. A. RECITALS. 1. California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack o~ certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." Ordinance No. 666 Page 2 of 49 3. California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." 4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 01-01, concerning that property generally located between Day creek Channel and Etiwanda Avenue north of 25th Street as legally described in the attached Development Agreement. Hereinafier in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 01-64. 6. On July 18, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. Z. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Pad A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed a Supplemental Environmental Impact Report as certified by the City of Rancho Cucamonga as legally sufficient for the Rancho Etiwanda Estates Development Project. Ordinance No. 666 Page 3 of 49 SECTION 3: The City Council finds that individual and cumulative adverse impacts generated by the Project will be mitigated to the extent feasibte through the Mitigation Measures contained in the Supplemental Environmental impact Report (SEIR). Irrespective of these measures the City Council finds that some impacts cannot be feasibly mitigated to a level of non-significance. In addition, the City Council finds that the Project may result in significant individual or cumulative impacts, which have not been identified at this time. The City Council finds that the benefits provided by the Project, as described in the SEIR, will outweigh any adverse impacts caused by the Project. These benefits are found by the Council to include the following, based upon information in the SEIR, and as provided by the applicant in public testimony at the above-referenced meetings and hearings: (a) The property owner's agreement to enter into a Development Agreement in regard to the development of the Rancho Etiwanda Estates project; (b) The property owner's agreement to financially participate in the development of community Level Park, recreation and equestrian facilities; (c) The provision of necessary roadway improvements to complete the backbone system in the northeastern portion of the City, and County areas; and (d) The local application of zoning and development performance standards. SECTION 4: Based upon substantial evidence presented during the above- referenced public hearing on July~l~.;."20'01, including'wtit_ten and oral staff reports, together with 'public testimony, this CounCil hereby specifically finds as follows: a) The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) This Development Agreement shall not become effective until General Plan Amendment 01-01D, and Etiwanda North Specific Plan Amendment 01-02 have been reviewed and approved by the City Council. SECTION 5: It is expressly found that the public necessity, general welfare, and , .: .~ good,. z, oning practice require the approval of the Development Agreement. SECTION 6: This Council hereby approves Development Agreement 01-01, attached hereto as Exhibit "A." Ordinance No. 666 Page 4 of 49 SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 1st day of August 2001. AYES: Alexander, Biane, Curatalo, Willjams NOES: None ABSENT: Dutton ABSTAINED: None ~_I¢~ ATTEST: "'/ I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of July 2001, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of August 2001. Executed this 2"d day of August 2001, at Rancho Cucamonga, California. [~ebra J. Adam,4~,,/OMC, City Clerk Ordinance No. 666 Page 5 of 49 RECORDING REQUESTED BY AND WHEN RECORDED RETDRlq TO: City Clerk City ofRancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 (Space above for Recorder's Use Only) DEVELOPMENT AGREEMENT By and Between . THE CITY OF RANCHO CUCAMONGA, CALIFORNIA and A & J RESOURCES, INCORPORATED, a California corporation Dated:, _, 2001 Ordinance No. 666 Page 6 of 49 DEVELOPMENT AGREEMENT BETWEEN THE C11~/OF RANCHO CUCAMONGA AND A & J I~SOURCES, INCORPORATED CONCERNING THE REVISED RANCHO ETIWANDA ESTATES pROJECT This Agreement (the ,'Development Agreement") is made and ent~ed into this th day of ~ -, 65869.5 ofth~ California Government Code. A & J. and its successors and assig~as, if any, arc referred to collectively hcrcina~ as the "p~opcx~ Ownc~." The CITY and. A & ]. arc collectively referred to herein as the CITY to cntc~ into binding development ag/ecm~nts with persons having legal ot cquita~a[~ imc~sts i~ real in order to establish development fights with respect the~to. . · ' Government Code authorizes I!~ CITY to cnt~ into a ~iuding B. Sect~on65865Co)oft~cCal~forma ' · ' unjnco ~atedte~ntopj~utaXsowith~nClTY's development agreement with ~cspect to ~al.pr~t~ dcvelo mcnt agreement is condifloned upon D~ve|opmcnt Agrecrc~t* ' a ~oximately Two Hundred Fafi7 Eight (248) ac~cs of real p~opefiy |ocatcd cn~xc[~ ~thin th~ C. c~itc" p~vious|7 the p~oject Site was subject to land (thc,,UnjvcrsitT/C~estpD,,). Th~Unive~sitT/C~estPDcnfltlex~atsc°mbin~dtw°seParatclY°wn~dPr°Pefiies'with 1,2~8 ~esidc~tial units, commercial development, school, park and open space of 1 ,! 11.29 ac~es. The P~oject Site the Crest portion of the Univ¢~siW/Crest PD. D. propere] Own~ has ~cnamcd the p~ojcct Sit~ (the form~ "R~vis~d Crest project") to the present naw.~ "Rancho Etiwanda Estates"). E. On Fcbrua~ 26, 2001 City St~ff delivctsd a Letter supporting conditions of th~ Rancho Eliwanda Estates p~oject citing Cil7 anncxalion oftl~ project and project requirements including Supplemental Environmental Impact p, epofi (SE1R"), Amendment of the City G~n~ral plan, Amendment of the Eliwanda North Specific plan, Tentative Tract Maps, Tentalive pa~cc| Map, and Devc|opment Ag~exnent- · ' o enacted by the CITY om ,2001 (the ' , ; .... th~ p~opgrq Ownen and (v) will p~ovidc four orderly ~rowth and dcvclopm~t of th~ CITY consistent with the CITY's General plan. Ordinance No. 666 Page 7 of 49 A~reement · ve recitals and the mumnl promises and covenants of the NOW, THEREFORE; in consideration of the abo , parties, end for other good end valuable consideration, the receipt end sufficiency of whjch is hereby acknowledge& the parries agree as follows: Section 1. GENERAL p~ROVISIQNS A. Effectiveness of Development A~eement Noiwith;tnnthng ~ee'effective date of the Enacting'Ordinance, this Development Agreement shall only M~nager for · period of not more thnn Ninety (90) days: (i) The project Site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not then subject to judicial challenge; end plan, and SEIR (ii) The project, City General Plan Amendment, Amendment to Etiwande North Specific have been approved by City and all entitlement~ have been issued for collation by Developer. Agreement is terminated, modified or extended by circm'astnnces set forth in this Development Agreement, including, without limitation, the extensions provided below ~nd any extension amibutable to the "force mejeure" circumstances described in Sec~on 2D5 hereof or by mutoal vai~en consent of the parties. those stz~ctoxes shall continue to be goven~ed by this Development Agreement for pu~oses of ensuring, fo~ land use purposes, that those structures continue to be legal conforming strucuffes and that those uses continue to be legal conforming uses. corporation o~ other entity ~t any time dm'ing the term of this Devalopn~.ent Agreement, and to the extent of each such Transfer, the txansferor shall be relieved of it~ legal duty to perform such obligations as to the Transfer . . proper~]under this Development Agreement at the time of the Transfer, except to the extent p~openy Owner ~s m Default, as deemed in Section 3C hereof, of any of the terms of this Development A~eement when the Transfer Ordinance No. 666 Page 8 of 49 3 If all or a portion of the Project Site is Transferred and there is noncompliance by the Uansferee 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 ha a breach hereunder against other parsons then owning or