Loading...
HomeMy WebLinkAbout1984/05/24 - Agenda Packet - Adj.G�`CAMO f v; C]TY OF RAIVCM QX.AMCIN .A _ r F $ Z 1 l J IlUL O AGENTA U 1977 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California Adjourned Meeting - May 24, 1984 1. CALL TO ORDER A. Roll Call: Wright Buquet Mikels _ Dahl and King B. Approval of Minutes: None submitted. 2. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. A. Approval to Advertise for Bids for the Annual Street Striping and Pavement Marking Services Contract. 3. STAFF REPORTS A. CONSIDERATION OF PROPOSED CENTRAL PARK LAND PURCHASE AGREEMENT B. CONSIDERATION OF RECOMMENDED TERRA VISTA PARR IMPLEMENTATION PLAN C. CONSIDERATION, BY ORDINANCE, OF THE TERRA VISTA PARR DEVELOPMENT AGREEMENT BETWEEN LEWIS HOMES AND THE CITY OF RANCHO CUCAMONGA City Council Agenda -2- May 24, 2984 ORDINANCE NO. 227 (1st reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A- DEVELOPMENT AGREEMENT ENTITLED "TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1" BETWEEN THE CITY OF RANCHO CUCAMONGA ON THE ONE HAND AND LEWIS CONSTRUCTION COMPANY, INC., WESTERN PROPERTIES, LEWIS HOMES OF CALIFORNIA AND LEWIS DEVELOPMENT COMPANY ON THE OTHER HAND D. APPROVAL OF MAPS AND RELATED IMPROVEMENT BONDS FOR TRACTS: 12316, 12316 -1, 12317, 12317 -1, 12364, 12364 -1, 12402 RESOLUTION NO. 84 -145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12316, 12316 -1, 12317, 12317 -1, 12364 AND 12364-1 RESOLUTION NO. 84 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12402 E. SET PUBLIC HEARING DATE OF JUNE 20, 1984, TO FORM LANDSCAPE MAINTENANCE DISTRICT_ FOR PORTIONS OF THE TERRA VISTA PLANNED COMMUNITY RESOLUTION NO. 84 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 RESOLUTION NO. 84 -148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) City Council Agenda -3- May 24, 2984 RESOLUTION NO. 84 -149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 F. SET PUBLIC HEARING DATE OF JUNE 20, 1984, TO FORM LIGHTING MAINTENANCE DISTRICT FOR PORTIONS OF THE TERRA VISTA PLANNED COMMUNITY RESOLUTION NO. 84 -150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORHATIOON OF STREET LIGHTING MAINTENANCE DISTRICT NO. 4, (TERRA VISTA PLANNED COMMUNITY) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 RESOLUTION NO. 84 -151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) RESOLUTION NO. 84 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 G. CONSIDERATION OF THE TERRA VISTA MASTER PLAN OF DRAINAGE RESOLUTION NO. 84 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MASTER PLAN OF DRAINAGE FACILITIES FOR THE TERRA VISTA PLANNED COMMUNITY City Council Agenda -4- May 24, 2984 N. CONSIDERATION OF SERVICES PROVIDED BY CITY 4. ADJOURNMENT CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 24, 1984 IV,7 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: Request Authorization to Advertise for Bids for the Annual Street Striping and Pavement Marking Services Contract For the past several years, street striping and pavement marking services have been completed by contract services. The present arrangements have been satisfactory and its still appears the only feasible way to accomplish street striping and pavement markings is to continue using contract services. The present street striping contract with Pacific Striping Company terminates on June 30, 1984. RECOMMENDATION It is recommended that City Council approve advertising for bids for the Annual Street Striping and Pavement Markings Services Contract. i ectf ully submi teJ as MEMORANDUM Date: May 20, 1984 To: City Council and City Manager From: Bill Holley, Director, Community Service% Department subject: Agenda Item May 24, 1984: Central Park Land Purchase and Gift Agreement Background P8 p � A 1977 On February 16, 1983, Ordinance No. 190 was adapted by the Rancho Cucamonga City Council, approving the Terra Vista Specific Plan. within Ordinance 190 and its related exhibits, was reference to the General Plan designation for 'Central Park'. The approval of the plan set in motion 'a clock' of 24 months in which, by mutual agreement, an acquisition plan for Central Park must be reached. If during that time period, agreement is not reached, a different land use for the site, that is, residential development, would be automatically fixed in place by default. There are 9 months currently remaining on that 24 month 'clock'. Since February 16, we have engaged in numerous discussions with the Lewis Development Company on the acquisition of Central Park. An a result, Lewis has offered to make a gift to the City by selling the site at a low price. The Issue: Central Park The Central Park Purchase Agreement is, by necessity, a complex document of some length. The essence, however, is simple. • The City will-buy from Lewis, a total of 103.47 grass acres in ten Increments of approximately 10 acres per year over the next 10 years. • The city will buy the land, appraised at $76,350 per acre, for a price of $50,000 per acre, which shall remain a constant price for the duration of the agreement. o The first payment in to he made on August 1, 1985, and each August first thereafter until all obligations are satisfied. Prepayment by the City, without penalty, is at the City's option. o The interest rate will be act at a constant 12%, which will compound annually, To better facilitate the payment cash flow of the City, and to take into account increasing ability to pay as future growth occurs, interest will remain with each parcel until it is 'taken down', In example, parcel one will have a payment of principle with ten months accumulated interest in order to release the deed to the City. Parcel two will have principle plus one year and ten months interest. parcel three, Principle p`,.s two years and ten months interest, etc., through the last payment. A precise payment achedula is attached. continued . i age 2 memo 5/20/84 re: Terra Vista Other points of the Purchase Agreement are: o The naming of the park in to be done by the City, within the park, in recognition of the sizable contribution by the current owner, will be a section to be known as the 'Ralph Lewis Sports Complex% e The terms of the agreement are such that the City will take full ownership of the land, along with all rights and responsibilities, at the close of escrow, October 1, 1984. This means even though the City will not have paid for all ten pieces, we could develop all ten parcels (funds permitting) any time after the close of escrow. o The agreement makes provisions that the City may develop commercial recreation sites within the parks i.e., ground lease a tennis club, pizza parlor, health club, etc. The balance of the agreement is the technical legal adornments necessary in making a proper contract. Staff Comment and Recommendation It has been the expressed direction of each seated City Council since incorporation that this Central Park site be acquired for the long range recreational betterment of the City. The Citizenn' Committee which developed the General Plan envisioned this as well and recommended inclusion of the Central Park Site on the General Plan to both the planning Commission and the City Council. That recommendation was accepted by both bodies and the results are to be seen today on all land use maps of Rancho Cucamonga. The Park Advisory Committee has consistently reiterated their belief that acquisition and ultimate development of this site will be instrumental In building the quality of community life through leisure and cultural opportunities presented most effectively in a setting such as this one. From the staff perspective, we agree with all of the foregoing and have pursued actively the Council's direction of 'make it work' for nearly six years. It is a lot of money we are speaking of ... 810,157,952, including principle and interest. It is also a dynamic opportunity to meet the need of the 140,000 plus people who will live in Rancho Cucamonga one day. A similar opportunity will not, in my opinion, occur again for our successors to take advantage of. continued ... page 3 memo 5/20/86 re: Terra Vista This is both the challenge and the responsibility of building a new City . creatively providing everything within our power for the community of today (Church Park, arrow park, Lions and Rancho Cucamonga Community Centers, P. ritage Park and Red Rill 13asin) and laying the proper foundation for those who will come after us ... future residents ... future generations. It is the staff recommendation to acquire the Central Park site as proposed in the attached agreement. Closing Comment Throughout this memorandum, I have attempted to feature only the key points and not become entangled in the *small details' of the document. Rest assured, however, that aside from this memorandum, they have not been treated in an inattentive manner. Bob Dougherty, Ted Hopson, Lauren Wasserman and myself have spent many collective hours in conference and negotiations with Lewis Homes on and over the 'small details'. We feel confident that the City's best interests are well served by this agreement. If you have any questions in this area, or wish fuller explanation of a particular detail, let ,.s know. V I CITY OF RANCHO CUCAMONGA MEMORANDUM Date: May 20, 1984 To: City Council and City Manager ��- From: Bill Holley, Director, Community Services Department Subject: Agenda Items May 24, 1984: Park Implementation Plan; Terra Vista Park Development Agreement; Related Items Background CA�CAa1Oh C9 c IA F U 1977 I On February 16, 1963, Ordinance No. 190 was adopted by the Rancho Cucamonga City Council, approving the Terra Vista Specific Plan. Within Ordinance 190 and its related exhibits, was established a condition that prior to "final approval" of the first Terra Vista tract maps, a park implementation plan must he approved by the City Council. The Issue: The Park Implementation Plan The Terra Vista Park Implementation Plan (PIP) has been thoroughly reviewed by the Park Advisory Committee and felt to be one which will provide a balance of recreational opportunities to the future residents of the Terra Vista Planned Community. The document, while not as long or technically complex as the preceding item, can be distilled to the following concepts: o The PIP provides for meeting the 55.8 acres of park dedication requirements (based on mid -range density projection) through Public and Private facilities. o The Public Facilities totaling, 47.60 acres, will consist of: • 38.00 developed acres of park divided between seven sites, each a minimum of 5.00 acres in size; • 5.12 developed acres of major greenway features, and • 4.48 developed acres of paseos and connector trails. o Private Facilities, totaling 8.2 acres, will be developed in accordance with the PIP which recognizes recommended City standards; and, o The PIP will not be affected by changes in State Law. In other Words, laws such as Senate Hill 2137, if adopted, will not strike the development obligation of the public parks by the developer. (This is further "locked in" through the Development Agreement which is the next 'Issue' for Council review.) The rest are technically supporting details discussing nuts and bolts of making the plan work. .w page 2 memo 5/20/84 re: Terra vista Park Advisory Committee Recommendation The Park Advisory Committee recommended approval of the PIP. Assuming Council adoption of a development agreement (the next item before you), all the recommendations Of the PAC will'have been satisfied. The Issue: The Development Agreement This is basically a 'contract'. legally enforceable, between Lewis Homes and the City of Rancho Cucamonga on two aspects of the Terra Vista Planned Community. Those two aspects are, in concept: • Lewis Homes will honor the commitments established in the Park Implementation Plan regardless of changes in State Law ... if • The City will abide by the densities as approved for Terra Vista on February 16, 1983, by the City Council, upon which the park plan is based. That is what the whole agreement works out to, again, surrounded by appropriate legal considerations. This item will be the subject of Planning Commission review on Wednesday, May 23, the evening before your review. The Commission's comments and recommendations will be brought to you on the 24th. The Issue: Related Items The related items are routine items which would normally fall on the consent calendar of a standard agenda. They all pertain to Engineering items: • Maps and Improvement Bonds • Landscape Maintenance District • Drainage plan while they are routine, without these items, Lewis Homes cannot build, therefore they are important. City Engineering is coordinating the activity on these items and I will not herein offer further comments to this issue. Closing Comment While this memorandum features onbly the key points. staff has reviewed these documents carefully and in detail. We feel confident that the City's best interests are as well protected as possible within these documents. If you have any questions in this area, or wish fuller explanation of a particular detail, let us know. Mr nV u n nrrun rtrr e nrnnrr_a STAFF REPORT zl i DATE: May 24, 1984 19" TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer By: Barbara Krall, Engineering Technician SUBJECT: Approval of Tract Nos. 12316, 12316 -1, 12317, 12317 -1, 12364, 12364 -1 and 12402, Bonds and Agreements submitted by Lewis Homes of California for the Terra Vista Planned Community The subject maps located within the Terra Vista Planned Community have been submitted by Lewis Homes of California for final approval. The tracts are as follows: Tract No. Tentative Approval No. of Lots TR 12316 May 25, 1983 36 TR 12316 -1 May 2S, 1983 37 TR 12317 May ZS, 1983 50 TR 12317 -1 May 25, 1983 50 TR 12364 June 22, 1983 45 TR 12364 -1 June 22, 1983 26 TR 12402 July 13, 1983 152 (units) Agreements and bonds have been submitted in the following amounts to guarantee off -site improvements. Tract No. Faithful Performance Labor & Material TR 12316 8101,000.00 8 50,500.00 TR 12316 -1 360,000.00 180,000.00 TR 12317 141,800.00 70,900.00 TR 12317 -1 184,000.00 92,000.00 TR 12364 142,900.00 71,450.00 TR 12364 -1 174,700.00 87,350,00 TR 12402 135,771.75 57,885,82 'f 0 -sc. LINE 17 r Nri12 s64 L M T1. 