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HomeMy WebLinkAbout730 - Ordinances ORDINANCE NO. 730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BET~NEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC, FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225-083-05, 06, 07 10, 22, 23, 25, AND 26 AND 0225-084-02. A. RECITALS. 1. California Government Code Section 65864 now provides, in pedinent pad, as follows: "The Legislature finds and declares that: a. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in the commitment to comprehensive planning, which would make maximum efficient utilization of resources at the least economic cost to the public; and 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 properly as provided in this article..." 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 of the land for the uses and to the density of intensity of development set forth in the Agreement..." Ordinance No. 730 Page 2 of 44 4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement DRC2003-00411, concerning that property generally located north of the SCE corridor between Etiwanda Avenue and East Avenue, and legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement Attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On June 9, 2004, 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. 04-80. 6. On July 21,2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Final Environmental Impact Repod (EIR) as certified by the City of Rancho Cucamonga as legally sufficient for the Traigh Pacific development project. SECTION 3: Based upon substantial evidence presented during the above- referenced public hearing on June 9, 2004, and the City Council's public hearing on July 21st, including written 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 DRC2003-00410, and Etiwanda Nodh Specific Plan Amendment DRC2003-00409 have been reviewed and approved by the City Council. Ordinance No. 730 Page 3 of 44 SECTION 4: It is Expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement DRC2003- 00411, attached hereto as Exhibit "A." SECTION 6: 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. Please see the following page for formal adoption, cergfication and signatures Ordinance No. 730 Page 4 of 44 PASSED, APPROVED, AND ADOPTED this 4th day of August 2004. AYES: Alexander, Gutierrez, Howdyshell, Williams NOES: None ABSENT: Kurth ABSTAINED: None .' William J. Ale/~/,a~h~er, May or A'I-rEST: De~ra J. Adams,~;k~/C, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby cedify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 21st day of July 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 4th day August of 2004. Executed this 5th day of August 2004, at Rancho Cucamonga, California. Debra J. Adams, ~lC, City Clerk Ordinance No. 730 Page 5 of 44 DEVELOPMENT AGREEMENT DRC2003-00411 DEVELOPMENT AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC PROPERTIES (dba TRACY DEVELOPMENT) CONCERNING THE PROPOSED TENTATIVE TRACT 14749 This Agreement (the "Development Agreement") is made and entered into this 21st day of July, 2004, by and between Traiqh Pacific Properties (dba Tracy Development) and Parkwest Landscape, California corporations; and San Bernardino Flood Control District, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code. Traiqh Pacific Properties, Parkwest Landscape, and San Bernardino Flood Control District., and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner". The CITY and Tra~qh Pacific Properties et. al. are collectively referred to herein as the "Parties". RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development Agreement. C. Property Owner owns fee title to approximately 168.8-acres of real property located entirely within the County of San Bemardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit '"B" attached hereto (the "Project Site"). D. On April 24, 2003 the City received an application for Tentative Tract Map (SUB'I-1'14749), a General Plan Amendment (DRC2003-00410), an Etiwanda North Specific Plan Amendment (DRC2003-00409), along with this Development Agreement (DRC2003-00411) and a request for Annexation (DRC2003-01051) of the Proposed Project. An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed project and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission. E. As set forth in Ordinance No. 730 adopted by the City Council on August 4, 2004 (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Development Agreement 1 Traigh Pacific Properties Ordinance No. 730 Page 6 of 44 Parties hereto: (i) is in the best interest of the CITY; (ii) will promote the public convenience, general welfare, and good land use practices in the CITY; (iii) will promote preservation of land values; (iv) will encourage the development of the Project by providing a level of cedainty to the Property Owner; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows: Section 1. GENERAL PROVISIONS A. Effectiveness of Development Aqreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become effective, and the rights and obligations of the Parties shall only adse, upon the date that the last of the following have occurred: 1. The project site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not subject to judicial challenge; and 2. The Project and the Final EIR have been approved by the CITY and all entitlements have been issued for completion by Property Owner. B. Term The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force majeure" circumstances described in Section 2.D.4 hereof or by mutual written consent of the Parties. Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from the project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses. C. Assi.qnment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in pad, to any person, partnership, joint venture, firm or corporation or other Development Agreement 2 Traigh Pacific Properties Ordinance No. 730 Page 7 of 44 entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3.C hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3.C hereof. In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Concurrently, with any such sale, transfer or assignment, or within ten business days thereafter, the Property Owner shall notify the CITY, in writing, of such sale, transfer or assignment and shall provide the CITY with an executed agreement, in a form reasonably acceptable to the CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of the Property Owner under this agreement. D. Amendment of A.qreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner. After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Development Agreement 3 Traigh Pacific Properties Ordinance No. 730 Page 8 of 44 Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has made a reasonable determination that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purpod to change land use designations applicable to the Project Site under the applicable Project Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Project Entitlements The Project Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits lA- 1C. Project Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00411) and the Tentative Tract Map (SUBTT14749): all plans that constitute the approved project, all Planning Commission and City Council Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Project Entitlements as approved by this Development Agreement. During the Term of this agreement, the permitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Project constitute the Entitlements as approved by this Development Agreement. The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved tract totals 269 lots, and that lots may be shifted between phased tracts without increasing the overall number of ~ots and be in substantial conformity with the Project Entitlements as approved by this Development Agreement. The CITY Planner shall exercise his reasonable discretion to review transfers of lots between tracts and make the determination of substantial compliance. Other certain specific modifications of the Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein. B. Rules and Requlations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, (1) the ordinance, rules and Development Agreement 4 Traigh Pacific Properties Ordinance No. 730 Page 9 of 44 regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and the design, improvement, and construction standards and specifications applicable to development of the Project and in effect as of the date of this Development Agreement, and (2) and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies in effect as of the date of this Development Agreement, but only to the extent that they are consistent with the Project Entitlements, as modified and/or amended by this Development Agreement (collectively the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement or if none are so specified, the CITY's Standards. In the event of any conflict between the Existing Laws and the other CITY ordinances, rules, regulations and official policies, then the Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: 1. Modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the construction or provisions of on- site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of extractions, other than as are in each case specifically provided for in this Development Agreement; 2. Prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owner would otherwise be entitled under this Development Agreement; 3. Render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Design and Infrastructure Issues 1. Gated Community The Proposed Project is approved as a private gated community, which shall include formation of a Homeowners Association. The Homeowners Association must be formed to assume responsibility and maintenance of the gates, common area streets, drainage facilities, interim detention basins, utility easements, streetlights, sidewalks, landscaping (including the north side of 'Lower Crest Collector') and walls throughout the project. The terms and conditions of the CC&Rs establishing the Homeowners Association shall be subject to City approval prior to recordation. 2. Homeowners Association and Private In-tract Slopes In-tract streetscape plans depicting slopes on the Homeowners Association and private slopes shall be reviewed and approved by CITY. Slopes of a ratio 2H:IV may be permitted up to 30-feet in height upon review and approval of the City Planner with retaining walls as approved by the City Planner. Proposed specific slope treatments, which shall be applied are depicted on Exhibit 2. Development Agreement 5 Traigh Pacific Properties Ordinance No. 730 Page 10 of 44 3. Dry Utilities The Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site. 4. Community Trail The Property Owner shall design and construct improvements to the CITY Community Trail network along the Etiwanda Creek levee, and parallel to the northerly extension of Etiwanda Avenue along the west project boundary, in accordance with CITY Standards. 