holding any interest in any other portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breacli shall be governed by the prov!sinns of Section 3C hereof. In no event shall the reservation or dedication of a portion ofthe Project Site to a public agency cau~ a Uansfer of duties and obligations under this Development Agreen~nt to such public agency unless specffically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the insmunent of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Property Owner shah notify the CITY not less than thirty (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 contemphted Transfer including as AssiEnment and Assumption of Development Agreement as to the Transfer property ("Assumption") to be executed by Tnmsferee and delivered to City upon Transfer. Upon City notification as described above, delivered by Property Owner, the I City Manager shall review transfer. The Transfer shall be deemed approved by City, subject to delivery at closing of the Assumption, without any additional govermm:ntal review or actiota D. Amendment of A~eement This Development Agreement may be amended from me to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anytiring 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 CI~Y 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 oftIris Development Agreement and the intent of the Parties. If and when, from time to time, the Parties fred that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, without amending the Development Agreement, the Parties may de so through one or more implementing agreemeats (the "Implementing Agreement"), winch shah be executed by the City Planner and by an authorized representative of Property Owner. At~er execution, each Implementing Agreement shall be attached us an addendure and become a part of this Development Agreement, and may be further changed or supplemented from time to lime as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shag only be , executedbyth~CityP~anner(~nbeha~f~ftheC~TY)~iftheCityPlannerhusdeterminedthatsuchimp~ementmg agreements are not materially inconsistent with this Development Agreement, and the applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution oftMs 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 tiffs Development Agreement, or winch would pt~port to change land use designations applicable to the Project Site under the Rancho Etiwande Estates Enfi~ements, shall be considered "material" and require amendment of this Agreement in accordance with the provisions of California Goverrffnent Code Sections 65867 and 65868. Ordinance No. 666 Page 9 of 49 4 Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use Entitlemerits The Land Use Entitlemeats are depicted on the Land Use Plan attached hereto as Exhibit "B". Land Use Enfitiements refers to the approval ofthe Development Agreement. The parties acknowledge that, without being obligated to do so, property Owner plans to develop the Project Site in substantial conformity with the Rancho Efiwanda Estates Project Entitlerecurs as approved by this Developmere Agreement. During the Term, the penrotted uses for the Project, or any po~ion thereof, the density and intensity of use, zoning, maxunum height and size of proposed buildings, building and yard setback requirements, provisions for seser,,ations or dedications, design and performance standards and other tenm and conditions of development of the Rancho Etiwanda Estates Project, shall be those set forth in the Rancho Efiwanda Estates Project Enfifiements as approved by this Development Agreement. The specific terms of this Developwent Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Rancho Etiwanda Estates pwject Enfitlements. The Parties acknowledge and agree that the total number of lots in the approved tracts total 632 lots and that lots may be shifted between tracts without increasing the overall number of lots and be in substantial conformity with the Rancho Efiwanda Estates Project F~ntiflementa as approved by this D~velopment Agreement. The CITY planner shall exercise his reasonable discretion to review transfers of lots between tracts and make the deternnnatinn of substantial compliance. Other cemin specific modifications of the Rancho Etiwanda Estates 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 herere. B. Rules and P. eEulations Pursuant to California Government Code Section 65856 and ¢ntcept as otherwig explicitly provided in this Development Agreement, the ordinances, rules, regulations and official policies governmg 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 Rancho Efiwanda Estates project Entifiements 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 Rancho Efiwanda Estates Project En~tlements, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and America With Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agrecnlent, and/or the CITY's standards. In the event of any conflict between the CITY's ordinances, xuies, regulations and official policies and the Existing Laws, then the Existing Laws shall contxoL The CITY shah not be prevented in subsequent actions applicable to the Project, from appfymg new ordinances, rules, regulations, and policies m 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: (i) modify the permitted types of land uses, the density o~ intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the constnlctinn or provision of on-site or off-site improvements or the reservation or dedication of land for public use, or the pa3nnent of fees or the imposition of exactions, other than as we in each case specifically provided for in this Development Agreement; (ii) prevent the property Owner from obtaining all necessary approvals, permits, certificates or other entitlemerits at such dates and under such circumstances as the Property Owner would otherwise he entitled under this Development Agreement; Ordinance No. 666 Page 10 of 49 (iii) prevent or inhibit Property Owner fxom commencing, continuing and finishing on a timely basis the construction and development of the Project or timely satisfaction of property Owner' s obligations under this Development Agreement, in the manner contemplated by this Development Agreement; end/or (iv) render eny conforming use oftbe projeet Site a non-conformmg use or any sttiacture on the Project Site a non-conforming structure. C. Desland Infrast~tcture Issues 1. _coated CormxmmW Rancho Etiwanda Estates is approved as a private gated coramunity, including formation of a Homeowners Association which shall own end be responsible for n'~tntenance of common area streets and related pm~poses, drainage facili6es, ratarim detention basin, utility easements, lendstaping and walls within Rancho Etiwanda Estates. Street Sections ~he CITY desires that the design of Day Creek Boulevaxd street sections be mothfled for the Rancho Etiwanda Estates Project Entitlemems, to accommodate a wider landscape setback along the east and south side of Day Creek Boulevard. Property Owner agrees to modify the design of stteet sections as depicted on Exhibit,~C_l","C_2","C-3"and "C-4"". The improvements for Day Creek Boulevasd shall be reviewed and approved by the City Planner end City Engineer. 3. Dry Utilities The Raneho Etiwanda Estates Project Entitlemerits do not require that Burd vaults be installed end the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site. 4. LIVID No. 7 SIoI~es Streetscape plans depicting slopes ( as shown on Exhibits '~D- 1" and "D-2") on Day Creek Boulevard in Landscape Maintenance Disttict No. 7 C'LMD No. 7" ) shall be reviewed end approved by the C1TY. 2H: 1V slopes may be permitted for up to Twenty (20) feet in height. Hardseape above the l~il~een (15) foot height, retaining walls end/or cn'b walls may be used at the discretion of the City planner and City Engineer. proposed specific slope treaunents winch shall be applied to the slopes in LIVID No. 7 are depicted on Exhibits "D- 1" and '~D-2" 5. Homeowners Association end Private lntract Slopes lntract sireetscape plans depicting slopes on Homeowner Association and private slopes shah be reviewed and approved by C1TY. 2H:I V slopes may be penniUed up to Forty Five (45) feet in height may be used upon review and approval with City Plann~ with retaining walls and/or cn~ walls as approved by the City Engineer end City Planner. Proposed specific slope treatments which shall be applied are depicted on Exhibits "E- 1", "E-2" and "E-3". 