12316 TR. 12317. Wr TR 12317-1 Tr. iX318 TR 12jf, 70 L/ M, OP LM OP fry TERRA VISTA CITY OF RANCHO C:L:CGl,\ I ( "" title ENGINEERING L)I\,ISI N TR 12316 12316- 1 3 - 1 7,1 VICINITNI T 1�364,12364-1, page 12402 0 RESOLUTION NO. 05- 24 -02CR /- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12316, 12316 -1, 12317, 12317 -1, 12364 AND 12364 -1 WHEREAS, the Tentative Map of Tract Nos. 12316, 12316 -1, 12317, 12317 -1, 12364 and 12364 -1 consisting of 244 lots, submitted by Lewis Homes of California, Subdivider, located on the south side of Base Line Road, east of Haven Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto: and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 24th day of May, 1984. AYES: NOES: ABSENT: Jon 0. Mi a s, Mayor ATTEST: Beverly A. Authelet, y Clerk jaa RESOLUTION NO. 05=-M 01CR' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12402 WHEREAS, the Tentative Map of Tract No. 12402, consisting of 152 units on 5 lots, submitted by Lewis Homes of California, Subdivider, located south of Base Line Road between Deer Creek Channel and Milliken Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 24th day of May, 1484. AYES: NOES: ABSENT: Jon 0. Mi a s, Mayor ATTEST: Beverly A. Authelet,7 1ty er jaa C —�� FRANK LESIN BKY S,m,w.. G•..-I A...m CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL EARL E.RL •.� .. xn.. •. m.o ....vc•:c. c,... ,.o in _in ..an .n� .v' S R. ANDERSON ROBERT NEU FELD VICTOR A. CHERSAK, JR.. Pond.., BEVERLY E. BRADEN August 26, 1983 City of Rancho Cucamonga �O� Engineering Department Y P. O. Box 807 Rancho Cucamonga, California 91730 Gentlemen: Lewis Homes, Developer of Tracts No. 12316 and No. 12316 -1, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement. These bonds and agreements, previously filed with the County, are now being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District. If you have any questions concerning this matter, please contact the undersigned. Yours truly, CUCAMONGA COUNTY //��W/^��AATER ❑IS ICT James H. C /line, Jr. Assistant Civil Engineer JHC:bf Vi.r.111-1rrvt ROBERT NEUFELD 1. .. SrrnM•�. G..eN pia. CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL q,. EARLE R ANDERSON BEVERLY E BRADEN VICTOR A CHERSAK. JR- CHARLES A WEST `•Iay 21. 1984 Ct�'`.�+ City of Rancho Cucamonga Eng1neer2r.c Department P. 0. Sax 807 Rancho Cucam=4a, CA 91730 Gentlemen: Lewis Homes, Developer of Tracts 1o. 12364 and No. 12364-1, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement. These bonds and agreements, previously filed with the County, are now being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District, If you have any questions concerning this matter, please contact the undersigned. Yours truly, CUCAJIONGA COUNTY WATER DISTRICT Russel C. Silva Engineering Aide III RCS:min• CHAFFEY ANT UNION HIGH SCHOOL DISTRICT O fl 311 WE" FIFTH STREET. ONTAFEIO. C.LIFORNIA 11763 '3<' < ^Tl C<.N < Lu DS�N, ♦L<.x D <Milx fDUU TAD N.L F <,YK <F «x.f.�� .H CxF � „4....N„ WAADGFTR1 TIES E9ESIOENT �EF.LD x .OLS ,i,. C .•.T l • CLERK Cx.3.Lf3 / ux,LLE. • ., N Sff 3.... l.1C [..wL EEx IIILE• March 30, 1984, „ - _ �7 ., L - Letter of Certification AJ .., of School District Capacity Within the Chaf`_ev joint union. Hich School District and the Etiwanaa High School attendance boundaries for the of l>�-- owi`ng eescrinea project: Location /Description: Tract No. 12316 Terra Vista So. side of Baseline, East of Haven Rancho Cucamonga Number of Dwellings: 36 Anticipated Completion Date: September 1984 The school district herebv certifies that the capacity for 5 students will be provided within 24 months of the completion of the above project. This certification is liven on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase .Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. SEaoe gee.!-= nderrt /ysst. Superintencent by Dianne Allen Planning Division City of Rancho Cuca:ncnca Lewis Homes Box 670 Upland, CA 91786 Letter of Certification ..... of School District Capacity within the Chaffev Joint Union Hiah School District and the Etiwa nda High chop attendance boundaries for the oiiowir.g cescr-lbec project: Location /Description: Number of Dwellings: Tract No. 12317 Terra Vista East of Haven, South of Baseline Rancho Cucamonga 50 Anticipated Completion Date: September 1984 The school district hereby certifies that the capacity fcr 8 students will be provided within 24 months of the comp 1e ucn of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Net of 1476, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. Sviceca tea.. nt /Asst. Superin�erdent by Dianne Allen cc: ?lamina D:vtscoc � � City of Rancho Cucamcnca Lewis Homes Box 670 upland, CA 91786 DISTRICT ° "' °";°° CHAFFEY J61NT UNION HIGH SCHOOL flO Sll W(FT FIFTH STREET. ONTARIO. CALIFORNIA $1762 0 110 0� o(vy [ +n +••c �s • • xir r. (D VC•riD x•l i vet Ft [i Ftlll r•OMF t•E tf 11 . !D• °O Or i °u 3i[[3 ESi L!yr ,'.!••'.D n w0,[ . vifF .nl SiDF yT. F� °i C u•Atiry . C. fna wn HIES I u •a,Er . -e v5 iEE5 vnr 5•nn�D n•t u+Fiy aiy.E March 30, 1984 Letter of Certification ..... of School District Capacity within the Chaffev Joint Union Hiah School District and the Etiwa nda High chop attendance boundaries for the oiiowir.g cescr-lbec project: Location /Description: Number of Dwellings: Tract No. 12317 Terra Vista East of Haven, South of Baseline Rancho Cucamonga 50 Anticipated Completion Date: September 1984 The school district hereby certifies that the capacity fcr 8 students will be provided within 24 months of the comp 1e ucn of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Net of 1476, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. Sviceca tea.. nt /Asst. Superin�erdent by Dianne Allen cc: ?lamina D:vtscoc � � City of Rancho Cucamcnca Lewis Homes Box 670 upland, CA 91786 CHAFFEY J61NT UNION HIGH SCHOOL DISTRICT O11 VEST fIfTM STREET. ONTARIO, CALIFORNIA 91712 sn <n wrw s 00000, . u.. a s•nM roue nlox.l u.vrt« «Rn.� mare nano nn °.m a 1..0.,69 M.R°O, re NritS r.t S'Gtxr Gt..to ° .Ol. +iCF .le�OlxT e..I C 0I..lx . 11116 CM..IIS 1 .-16f+ . ..ae.Ete ... eA -'O ­:—Ell a vtt. March 30, 1984 1 . Letter of Certification -' Of School District Capacitv Within the Chaffev Joint Union High School District and the Etiwanda Hi h School attenaance boundaries for the rot owing cescrize project: Location /Description: Number of Dwellings: Tract No. 12364 Terra Vista SE corner of Spruce and Baseline Rancho Cucamonga 45 Anticipated Completion Date: September 1984 The school district hereby certifies that the capacity for 7 students will be provided within 24 months of the completion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. &tisei<2nfe!r13erti ASSt. Superintendent by ianne Allen cc: Planr.ina_ Division ` -'��- l City of Rancho Cicanonaa Lewis Homes Box 670 Upland, CA 91786 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT ........ O111 YFST FIFTH STNFFT, ONTFFI4, IAUFOIIVI4 91762 —Fn n. T 3,I I6 <. _ I ,.... ,,.F.9 „�._., I —, 1 . ,..<..._...,,F I —L -1 . I IlU5FIFFIF, RECEIVED _” May 18, 1984 MAT Ii 91984 Letter of Certification Upland, Calif. of School District Capacity Within the Chaffey Joint Union High School District attendance boundaries for the following described project: Location /Description: Tract No. 12402 Number of Dwellings: Spruce and Terra Vista Rancho Cucamonga, CA 152 adult apartments (80 two bedroom /72 one bedroom) Anticipated Completion Date: December 1984 The school district hereby certifies that the capacity for 23 students will be provided within 24 months of the compietionhe above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. cc: Planning Division City of Rancho Cucamonga Supe +%tenderR /Asst. Superintendent by Dianne Allen Doug Walker Lewis Homes Box 679 Upland, CA 91786 April 11, 1984 Date LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following described project: Developer LEWIS 110 ?!ES Location /Description Tract No. 12916 -1 ¢e r n,-,.r na «t; n" a "n n— r —L- Number of Dwelling Units thirty -seven (17) SINGLE FAMILY Anticipated Completion Date 11/1/8= Gentlemen: The Central School District hereby certifies that it will provide capacity for 22 2 students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. October 7. 1984 This letter of Certification for School District Capacity shall be nonassignable and all assignments are null and void. Approval of the issuance of building permits by the City of Rancho Cucamonga within the 130 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 BOARD OF TRUSTEES lawn.", W. Dullpn tamala 1• Wright Richard C. Aleunder lad M,Kdh y WE, A. MUS491 ADMINISTRATION Frank A. Costa, Jr,, Ed.D. Central School District SuM cCltndent John McCluy John re A53btlnl SOpbmltndMl, Vl6annfl 9457 Foothill Boulevard / Rancho Cucamonga, California / (714) 989 -8541 Thomas W. Cannella, Ed. D. 91 7)0 Aesiiwnl Sopermttndml Bunnen Services April 11, 1984 Date LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following described project: Developer LEWIS 110 ?!ES Location /Description Tract No. 12916 -1 ¢e r n,-,.r na «t; n" a "n n— r —L- Number of Dwelling Units thirty -seven (17) SINGLE FAMILY Anticipated Completion Date 11/1/8= Gentlemen: The Central School District hereby certifies that it will provide capacity for 22 2 students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. October 7. 1984 This letter of Certification for School District Capacity shall be nonassignable and all assignments are null and void. Approval of the issuance of building permits by the City of Rancho Cucamonga within the 130 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 BOARD OF TRUSTEES lawn.", W. Dullpn tamala 1• Wright Richard C. Aleunder lad M,Kdh y WE, A. MUS491 April 11, 1984 Date LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following described project: Developer I. Eh7S nrar.q Location /Description Tract No. 12317 -1 E /side Haven between Baseline and Church Number of Dwelling Units fif to f50) SISCLE FA`II LY Anticipated Completion Date November 1, 1984 Gentlemen: The Central School District hereby certifies that it will provide capacity for 30 students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commit-,ent of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. Ortoher 7 1QR4 This fetter of Certification for School District Capacity shall be non assignable and all assignments are null and void. Approval of the issuance o; building permits by the City of Rancho Cucamonga within the 180 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 BOARD Of TRUSTEES Lawrence W. Ocllon Pamela 1. Wright Richard C. Aluander, Wk Meh r , ADMINISTRATION Frank A. Cosca, Jr,; Ed.D. Central School District D1t1t.McClende °` John A. cClary 9457 foothill Boulevard /Rancho Cucamonga, California / (774) 989 -8547 Assislanl Superintendent, Personnel 97730 Thomas W. Cannella, Ed.D. _ Assatanl Superintendent Business Services April 11, 1984 Date LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following described project: Developer I. Eh7S nrar.q Location /Description Tract No. 12317 -1 E /side Haven between Baseline and Church Number of Dwelling Units fif to f50) SISCLE FA`II LY Anticipated Completion Date November 1, 1984 Gentlemen: The Central School District hereby certifies that it will provide capacity for 30 students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commit-,ent of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. Ortoher 7 1QR4 This fetter of Certification for School District Capacity shall be non assignable and all assignments are null and void. Approval of the issuance o; building permits by the City of Rancho Cucamonga within the 180 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 BOARD Of TRUSTEES Lawrence W. Ocllon Pamela 1. Wright Richard C. Aluander, Wk Meh r , April It It1R4 Date LETTER OF CERTIFICATION FOR SCii00L DISTRICT CAPACITY 'nithfn Central School District and Central School District attendance boundaries for the following described project: Developer LEWIS IIO)IES Location /Description Tract No. 12364 -1 Sr. corner Baselin (Spruce is midway between Haven and Milliken) Number of Dwelling Units twenty -six (26) SINGLE FAMILY Anticipated Completion Date November 1. 1984 Gentlemen: The Central School District hereby certifies that it will provide capacity for S.a, students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. October 7, 1984 This letter of Certification for School District Capacity shall be nonassignable and all assignments are null and void. Approval of the issuance of building permits by the City of Rancho Cucamonga within the 190 day period shall validate such commitment to this developer, Sincerely, 7�K( � Frank A. Cosca, Jr. Superintendent 3/84 ROARO OF TRUSTUS Lawrence W Oellon pmala I. Wright Richard C. Alexander lack McKelvey ADMINISTRATION Frank A. Costa, Jr.; Ed.D. Central School District ent John A.vMeClary 9457 Foothill Boulevard / Rancho Cucamonga, California / (714) 989 -8541 Assistant supermt<nden t. POSOnnel )1730 Thomas W. Garnella, Ed.D, Assistant Supeumendent. Business services April It It1R4 Date LETTER OF CERTIFICATION FOR SCii00L DISTRICT CAPACITY 'nithfn Central School District and Central School District attendance boundaries for the following described project: Developer LEWIS IIO)IES Location /Description Tract No. 12364 -1 Sr. corner Baselin (Spruce is midway between Haven and Milliken) Number of Dwelling Units twenty -six (26) SINGLE FAMILY Anticipated Completion Date November 1. 