5. Gradinq The Grading Plan, included in the Project Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across the site less than 8%, the Project is exempt from the CITY Hillside Development Regulations of the Development Code. 6. Street Sections The CITY desires that the design of East Avenue, Etiwanda Avenue and "Lower Crest Collector", be designed as depicted in the Etiwanda North Specific Plan Exhibit 13(D)/with community trail, and Exhibit 13(E), respectively. The following deviations from the standard CITY Engineering Division street standards or policies are acceptable as depicted on the approved plans included as part of the Project Entitlements: a. The straight sections on interior streets (Street W) may be greater than 800-feet due to the fact that the project is a private gated community, thereby limiting the project from traffic impacts form any other development through the project. b. All interior streets that have ddveway access to single-family residential lots may be designed with a 50-foot right-of-way utilizing a rolled curb; all other streets within the tract shall have a 60-foot right-of-way with a City standard 6-inch curb face. 7. Circulation Issues and Fees a. Transpodation Fee/Traffic Impact Analysis The Property Owner shall construct all circulation improvements necessary to serve the area in and around the Project Site, as generally depicted on Exhibits 3A - CA. In addition, the Property Owner shall comply with Transportation Development Fees In accordance with CITY ordinance. Upon formation of a Community Facilities District ("CFD") Property Owner may include the cost of the improvement specified in this Section 2.C.7.b as part of the CFD financing. The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the following "backbone" improvements as described herein, in Development Agreement 6 Traigh Pacific Properties Ordinance No. 730 Page 11 of 44 conformance with City Policy: East Avenue, Lower Crest Collector and middle 38 feet of Etiwanda Avenue (full width across Southern California Edison corridor) b. Other Circulation Improvements The Property Owner shall design and construct the following improvements: (i) Etiwanda Avenue: Improve as a Secondary Arterial from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 4A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. Property Owner may request reimbursement agreement to recover the cost for non-backbone improvements west of the centerline from future development as it occurs on adjacent properties in the City limits. If the Property Owner fails to submit for said reimbursement agreement within 6-months of the public improvements being accepted by the City, all rights of the Property Owner to reimbursement shall terminate. (ii) East Avenue: Construct Collector Street improvements from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 3A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. (iii) Lower Crest Collector: Construct Collector Street improvements along the entire length of the Project Site, as depicted in Exhibit 6A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. 8. Storm Drains The Property Owner shall design and construct the following improvements based on the criteria in the Etiwanda/San Sevaine Drainage Policy: a. F:tiwanda/San Sevaine Area 3 Master Plan Storm Drain (i) The Property Owner shall provide adequate easements and construct local and Master Plan System 3 drainage facilities extending from the Project Site to the Etiwanda Regional Spreading Grounds. System 3 includes the projection of the existing open channel on the north boundary of Tentative Tract 14139, east of East Avenue to the Etiwanda Spreading Grounds. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) The Property Owner shall participate in construction of Interim Master Plan Basin No. 2 and either the Etiwanda/Summit or the Etiwanda/Arrow Interim Regional Basin, to the satisfaction of the San Bernardino County Flood Control District. Development Agreement 7 Traigh Pacific Properties Ordinance No. 730 Page 12 of 44 b. Etiwanda/San Sevaine Area 2 Master Plan Storm Drain (i) The channel along the north tract boundary constitutes a portion of the Master Plan System 2, which is required to protect the site from upstream flows. The channel shall be designed to be extended westerly along the Rancho Etiwanda Estates project. The Property Owner may also be required to install interim Master Plan Basin No. 1, within the Project Site, to the satisfaction of the San Bemardino County Flood Control District. All flood protection improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer, including a Letter of Map Revision (LOMR) issued by FEMA. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) Property owner shall construct Interim Master Plan Basin No. 1 if so directed by the San Bemardino County Flood Control District. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. c. Local Storm Drains The Property Owner shall construct local storm drains to convey development drainage to the Master Plan Storm Drain. Extend the local storm drain system as far on the Project Site as needed to contain Q25 within the tops of curbs, Q100 within rights-of-way and provide a 10-foot dry lane in Q10. The cost of the local storm drain system shall be borne by the Property Owner without Fee Credits. d. If interim basins are required by the San Bernardino County Flood Control District, easements shall be provided to the City for any lots containing said basins. Also, a maintenance agreement shall be executed guaranteeing private maintenance of the facilities, but providing the City with the right of access to maintain the facilities if pdvate maintenance is insufficient and allowing the City to assess those costs to the developer. The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. e. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted regional drainage fee, which is not subject to fee credit/reimbursement like the master plan drainage fee. 9. Development of Park Sites Property owner agrees to construct the Parks in substantial conformity with the depiction and description of Exhibits 7A, 7B, and 7C in conformance with all applicable standards and permit requirements. The Parks improvements shall be completed substantially complete by the one-hundredth (100~h) building permit issuance in the Project. The Property Owner will make a good faith effort to complete all actions necessary to secure and complete work necessary to include the off-site special event Development Agreement 8 Traigh Pacific Properties Ordinance No. 730 Page 13 of 44 parking area as depicted in Exhibit 7A. The City agrees to promptly process all applications and permits consistent with its usual and customary procedures. A portion of the required Equestrian Mitigation Fee shall be set aside as an endowment for capital replacement and maintenance purposes, in the event of private maintenance default by the tenant organization. The amount to be set aside shall be based on studies by the developer, subject to approval of the City Planner and City Engineer. The endowment shall be paid to the City prior to the issuance of building permits for the facility. 10. Park Fee/Equestrian Mitiqation Fee/Beautification Fee The Property Owner shall pay the following fees: a. Property Owner will pay CITY a sum totaling $269,000 (based upon $1,000 per unit) for equestrian purposes; however, the Property Owner shall receive Equestrian Mitigation Fee credit for development of the North Etiwanda Equestrian Center on Lot E as depicted on Exhibit 7A, which Equestrian Center development costs will be limited to the total amount of Equestrian Mitigation Fees paid by Tentative Tract 14749 and other contributing project. The current estimate of available Equestrian Mitigation Fees is $1.54 million. In addition, the Property Owner may request a reimbursement agreement from the City, for costs incurred in the development of the Equestrian Center that are over and above the obligation as noted above. The credit will be based on the actual cost of the improvements toward payment of the standard CITY Equestrian Mitigation Fee and the CITY Park Fee listed below in Section 10 b. Reimbursement in excess of the CITY Equestrian Mitigation Fee reimbursement shall be in the form of Park Fee credits toward the payment of the City Park Fee listed below in Section 10 b. The North Etiwanda Equestrian Center shall be constructed with phase 1 of project development. b. The Property Owner shall pay the CITY a sum totaling $1,775,400 for park purposes (based upon a value of $6,600 per unit); however, the Property Owner shall receive Park Credit for the improvements to the North Etiwanda Preserve Trailhead on Lot F as depicted on Exhibit 7C, and for the excess development cost of the Equestrian Center pursuant to Section 10 a. above. The credit will be based on the actual cost of the improvements toward payment of the standard CiTY Park Fee. The North Etiwanda Preserve Trailhead shall be constructed with phase 1 of project development. c. In exchange for construction of landscaping ~mprovements along the south side of Lower Crest Collector, the Property Owners shall not be required to pay CITY Beautification Fees for future residential construction. 11. Development Standards The project shall be developed in accordance with the following Development Standards. The Development Standards set the minimum requirements, however, the intent of the Project is to develop the project consistent with the goals of the CITY's Low-Density Residential District of the Etiwanda North Specific Plan. a. Lot Area: 8,400 SF minimum b. Lot Width: 60-feet minimum as measured at building setback line. Development Agreement 9 Traigh Pacific Properties Ordinance No. 730 Page 14 of 44 d. Lot Coveraqe: 40% maximum of lot area for building structures. Paving driveways patios or pools shall not be calculated as part of building coverage. e. Building Setbacks (i) Front Yard: Should be staggered with a minimum of 18- feet and an average of 20 feet throughout the tract as measured at the right-of-way line. (ii) Side Yard: 15-feet building separation is required with a minimum of 5-feet and 10-feet side yards measured form the property line. (iii) Rear Yard: 15-feet minimum useable (iv) Garaqe Placement: Where garages are entered from the local street and the garage doors do not face the street (side-entry garages) the setback shall be 10-feet minimum from the back of the sidewalk. (v) Buildinq Height: 35~feet maximum f. Number of Housing Units: The project entitlements include 269 housing units. 