6. Circulation Issues end Fees a. Transportation FeejTraefic Impacts Analysis Circulation improvements necessary to serve the area in and around the Project Site, currently withinthe CITy, ate generallydopieted on Exln'bit"F-l." The CITy agrees to establisha ulrculationfee for the project depicted on Exhibit" F-9" as am. erhanism to reimburse the Rancho Etiwenda property Owner for consn'uction of infiastructure in excess of Rancho Etiwanda Property Ownet's fair share. The fee shall be calculated on a per-acre basis, with the cost of the infrastxuctun~ allocated to the benefitling properties. Exhibit '~F-4" depicts the benefitring properties end their respective fair share. Exhibit "F-5" through ~F-8" depict the estimated costs of the infrastructure. Exhibit "F-2" and "F-3" depicts the street eross-seetions. property Owner Shall pay the fee. in addition, Property Owner will be constructing additional regional transportation improvements depicted on Exhibits "F-10" and "F-11 ". Upon formation of a Community Facilities District CCFD'') property Owner may include this cost as part of the CFD financing. Ordinance No. 666 Page 11 of 49 Rancho Etiwanda Estates shall not be obligated to participate m any fair share conhibution for Transportation Impact Analysis Fees ("TIA") to City for uansportation improvements within City. b. Other Circulationl__n~lrovements The CITY has requested and the ProperW owner has agreed to: (i) Consuuct Day Creek Boulevard from the northerly terminus of Rancho Etiwanda to Etiwanda Avenue, as depicted on Exhibit "C-I" and to complete the work by the date of issuance of the 150~ building permit on the Property or first certificate of occopancy or to the satisfaction of the City Engineer. (ii) ConatructEtiwandaAvenuefromthesoutheasternboundaryoftheRanchoEtiwanda Estates Project, north to Day Cl~ek Bivd, as depicted on Exhibit "C-1" and to complete the work by the date of issuance of the 150th building permit on the Propen'y or first certificate of occupancy or to the satisfaction of the City Engineer. (iii) ffedjacentprojectsfailtoextendDayCreekBoulevardfromStateRoute30to Rancho Etiwanda Estates, Project Owner and CITY will process Developfront Agreement Amendment to address additional off site infrastructure and acquisition or right-of-way required for ProjecL Project owner will be responsible for acquiring fight-of-way and constnicting Day Creek Boulevard to State Rou{e 30. (iv) CITY will support deletion of Etiwanda Avenue north of Day C~ek Bt~ulevasd depicted on Exhibit "C-1 ". CITY also discourages construction access on Etiwanda Avenue and any interim constniction access most be approved by City Engineer. 7. Storm Drains/Park Fee/Equestsian Fee CITY approves consu'uction, by property Owner, of an "intemn Detention Basin" located as shown conceptoally on Exhibit "G". TheInterirnDetentionBasinshalldedicatedtoCITYandmeintauiedbY LIviD No. ? until the Project is connected to the completed COUNTY/CrrY storm drain in the funire. Upon recording of the first final map for the Project, Property Owner shall pay a fee to CITY in the mount of $50,000 for future Detention Basin improvements. Interim Detention Basin shall be landscaped by Project Owner as depicted on Exhibit (i) According to the Rancho Etiwanda Estates project Entitlements, the regional and secondary pollion of the Etiwanda/San Sevaine drainage fee shall be paid by property Owner to the COUNTY, if required. (ii) No CITY swrm drain fees shell apply based upon the construction of project entitlements, interim detention basin, and construction of storm drain iraprovements by Propen'y Owner. (tii) Property Owner wig pay City a sum totaling $4,171,200 for park purposes. The sum will be paid from CFD formation and funding and prior to recording of the first final map. (iv) properly Owner w~l pay City a sum totaling $632,000.00 (based upon $1,000.00 per unit calculated upon a minimum 632 housing units) for equestrian ptul3oses The sum will be paid from CFD fornm~on and funding and prior to recording of the first final map. li. Grading The Project is exempt from the CITY Hillside Grading Ordinance and Etiwanda North Speci~cplangradingrequlrements, propertyOwnerwillcooperatewithCityPlannerandCityEngineertodeveloP Project grading standards. 9. Development Standards The Developlrmnt Standards set minimum requirements, however, the intent of the Project to develop compatible with the CITY's Low Residential District within the Development Code. (i) _Lot Area: Single Family (SF ?,200 minimum. Ordinance No. 666 Page 12 of 49 (ii) Width: Sixty (60) feet minimum, measured across building set back line of lot. Width may vary dependant upon lot size. (iii) Coverage: Building: 40% maxnnum of lot area for building straetuxes. Paving, chiveways, patios, or pools shall not be calcuhted as part of building coverage. (iii) Buildinu Setbacks: a) From Yard: Should be staggered with a minimum Eigh~en (18) feet with an avenge of Twenty (20) feet throughout the Tentative Tract, as measured from the R.O.W.. b) Side Yard: Fifteen feet minimum building separation is required with mlninlurn Five feet and Ten feet side yards measured from property lines. c) Rear Yard: Fifteen feet minimum useable d) Garage placement: Where garages are entered from local s~ffeets and the garage doers face the s~eet, be setback shall be a minimum of Twenty (20) feet from the back of the sidewalk. Where garages are entered from local steers and the garage doors do not face the street (side entr/garages ) the setback shall be Ten (10) feet miramum from back of the sidewalk. Two stox'y Thirty Five feet maximum (vi) Numberf rio ~jints: Project entitlemerits shall include Six Hundred Thirty Two (632) housing units. Ordinance No. 666 Page 13 of 49 10. Design Review process The'Project shall be subject to CITY design review process with ~he exception of City Hil~sideGrsdingordinanceandEtiwandaNorthSpeci~cPlangradingrequiremen~s'll' Qpen Space Transfer Plan Property Owner will laransfer to the County of San Bcrnardino, in fee, 86 acres (V2 of a 172aereparcc~)~f~sit~andf~rp~man~nt~p~nspace~al~ngwiththndthginth~am~unt~f$~l~ toprovide for long term maintenance of said land. The transfer and funding shah occur upon recording of the first final map of the PmjecL Other land transfers and timcLing may occur to others as part of open spac~ transfer plan. hrchitecmral Guideline, _v_._, ----s D. Timing of Devehipmgnt and ]F~es Development of Remainder of Proiect Site ~;ither lfr~perty Owner nor Cl'I Y can presently predict when or the rote at which phases of the project Site shall be developed, since such decisions depend upon nurngrous factors which arc not within the control of Ptop~ty Owner including, without limitation, market orientation and demand, i~tersst rates, absorption, cor~etitinn, aM other factors. The parties acknowledge and ague that property Owner retains flexability unde~ this Development Agreemant to develop the Project in such order and at such rate and times as are appreprint~ within the exercise of the Proper~ Owner's business judgment. The CITY further acknowledges that Properly Owner may desire to market, sell or otherwise arrange for disposition of some or all of the Project Site, prior to devehipm~nt, and that the rate at which the Project develops wig likely depend upon the business judg~'n~nt of subsequent owners oftbe Project Site. 2. CITY's Cooperation CITY sl~ail use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Properly Owne~ 