1984 Gentlemen: The Central School District hereby certifies that it will provide capacity for S.a, students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. October 7, 1984 This letter of Certification for School District Capacity shall be nonassignable and all assignments are null and void. Approval of the issuance of building permits by the City of Rancho Cucamonga within the 190 day period shall validate such commitment to this developer, Sincerely, 7�K( � Frank A. Cosca, Jr. Superintendent 3/84 ROARO OF TRUSTUS Lawrence W Oellon pmala I. Wright Richard C. Alexander lack McKelvey a LEWIS DEVELOPMENT CO. ,L 5 Nam MouMdn wr.,w. / e0. B= e7o / UDq O. G a 788 / ]1t 985.0974 May 23, 1984 HAND DELIVERED Robert E. Dougherty, Esq. Rancho Cucamonga City Attorney , Covington d Crowe 1131 W. Sixth Street Ontario, CA Re: Agreement for CCBR's Applicable to Tract 12402 Dear Mr. Dougherty: Please be advised that Lewis Development Co., a general partnership, agrees that no building permits shall be issued by the City of Rancho Cucamonga applicable to Tract 12402 until "reciprocal access easement and maintenance agreements ensuring access to all parcels and joint maintenance of all common roads, drives or parking areas" are provided by CCBR's which have been approved by the City and recorded in the Official Records of San Bernardino County. In return for this commitment by Lewis the City shall approve recordation of the map for said tract notwithstanding the fact that Condition L -5 of the Tentative Map conditions established by Planning Commission Resolution 83 -86 is being deferred hereby. Very truly yours, .I erold Walsh ssis nt General Counsel JPW:drh /900xx cc: Lloyd Hubbs, Rancho Cucamonga City Engineer Kay Matlock John R. Melcher Doug Walker CITY OF RANCHO CUCAMONGA STAFF REPORT h DATE: May 24, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Setting Public Hearing for June 20, 1984 for the Formation of Landscape Maintenance District No. 4 for the Terra Vista Planned Community Lewis Homes, developer of Terra Vista Planned Community, has requested the City form a landscape maintenance district for landscaping within the street right -of -way of their project. A general description of the work to be done is described in the attached Engineer's Report. The district will be formed with Tract Nos. 12316, 12316 -1, 12317, 12317 -1, 12364, 12364 -1 and 12402. All other tracts within Terra Vista will be annexed at time of recordation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions initiating and forming Landscape Maintenance District No. 4, approving the Engineer's Report and setting the day of public hearing for June 20, 1984. Resp ctfully sub 'tted, Attachments May 22, 1984 Mr. Lloyd Hubbs City Enaineer City of Rancho Cucamonga Community Development Department 9320 Base Line Road Rancho Cucamonga, CA 91730 Subject: Terra Vista Landscape and Street Lighting Districts Dear Lloyd: Hand Delivered Please accent this letter as our formal request that landscape and street lighting maintenance districts be formed for the Terra Vista Planned Community. Cordially, LEWIS HO" ES OF CALIFORNIA DOUGL AS R. WALKER Staff Engineer DRF7: j gc 1,56N Moa,!a,na.e PO Go. 670 Upland Cr 91786 ptel 985.0971 Devni0oed d': Lents Momea RESOLUTION N0.- 05- 24-06M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 , WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets and Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscaping located therein; and WHEREAS, this City Council declares to initiate proceedings for the formation of an assessment district to be known as "Landscape Maintenance District No. 4" to improve and maintain landscaping located within the boundaries of said landscape maintenance district. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby proposes the formation of an assessment�t to be known as "Landscape Maintenance District No. 4" pursuant to the Landscaping and Lighting Act of 1972. SECTION 2: The nature, location and extent of the improvements to be installed awn 'maintained with "Landscape Maintenance District No. 4" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of Landscape Maintenance District No. 4 is more particularly described in Exhibit "8" attached hereto and incorporated herein, and the City Council hereby specifies the designation "Landscape Maintenance District No. 4" for said landscape maintenance district. SECTION 4: The City Engineer is hereby authorized an directed to cause the preparation and filing of a report with respect to the formation of Landscape Maintenance District in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 24th day of May, 1984. AYES: NOES: ABSENT: Jon 0. M1 a s, Mayor ATTEST: every A. Autheiet, y Clerk ,)aa ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT NO. 12316 -- Tre.e Maintenance Only CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE 07 CALIFORNIA �M A nTV FNf.INFFR RCF 97RP.O nMF A N EXHIBIT A pigs ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT NO. 12317 Ground and Tree Maintenance Tree Maintenance Only p 39 40 41 42 43 44 45 45 47 49 49 50 - .1 2 3 38 37 4 5 38 tree a 35 .. 33 132 30 131112911V7 28 28 25 24 3 22 7 C 21 .c 34 e U 20 9 p > y � 10 "` 19 0 11 V0C 0 L is 12 D (, 17 13 p0 18 14 is y O`d qj O This diagram is for maintenance district assessment information only. CITY OF RANCHO CUCARtOA'GA title; COUNTY OF SAN BERNARDINO ��:,�, •- s' STATE dF CALIFORNIA un l 0 CITY ENGINEER RCE.238E9 nerc P�B� ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT NO. 12364 Base Line Road et — eo — Ground and Tree Maintenance Tree Maintenance Only This diagram is for maintenance district assessment information only. CITY OF RANCHO CUCAMONGA e =, '= COU;\"PY OF SAN BERNARDINO �/'�\ TA CALIFORNIA T IM ... n tv c.mnc co oar vi ee n.r Page 0 c m ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT N0. 12402 ....... Ground and Tree Maintenance .tetra This diagram is for maintenance district assessment information only. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO j STATE 2F CALIFORNIA vase EXHIBIT "B" Tract No. 12316 as recorded in Book , Page Tract No. 12316 -1 as recorded in Book _, Page Tract No. 12317 as recorded in Book Page Tract No. 12317 -1 as recorded in Book , Page Tract No. 12364 as recorded in Book , Page Tract No. 12364 -1 as recorded in Book _, Page Tract No. 12402 as recorded in Book , Page Official records of San Bernardino County, State of California. RESOLUTION NO. 46- 24 -97CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR FOR LANDSCAPE MAINTENANCE DISTRICT No. 4 (TERRA VISTA PLANNED COMMUNITIY) y�z b f WHEREAS, on 1984, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses or said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and escd'" riot in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed, SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment Oistrict in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. CITY OF RANCHO CUCAMONGA ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NUMBER 4 TERRA VISTA PLANNED COMMUNITY SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Oivison 15, of the Street and Highways Code, State of California (Landscape and Lighting Act of 1972). SECTION 2. GENERAL DESCRIPTION This report deals with the establishment of a Landscape Maintenance District for the Terra Vista Planned Community. The District will eventually include the majority of the area included with the Planned Community, as approved by Ordinance No. 190. Areas to be included in the work program are to the trees and plantings within the rights -of -way of streets dedicated to the City, the local street trees within dedicated tree maintenance easements as decribed in the Terra Vista Community Plan, the local public parks, the greenway system, community gateways, such similar areas as may be dedicated by the various subdivisions. Necessary lighting within the park and greenway system is included in the work program. The work program excludes street frontage landscaping and trees adjoining non- residential developments, which will be maintained by those developments; however, all street trees along the Loop Parkway (Church Street and Terra Vista Parkway) will be maintained by the Maintenance District, regardless of the type of property adjoining. The work program includes half the cost of maintenance of major arterial medians in Haven Avenue, Base Line Road, and Foothill Bouelvard; the other half is excluded and will be funded by the City or by an assessment on other properties. Maintenance of the proposed City of all irrigation systems; maintenance, repair, energy costs, and replacement as necessary of all required lighting within the park and greenway system; removal of graffiti from walls immediatley adjacent to the cultivated areas; and repair, removal or replacement of all or any part of any improvement. The detailed specifications setting forth the specific maintenance activities to be performed in each area will be prepared annually by the City Engineer as part of the work program. Lewis Homes of California, as project sponsor of Terra Vista, has indicated a desire to be involved in the preparation of the initial specifications in order to assure a high quality of maintenance for the community. In addition to t`e general good appearance and health of the landscaping, the City wishes to assure that trees within the community receive appropriate training, pruning, and irrigation as detailed in the Landscape Supplement to the Terra Vista Community Plan. The City will permit the project sponsor to participate in the preparation of the detailed specifications and the sponsor will be given an Opportunity to review them prior to adoption of the work program. The sponsor may also choose to bid on the maintenance contracts in order to directly assure the best quality of are for the landscaping in its early years of growth. SECTION 4. ESTIMATED COSTS As development proceeds within the Terra Vista Planned Community, the area to be maintained by the District will increase and so will the cost; however, the area subject to assessment will also increase. It is anticiapted that the assessment area will incease at approximately the same rate as the maintenance area, thereby keeping relatively constant the cost per unit, excluding cost of living increases. -3- 0. Complete District The estimated cost (at current dollars) for the Landscape Maintenance District upon completion of all areas within the entire Terra Vista Planned Community is: Street parkways - 960,500 s.f. at 50.32/s.f. S 307,400 Greenway system landscaping - 270,000 s.f. at 50.32 /s.f. 86,400 Paved trails and miscellaneous paving - 150,000 s.f, at SO.03 /s.f. 4,500 Medians - 393,292 s.f. at 80.15 /s.f. 59,000 Gateways 10,000 Parks - 38.0 acres at 55,000 /acres 190,000 Trees - 20,000 at S5 /each 100.000 Estimated total annual maintenance cost $ 757.300 SECTION 5. ASSESSMENT DIAGRAM > copy of the proposed Assessment Diagram for the tracts that will comprise the Maintenance District orginally is attached to this report and labeled "Landscaped Maintenace District No. 4 ". This diagram is hereby incorporated within the text of this report. The District will originally comprise Tract Nos. 12316, 121316 -1, 12317,12311_ 1, 12364, 12364.1 and 12402 of Phase One of Terra Vista. Additional tracts will be annexed into the District after its formation. General parameters of the final District are described on the attached Specific Plan General Assessment Diagram. SECTION 6. ASSESSMENTS Maintenance costs for the entire District are found to be of specific benefit to all developed residental property within the District in accordance with the following relationship: Land Use Assessment Units Single family residential dwelling unit 1 unit Multifamily /attached residential dwelling unit .5 unit -5- Estimated Planned Community complete Total annual cost (Section 4) $757,300 Assessment units Single family 3,488 d.u. r. 1 unit = 3,488 assessment units Multifamily 4 512 d.u. x .5 unit= 2 256 assessment units $;66b'd.u. t;W assessment units Estimated assessment rate = $757 300 — 5:744 = $131.84 Thus, estimated annual assessments of $131.84 per single family dwelling unit and $65.92 per multifamily dwelling unit are projected to be required at project completion. Estimated assessments are for comparison only. Actual assessments will be set by public hearing each year in June and will be based on actual maintenance expenses and developed land use summaries. Should direct contributions to the maintenance costs of the District from the City or other source be received at some future date, assessments would be reduced accordingly. -8- RESOLUTION NO. 65- 24=68CR--' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO,THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, on " 1984, this City Council adopted Resolution No. 84 - *' proposing the formation of an assessment district to be known as "Landscape Maintenance District No. 4" for the purpose of maintaining certain landscape improvements to be * �c/ /� t ooraa /tedy within said assessment district; and WHEREAS, on his City Council preliminary approved an Engineer's Report with respect to said "Landscape Maintenance District No. 4" and caused said Engineer's Report to be filed in the office of the City Clerk of the City of Rancho Cucamonga; and WHEREAS, this City Council desires to form Landscape Maintenance District No. 4 for the maintenance of certain landscape improvements to be located herein. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1, This City Council hereby declares its intention to order the formation of assessment district to be known as "Landscape Maintenance District No. 4" for the purpose of maintaining certain landcape improvements therein and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972. SECTION 2. The landscape improvements to be maintained within the boundaries of Landscape Maintenance District No. 4 are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The general location of Landscape Maintenance District No. 4 is more particularly described on the diagram attached at "Exhibit B" and incorporated herein by reference. SECTION 4. Reference is hereby made to the Engineer's Report on file with t e ity Clerk of the City of Rancho Cucamonga for a full detailed description of the boundaries of Landscape Maintenance District No. 4 and the proposed assessments upon assessable lots and of land within said assessment district. SECTION 5. This City Council hereby sets the date, time and place of a public hearing on the formation of Landscape Maintenance District No. 4 to be as follows; DATE: June 20, 1984 TIME: 7:30 pm PLACE: City Council Chambers at 9161 Base Line Road. City of Rancho Cucamonga ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT NO. 12316 $2133 /34 31130 1 "' 128 26 20 21 22 = 24 19 25 to reel 17 � u -- 2 w S 4 s UAc t' a 8 4�0° 9 18 is 13 12 0 LtA 17 70 CY qj Q� -- Tre t Maintenance Only iiagram is for maintenance district c +vo �i� --- -;err CITY OF RANCHO CUCAbSOA'GA title; J COUNTY OF SAN BERNARDINO EXHIB; r,�y>TATE 0 CALIFORNIA T it �{, e l� — un ,, m c m C m > m rd ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT N0. 12317 Ground and Tree Maintenance Tree Maintenance Only I This diagram is for maintenance district assessment information only. I ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT N0. 12364 Base Line Road 44 45 1 2 3 4 6 6 f t 7 43 42 41 40 39 38 Jf 0 27 28 S7 d 10 29 36 28 r 35 11 30 — 2s 4) 34 12 Y 31 24 33 13 32 23 reet 14 tee 21 20 19 18 17 18 15 et Ground and Tree Maintenance Tree Maintenance Only This diagram is for maintenance district asses: Sllt C'c CIT Y OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STST T), F CALIFORNIAF CALIFORNIA �> -z i cr �iry r.mieicco orr �aoro �nn.r t: A N v�s� L' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT NO. 12402 ... .,, Ground and Tree Maintenance LOT 3 7 LOT 4 c m G LOT 1 LOT 5 O LOT 2 � parkY+aY 4 i This diagram is for maintenance district assessment information only. tc .tvo . CITY OF RANCHO CUCAAfOAGA title; v' -rrif COUNTY OF SAN BERNARDINO TAT CALIFORNIA P2ge 0 HUM YEN WEER RCE, ?3889 DATE M M IN CM r M M m III LM I m Ii Lm . ........ Lm E Lm wl JrH m Lm M OP OP Hi4 OP H CC 4)p C LIM m LEGEND PARK ............... PARKWAY - - - - - - MEDIAN K!rn TRAI L. GREENWAY LmJ r� GATEWAY Go Tmmvista AL I M LIM PIC k1H M Lm M H pF Lm LM Lm 03 CC Lm M. E 1% N6 it" RC OP -3) USE M LM LIM LIM .... .. .......... po IC E A f AN MIN Lm E m I p ....... . . .. ... A----- — ----- i SPECIFIC PLAN GENERAL ASSESSMENT DIAGRAM LANDSCAPE MAINTENACE DISTRICT NUMBER R CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 24, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Setting Public Hearing for June 20, 1984 for the Formation of Street Lighting Maintenance District No. 4 for the Terra Vista Planned Community Attached are the resolutions for the formation of a street lighting district for Phase One of Terra Vista Planned Community. Phase One consists of Tract Nos. 12316, 12316 -1, 12317, 12317 -1, 12364, 12364- 1 and 12402. Future tracts will be annexed to the district at the time of recordation of each tract. RECOMMENDATION It is recommended that City Council adopt the attached resolutions initiating and forming Street Lighting Maintenance District No. 4, approving the Engineer's Report and setting the date of public hearing for June 20, 1984. Respectfully submi as Attachments am i RFA VISI"A May 22, 1984 Mr. Lloyd Hobbs City Engineer City of Rancho Cucamonga Community Development Department 9320 Base Line Road Rancho Cucamonga, CA 91730 Subject: Terra Vista Landscape and Street Lighting Districts Dear Lloyd: Hand Delive'red Please acceot this letter as our formal request that landscape and street lighting maintenance districts be formed for the Terra Vista Planned Community. Cordially, LEWIS H01 ^ES OF CALIFORNIA � OOUGL A R. WALKER Staff Engineer ORW:jgc t156 Mqumam Ave PO eo,,670 Goland CA 91786 (714) 9B5 0971 Oevelooed by Lewis Homes RESOLUTION N0.- 45-Z4 =43C9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 4, (TERRA VISTA PLANNED COMMUNITY) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets and Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain street lighting located therein; and WHEREAS, this City Council declares to initiate proceedings for the formation of an assessment district to be known as "Street Lighting Maintenance District No. 4" to maintain street lights located within the boundaries of said street lighting maintenance district. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby proposes the formation of an assessment district to be known as "Street Lighting Maintenance District No. 4" pursuant to the Landscaping and Lighting Act of 1972. SECTION 2: The nature, location and extent of the improvements to be installed and maintained with "Street Lighting Maintenance District No. 4" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of Street Lighting Maintenance District No. 4 is more particularly described in Exhibit "B" attached hereto and incorporated herein, and this City Council hereby specifies the designation "Street Lighting Maintenance District No. 4" for said street lighting maintenance district. SECTION 4: The City Engineer is hereby authorized an directed to cause the preparation and filing of a report with respect to the formation of Street Lighting Maintenance District in accordance with Ar' :le 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 24th day of May, 1984. AYES: NOES: ABSENT: Jon D. Mike s, Mayor ATTEST: Beverly A. Authelet, i y er jaa ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT NO. 12315 -1 .. Base Line m Road 12 UOC D 0 �o .Ir 0 V Oo This diagram is for maintenance district assessment informatior CITY OF RANCHO CUCAMONGA ,t —le ' COUNTY OF SAN BERNARDINO A Exr TAT P —CALIFORNIA — 1977 LLG l0 , qTY ENGINEER R 2 1889 A pog! ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT N0. 12317 -1 47 c 7 Q a3 + 1 d (u N 50 39 38 au a ae r7 35 34 ` 33 a9 4a 47 46 4+ 3 42 43 4 5 This diagram is for maintenance district assessment informatic IIL Ir.� �,o" :c• CITY OF RANCHO CUCAMONGA A COUNTY OF SAN BERNARDIIQO ST OF ALIF ORMA _ N - t+ 1977 s v ri7Y cnre:e ER R CF 23889 GTF page ASSESSMENT DIAGRAM STREET LIGHT MAINTENANCE DISTRICT N0. 4 TRACT N0. 12364 -1 Base Line Road 10 1 11 112 113 114 a s 2 7 •C^ Street 28 25 24 23 27 This diagram is for maintenance district assessment information only. N33d)N 3 2 7 •C^ Street 28 25 24 23 27 This diagram is for maintenance district assessment information only. ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT N0. 12402 O LOT 4 LOT 1 LO m ti M 47 LOT 2 o acKw av This diagram is for maintenance district assessment lntormation ,f �? ;f CITY OF RANCHO CUCAMONGA f�, r96�,.�: COUNTY OF SAN BERNARDINO C, STAN ' OF ALIFORNIA .Z � �.T 1 Y page bTf LO ITY EN3t,EER RCE23 °C9 O0.TE EXHIBIT "B" Tract No. 12316 as recorded in Book , Page Tract No. 12316 -1 as recorded in Book `, Page Tract No. 12317 as recorded in Book Page Tract No. 12317 -1 as recorded in Book _, Page Tract No. 12364 as recorded in Book Page Tract No. 12364 -1 as recorded in Book _, Page Tract No. 12402 as recorded in Book _, Page Official records of San Bernardino County, State of California. RESOLUTION N0.- 05- 2404CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) WHEREAS, on * 1984, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1912; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. SNOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and escd —ribed in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. CITY OF RANCHO CUCAMONGA ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT NUMBER 4 TERRA VISTA PLANNED COMMUNITY SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Divison 15, of the Street and Highways Code, State of California (Landscape and Lighting Act of 1972). SECTION 2. GENERAL DESCRIPTION This report deals with the establishment of a Street Lighting Maintenance District for the Terra Vista Planned Community. The District will eventually include the majority of the area included with the Planned Community, as approved by Ordinance No. 190. Areas to be included in the work program are the street lights within the rights -of -way or designated easements of streets dedicated to the City and are limited to local, collector and secondary arterial streets, including Terra Vista Parkway. The work program excludes maintenance of street lights in rights -of -way of major arterial highways (Base Line Road, Haven Avenue, Foothill Boulevard, Rochester Avenue and Milliken Avenue) and Church Street. These areas will be included in the city -wide lighting district for arterial highways. SECTION 3. SCOPE OF WORK The specific areas to be maintained by the District as defined in the preceding section, will become part of the active work program at such time as the specific areas are annexed into the District. The normal process will be the dedication of the areas to the City, construction of the street lighting system, and, upon demonstration of satisfactory operaticn, the acceptance by the District no later than the following July. The Developer will make a sufficient deposit with the Southern California Edison Company to provide for A. Phase One Construction The estimated cost (at current dollars) for the District as initially formed comprising the 397 dwelling units of Tract Nos. 12316, 12316 -1, 12317, 12317 -1, 12364, 12364 -1 and 12402 is: Lamp Quantity* Rate** Month /Year 75 ea. 5800 Lumen x $8.75 x 12 = $7,875 /year total B. Complete District annual maintenance cost The estimated cost (at current dollars) for the District upon completion of all areas within the entire Terra Vista Planned Community is: Lamp Quantity* Rate** Month /Year 1,500 ea. 5800 Lumen x $8.75 x 12 = $157,500 118 ea. 9500 lumen x 59.85 x 12 = 13 950 $171,450 year total annual maintenance cost * Assumed to be high pressure sodium vapor, 5800 lumen or 9500 lumen;actual type and size may vary. ** All night energy service per lamp per month including maintenance costs. All the costs are based on Southern California Edison Company monthly rates including maintenance. All costs and areas are based on current estimates and may or may not be valid for future years. The total cost and unit cost vary as the monthly rate varies and as additional areas for maintenance are annexed to the District. The monthly rate is established by the Southern California Edison Company and is not currently controlled by the size of an area or any operation of the developer. The size of the areas being annexed to the District only has an influence on the total cost. The costs shown are estimates only, and the actual assessment will be based on actual cost data. -3- Thus, estimated assessments of $24.53 per single family dwelling unit and $12.27 per multifamily dwelling unit will initially be required for the original District, Estimated Planned Community complete: Total annual cost (Section 4) $171,450 Assessment units Single family 3,488 d.u. x 1 unit = 3,488 assessment units Multifamily 4 512 d.u. x .5 unit= 2 256 assessment units d.u. ,tw assessment units Estimated assessment rate = $171 450 = $29.85 per year Thus, estimated annual assessments of $29,85 per single family dwelling unit and $14.93 per multifamily dwelling unit are projected to be required at project completion. Estimated assessments are for comparison only. Actual assessments will be set by public hearing each year in June and will be based on actual energy and maintenance expenses and developed land use summaries. -5- RESOLUTION NO.-MZ4 -05CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM STREET LIGHTING MAINTENANCE DISTRICT NO. 4, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, on * 1984, this City Council adopted Resolution No. 84 -* proposing the formation of an assessment district to be known as "Street Lighting Maintenance District No. 4" for the purpose of maintaining certain street lighting improvements to be located within said assessment district; and WHEREAS, on * 1984, this City Council preliminary approved an Engineer's Report with respect to said "Street Lighting Maintenance District No. 4" and caused said Engineer's Report to be filed in the office of the City Clerk of the City of Rancho Cucamonga; and WHEREAS, this City Council desires to form Street Lighting Maintenance District No. 4 for the maintenance of certain street lighting improvements to be located herein. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1. This City Council hereby declares its intention to order the formation of an assessment district to be known as "Street Lighting Maintenance District No. 4" for the purpose of maintaining certain street lighting improvements therein and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972. SECTION 2. The street lighting improvements to be maintained within the boundaries o Street Lighting Maintenance District No. 4 are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The general location of Street Lighting Maintenance District No. i particularly described on the diagram attached at "Exhibit 8" and incorporated herein by reference. SECTION 4. Reference is hereby made to the Engineer's Report on file with t e ity Clerk of the City of Rancho Cucamonga for a full detailed description of the boundaries of Street Lighting Maintenance District No, 4 and the proposed assessments upon assessable lots and of land within said assessment district. SECTION 5. This City Council hereby sets the date, time and place of a public hearing on the formation of Street Lighting Maintenance District No. 4 to be as follows: DATE: June 20, 1984 TIME: 7:30 pm PLACE: City Council Chambers at 9161 Base Line Road. City of Rancho Cucamonga ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT N0. 