12. Desiqn Review Process The Project, and all subsequent applications for residential development, shall be subject to the CITY Development/Design Review process. 13. Architectural Guidelines The Project, and all subsequent applications for residential development, shall be subject to the Architectural Guidelines of the Etiwanda North Specific Plan. 14. Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 other qualified conservation entity approved by the City, in fee, a minimum of 164-acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be determined by County of San Bernardino Special Districts (or other conservation entity), to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the CITY Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. D. Timinq of Development and Fees 1. Development of the Perimeter Landscapinq and the Etiwanda North Specific Plan Neighborhood Monumentation All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation, fencing, signage, and landscaping as depicted in the Etiwanda North Development Agreement 10 Traigh Pacific Properties Ordinance No. 730 Page 15of44 Specific Plan Exhibit 25A-C, shall be completed prior to the release of occupancy of the 100th dwelling within the project. In addition, improvements to East Avenue, Etiwanda Avenue and Lower Crest Collector shall conform to the Upper Etiwanda Neighborhood Landscape theme as illustrated in the Etiwanda North Specific Plan Exhibit 21 (Landscape Street Sections B-l, M-l, and B-2, respectively). The landscape improvements shall be annexed to LMD No. 7, or other district as approved by the City Engineer. 2. Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the project shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors. The parties acknowledge and agree that Property Owner, subject to the restrictions and conditions in the Development Agreement, retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business judgment. The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgment of subsequent owners of the Project Site. 3. CITY's Cooperation CITY shall use good faith efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Project. Such cooperation shall include, without limitation, (a) using good faith efforts to process subsequent Development/Design Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Section 2.1 below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof, shall be deemed to conflict with Property Owner's vested rights to develop the Project under this Development Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, the criteria used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified herein. 4. Force Majeure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, Development Agreement 11 Traigh Pacific Properties Ordinance No. 730 Page 16 of 44 earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as applicable. The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and DevelopmentJDesign Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law. F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Project Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2.E above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEOA, the adverse environmental impacts of such future entitlements, which were not considered at the time of approval of the Project. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owner (collectively "fees") fall within one of three categories: (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for Development Agreement 12 Traigh Pacific Properties Ordinance No. 730 Page 17of44 purposes of defraying ali or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: 1. Processinq Fees. The CITY may charge Planning and Engineering Plan Check and Permit Fees and Building Permit Fees, which am in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement, or a construction permit. The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout the jurisdictional limits of the CITY. 2. Other Fees. In consideration of the Property Owner's Agreement to modify the Project Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Project during the term of this Development Agreement, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the project in accordance with 2.G above. 