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) pron~p~y processing all mimst~rial permits in accordance with Section 21 below. Without limiting the effect of any other provision of this Devehipm~nt Agreement, any rutare 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 ProPerl3t 0wner's vested rights to develop the Project tmd~r 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 in effect in the enti,e C,TY, inchiding Devein,.nt .d De.,,-,pecked in However, the criteria used in the evaluation of each development proposal shall ha based on the objectives, policies and specific development standards specified Izrcin. Ordinance No. 666 Page 14 of 49 3. Force Maieure Notwithstanding anything to the contrary contained in this Development Agreement, Property Owner and CITY shall be excused t~om 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 fiR, floods, earthquake, or other casualhes, litigation, acts or neglect of the other patty, economic consideration or any other cause beyond the reasonable control of CITY or Property Owner, us opphcable. The time of performance of such obligations as well as the term of this Development Agreement shah automatically be extended by the period of such delay hereunder. E. Future Enu~lernants With respect to any entiflements that property Owner may require in the future, including, without limitation, tentative lract and pamel map approvals, conditional ~se permits, and Developmenl/Design Review, the CITY shall retain its thscretionary 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 Develupm. ent Agzeernent and fue CITY may only impose conditions upon such discretionary entitlements which are cousistent with the Rancho Etiwanda Estates Project Entillements as opproved by this De~;elopmgnt Agreement, except as otherwise specifically required by state or federal hw. F. Environmental~view Other than the mitigation rneasu~s and conditions of approval set forth in the SEIR and the Ranchn Eliwanda Estates Project Enliflements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Rancho Eliwanda Estates Project, as presently opproved and as evaluated in the SEIR, shah be required. In connection with the CITY' s issuance of any further entitlement (as contemplated in Section 2F above), which is subject to CEQA, the CITY shall promp~y 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 SE1R and other existing environmental reporls and studies as adequately addressing the environlnental 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 re, gEms (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts of such future entillements, 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 adthlional mitigation measures shall be nnpused as a result of any Future Policies; and (ii) The CITY aglees and acknowledges that the T]A incorporated in the SEll has fully analyzed the traffic projected to be generated f~om the Rancho Etiwanda Project, and in accordance with all applicable legal requirements roehiding, without limitation, the TIA Guidelines set forth in the San Bernardinn County Congestion Management Plan CCMP'), no additional traffic impact analysis shall be required for development of the Project Site as long as the number of vehicle uips generated do not exceed the vdlicle trips evaluated in the TIA analysis. In the event and at such time as the Project generates more vehicle trips than analyzed in the TIA, the CITY may require a new lraffic impact analysis in accordance with such ChIP standards as may exist at such time. Except in such event (and except fuc such Iraflic circulation/site-access analysis as may be reasonably required to determine the configuration and alignment of S~reets adjacent or internal to the Project), no further traffic impact analyses shall be required by the CITY with ruspect to implementation of the Project. Ordinance No. 666 Page 15 of 49 G. CITY Fees and Mandates by State or Federal Laws The Pardes acknowledge and agree that the fees and impositions winch n~y potentially be imVosed by the CITY on the Rancho Etiwanda Estates Project and Property Owner (collectively, "Fees") fall within one of three categories: (a) fees for processing land me and constoac~on permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but winch are subject to the limitations set forth in Sections 66013, 66014 and 66016-66018.5 of the Govenunent Code) (collectively, the "Processing Fees"); (b) fees ot other monetary exactions which are contemplated under ordinances ot resolutions in effect as of the date of this Development Agreement and which proport to defray all or a portion of ~ cost of impacts to certain public facilities, improvements and other amenitiee from development projects, meinding any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any roeteases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category ofin~acta identified in the Existing Fee Categories); and (e) fees or other monetary exactions winch may be in~osed in the future by the CITY for purposes of defraying all or a portion of the cost of public facilities, n~provements, or amenities related to development projects, but excluding the Existing Fee Categories ("Other Fees"). The property Owner's obligation to pay Fees shah be specifically governed by the following provisions: 1. Processin~z Fees. The CITY may charge planning and Engineering Plan Check and pen~it Fees and Building Permit Fees winch are in force and effect on a CITY-wide basis at the time of Nen'y Owner's application for a land use entitlement or a construction t~i,l~L The amount of any processing Fees shall be determined by the CITY in accordance with all applicable laws including, without limitation; Goverranent Code Sections 66013, 66014 and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by property Owner and the CITY, the ProcessLug Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout jurisdictional limits of the CITY. 2. Existin~ Fee Categories. As set forth above, the CITY agrees that certain fee categories, (including, without limita~on, transportation improvement fees, storm drain improvement fees, and park fees) have been or will be m~t by Property Owner through the construelion of improvements or funding. In consideration of the conslvaction costs and funding to be borne by property Owner, CITY will not collect a Beauti~caa/.on Fee from the development of the Rancho Etiwanda Estates Project. 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 tan (10) years following the effective date of firs Agreement. The period during winch fees within any Existing Fee Categories are limited as descn~aed in this section (and as further applied in paragrapli 3 below) is referred to hereinafier as the "Fee Limitation Period." 3. Other Fees. In consideration of the Property Owner's agreement to modify the Rancho Etiwanda Estates Project Entitlefronts as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set funk above, no other Fees shall be imposed upon Propony Owner or the Rancho Etiwanda Estates Project during the applicable Fee Lmptalion period, except as mey be specifically requited to carry out any state or fedend law or mandata enacted al~er the effective date of this Development Agreement, as necessary to mitigate enviromnmtal impacts of the project in accordance with Section 2G above. Even in those cases where Propen-/Owner or the Project may be required to pay Other Fees, any such Other Fees shall be limited to Propere/Owner's fair share contribution to impacts created by the Project, shall not discriminate against Property Owner (as compared to other pxoperty owners in the CITY) and shall nm duplicate any Exactions or other mitigation or fees conmbuted or paid by property Owner or the project, or borne by property Owner or the Project through in-lieu construction. 