12316 32 34 %E. 3s 1 ` S1r 3s 2 k, 31 30 29 28 27 e1 � 3 VCQC 28 4 21 23 6 24 ~ 19 25 6 UpC to 'F' b tt � u Street s �`o 0 1a d is 13 12 m in t t 10 00 This diagram is for maintenance district assessment information only. m a c d a a c m a m Po ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT NO. 12317 diagram is for maintenance district assessment information onl 41o� —* °,%c CITY OF RANCHO CUCAMONGA �g COUNTY OF SAN BERNARDINO c: ;Z ST T mF 9ALIFORNIA irn A N page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT NO. 12364 Base Line Road 44 4S 1 2 3 4 8 e 'C' Street 43 42 41 40 39 39 0 27 Z8 37 y t0 29 38 •G• 28 35 N t1 y 30 LL 25 0 34 0 12 .` 31 24 N 33 13 . 32 23 iL street 14 21 20 19 1s IT 1s 1S I This diagram is fo, maintenance district assessment information only. I CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO TAT F 2ALIFORNIA x.77 e , curiarre orr nao.o nwre A N title; page e ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 TRACT N0. 12402 LOT t ~ c m Q LOT t LOT 6 u 7 �4 47 diagram is LOT 0 LOT 2 o atk`�aY maintenance district assessment CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO TATE:OF CALIFORNIA7� fT 1 IM i n ec r +nn!ceo orc 910GC Wort title.; Pap CITY OF RANCHO CUCAMONGA �ucnnrp� STAFF REPORT' c DATE: May 24, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Terra Vista Master Plan of Drainage Attached for Council adoption is a resolution adopting the Master Plan of Drainage for the Terra Vista Planned Community. This plan has been thoroughly reviewed by staff and plans checked in detail by consultants to the City. Adoption is recommended. It should be noted that the system cost estimate is $9,530,918 or $6,370 per acre. This amount is $2,320 per acre greater than the Citywide Drainage Fee. If adjustments for this are not made, the City will be required to subsidize construction of this system. The added cost is partially due to diversion of flows from the Day Creek Watershed to the Deer Creek Channel. It is staff's opinion that the Planned Communities should be structurd to pay the cost of all drainage facilities and at the appropriate time, the Drainage Fee Ordinance be modified to reflect this policy. These modifications should be considered after the disposition and impact of the Jarvis Amendment has been determined. RECOMMENDATION It is recommended that the Council approve the resolution adopting the Master Plan of ora'nage Facilities for the Terra Vista Planned Community. lly submitted, Attachment RESOLUTION NO. 95=24 -09CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MASTER PLAN OF DRAINAGE FACILITIES FOR THE TERRA VISTA PLANNED COMMUNITY WHEREAS, the City Council of the City of Rancho Cucamonga, California has reviewed the proposed Master Plan of Drainage for the Terra Vista Planned Community; and WHEREAS, said Master Plan of Drainage has been found to be consistent with the City General Plan and Planned Community Documents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga adopts the Master Plan of Drainage for the Terra Vista Planned Community as shown in Parts I and II of the Master Plan of Drainage Facilities for "Terra Vista" a Planned Community dated May 4, 1984 and approves all accompanying profiles and cost estimates accompanying said Plan. BE IT FURTHER RESOLVED that the Master Plan of Drainage for Terra Vista Planned Community shall replace conflicting drains included in the current adopted plan. PASSED, APPROVED, and ADOPTED this 24th day of May, 1984. AYES: NOES: ABSENT: Jon D. Mi a s, Mayor ATTEST: Beverly A. Authe et, City Clerk jaa LAND PURCHASE AND GIFT AGREEMENT This Land Purchase and Gift Agreement (the "Agreement ") is made the day of 1984 (hereinafter referred to as the "Effective Date "). by and between LEWIS CONSTRUCTION CO., INC., a California corpora- tion, and LEWIS DEVELOPMENT CO., a general partnership (hereinafter collec- tively referred to as "Lewis "), and the CITY OF RANCHO CUCAMONGA, a Municipal corporation (hereinafter referred to as the "City "). R E C I T A L S A. City acknowledges that an appraisal by a qualified appraiser has been completed and agrees that the fair market value of the property which is the subject of this Agreement is $7,900,000.00, as established by that appraisal, which amount is equivalent to approximately $76,350.00 per gross acre. B. City desires to acquire the above- mentioned property for public park purposes, but has determined it is financially unable to pay the appraised value. C. City recognizes and gratefully acknowledges that Lewis is making a gift to the City by conveying said property for an amount well below fair market value and on terms and conditions more favorable to the City than would be customary in a land sale transaction between private parties. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATIONS, the parties hereto agree as follows: 1. The City agrees to purchase from Lewis, and Lewis agrees to sell to the City, according to the terms and conditions herein contained, that certain real property in the City of Rancho Cucamonga, San Bernardino County, California, as more fully described in Exhibit "A" attached hereto and made a part hereof and consisting of one hundred three and Rev. 052284 Land Purchase and Gift Agreement Page 2 forty -seven one - hundredths (103.47) gross acres, more or less (hereinafter referred to as the "Property "), being one hundred five and forty -six one - hundredths (105.46) gross acres measured from the ultimate centerlines of adjacent roads, less approximately one and ninety -nine one - hundredths (1.99) acres already conveyed for purposes of public road right -of -way. The acreage to be conveyed shall be determined by a licensed civil engineer selected by Lewis. The City shall have the right to review and approve such survey. 2. The City represents and warrants, which representation and warranty are material parts of the consideration to Lewis: (a) that the Property shall be developed and forever used solely for public park purposes; (b) that in recognition of the gift from Lewis a portion of the Property including the first phase of parkland to be developed, consisting of approximately one -third (1/3) of the Property, shall be named the "Ralph M. Lewis Sports Complex ", or such other name as may be acceptable to Lewis. 3. The purchase price to be paid by the City to Lewis for the Property shall be Five Million One Hundred Seventy -three Thousand Five Hundred and 00 /00 Dollars ($5,173,500.00). Notwithstanding the foregoing, if the survey of the Property to be furnished by Lewis to the City, as herein provided, reflects that the number of gross acres comprising the Property is more or less than 103.47, the purchase price shall be increased or reduced by the product of $50,000.00 times the number of gross acres of the Property more or less than that figure. The parties intend that the difference between the fair market value acknowledged in Recital "A" of this Agreement and the Purchase Price as herein established be deemed a gift from Lewis to the City. 3.1 An escrow for this transaction shall be opened at the San Bernardino office of TICOR Title Insurance Company, which entity shall be hereinafter referred to as the "Escrow Holder ". Escrow Rev. 052284 Land Purchase and Gift Agreement Page 3 shall be opened within ten (10) business days after execution of this Agreement by both parties and shall be deemed open at the time a fully executed copy of same is deposited with the Escrow Holder. 3.2 The close of escrow for the purchase and sale of the Property shall occur on October 1, 1984, or as soon as possible thereafter, and must take place by November 30, 1984, failing which escrow shall be cancelled and this Agreement shall terminate; provided, however, that so long as the City has met all duties, requirements, and conditions precedent to the closing which are required of it pursuant to this Agreement, including execution of all documents needed for such closing, and only if Lewis has failed to meet its obligations without being prevented thereby by any action or inaction of City, then City may at its sole discretion extend such date of closing until Lewis has met such obligations and the escrow is in condition to close. Close of escrow shall be subject to fulfillment or waiver of the following contingencies during the period extending from the Effective Date of this Agreement until such date of closing (hereinafter referred to as the "Feasibility Period "), which contingencies are for the benefit of the City only. If any of the following contingencies is not fulfilled or waived prior to the end of the Feasibility Period, the City may cancel escrow and terminate this Agreement without further obligation, rights, or liability: (a) City's approval of a CLTA preliminary title report furnished by Lewis within twenty -one (21) days after the Effective Date hereof. Lewis agrees not to further encumber the Property subsequent to the date of issuance of such report. In the event the City expressly disapproves any matters of title not listed in Section 13 of this Agreement, then it may cancel escrow and terminate this Agreement without fault, or, at its election, accept the Property without abatement of the Purchase Price. Rev. 052284 Land Purchase and Gift Agreement Page 4 (b) City's approval of such engineering studies, soils test reports, and financing and development feasibility studies, conducted at its own expense, as the City, in its sole discretion, may deem necessary or desirable to the end that the City is satisfied that the Property can be reasonably developed for the purposes intended. During the period of time between the Effective Date and the close of escrow Lewis grants City a non - exclusive license to enter onto the Property for the purpose of conducting such tests and City agrees to indemnify and hold Lewis harmless from all liability, loss, damages, claims, cost, or expenses arising from such entry and use. (c) City's approval of the map for subdivision of land as 'escribed in Paragraph 5 hereof, which approval may not be unreasonably withheld. 4. The Purchase Price shall be payable according to the terms of City's note (hereinafter referred to as the "Note ") secured by a trust deed (hereinafter referred to as the "All Inclusive Purchase Money Deed of Trust "), both to be duly executed and delivered to Escrow Holder at the close of escrow, specimen copies of each being attached hereto as Exhibits "B" and "C ", respectively. The Note and All Inclusive Purchase Money Deed of Trust shall be in the nature of "All- Inclusive" or "Wrap- Around" instruments as the total principal amount includes certain unpaid principal balances on promissory notes secured by senior deeds of trust. Said Note and All Inclusive Purchase Money Deed of Trust shall require that the Purchase Price shall be paid in ten (10) annual payments which shall each include principal plus interest as defined herein. Each annual principal installment shall be in the amount of one -tenth (1 /10) of the total Purchase Price. Each annual payment shall additionally include all accrued interest on the annual principal installment at the annual rate of twelve percent (12 %), compounded annually from the date of close of escrow. The first such annual payment shall be due and payable August 1, 1985, and the remaining payments shall be due annually thereafter until all Rev, 052284 Land Purchase and Gift Agreement Page 5 principal and interest has been paid. In the event the City is unable, in good faith, to make an annual payment or portion thereof when due, then provided it is not then in default of any of the terms of this Agreement or the All Inclusive Purchase Money Deed of Trust it may elect one time and one time only during the period of the Note, and upon sixty (60) days' advance notification to Lewis, to defer for a period of one (1) year the portion of that annual payment which it is unable to pay. In the event of such election, any portion of the payment tendered when originally due shall be applied first to interest accrued. Interest upon the deferred principal installment shall continue to accrue, and at the end of such deferral period City shall make a payment. consisting of the deferred principal and all accrued interest to the date of payment as well as the annual payment (including principal and interest) which normally would have been due at that time without regard to such deferral. 5. As a condition to the close of escrow, and for the benefit of the City, the Property shall be divided out of the land of which it is a part and shall be further divided into not less than ten (10) parcels (hereinafter referred as the "Lots ") of ten (10) acres apiece substan- tially in the manner illustrated on the Lot Release Map of Exhibit "D ", attached hereto and made a part hereof. The easterly -most, or tenth, Lot will be larger or smaller than ten (10) acres to reflect the actual acreage of the Property as determined by survey. During the Feasibility Period herein defined, Lewis shall comply with all requirements of law relating to both the division and the further division of land hereinabove mentioned. City agrees to expedite the processing of the land division application, and that there shall be no fees or other exactions charged as a result of this intended land division. 6. At the time the City makes each annual payment, including principal and accrued interest and provided it is not then in default of any of the provisions of this Agreement or the All Inclusive Purchase Money Deed of Trust, City may request, and shall be granted by Lewis, reconveyance from the lien of the All Inclusive Purchase Money Deed of Rev. 052284 Land Purchase and Gift Agreement Page 6 Trust of one (1) of the ten (10) Lots. The first Lot designated for reconveyance shall be the southwesterly -most Lot, adjacent to Deer Creek, and the second shall be the northwesterly -most. Subsequent reconveyances shall be in the numerical sequence indicated on Exhibit D. Lewis and the City agree that the All Inclusive Purchase Money Deed of Trust shall have included in it this release provision. 