3. Fiscal Impact Analysis. CITY does not require Property Owner or the Project to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement. H. Non. discretionary Permits The Parties acknowledge that in the course of implementing the Project, Property Owner will, from time to time, apply to the CITY for vadous ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY's jurisdiction (collectively the "Non-Discretionary Permits"). Property Owner shall have the dght to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2.B, above). The CITY shall issue to Property Owner, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non-Discretionary Permits (subject to the provisions of Section H above) and the terms and conditions of the applicable permit application. The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Project which are consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. Development Agreement 13 Traigh Pacific Properties Ordinance No. 730 Page 18 of 44 I. Cooperation 1. Cooperation with Other Public A,qencies. The CITY acknowledges that the Property Owner may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Project, in conjunction with the development of or provision of services to the Project, including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including without limitation, the Cucamonga Valley Water District, the Inland Empire Utilities Agency, the San Bemardino County Flood Control District and Southern California Edison), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Construction of Off-Site Improvements. To the extent that Property Owner is required to construct any off-sita street improvements as a condition of developing the Project, the Property Owner shall make good faith efforts to acquire any off-site property interests necessary to construct the required public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Govemment Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests required for the public improvements. Such agreement shall provide for payment by Property Owner of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Secudty for a portion of those costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at Property Owner's cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements. Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for construction and related costs incurred in providing such improvements to the extent legally permissible. 3. Public Financinq. The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park, Beautification, Equestrian and School Fees, and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the Development Agreement 14 Traigh Pacific Properties Ordinance No. 730 Page 19 of 44 CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the payment of public infrastructure fees and the construction of the public infrastructure improvements. The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, .certificates of participation, or other debt securities necessary to implement such plan. J. Creation of the Landscape and Street Liqhtin,q Maintenance District The CITY agrees to promptly form the necessary Landscape Maintenance District (LMD) pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Project development to encompass the Project Site as well as the area being annexed by the CITY. The Properly Owner shall pay for the formation of the LMD. The Parties agree that the LMD must be established no later than recordation of the First final tract map and that the CITY may create an LMD, which allows annexation of other areas. In addition, if outside agencies, upon their review and approval of various components of the project, impose any non- standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance districts upon the proposed development. Upon acceptance of improvements, the CITY (throughout the LMD) shall assume full responsibility for the maintenance, repair and replacement of the improvements to be maintained by the LMD pursuant to the LMDs governing documents. The Parties also acknowledge thai assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 2006, the City may request, and the Properly Owner agrees to provide, reasonable cash deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following June, reimburse Properly Owner for any such cash advances to fund the LMD. Property Owner shall annex to the existing Street Lighting District for arterial streets citywide (SLD1). Streetlights on local streets shall be privately maintained. Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Project Site. In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply. Development Agreement 15 Traigh Pacific Properties Ordinance No. 730 Page 20 of 44 B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon wdtten request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the CITY, the DevelopmentAgreement remains in effect and Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance. Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. Findin.q of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other, information concerning Property Owner's compliance with the terms of this Development Agreement as the CiTY may possess and which is relevant to determining Property Owner's performance under this Development Agreement. The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner. Within 10 days after the expiration of such 20-day response pedod, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the time necessary to bdng Property Owner's performance into good faith compliance. D. Right to Appeal Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY Development Code. At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after considering all the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence the Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. Development Agreement 16 Traigh Pacific Properties Ordinance No. 730 Page 21 of 44 E. Property Owner's Cure RiRhts If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement 0or to otherwise amend or limit