4. Fiscal Irnnact Analysis. CITY does not require Property Owner or the Project to complete a fiscal analysis for application or issuance of any approvals m permits that CITY might issue under this Development Agreement. Ordinance No. 666 Page 16 of 49 H. Non-Discretionary Permits The Parties acknowledge that in the come of in~lemgnting the Rancho Eliwan& Estates Project, Properly Owner will, from time to fin.e, apply to the CITY for various ministerial permits, lkensns, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, consu'uction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY'sjurisdiction(colieclively, the "Non-Discretionan]penints"). Property Owner shall have the righi to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2B, above). The CITY shah issue to Property Owner, upon such applications, all required Non-Discretionm7 Permits, subject only to compliance with the terms of this Development Agreeme:at, the CITY's Existing Laws (and any applicable Funtre Policies under Section 2B above) and payment ofCITY's nsanl and customary fees and charges for such applications and Non-DiscretionaPj Permits (subject Io file provisions of Section H above). The 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-DiscretionaPJ Permits (the "Approved plans"), all further entiflements, approvals and consents required from the CITY to implemem the Project which are consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. I. Coonerafon 1, Cooperation With Other Public Aeencies The CITY acknowledges that Properly Owner may apply fxom ~ to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Rancho Etiwanda Estates Project, in connection with the development of or provision ofseP/ices to the Project, including, without limitation, approvals in connection with developing and implementing a tertiary water system, potential transportetion improvements and other on-site and off-site infrasu'ucntre. The CITY shall cooperate with Property Owner in its efforts to ohmin such permits and approvals from such agencies (including, without limitation, die Cucamonga County Water Disttict, and the Inland Empire Utilities Agency, and shall provide any documents or certificates reasonably required to process and obtain such penmrs and approvals. 2. Construction of Off-Site Inlnrovements To the extent that Properly Owner is required to coraltact any off-site improvements as a condition of developing the Project, the Property Owner shall make good faith, diligent efforts to acquire any off- site property interests required to eonsuuct such public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the furst final subdivision iTmp for approval, enter into an agreement to complete the improvements under Government Code Section 66462 at such time as the CITY acquires the property intgr~sts required for the public improvements. Such agreement shall provide fm 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 file form of a cash d~osit in the mount stated in an appraisal report obtained by Property Owner, 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 consixuction of any substantial infxastmctuxe on-site, substantially benefit other properly ownen or other portions of the jurisdiction of limits of die CITY, the CITY agees to assist Property Owner te the fallest extent possible in obtaining reimbursement or other fair share conlxibulion by such other benefitted properly owners. Such assisteuce may include, without limitellon, conditioning the approval of development projects proposed I~y such benefitted property owners upon such owners' conlribution, on n fair share, pro-rata basis, to the construction costs of such improvements. Without limiting the generality of the foregoing, the CITY agnes that with respect to the infxastruuture improvements, which are adjacent to and benefit other properties (whether such propcries are undeveloped or developed), any further discretionary approvals sought by such properly owners shall be conditioned to require fair share reimbursement to Property Owm:~ for construction and related costs incuned in providing such improvements to the extent legally permissible. 3. Public FinancinE The Parties hereby acknowledge that substantial public nnproven~nts must be funded in order to contribute to die Park Fcc and Equeslrian and School fees and the remainder of die Project Site and that public financing of a substantial portion of these unpnavements will be critical ~o the economic viability of the Ordinance No. 666 Page 17 of 49 Rancho Etiwanda Estates Project. Subject to the CITY'S abihty to make all findings required by applicable law and compl3fing with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Propen3· Owner to the filllest extent possible in developing and implementing a public financing plan for the construction of the public infrasm~ctore impwvementa. The implementation of such plan may include, without limitetion, the formation of one or more assessn~ent dis~icts, or Mello-Roos conmmmty facilities disiricts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. The Parties acknowledge that it is Property Owner's intention to request that the Etiwanda School Disnice or City of Rancho Cucamonga act as the lead agency for the plan, possibly with a joint powers agreement with CITY, for school facilities fees, the Park funding, Equestrian funding, transportation fees and other CITY facilities. All formation costs shall be borne by Property Owner subject to reimbursement by the Community Facilities Disnict. J. Inclusion into LMD No, 7 The CITY and ~;~perty Owner agree that the PrnperW shall be included within the existing and established Landscape Maintenance Disnice No. 7 ("LNH) No. 7'~} upon recording of the individual final maps of the Project. LMD No. 7 will be responsible for the landscape maintenance of Day Creek Boulevard and Interim Detention Basin. Section 3. ANNUAL REVIEW A. CJood Faith Con'wliance Pursuant to California Governniche Code Section 65865. l, 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 Properry Owner who may own a parcel comprising the Project Site. In connection with such annual review, 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 property Owner. If at any time prior to the review pe~od there is an issue concerning a PropeW] Owner' s compliance with the terms of this Development Agreement, the provisions of this Section 3 will apply. B. Certificate of Comuliance If Property Oval~ is found to be in compliance with this Development Agreement after annual review, the City Planner shaH, upon written request by Propen'y 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 Prope~y Owner is not in default The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart consUuc~ve record notice of compliance. Properly 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 fred that Property Owner has not complied in good faith with the material terms of this Development Agreement (a "Default"), he shall first give written notice to such effect to Property Owner. The notice shah 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 AgreemgnL The notice shall specify in detail the grounds and all facts allegeally dernonsWaling such noncompliance, so property Owner may address the issues raised on a point~by-point basis. Property Owner shall have twenty (20) darts after its receipt of such notice to file a writ~n 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 tiffs Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which Property Owner has allegedly failed to comply with this Development Agreement and the t~rms under which compliance can be obtained. The Notice of Default shall also specify a reasonable ~ for Property Owner to meet the tsrtm 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 rehted to the time necessary to bring Property Owner's performance into good faith compliance. D. Rinht to Avveal Ordinance No. 666 Page 18 of 49 Upon receipt of a Notice of Default, 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 appeal with the City Clerk within ten (10) calendar days following 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's Development Code. At the hearing, 