7. Provided it is not then in default of any of the provisions of this Agreement or the All Inclusive Purchase Money Deed of Trust, City shall have the option to obtain a release from the lien of the All Inclusive Purchase Money Deed of Trust for any Lot in next ascending numerical order to a Lot previously reconveyed to City by paying: (a) the principal amount of the annual payment next due, plus (b) the accrued interest on that principal amount to date of payment according to the terms of the Note; provided, that principal payments made pursuant to this Section of the Agreement shall be credited against the next annual payment due to be made under the terms of the Note. 8. At its sole cost and expense and at any time after close of escrow, the City may install park improvements upon the Property. Subject to the provisions of this Section the City shall, at its sole cost and expense, install all public works improvements within future street rights -of -way to the centerlines of streets on the perimeter of the Property. Such public works improvements within street rights -of -way include, without limitation as to the completeness of the list, curb, gutter, pavement, storm drain, master planned storm drain improvements, street lights, usual signalization costs, utilities installation (including undergrounding of electrical service), any utility extension required to serve the Property, gas, electric, telephone, cable TV, median islands, pedestrian crossings, costs related to Deer Creek Channel crossings, and all other similar improvements (hereinafter collectively referred as the "street Rev. 052284 Land Purchase and Gift Agreement Page 7 improvements "), and shall be installed by the City no later than the time of development of Terra Vista subdivisions fronting on the opposite side of the segment of street in question except as provided herein. In the event City has not yet obtained reconveyance from Lewis or its trustee from the lien of the All Inclusive Purchase Money Deed of Trust applicable to any Lot which includes such segment at the time such construction is to commence, then City may de r that installation; provided, however, Lewis, in its discretion, may then elect to loan to the City or advance the cost of such street improvements in that segment, or to construct such improvements; if Lewis elects either course of action the City shall at the time of reconveyance of such' Lot from the lien of the All Inclusive Purchase Money Deed of Trust repay to Lewis its actual costs incurred for such street improvements, plus interest on such amounts from the date of completion to the date of payment at a twelve percent (12 %) annual rate compounded annually until paid. In the event the City has elected to construct such street improvements at its own expense and thereafter waives or forfeits its right to obtain reconveyance for any Lot or Lots which include such completed street improvements, then at such time the waiver or forfeiture is final Lewis shall repay to the City its actual costs incurred for such street improvements plus interest for such amounts from the date of completion to the date of payment at a twelve percent (12 %) annual rate, compounded annually until paid. 9. In the event Lewis reacquires title to any of the Lots, or portion thereof, whether because the City waives or forfeits its right to further reconveyances from the lien of the All Inclusive Purchase Money Deed of Trust prior to release of all the Lots from such encumbrance, or by foreclosure as a result of default in the All Inclusive Purchase Money Deed of Trust, by tender of deed in lieu of foreclosure, by exercise by Lewis of its right to repurchase, or by any other means, then with respect to such Lots reacquired by Lewis; (a) the City agrees to remove, at its sole cost and expense, any park Rev. 052284 Land Purchase and Gift Agreement Page 8 improvements installed thereon and to restore said Lots to the land condition existing as of the Effective Date of this Agreement to the extent Lewis shall so request. (b) Lewis may apply at any time thereafter to begin development of such Lots pursuant to Section VI of the Terra Vista Community Plan adopted February 16, 1983 (the "Community Plan ") which provides in part that "the site will [then] be developed for income property uses, that is, rental properties intended to be maintained by the owner /developer for its investment portfolio... ", and the City agrees to process such application in good faith consistent with said Community Plan and General Plan of the City. 10. The Note and All Inclusive Purchase Money Deed of Trust shall not be assumable, and any attempt by the City to transfer or assign its obligations or to convey its interest in the Property encumbered thereby shall be deemed a material default thereunder. In the event the City does not develop and continue to use all of the Lots as public park but instead desires to sell or otherwise transfer all or a portion of the Lots directly or indirectly after reconveyance from the lien of the All Inclusive Purchase Money Deed of Trust, then Lewis may exercise a right of repurchase, which right is hereby granted for a period beginning at close of escrow of this transaction and terminating twenty (20) years thereafter, by serving notice of such exercise on the City within sixty (60) days after notification by the City of its desire to sell or transfer, and by tendering to the City, in cash, within one hundred eighty (180) days after such notification by the City the full amount paid by the City for obtaining reconveyance of the Lot or Lots from the lien of the All Inclusive Purchase Money Deed of Trust. For purposes of this Section 10 of this Agreement a lease, license, or similar grant to a private business entity for purposes of providing or operating public recreational facilities shall not be a default in the terms hereof or the All Inclusive Purchase Money Deed of Trust and shall not activate this right of repurchase. Such right of repurchase shall be included within Rev. 052284 Land Purchase and Gift Agreement Page 9 the Grant Deed. The right of repurchase granted pursuant to this paragraph shall not be appurtenant to the land, but shall belong solely to Lewis and may be assigned only to a business entity, more than fifty percent (50 %) of which is owned and controlled, directly or indirectly, by one or more of Ralph M. Lewis, Goldy S. Lewis, Richard A. Lewis, Robert E. Lewis, Roger G. Lewis, Randall W. Lewis, Edwin C. Kimnel, or to any one or more of such individuals or their heirs. 11. This Agreement and the obligations of Lewis and the City hereunder shall be contingent upon deposit into escrow within ten (10) business days after the Effective Date hereof of a signed copy of this Agree- ment. 12. (Not used.) 13. City shall accept conveyance of the Property at close of escrow by way of Grant Deed subject to: (a) general and special taxes not yet delinquent; (b) such reservations, restrictions, covenants, conditions, easements, rights of way, rights of record, exceptions, assessments, outstanding mineral interests and similar encumbrances which presently exist, plus the right of repurchase reserved in this Agreement, including but not limited to those shown in the preliminary status of title attached to this Agreement as Exhibit "E" and incorporated herein by this reference, and (c) trust deed encumbrances shown as items 8, 9, and 11 on said Exhibit E, which are outstanding at the date of this Agreement and will be satisfied by Lewis according to their terms; provided, however, that at the time City has become entitled to reconveyance of a Lot pursuant to this Agreement, and upon the condition that City is not in default hereunder, such reconveyance shall be free and clear of such trust deed Rev. 052284 Land Purchase and Gift Agreement Page 10 encumbrances. City agrees in entering into this Agreement subject to such trust deeds that it will honor and abide by the terms and conditions contained therein, and any act of default by City under such trust deed shall be deemed a default under the All Inclusive Purchase Money Deed of Trust. 13.1 Lewis shall furnish, at its cost and expense, a CLTA Standard title policy issued by TICOR Title Insurance Company or another title company mutually acceptable to the parties, subject to the printed exceptions to such policy, the exceptions identified in Section 13 of this Agreement, and all other further matters as may be approved or waived by the City. In the event the City desires that an ALTA policy be issued, or requires any indorsements to the policy furnished, all costs related thereto (including the cost of the required ALTA survey) shall be paid, prior to close of escrow, by the City. 14. All taxes, assessments, and insurance premiums, if any, pertaining to the Property shall be prorated on the basis of 30 -day months and the latest available tax bills as of 12:00 Midnight Pacific Standard Time on the date of close of escrow. Payments or reimbursements due to Lewis or the City as a result of this proration shall be deposited into escrow by the party owing same before the date set for closing, and shall be a condition precedent to any executory obligations of the party to receive such proceeds. Documentary transfer taxes shall be paid by City. All costs and expenses incurred in this transaction, to the extent not provided for herein, shall be divided between the parties in such manner as is customary in San Bernardino County. 15. (Not used.) 16. City agrees with, and represents to Lewis that the Property is being purchased in its "as -is" condition, has been inspected by it, and that it has been assured by means independent of Lewis or of any agent of Lewis of the truth of all facts material to this Agreement, and that said Property is and has been purchased by the City as a result of Rev. 052284 Land Purchase and Gift Agreement Page 11 such inspection or investigation and not by or through any representa- tions made by Lewis, or by an agent of Lewis. City hereby expressly waives any and all claims for damages or for rescission or cancella- tion of this Agreement because of any representations made by Lewis or by any agent of Lewis, other than such representations as may be contained in this Agreement. City further agrees that Lewis and any and all agents of Lewis shall not be liable for or on account of any inducements, promises, representations, or agreements not contained in this Agreement; that no agent or employee of Lewis is or has been authorized by Lewis to make any representations with respect to the Property, and that if any such representations have been made they are wholly unauthorized, -not binding on Lewis, and are not relied upon by the City. 17. City acknowleages that it is aware of the contemplated land uses of Terra Vista in the vicinity of this Property, and that it will endeavor to plan and implement the park improvements in such a manner as to minimize or totally avoid, if possible, any negative impact on the surrounding lands. 18. City agrees that maintenance and operation costs of the Property shall be spread city -wide, and will not be allocated solely to Terra Vista residents. 19. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writ- ing. All notices and demands may be personally served or shall be sent by United States mail, postage prepaid, addressed to the address below designated or to such other place as a party may from time to time designate in a notice given in accordance with this paragraph. 20. The covenants, conditions, warranties, and representations herein contained shall survive the close of escrow, issuance of any deed or reconveyance, or similar act contemplated by this Agreement and shall not be merged therein. Each such provision shall apply to and bind Rev. 052284 Land Purchase and Gift Agreement Page 12 the heirs, successors, executors, administrators, and assigns of all the parties hereto according to the terms of this paragraph. 21. In the event of any action or proceeding brought by any party against any other under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable as attorneys' fees, whether or not the proceeding continues to judgment. 22. Any provision of this Agreement which shall prove to be invalid, void, unenforceable, or illegal shall in no way affect, impair, or invali- date any other provision hereof and such other provisions shall remain in full force and effect. 23. The parties hereto are acting as independent entities and this Agree- ment shall not constitute a partnership, agency, or other business relationship between or among them. 24. In the event of alleged default or breach of any terms or conditions of this Agreement, other than City's payment obligations under the Note, the breach of which is discussed separately in this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. In the event such breach or default is not cured within such period, the non - defaulting party may enforce this Agreement by bringing an action in law or equity, and the parties agree that specific performance shall be an appropriate remedy to be sought. 25. Each party hereby represents to the other that no real estate broker- age commissions or finder's fees are payable by either party with respect to the transactions contemplated herein. Rev. 052284 r Land Purchase and Gift Agreement Page 13 26. Time is of the essence for each provision of this Agreement of which time is a factor. 