Property Owner's rights.under this Development Agreement. In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by force majeure circumstances described in Section 2.D.4 above. Section 4. ENFORCEMENT A. Enforcement by Either Party Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties to this Agreement. B. Cumulative Remedies In addition to any other dghts or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not excl!Jsive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either of the Parties in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Development Agreement 17 Traigh Pacific Properties Ordinance No. 730 Page 22 of 44 Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assi.qns Subject to the provisions of Section lC above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns. Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Proiect as a Private Undertakin.q It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. Mortqa.qe Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Project or any portion of the Project or any improvements on the Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Project or any improvements thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value. 3. Mortqa.qee Not Obliqated. Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise Development Agreement 18 Traigh Pacific Properties Ordinance No. 730 Page 23 of 44 transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CiTY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Project or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mortqaqee: Ri.qht of Mortqaqee to Cure. If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure pedod given to Property Owner with respect to such Default, to cure such default; provided, however, that if any such Default cannot, ~vith diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day ~)eriod, and thereafter diligently pursues and completes such remedy or cure. ~lotwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3.E above. 5. Bankruptcy. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by any reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition. Development Agreement 19 Traigh Pacific Properties Ordinance No. 730 Page 24 of 44 6. Amendment to Development Aqreement. The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Modgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Project Entitlements and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire ARreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subject matter of this Development Agreement. G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governin.q 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. Recordin,q The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bemardino no later than ten (10) days following the effective date of this Development Agreement. Development Agreement 20 Traigh Pacific Properties Ordinance No. 730 Page 25 of 44 J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement. K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by all of the Parties. 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 of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M, Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current addresses are as follows: To CITY: Mr. Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 With Copies to: Mr. James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 Development Agreement 21 Traigh Pacific Properties Ordinance No. 730 Page 26 of 44 To Property Owner: Mr. Tom Tracy Traigh Pacific/Parkwest Landscape Cio Tracy Development Company 26862 Paseo Cardero San Juan Capistrano CA 92675 Either Party may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above. N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Project Entitlements or both. IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA TRAIGH PACIFIC PROPERTIES Dba TRACY DEVELOPMENT By: By: Mayor NAME/TITLE A'I-rESTED TO: PARKVVEST LANDSCAPE By: City Clerk NAME/TITLE APPROVED AS TO FORM: City Attorney Attorney for Traigh Pacific Properties (et.al.) Development Agreement 22 Traigh Pacific Properties Ordinance No. 730 Page 27 of 44 CiTY OF RANCHO CUCAMONGA JUN 0 3 28O4 RECEIVED - PLANNING Exhibit "A" Annexation to the City of Rancho Cucamonga LAFCO No. That parcel of land in an unincorporated area of Rancho Cucamonga, being all of the NW Quarter, and the West Half of the Northeast Quarter of Section 21, Townshipl North, Range 6 West, San Bemardino Meridian, in the County of San Bernardino, State of California, more particularly describes as follows: BEGINNING at a northeast comer of the existing boundary of the City of Rancho Cucamonga, as established on "LAFCO No. 2879", said point also being the Northwest Comer of said Section 21; Thence leaving said existing city boundary line and continuing easterly along the northerly line of said Section 21 the following courses: 1. North 89°14'16" East, 1325.26 feet; 2. North89° 14'56"East, 1325.25 feet; 3. North89° 14'48"West, 1324.89 feet to the northeast coener ofthe West Halfof the Northeast Quarter of said Section 21; 4. Thence southerly along the east line of said west half, South 00° 00'55" West, 2641.71 feet to the Southeast comer of said west half; Thence continuing westerly along the southerly line of the North Half of said Section 21 the following