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 Cotm~il finds and determines on the basis of substantial evidence that Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which 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 tenus of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and winch shall be reasonably related to the time n~cessery to bring Properly Owner's performance into good faith compliance. E. property Owner's Cure P, izins If Property Owner is in Default under this Development Agreement, it shall have a reasonable period oftfine to cure such Default before action is taken by th~ CITY to teninnate this Developmum Agreement or to otherwise amend or limit Property Owner's rights under this Development AgreermmL In no event shall such cure period be lees than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessmy to cure such Default. Any such cu/e period shall be extended by the force majeu~c circumstances described in Section 2D5 above. ' - Section 4. ENFORCEMENT A. Enforceab!gby_ Either Party Subject to all requnenk~ts 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 ~medies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise penntired herein and in Government Code Section 65864 ct 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 declanttory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shah be cumulative and not exc~usive~f~nean~ther~andtheexercise~fany~n~~rm~re~ftheremedie~shalln~tc~ns~tuteawaiver~r ~ election with respect to any other available rexnedy. The provisions of this Section 4B are not intended to modify other provisions of this Development Agreerm:nt and are not intended to provide additiodal remedies not otherwise permitted by law. Ordinance No. 666 Page 19 of 49 C. Attorneys' Fees In any legal proceedings brought by either par~ to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratoP] 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 in enforcing a judgment in its favor under this Development Agreenlenl, 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 suchjudgm enL Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1 C above, the tenus 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 fights under this Development Agreen~nt are assigned, the term "PropelS] Owner" shall refer to any such successor or assign. ' B. Proiect as a Private Unde~a~ne It is specifically understood and agreed by and between the Parties that the Rancho Etiwanda Estates Project is a private development, that neither party is acting as the agent of the olher 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 Preperty 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, conslruc, limit, amplLr~ or aid in the int~xpretation, construction or lllel~nin~ of/my of the provisions of this Developwent Agreement. D. Mortgagee Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit properly Owner, in any manner, at property Owner!s sole discretion, from encumbering the Rancho Eflwanda Estates Project or any portion of the Rancho Etiwanda Estates Project or any improvement on the Ranclio Etiwanda Estates Project, by any mortgage, deed of trust or other securiW device securing financing with re spect to all or any part of the Rancho Etiwanda Estates Project or any improvement thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any Mortgage subsequendy 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. Mortgagee Not Obli~atod. Notwithstanding anything in this Development Ag~reement to the contrary, (a) any holder of the beneficial interest under a Mongaga ("Mortgagee") may acquire title to or possession of all or any portinn of the Rancho Etiwanda Estates Project 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 Agn~crnent to consinlet, fund or othensise perform any affu-ma~ve obligation or affixmative covenant of property Ownes hereunder or to guarantee such performance, and Mortgagee may, after acquiring lide to all or any portion of die 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 mmsfer to the CITY and the assumplion by the assignee or transferee of the obligations of the Property Owner with respect to the Propert3z or portion thereof so acquired which arise or accn~e 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 trdnsfencd; and (b) the consent of CITY shall not be required for the acq~on of all or any portion Ordinance No. 666 Page 20 of 49 of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue ofacquidBg 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 acquir~ 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 (a) and (b) 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 conlinBe to be a condition precedent to the CITY' s granting of such benefit end p{~formance of such covenant hateRrider. - 4. Notice of Defanlt to Mort~aeee: Right of Mort~auee to Cure. ff a Mortgagee files with the CITY Clerk a written notice requesting a copy of any Notice of Default given Properly Owner ~nder this Development Agreen~nt and specifying the address for detivery thereof, then 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 othersvise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) daY~ after the expiration of any cure period given to Property Owner with respect to such Default, to ctu~ such default; provided, however. that ff any such Default cannot, with diligence, be remedied or c~red within such thirty (30) day period, then such Mortgagee shall have such additional time as may ha reasonably ngcessaxy to remedy or cm'e such Default, if such Mortgagee commences to remedy or c~Lre within such thirty (30) day period, and thergafier diligently pg_rsues and completes snch ~emedy or cure. Notwithstanding the foregoing, if the De fault is of a nature which can only be c~red by Mortgagee by obtaining possession, such Mortgagee shah be d~med to have remedied ur cured such Default if such Mortgagee shall, within such thirty (30) day period, con'anence efforts to obtain possession and can'y the same forward with diligence end continuity thxough implementation of foteclosure, appointment of a receive~ olr otherwise, and shall thereafter remedy or cure or comicnee to remedy or cure the Default within the cure period specified in Section 3E above. 5. Banknmtcv. Notwithstanding the provisions of Section 51)4 above, ff a Mortgagee is prohibited fTom commencing or prosecuting forechisu!~ or other appropriate proceedings in the nature thel~of to obtain possession of the Project Site by any pl~ocess or injunction issued by any court or by reason of any action by any court having jurisdiction of any bank~ptcy or insolvency proceeding involving lxtoperty Owner, Mortgagee shall for the purposes of this Devehiprn~nt Agreement be deemed to be proceeding wiltl dihgence and continuity to obtain possession of the property daring the period of such prohibition if Mortgagee i~ proceeding diligently to ternunate sucli prohibition. 6. Amendment to Dev$~loDment A~reement. The CITY end Pmp6~. Ownes~ agsee not to modify or amend this Development AgzeemenX or to allow this Development Agreern~t to be: modified or amended in any way, or cancel this Development Agreement, without the prior written cons~n~ 5!'each Mortgagee, which - consent shall not be unreasonably withheld ur delayed. Nolwithstanding anythj~g sta~ed above to the con~*a'~', C-~ ...... ~ :-:-. CITY and Property Ovalet shall cooperate in i~cluding in this Developn~ent Agseenleni, by suitable implementing . · - agreementfr~mtimet~time~anypr~visinnwhichmayreas~nab~yb~request~dbya~r~p~sedM~gage~f~rthe : ptirpose of implementing the mortgagee-protection provisions containted ~ this Development Agreement and ... allowing such Mortgagee reasonable means to protect or presm, e the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Ptopen~ Owaer each agree to execute and deliver (and to acknowledge, if necessary, for recording proposes) ally implementing agreen~nt necessazy to effect such request; provided, however, that any such implementing agreement shall not in any n~terial respect adversely effect any righta of the CITY under this Development Agreement or be materially inccmsistent with the substantive provisions of this Development Agreement, th~ Rancho Etiwanda Estates Project Entiflements and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessal7 under this Development Agreement, unless the context olizerwise indicates, such consent or approval shal| not be unreasonably withheld. F. ~ ~-I.]