courses: 5. South 89° 16'39" West, 1324.88 feet; 6. South 89° 17'08" West, 1325.19 feet; 7. South 89° 14' 13" West, 1324.98 feet to a point on the west line of said Section 21, being also a point on the existing boundary of the City of Rancho Cucamonga as established by said LAFCO No. 2879; 8. Thence continuing northerly along the existing city boundary line and said section line, North 00° 00'30" East, 2640.16 feet to the POINT OF BEGINNING. Page 1 of 2 Ordinance No. 730 Page 28 of 44 This proposed annexation contains 240.97 acres, more or less. This legal description was prepared by me or under my direction. By:_ Robert D. Vasquez, L.S. 7300 Date Deputy County Surveyor IROb No. repared by DV Page 2 of 2 EXHIBIT 'B' NW 1/4, AND W 1/2, NE 1/4 OF SECTION 21 T 1 N, R 6 W, S.B.M. 240.9? ACRES, MORE OR LESS. ~ ~ ,~ ~sE: ~, .~. CDR . ,/~. AFFECTED AGENCIES SAN BERNARDINO COUNTY SURVEYOR' '~ov" J~..~.r'~'~ I ANNEXATION TO THE CITY OANI£L C. MOYE OF RANCHO CUCAMONGA ~o~ ~o ~FCO NO. 0 · .?:...':: ~.~ ---~*~ CONCEPT~ G~G PLAN ~ ~' ~ t~,., ~-- TENTATIVE T~CT NO. 14749 iii .... e-- o. Conceptual Landleape Plan Tentative Trod No, 14749 Ci~ of Rancho Cuc,monga, ~ Traigh Pacific SLOPE TREES: PROPERTY LINE oNRANDoMSEE DETAILsLoPEMASSES ~¥ ~'~1~ WALL/VIEWFENCE ~ ,. · , ~ LOW SHRUBS IRREGULAR VISUAL PLANE -. ALONG SLOPE WITH ~/1%~. VARYING GROWTH HABITS 0 TYPICAL SLOPE PLANTING SECTION ~o o~ NOT TO SCALE .~. c~ PARK '~ '~ LOT 'Z' ~ (REMAINDER PARCEL _'~ [~ / ~w~ Construct I;a~t Ave. offtract to 23rd ~;treel~ or tn connect to a street section of at least that whi(;h is shown on Exhibit 31]. whichever occurs first. O ;ET ~ o coz "~o o ' 66' ~/w 1V I .22' ! 22' 7'RAIL E SIvf T. F U TUR £ 17' 17' I FUTURE ~ ' EXIST, GR~ ~. GR~D, EAST AVENUE o coZ 57 LOT 'F' ,,~,~ ,~ PARK [] Construct Et~anda Ave. per coz 0 3~ ~.30~ 29 LOT 'E' 39 PARK Construct East Ave. per ~ '~ LOT 'Z' D~R PARCEL) '~ j S. B, C.F.C.D. 0 ~ 0 · Exhibit SA m R/W R/W 12' 11' 22' _ ~_, 22' 11' - TRAIL ESMT. EXIST, GRND. ~ EXIST. GRND. EAST AVENUE LOWER CREST COLLECTOR FROM E'T~WANDA AVE, TO 900':t: E'LY $'LY PL R/W VARIES (66' MIN.) VARIES I 22' d 22' ) 11' S,C.E, CORRIDOR LOWER CREST COLLECTOR FROM 900'+ E'LY OF EllWANDA AVE TO EAST AVE. .~.o Development Agreement DRC2003~00411 Ordinance No. 730 Equestrian Center Design Amenities Page 43 of 44 General Description: The Equestrian Facility as proposed would consist of a large enclosed arena (100 feet by 250 feet).. Two covered round pens would be located one on each end for exercising animals and teaching some lessons. Bleacher seats for up to 50 persons woulcl be needed for spectators. There would be 10 -12 barn stalls to house Program horses. Special Event parking (up to 12 such events per year) would include 20 Trailer and 50 passenger car spaces to be located on a graded but unimproved area on adjacent to the south SBCFCD (fee owned)/SCE (easement) Utility Corridor Area. Other items would include snack bar, office, community meeting room, and care taker apartment within the main Barn Structure. The Arena would be used for ridem, shows, clinics and seminars. This area would be equipped with lights and bells for the disabled. A hydraulic lift would be available for those in wheel chairs or others in need of assistance with mounting and dismounting. The living quarters would be used as a Care Taker residence for someone (possibly a student needing experience or an internship) to care for the animals and property. The following detail list constitutes the desired and not final amenities and will be modified based upon budget considerations during the design phase: 1. Indoor and outdoor dust control 2. Indoor Fly control system 3. Concrete floors on indoor barn and aisle with rubber mats/eqati]e 4. Indoor Barn Stalls equipped with Dutch type doors 5. Ventilation - Cooling/Heating System for Barn complex (meets applicable UBC) 6. Automatic Fire and Burglar Alarm System 7. Closed circuit (B&W) TV monitoring system 8. Lighting both inside and out (outside area minimum 1 candle foot security requirement of the City) 9. 270 V electrical connection for ceramic kiln for Art Therapy Program 10. Data and Cable TV wired to Office and Care Taker Unit. 11. Telephones in Barn Aisle, Office and Care Taker Unit. 12. Out door drop off area and vehicle circulation for both disabled and Horse Trailers 13. On site Staff and Visitor Parking - 6 Spaces. 14. Automatic Waters both inside and outside for each stall and 1 in the center aisle with individual and independent shut off 15. Manure container enclosure with weekly pick up. 16. Signage 17. Inside and outside PA system 18. 2 Round Pens with covers 19. Vehicle security gates for driveway conneciions. 20. 12 outdoor horse stalls with covers and enclosures on three sides for visitors. 21. Limited (250 Sq. ff. max.) accent landscaped and irrigated planter at building entrance. 22. Perimeter landscaping shall be included within street and trail right of way and maintained by the LMD, 23. Arena Footing will consist of a minimum 6" gravel base, 4" arena Sand, and 2" of pine shavings or material may be considered during the design phase Exhibit 7 B J LOT'F' PARKING R~CAP: LOT 'F' TRAIL HEAD PARKING Prglmlnary Equestrian Center MJSDesign Group ~ and Trallhead ParkingLot Sight Fla. Landscape Architecture + Planning + Design EXItIBIT 7G