~,, ~,_~_~ 6o?-ol ~ Ordinance No. 666 Page 21 of 49 This Development Ag~e~n~nt ~nd Cae doetruants attached to and referred to m ~s Devcl6p~t ........ A~ement cons~m~ the ~e a~e~nt be~een ~e P~es ~ reject m ~e subject ~ner ~ ~ G. F~er Ac~o~ ~ ~ents ~ch of ~e P~es s~ll coo~ra~ ~th and p~vide ~Eo~ble ~is~e to ~e o~er to ~e extent come~lated under ~s Devel~nt A~e~nt in ~e pe~o~c of all obliga~ ~der ~s Devel~nt A~ee~nt and ~e sa6sfac~on of ~ con~o~ of t~s Develop~nt A~eement. H. Oov~ ~w ~s Develop~nt Agee~nt hclu~ng, ~out ~mfio~ iB e~ence, valise, commotion $d opera~o~ ~d ~e fi~B of each of~ P~es sMB be ~te~ned ~ aecor~ ~ ~ hws of~e Smto of Califo~a. I. Rgcordm ~e ~ ~k shH ~e a e~y of~s Devel~mnt A~e~t m ~ ~co~ ~ ~e o~ce of · e Recotd~ of~e Co~ of S~ B~o no lat~ ~ ten (10) ~ys follo~g ~e eff~five ~te of~ Devel~nt A~ee~nt. J. T~ Tm ~ of~e es~n~ ~ ~s Devel~nt A~est ~d of ~h nd ~v~ t~d co~fion of~s'Devel~$t A~nt. K. Waiv~ ~e faflm of ny of~e P~es at ~y me to seek ~ess for n~ ~olafion of ~ Develop~nt A~nt or ny applicable law or ~h~on or to mist ~on ~e s~ct p~o$ of ny ~ or co~on shB not prev~t ~y subsequ~t act or o~si~ of~e sm or s~l~ ~e wMeh wol hve ofigmlly co~fimted a breach of or defa~t ~det ~s Develop~nt A~m~t tom h~g all ~e fore ~ effe~ of n ofigml ~eaeh or defaul~ and such subs~uent act or oresion ~y ~ p~ed agmt ~ ~¢ ~lest ext~t pro~d~ by ~s Devel~ment A~nt. No ~o~sion of~s ~velop~nt Agee~nt sMll ~ ~m~ to hve ben waived by a p~ ~ess ~e waiver is m ~g ~ si~ed by $y of~e P~es. If $y ~ cov~ c~di~on or p~on of ~s Develop~m AFe~nt is held by a eom of coherent j~ietion to be ~va~ void or ~effo~nble, ~e reSd~ of~ p~v~io~ of~s Devel~nt A~ment s~l re~in ~ ~11 force ~d effect ~d s~ll in no ~y be affecte~ i~ed ~ ~li~ted ~mby. M. Notices All notices be~een ~e CIE ~ Pr~ O~er ~d ny ~f~e ~d~ ~ Develop~nt A~ee~n~ s~ll be ~ ~g ~d shll ~ given by ~rsoml deliv~, ~il or facs~le. Notice by ~o~l delive~ or facs~le shll be ~med effective u~n ~ ~liv~ of such notice m ~ p~ for which it is ~mded at ~e a~ess set fo~ ~low (or, m ~e cse ofa ~sferee, at ~e ad~ess ~c~ by such ~sfee ~ a ~R~ . notice to CI~. Notice by rail shll ~ de~d effective u~n ~eeipt or rejection of ~e a~ess~. ~e P~es' c~ent ad&¢ss ~e ~ foilore: Ordinance No. 666 Page 22 of 49 To CITY: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Arm: City Manager With copies to: Mr. James Markman City Attorney Richards, Watson & Gershon One Civic Center Circle Brea, California 92821 To property Owner: A & J Resourcefflnc. 1100 Avondale Rd. :' San Marino, Califorma 91108 Arm: Mr. Tony Yeh With copies to: 1. Ben C. Anderson Inc. 4901 Birch S~reet, Suite C Newport Beach, Califomia 92660 Atm: Mr. Ben Anderson 2. Himmelstein & Associates P.C. 1200 Cliff Drive Newport Beach, Califomia 92663 Arm: Chetyl Ice, Esquire Either of the Parties may change its mailing address or the person to whom n~ices am to be sent at any time by giving written notice of such change to the other of the Parties in the manner provided above. N. Indemin~eatinn Property Owner hgreby agrees to indemnify, defend, and hold harmless dm CITY and its Council melnbers, representatives, agents, officers, armmeys, 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; provided, however, that Properly Owner's o$1igations under this Section are subject to and conditioned upon the CITY and Properly Owner entering into a mutually satisfactory joint defense agreemere under winch the CITY shall cooperate fully with Property Owner in the define. of any such claim, action or proceeding, Property Owner will be entitled to coordinate and direct the prosecution and defense of such claim, action, or proceeding, and Property Owner shall retain settlement authority with respecl thereto. The CITY and Properly Owner agree not to unreasonably withhold or delay their approval of such joim defense agreement. FN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year frrst above written. CITY OF RANCHO CUCAMONGA A & J Resources., Inc. a Califomia corporation By:. By: Mayor Name: Tony Yeh Its: President Ordinance No. 666 Page 23 of 49 AI'IESTED TO: City Clerk APPROVED AS TO FORM: City Attorney Attorneys for A & J Resources, Inc. Ordinance No. 666 Page 24 of 49 Ordinance No. 666 Page 25 of 49 AL~O BEING NORTH 0 D~3. O0' 32' OF ~ ~ON ~ X~ NOR~ 89 DBO. ~' S8" ~ A~ ~ p~t v~ .~, A D~ OF 2238.90 ~ ~ ~ ~ ~ OF ~G~G; ~ ~ ~ DEG. 38' ~G NOR~ 0 D~ lr 21' ~, 1~. A ~ 1-1~ ~ ~ ' MO~ ~ AT ] NOR~ CO~ OF ~ ~ON 20. ~ NOR~ 1~ OF ~.ND~ 1/4 ~ ~O ~ ~ ~, ~ $ CO~ OP ~ ~INO, ~A~ OF ~R. A~G ~ ~ AT ~ ~s~N ~ ~ ~y ~ OF S~ NOR~ Y4 OF NOR~y ~ ~ .P~t ~E ~ A ~ ~T ~ 4~ ~ ~y. DA~ M~ 1~ 1~4 ~ ~ ~ ~Y ~ OF ~ ~ NOR~y ~ ~ ~ ~ON ~ ' ~ ' ~' ' ~T ~R~ON OF ~ NO~ ~ OF ~ NO~ 1/4 0F ~ON ~, ~ I NOR~, ~ 6 ~, ~ ~O ~RO~ BY ~ ~0~ G~ NO~ 13, IB5, L~G 'NORT~i~Y OF ~ED'~I 1~ ~ ~ 8195 PA~ 4~. 0~ ~S OF ~ CO~. ~o ~M ~ SO~y ~0 ~ i~OF. Ordinance No. 666 Page 26 of 49 w~/I,~l sc~ ~^c~,.'f ,'~c'r ~ ALLARD ENGINEERING EXHIBIT "B' RANCHO ETIWANDA ESTATES LAND USE PLAN LAYOUT :.. L.A.D.W.P. Ordinance No. 666 Page 29 of 49 RANCHO ETIWANDA ESTATES STREET CROSS SECTIONS NORTH CL SOUTH OR OR R/w R/W BECKON A TYRCAL SECTION: LOCAL STREET ALERNATE LOCAL STRE~ ~PICAL SECTION SECTION A-2 NORTH 5OLITH R/W :' ,.:" SECTION B STA. 77+43,05 TO ~IWANDA AVE. -' *,~t Preliminary ~ ~: EXHIBff C-2 AL~RD ENGINEERING Ordinance No. 666 Page 30 of 49 RANCHO ETIWANDA ESTATES STREET CROSS SECTIONS NORTH SOUTH OR · s' w~oE WHSN CUaB ~,DJACENf DAY CREEK BOULEVARD SECTION C s~. 72+43.05 To STA. 77+43.05 SECTION D preliminary ~'~,~." ~r, EXHIBIT C-3 ALLARD ENGINEERING Ordinance No. 666 Page 31 of 49 RANCHO ETIWANDA ESTATES STREET CROSS SECTIONS SECTION E rx,0s~0"' ~ I SECTION F SECTION: DIWANOA AVENUE (NORTH) Preliminary P~,.,d ay: EXHIBIT C-4 ALLARD ENGINEERING ~o~,~ Ordinance No. 666 Page 32 of 49 __ TYPICAL STREET SECTION COLLECTOR STREETS TYPICAL STREET SECTION LOCAL STREET 3AL SLOPE PLANTING GATED ENTRY / DAY CREEK BLVD. SECTION DAY CREEK BLVD./BASIN SECTION RANCHO ETIWANDA ESTATES SITE PLAN EXHIBIT D-1 Ordinance No. 666 Page 33 of 49 VIEN WALL ~ ' SLOPE PLANTING · ///~/ MEANDERING WALKWAY ~ s~ (~ DAY CREEK BOUL~D SECTION $1D ID 10' MEANDERING WALKVVAY -DAY CREEK-BOULEVARD .... TYPICAL TREATMENT RANCHO ETIWANDA ESTATES DAY CREEK BLVD. SECTION EXHIBIT D-2 Ordinance No. 666 Page 34 of 49 VIEW WALL ,, :~.;, ~ PRIVATE SLO~E~ : i . - ,',, MEANDERING SIDEWALK "'\': ' ,. . ~,,~,~ __ ~ __"- '~ ',: TYPICAL SECTION: COLLECTOR STREETS SIDEWALK V STREET TREE TYPICAL SECTION: LOCAL STREET RANCHO ETIWANDA ESTATES TYPICAL STREET SECTIONS EXHIBIT E-1 Ordinance No. 666 Page 35 of 49 4' SIDEWALK STREET ~I~EE$ ~~,~u//,___;iDEWALK TYPICAL SECTION: ALTERNATE LOCAL STREET RANCHO ETIWANDA ESTATE ALTERNATE LOCAL STREET EXHIBIT E-1A Ordinance No. 666 Page 36 of 49 GATED ENTRY TYPICAL SLOPE PLANTING TREES LAYEREl: pLAN TURI -- DAY CREEK 3OULEVARD GATED ENTRY: PLAN 'TYPICAL SLOPE pLANTING ROCK VENEER GATED ENTRY: ELEVATION RANCHO ETIWANDA ESTATES GATED ENTRY EXHIBIT E-2 Ordinance No. 666 Page 37 of 49 52 51 CITY OF RANCHO CUCAMONGA: SLOPE PLANTING STANDARDS TYPICAL SLOPE PLANTING RANCHO ETIWANDA ESTATES TYPICAL SLOPE PLANTING EXHIBIT E-3 LEGEND m BENEFIT AREA SECTION KEY Wilsol Avenue . Preliminary RANCHO ETIWANDA cou,ty of s~, ~ .....di.~ ESTATES City of Rancho Cucamoll TRANBPORTATION REIMBURSEMENT FEE ANALYSIS EXHIBIT F-I ~BD ~I~RING Ordinance No. 666 Page 39 of 49 RANCHO ETIWANDA ESTATES TRANSPORTATION IMPACT. FEE ANALYSIS ~- R/W SECTION A 0.,E, SECTION B ~ , SECTION ii 'i ATJ.ARD ENGINEERING c~ P.,~s~-~- h~ ~. t~ n,~: Preliminary ~' .....~ ~ EXHIBIT F-2 Ordinance No. 666 Page 40 of 49 RANCHO ETIWANDA ESTATES TRANSPORTATION IMPACT FEE ANALYSIS SIDEWALK) ~ CURB & SECTION D SECTION E ALLARD ENGINEERING c~ z~=.~,,,._ ~ s..,,.~- ~ ~--..-: Preliminary ~=~ a a EXHIBIT F-3 '00 Transportation Reimbursement Fee Analysis - City of Rancho Cucamonga ~ ~- DAY CREEK AREA - Etiwanda North ,- G~ _~* .~.~ Rancho Etiwanda Estates --' = O C) DATE ESTIMATED: 511112001 -~ ® DATE PRINTED: 6/1/2001 .~. Z ESTIMATED BY: Allard Engineering (D p O~ O~ Total Transportation Costs $3,028,800 O) Total Area Acres 508 Fee Per Acre $5,962 PER ACRE BASIS Parcel APN Acres Lots % of Project (1) Fee Per Acre Fair Share Amount Comments Rancho Etiwanda 232 685 46% $5,962 $1,383,231 Existing D.A. for fair share Rancho Etiwanda Estates 240 632 47% $5,962 $1,430,929 632 lots exclude Park Eliwanda School Lots 12 30 2% $5,982 $71,546 30 lots Intex Commercial 225-101-34 5 15 1% $5,962 $29,811 IntexLots 225-i61-45 5 15 1% $5,962 $29,811 Kolo 225-161-66 5 20 1% $5,962 $29,811 Chun 225-161-65 5 20 1% $5,962 $29,811 Chang 225-161-13 4 16 1% $5,962 }23,849 Total 508 1433 100% $3,028,800 (1) Based on an acreage basis Exhibit F-4 Ordinance No. 666 Page 42 of 49 '~'ansportation Impact Fee Analysis - City of Rancho Cucamonga .Y CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 4115/2000 DATE PRINTED: 6/1/2001 ESTIMATED BY: Allard Engineering FACILITY 1 ETIWANDA Avenue - 25th street to LAOW~ 1320 LF $240.00 $316,800.00 2 DAY CREEK BLVD - Rt.30 to Wilson 4300 LF- $240.00 $1,032,000.00 3 DAY CREEK BLVD - Wilson to North P.L of UCP 800 LF $225.00 $180,000,00 5 WILSON AVE. - East of Day Creek 1400 LF $240.00 $336,000.00 6 WILSON AVE. - West of Day Creek 1050 LF $220.00 $231,000.00 7 BANYAN AVENUE - Day Creek to Rochester 1320 LF $155.00 $204,600.00 8 BANYAN AVENUE - Day Creek to Hanley 1380 LF $180.00 $248,400.00 9 Traffic Signals 3 EA $160,000.00 $480,000,00 TOTAL ROADWAY IMPROVEMENTS $3,028,800.00 Exhibit F-5 Ordinance No. 666 Page 43 of 49 Transportation Impact Fee Analysis - City of RanCho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 5/11/2001 DATE PRINTED: 6/1/2001 ESTIMATED BY: Allard Engineering MAJOR ROAD ETI~NANDA Avenue - 25th street to LADWP Corridor Excavation 2.2 CY $1.60 $3.52 Fine Grade 78.0 SF $0.20 $15.60 5' AC over 12" AB 60,0 SF $1.50 $90.00 1 · AC Cap 60,0 SF $0.40 $24.00 8" Curb &Gutter 2,0 LF $7.50 $15.00 8" Curb Only 2,0 LF $6.00 $12.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Median Landscaping SF $3.00 $0.00 Signing & Striping 4,0 LF $0.50 $2.00 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total $171,12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51.34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 DAY CREEK BLVD - Rt.30 to Wilson & WILSON AVE. - East of Day Creek Excavation 2,2. CY 1.60 $3.52 Fine Grade 78.0 SF 10,20 $15.60 5" AC over 12" AB 60.0 SF ;1.50 $90,00 1 · AC Cap 60,0 SF ;0.40 $24.00 8" Curb & Gutter 2.0 LF ;7.50 $15.00 8" Curb Only 2,0 LF ;6.00 $12.00 4" P.C.C. Sidewalk SF ;1.50 $0.00 Parkway Landscaping SF ;2.50 $0.00 Median Landscaping SF ;3,00 $0,00 Signing & Striping 4,0 LF ;0.50 $2.00 Fog &Seal Coating 60.0 SF ;0.15 $9.00 Sub Total $171.12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51,34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 Exhibit F-6 Ordinance No. 666 Page 44 of 49 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 5/11/2001 DATE PRINTED: 6/1/2001 ESTIMATED BY: Allard Engineering I ,TEM I U.,T I PRICE AMOUNT DAY C~.-"F.K BOULEVARD - North of UCP through S.C.E, Excavation 1.3 CY $1.60 $2.08 Fine Grade 44.0 SF $0.20 $8.80 5" AC over 12" AB 40.0 SF $1.50 $60.00 I"AC Cap 40.0 8F $0.40 $16.00 8" Curb &Gutter 2.0 LF $7,50 $15.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing &Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 40.0 SF $0.15 $6.00 Sub Total Collector Util ity/Right of Way AJIowance (10%) $109.38 $10.94 Contingencies 30% $32.81 TOTAL $153.13 Estimated Cost Per Linear Foot "USE" DAY CREEK B LVD - North of Wilson $155.00 EXcavation 2.2 CY $1.60 $3.52 Fine Grade 78.0 SF $0.20 $15.60 5" AC over 12" AB 60.0 SF $1.50 $90.00 1 · AC Cap 60.0 SF $0.40 $24.00 ~· Curb &Gutter 2.0 LF $7.50 · $15.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing &Striping 4.0 LF $0.50 $2,00 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total Utility/Right of Way AjIowance (10%) $159.12 $15,91 Contingencies 30% $47.74 TOTAL $222.77 Estimated Cost Per Linear Foot "USE" $225.00 WILSON AVENUE - West of Day Creek Excavation 1,3 CY $1,60 $2.08 Fine Grade 60,0 SF $0,20 $12.00 5" AC over 12" AB 60.0 SF $1,50 $90,00 1" AC Cap 60_0 SF $0,40 $24.00 8" Curb &Gutter 2.0 LF $7.50 $15.00 4" P.C.C. Sidewalk SF $1.50 $0.0g Parkway Landscaping SF $2,50 $0.00 Signing & Striping 3,0 LF $0.50 $1.50 Fog &Seal Coating 60.0 SF ~0.15 $9.00 Sub Total Collector $153.58 Utility/Right of Way Allowance (10%) $15.36 Contingencies 30% $46.07 TOTAL $215.01 .~stimated Cost Per Linear Foot "USE" $220.00 Exhibit F-7 Ordinance No. 666 Page 45 of 49 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 5/I 1/2001 DATE PRINTED: 6/1/2001 ESTIMATED BY: AJlard Engjneedng I BANYAN AVENUE - Day Creek to Rochester and Excavation 1.3 CY $1.60 $2.08 Fine Grade 44.0 ' SF $0.20 $8.80 5" AC over 12" AB 40.0 SF $1.50 $60.00 1 · AC Cap 40.0 SF $0.40 $16.00 8" Curb &Gutter 2.0 LF $7.50 $15.00 4" P,C.C. Sidewalk SF $1.50 $0,00 Parkway Landscaping SF $2.50 $0.00 Signing &Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 40.0 SF $0.15 $6,00 Sub Total Collector $109.38 Utility/Right of Way AJIowance (10%) $10.94 Contingencies 30% $32.81 TOTAL $153.13 Estimated Cost Per Linear Foot "USE" $155.00 BANYAN AVENUE - Day Creek to Hanley Excavation 1.3 CY $1.60 $2.08 Fine Grade 50,0 SF $0.20 $10.00 5" AC over 12" AB 48.0 SF $1.50 $72.00 1" AC Cap 48.0 SF $0.40 $19,20 8" Curb &Gutter 2.0 LF $7.50 $15.00 4' P.C,C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing &Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 48.0 SF $0.15 $7.20 Sub Total Collector $126.98 Utility/Right of Way Allowance (10%) $12.70 Contingencies 30% $38,09 TOTAL $177.77 Estimated Cast Per Linear Foot "USE" $180.00 Exhibit F-8 TranspG. ,ation Reimbursement Fee Analysis - City of.~,ancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 5/I 1/2001 DATE PRINTED: 6/7/2001 ESTIMATED BY: Allard Engineering Rancho Etiwanda Estates Fair Share Contribution $1,430,929 (From UCP Inc. Development Agreement) Rancho Etiwanda Estates Construction Etiwanda Avenue ($316,800) Sub-Total Fair Share Contribution $1,114,129 Reimbursement Payments Total Fair Share Contributiont $1,114,129 Total Units 632 Reimbursement Fee Per Unit ~;1~763 Per agreement with UCP, Inc. this is an estimated value. Fair share contribution shall be based upon actual construction cost. "uO -- ADDITIONAL TRANSPORTATION CONSTRUCTION Preliminary ' RANCHO ETIWANDA ESTATES ADDIllONAL REGIONAL TRANSPORTATION IMPROVEMENTS EXHIBIT F-IO ALLARD ENGINEERING Additi~n'al Regional Transportation Improvements - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda Estates DATE ESTIMATED: 5/11/2001 DATE PRINTED: 6/7/2001 ESTIMATED BY: Allard Engineering ESTIMATED UNIT UNIT ITEM QUANTITY MEASURE PRICE AMOUNT DAY CREEK BOULEVARD - North of UCP to Etiwanda Avenue Excavation 1.3 CY $1.60 $2.08 Fine Grade 44.0 SF $0.20 $8.80 5" AC over 12" AB 40.0 SF $1.50 $60.00 1" AC Cap 40.0 SF $0.40 $16.00 8" Curb &Gutter 2.0 LF $7.50 $15.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing &Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 40.0 SF $0.15 $6.00 Sub Total Collector $109.38 Utility/Right of Way Allowance (10%) $10.94 Contingencies 30% $32.81 TOTAL $153.13 Estimated Cost Per Linear Foot "USE" $155.00 Facility Construction DAY CREEK DLVD - North of UCP to Etiwanda Avenue 5880 LF $155 $911,400 O ,,D o 4~Z CoO O__~Co Exhibit F-11 ~ Co Ordinance No. 666 Page 49 of 49 MEANDERING W,I. FENCE * W.I, FENCE DAY CREEK BLVD./DETENTION BASIN SECTION RANCHO ETIWANDA ESTATE DAY CREEK BLVD./BASIN SECTION EXHIBIT G