27. No amendment or modification to the provisions hereof shall be binding upon the parties unless in writing and executed in the same manner as the Agreement itself. 28. The Recitals to this Agreement are incorporated herein and by this reference made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date herein provided. "Lewis" LEWIS CONSTRUCTION CO., INC a California corporation 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Its "City" CITY OF RANCHO CUCAMONGA, a Municipal Corporation 9320 Base Line Road, Unit "C" Rancho Cucamonga, CA 91730 By: Mayor JPW:drh /918W 052184 Rev. 052284 LEWIS DEVELOPMENT CO., a general partnership 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Authorized gent ATTEST: City Clerk n 1 2 3 4 5 11 14 15 16 17 18 19 20 21 24 31 32 PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE AND BASE LINE ROAD THAT PORTION OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 32, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDE. OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT TILE SOUTHEAST CORNER OF SAID SECTION 36; THENCE ALON( THE SOUTH LINE OF SAID SECTION 36 NORTH 89 655142" WEST 17.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY LINE OF A STRIP OF LAND 17.00 FEET WIDE AS DESCRIBED IN BOOK 617, PAGE 200 OF DEEDS ; THENCE CONTINUING ALONG SAID SECTION LINE NORTH 89 055'42" WEST 3,596.79 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT (DEER CREEK CHANNEL) PER PARCEL "B" DOC. NO. 82- 056914; THENCE LEAVING SAID SECTION LINE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 0 °04'18" EAST 55.00 FEET; THENCE NORTH 29 955133" WEST 46.98 FEET; THENCE NORTH 24 057'42" EAST 1,407.06 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SOUTHERN PACIFIC RAILROAD AS DESC- RIBED IN BOOK 527, PAGE 333 OF DEEDS; THENCE LEAVING SAID EAST- ERLY RIGHT -OF -WAY LINE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE SOUTH 88 057'08" EAST 3025.00 FEET TO SAID WESTERLY LINE OF SAID STRIP OF LAND 17.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE SOUTH 0 °04'50" EAST 1,320.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 103.47 ACRES. JN; 126-644S 5/21/84 MSC PREPARED IN THE OFFICE OF : MADOLE AND ASSOCIATES, INC. 545 N. MOUNTAIN AVE. SUITE 105 UPLAND, CALIF. 91786 PHONE (714) 946 -2949 Exhibit A Page 1 of 2 i ge P,fGG "a ew LL40f' / � SBB+S7 GB E 3025.Ri • $CAGE' /"' +jol0• °o SLYC/.f%E Sour,�lertu�Lr/�.0 /73TR /0 AFf �('6J7, 4 I 1 .P.- �%e.�apo .P/i✓ y� fh67F' 2a7 a� [LcECtS! so- � GO wiL76E.OfEMEal1 I I 4 ELEEE� � � DES I I /03.4 %AG�2ES 4 - r tLzK'Slow I ESN/1.1f6P.t/C.IC // SECT /O•!/L /�/E EGY.P//VOlE.G k• 4a, i19G6 G3G O.P. I IEfls'E•rw/f ,t,p�Q '� tCEEC O.tsOLGUfL ` I I A=tl 3075'WAFi Aw 2� (P.4P✓:'EL B +P- .hfi 82- LlsA9 /4f Af,. '1jL' (/B2J 1 I I 72dE f>yiyTOF dresf'•uvuAS 7 I G WIN" NO.Oq %B E53. 00' I I - 6.05E L /,tom .PO.oO QIfUOE�oLEL /.!/EF�OSE,�ifC SOHr1laew Lou /, 4W4l vCD. oE.E 6m.0 5537, �.a6d./VV _ PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE and BASE LINE ROAD PREPARED IN THE OFFICE OF MADOLE AND ASSOCIATES, INC. - OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING - fplN. MaunW�Aw.S� iMl" UPLAND, CALIFORNL TN PROPOSED' PARK SITE 003 47Ace45�s) 9 47T'S7 �_!• 3026.00' xi SCALE I:Y /'-SOO' M.00.00. I N PA 10aw. AU2 IVAW- /O.OAK /0 AC /OAW- /O.Ci71A'. 13.47Ac. 4° 1U O it .g N 29'ss'3j'wj'.^ /fi0001/C. 1 N DI IG.9E' I� 1 N 00'Of' /8'C N 87 ss,4='W t3IS5 71—Ale .E'OAO 9596.79 - - - P 4 /AV /o2 ALYB L/N6 / 6 EASFyL•'.(/T P6R A900K E SO. CAL /F ED /s»NCt7 86771 R,44E 4VIP -- elosd'"fi r11111E SAW 7075 Asa& 72Z 0 -e. 60'!Y /AE EASCA1wvr "R ROAD 'oveAws6f ip6 Aw "fw pA6E 6?G D,P, PREPARED IN THEOFFICE OF N H MADOLE AND ASSOCIATES, INC. EXHIBIT D COOF NSULTING CIVIL �ENON ERRING ( RELEASE MAP 1 AND LAND PLANNING AgtlN. Haun4ln Aw.9WN AV UPLAND, CALIFORNIA 9178E Y/P�� PHONE p11I 94 &-f / 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1984 -1985 . A LIEN NOT YET PAYABLE. 2. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1983 -84 TOTAL AMOUNT , $3.275.30 FIRST INSTALLMENT : $1,637.65 PAID SECOND INSTALLMENT , $1,637.65 EXEMPTION : NONE TAX CODE : 15048 TAX PARCEL NO. : 202 - 221 -25 AFFECTING = PARCEL NO. 1 GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1963 -84 TOTAL AMOUNT : $4,256.68 FIRST INSTALLMENT : S2,128.34 PAID SECOND INSTALLMENT : $2,128.34 EXEMPTION : NONE TAX CODE 15048 TAX PARCEL NO. : 202- 221 -14 AFFECTING : PARCEL NO. 2 - 3. •THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA•. 4 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, INCIDENTAL PURPOSES. SN BERNO FLOOD CONTROL DISTRICT FOR : FLOOD CONTROL PURPOSES RECORDED JUNE 4, 1943 IN BOOK 1608 PAGE 33 OFFICIAL RECORDS AFFECTS A STRIP OF LAND 100 FEET IN NIDTH 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : SOUTHERN CALIFORNIA EDISON COMPANY FOR : GUY HIRES, POLES RECORDED SEPTEMBER 18, 1961NINABOOKR5337 PAGE 410 OFFICIAL RECORDS AFFECTS A STRIP OF LAND 4 FEET IN MIDTH .j AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. EXHIBIT E 1 of T IN FAVOR OF + CUCAMONGA COUNTY HATER DISTRICT FOR + PIPE LINES RECORDED OCTOBER 27, 1961 IN BOOK 5571 PAGE 258 OFFICIAL RECORDS AFFECTS ANY DEDICATED ROAD WAY OF ANY SUSDIUISIOH OR AS SAME MAY HEREINAFTER BE DIVIDED. 7. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION FOR , ROAD PURPOSES RECORDED = DECEMBER 28, 1962 IN BOOK 5625 PAGE 636 OFFICIAL RECORDS AFFECTS + A STRIP OF LAND 60 FEET IN WIDTH 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED , JANUARY 15, 1968 AMOUNT , *Z93,300.00 TRUSTOR F.O.M. INVESTMENT CORP., A CORPORATION TRUSTEE LYTTON FINANCIAL CORPORATION, A CORPORATION BENEFICIARY LYTTON SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION RECORDED JANUARY 16, 1968 IN BOOK 6959 PAGE 190 OFFICIAL RECORDS. 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED , AUGUST 28, 1978 AMOUNT , S2,660,539.53 TRUSTOR = LEHIS DEVELOPMENT CO.. A CALIFORNIA GENERAL PARTNEP.SH TRUSTEE • TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPO BENEFICIARY > CUCACAL CORPORATION, A_PSLAMPRE CORPORATION RECORDED , AUGUST 28, 1978 IN -,2505 PAGE 1608 OFFICIAL RECORDS. .I., .; ,' 1 THE EFFECT OF A RELEASE AGREE UPOR THE TERM AND PROVISIONS THEREIN EXECUTED BY CUCACAL CORPOP.AT , A DELANARE COR ORATION AND LEN1S DEVELOPMENT CO., A CALIFORNI NRP01!fITTBN. AFF CTING SAID DEED OF TRUST AND RECORDED APRIL 10, 979 IN BOOK 96 PAGE 1101 OFFICIAL RECORDS. AN INSTRUMENT PURPORTS TO MODIFY RMS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY , CUCACAL CORPORATION, A DELANARE CORPORATION AND LEWIS DEVELOPMENT CO., A CALIFORNIA GENERAL PARTNERSHIP RECORDED < AUGUST 21l91991 AS INSTRUMENT NO. 81- 185810 OFFICIAL RECORDS. 1 B. EXHIBIT E PAGE 2 of 3 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : SOUTHERN CALIFORNIA EDISON COMPANY FOR : POLE LINES RECORDED : DECEMBER 19, 19522 IN BOOK 3075 PAGE 322 OFFICIAL RECORDS AFFECTS : BEGINNING AT A POINT ON THE NORTH LINE OF BASE LINE ROAD, AS THE SAME HOW EXISTS, DISTANT 1360 FEET EAST OF THE NEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 36: THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 3.145 FEET 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : JULY 15, 1980 AMOUNT : $5,000,000.00 TRUSTOR : WESTERN PROPERTIES, A GENERAL PARTNERSHIP; LEWIS DEVELOPMENT CO., A GENERAL PARTNERSHIP; LEWIS CONSTRUCTION CO., INC., A CORPORATION TRUSTEE : TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : WEYERHAEUSER. VENTURE COMPANY, A NEVADA CORPORATION RECORDED : JULY 17, 1980 INSTRUMENT NO. : 80- 159728 OFFICIAL RECORDS _SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER. REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED MAY 14, 1981 EXECUTED BY : LEWIS DEVELOPMENT CO., A CALIFORNIA GENERAL PARTNERSHIP RECORDED AUGUST 21, 1981 AS INSTRUMENT NO. 81- 185809 OFFICIAL RECORDS. SUBORDINATED TO ITEM NO. 9 12. AN EASEMENT AFFECTING ALL OF SAID LAND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF : SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR : TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES RECORDED : MARCH 24, 1982 AS INSTRUMENT NO, 82- 056917 OFFICIAL RECORDS 13. AN EASEMENT AFFECTING ALL OF SAID LAND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF : SAN BERNARDINO COUNTY FLOOD CONTROL-DISTRICT FOR : TEMPORARY PUBLIC ROADWAY DETOUR RECORDED : MARCH 24, 1982 AS INSTRUMENT NO. 62- 056919 OFFICIAL RECORDS EXHIBIT E PAGE 3 of 3 1% RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: LEWIS HOMES ATTN: Legal Department 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 TERRA VISTA PARK DEVELOPMENT AGREEMENT NO 1 This Terra Vista Park Development Agreement No. 1 (the "Agreement ") is made the day of 1984, by and between LEWIS CONSTRUCTION CO., INC., a California corporation, WESTERN PROPERTIES, a general partner- ship, LEWIS HOMES OF CALIFORNIA, a general partnership, and LEWIS DEVELOPMENT CO., a general partnership (hereinafter collectively referred to as "Lewis "), and the CITY OF RANCHO CUCAMONGA, a Municipal corporation (hereinafter referred to the "City "). R E C I T A L S A. The City of Rancho Cucamonga is an incorporated general law city existing under the laws of the State of California. B. Lewis controls certain real property within the City which is known as Terra Vista and which is referred to herein as the "Planned Community ". This Planned Community includes an area of land beginning at the intersection of Haven Avenue and Foothill Boulevard; thence traversing north along the centerline of Haven Avenue to the south right of way of the Pacific Electric Railroad; thence east to the easterly boundary of the Deer Creek Flood Control Channel; thence southwesterly along said boundary to the centerline of Base Line Road; thence east to the centerline of Rochester Avenue; thence south to the centerline of Foothill Boulevard; thence west to the beginning point, being the intersection of Haven Avenue and Foothill Boulevard. C. On the 16th day of February, 1983, the City adopted Ordinance No. 190, approving Planned Community Zone No. 81 -01 for the Development of the Planned Community. By that action the City Council established that development within Terra Vista should be "regulated by the adopted Planned Community Text entitled Terra Vista and in part by the Rancho Cucamonga Zoning Ordinance." That text shall hereinafter be referred to as the "Community Plan ". Terra Vista Development Agreement No. 1 Page 2 D. Lewis seeks to develop the Planned Community in the manner contem- plated by the Community Plan and by law, and desires that the City, acting through its Council, make certain determinations and decisions regarding the development of the Planned Community which are related to the exercise of City powers pursuant to the Community Plan and the Municipal Code. E. Article 2.5 of Chapter 4, Division 1, Title 7 of the California Government Code consisting of Sections 65864 - 65869.5 authorizes the City to enter into binding development agreements for the development of real property with persons having legal or equitable interests in such property. Lewis and the City desire to enter into a development agreement with respect to development of public and private park and recreational area in Terra Vista and proceedings have been undertaken in compliance with applicable rules, regulations, and laws. City and Lewis acknowledge that the Code states that a development agreement shall contain, among other things, terms and conditions related to "the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes." The topics of permitted uses of the Terra Vista property, height and size of buildings, as well as reservation or dedication of land for public purposes (except for the public park and recreational areas affected by this Agreement), are not relevant to the subject matter herein contained and therefore are not included in this Agreement. As between themselves the parties intend to be contractually bound and desire that the provisions of agreement be governed by that Article 2.5, and they therefore waive any objections regarding the sufficiency of this Agreement with respect thereto. F. The City acknowledges that by electing to enter into contractual agreements such as this one, the obligations of which shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future Councils to the obligations undertaken in such agreement, and shall limit future exercise of certain governmental and proprietary powers of the City. v Terra Vista Development Agreement No. 1 Page 3 The terms and conditions of this Agreement have been found by City Council to be fair, just, and reasonable, and the Agreement is thereby intended to bind Lewis and the City for its duration. G. In obligating the City pursuant to this Agreement, the City Council has elected to exercise certain governmental and proprietary powers, and in exercising these powers at the present time, rather than deferring such exercise to some undetermined future date, the City Council has determined that the City is acting within the law and within the powers granted pursuant to the California Constitution and statutes promulgated thereunder, and has concluded that the economic interests of the City and its citizens, as well as considerations related to public health, safety, welfare, and enjoyment will be best served by this course of action. H. The City wishes to facilitate implementation of its General Plan and the Community Plan. The elements of this Agreement are deemed to be major and important steps in furtherance of comprehensive planning objectives contained within those documents. The planning objectives which are advanced through this Agreement include the City's goals: (1) to provide park and open space areas for Terra Vista, (2) to provide a reasonable balance between parks and housing as the Terra Vista Planned Community develops, (3) to insure that parkland in the amount contemplated in the General Plan and Community Plan will be available in the Planned Community as it develops without regard to the outcome of future litigation or legislation which might result in changing the original intent of the park and open space concept were it not for the provisions of this Agreement. I. The City Council has found that this Agreement is consistent with the General Plan of the City and the Community Plan of the Terra Vista Planned Community. Terra Vista Development Agreement No. 1 Page 4 J. On 1984, the City Council of Rancho Cucamonga adopted Ordinance No. approving this Terra Vista Park Development Agree- ment No. I and authorizing the undersigned Mayor and City Clerk to execute same and by that action bind the City thereby. Said Ordinance took effect , 1984. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATIONS, the parties hereto agree as follows: 1. This Agreement shall be effective and the obligations of the parties hereunder shall arise only as of the Effective Date of City Ordinance No. , (hereinafter referred to as the "Effective Date ") which Ordinance authorizes the City to enter into this Agreement, and shall terminate thirty (30) years thereafter or at such other time as may be agreed upon by the parties. This Agreement is entered into by Lewis in order to assist the City in satisfying the planning objectives of the General Plan and the Community Plan and in consideration of the City exercising certain governmental and proprietary powers at the time of execution of this Agreement rather than at some future date. 2. The City confirms it has adopted and agrees it will administer according to its terms that certain Park Implementation Plan for Terra Vista attached hereto as Exhibit "A" and incorporated herein by this reference, hereinafter referred to as the "Park Plan" 3. Lewis agrees to dedicate and /or reserve for park and recreational purposes certain areas in the Planned Community according to the provisions of this Section 3 of this Agreement. It is agreed that park exaction requirements for the entire Planned Community pursuant to the General Plan, the Community Plan, City Municipal Code Section 16.32, or any supplemental laws, regulations, or policies are, and shall be. binding on both Lewis and the City as specified in the Park Plan. Terra Vista Development Agreement No. 1 Page 5 3.1 If the estimated Terra Vista population computed based on expected residential density as defined in Section 66477(b) of the Government Code is projected to be higher or lower than anticipated, requirements for the portion of the Planned Community not yet developed shall be increased or decreased, not more often than biannually, in the manner described in the Park Plan. 3.2 In the event that certain density bonuses are granted as a result of agreements by Lewis or any other builder in Terra Vista to build affordable residential housing, or for any other reason, any areas included in such residential developments which qualify to meet that project's private open space requirement pursuant to this Agreement shall not be deemed to be an incentive provided pursuant to Government Code Section 65915 et she . by the City for affordable housing. Nothing in this Agreement shall be construed as prohibiting the City from waiver of park exaction requirements for affordable housing projects. 4. Each party agrees that so long as the other party is not in breach or default of the provisions of this Agreement it will forever abide by provisions of the Park Plan regardless of changes in law. Lewis hereby waives any claim that the park dedication and improvement requirements established herein may be in excess of what may be legally required by the City. Each party further further agrees, so long as the other is not in breach or default of the provisions of this Agreement, not to participate, except to defend itself, in any litigation related to the Park Plan or this Agreement in a role adverse to the other. 5. City shall review this Agreement at least once during every twelve- month (12- month) period following the Effective Date hereof, in accordance with Government Code Section 65665.1. 6. City specifically agrees that it has no right or power whatsoever to require Lewis to begin development, or continue development once Terra Vista Development Agreement No. 1 Page 6 begun, of the Terra Vista Planned Community, and that the park and recreational dedication requirements of Section 3 of this Agreement will only be met in the event and to the extent that the Planned Community is actually developed. 7. This Agreement shall be enforceable and performed according to its terms, and shall be governed by the Park Plan in the form incorporated herein, notwithstanding any subsequent amendments which may alter or amend City's rules, regulations, or policies governing parkland dedication or development. During the period of this Agreement the City shall not undertake to reduce the Planned Community base density at mid -range density as originally adopted in the Community Plan below 8000 dwelling units. The parties acknowledge that the Community Plan specifies that the total number of dwelling units in Terra Vista shall not exceed nine thousand two hundred (9,200) units. Notwithstanding the foregoing, however, Lewis and the City may at any time in the future mutually agree in writing to amendments to the Community Plan and /or this Agreement regarding any of the provisions contained herein. 8. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice, in writing (the "first notice "), specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. In the event such breach or default is not cured during such period, the non - defaulting party may enforce this Agreement by arbitration as provided herein, or by bringing an action in law or equity, and the parties agree that subject to the limitations contained in Section 6 hereof, specific performance shall be an appropriate remedy to be sought. 9. In the event that any state or federal law or regulation enacted, adopted, or interpreted after the date of this Agreement, or judicial determination or other action of any governmental entity not under the control of City, shall excuse, prevent or preclude compliance with any Rev. 052284 Terra Vista Development Agreement No. 1 Page 1 of the provisions hereof, such provisions shall nevertheless only be excused, and shall only be modified or suspended, to the extent and for the time necessary to achieve any mandatory compliance with said law, regulation, determination or other governmental action, and the remaining provisions of this Agreement shall be in full force and effect. Upon repeal or invalidation of said law, regulation, deter- mination or other governmental action or occurrence of other circum- stances removing the effect thereof upon this Agreement, the provisions hereto shall be restored to their full original effect. 10. The parties agree that this Agreement shall not bind any lender providing construction,or permanent financing for any improvements in the Planned Community, nor any developer of non - residential subdivi- sions. No provision hereof shall defeat, render invalid, or limit any mortgage, deed of trust, or similar security interest applicable to such improvements or development, and the parties agree to negotiate in good faith to modify any of the provisions of this Agreement based on reasonable requests by the other party, lending institutions, title companies, bond counsel or similar categories of interested persons. 10.1 At the time Lewis is entitled to obtain building permits for any work of construction in Terra Vista, and upon written request, the City will issue in a form suitable for recordation a Certifi- cate of Compliance with respect to the real property to be so improved. The Certificate of Compliance shall constitute, and shall so state, conclusive determination of satisfactory comple- tion of the requirements of this Agreement with respect to the property to which it relates. After issuance of such Certificate of Compliance, which issuance may not be unreasonably withheld, any party then owning or thereafter purchasing, leasing, or otherwise acquiring any interests in said property shall not incur any obligation or liability under this Agreement. 11. Either party may elect to arbitrate any dispute arising under this Agreement. In the event of such election, the procedure of this Section shall constitute a binding and unappealable procedure for Terra Vista Development Agreement No. 1 Page 8 arbitrating and resolving any such dispute. Election of either party to arbitrate shall be made by filing a demand in writing with the other party. The demand shall be made within twenty (20) days after the occurrence of the event causing the dispute, or within ten (10) days after the first written notice by either party that further negotiation is unlikely to result in a compromise resolution of the matter. If Lewis and the City agree on the selection of an arbitrator, there shall be only one arbitrator. If no agreement is reached within ten (10) days after demand for arbitration, there shall be three (3) arbitrators, one named in writing by Lewis and a second by City and a third chosen by the two who are appointed. If the two so chosen cannot agree on a third within ten (10) days thereafter, either party may petition the San Bernardino County Superior Court to appoint an arbitrator, who in that event must be a former California Superior Court judge. If there is one arbitrator, his decision shall be binding; if there are three arbitrators, the decision of any two of them shall be binding. No one shall act as an arbitrator who is in any way financially interested in the work or business affairs of either party. Should either Lewis or the City refuse or neglect to appoint an arbitrator within twenty (20) days after the initial demand for arbitration or to furnish the arbitrators with any necessary papers or information, the arbitrators, one or more, appointed in compliance with this Section, are empowered by both parties to proceed ex parte. The decision of the arbitrators shall be final. The arbitrators, if they so deem, are authorized to award to the party whose contention is upheld such sums as they deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay. The arbitrators shall fix their own compensation, unless otherwise agreed on, and shall assess the costs and charges of the arbitration on either or both parties. Terra Vista Development Agreement No. 1 Page 9 12. This Agreement, upon becoming effective in the manner herein provided, constitutes the sole and only agreement between the parties as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and /or representations, express or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties which are not expressly set forth herein; and if either party has attempted to make such covenants, warranties, and /or representations, promises, or prior agreements, the same are each superseded hereby and waived. 13. The parties hereto are acting as independent entities and this Agree- ment shall not constitute a partnership, agency, or other business relationship between or among them. 14. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writ- ing, All notices and demands may be personally served or shall be sent by United States mail, postage prepaid, addressed to the address herein designated or to such other place as a party may from time to time designate in a notice given in accordance with this paragraph. 15. Each provision contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto. 16. In the event of any action or proceeding brought by any party against any other under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable as attorneys' fees, whether or not the proceeding continues to judgment. 17. Time is of the essence for each provision of this Agreement of which time is an element. Terra Vista Development Agreement No. 1 Page 10 18. The Recitals to this Agreement are incorporated herein and by this reference made a part hereof. 19. This Agreement, or a memorandum thereof, in a form acceptable to the parties hereto, shall be recorded in the Official Records of the County of San Bernardino within ten (10) days after the Effective Date hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date herein provided. "Lewis" LEWIS CONSTRUCTION CO., INC. a California corporation 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Its WESTERN PROPERTIES, a general partnership 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Authorized gent "City" CITY OF RANCHO CUCAMONGA, a Municipal Corporation 9320 Base Line Road, Unit "C" Rancho Cucamonga, CA 91730 By: Mayor JPW:drh /918WW 052184 LEWIS DEVELOPMENT CO., a general partnership 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Authorized Agent LEWIS HOMES OF CALIFORNIA, a general partnership 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786 -0670 By: Authorized gent ATTEST: City Clerk PARK IMPLEMENTATION PLAN FOR THE TERRA VISTA PLANNED COMMUNITY 1. INTRODUCTION This Park Implementation Plan explains how the Terra Vista Planned Community's open space system will be developed as the community grows. This plan serves four purposes: • To delineate the community's park requirements under Section 16.32 of the Rancho Cucamonga Municipal Code and Ordinance No. 190 of the City of Rancho Cucamonga. • To Identify the park and recreational facilities X = and contributions that are to be provided to satisfy these requirements. ..:� • To establish specific mechanisms by which Incremental contributions to this system will be made by residential projects. • To provide guidelines that will govern the phasing of the system. Except where this plan specifically provides otherwise, all aspects of Terra Vista's open space system shall be as set forth in the original version of the Terra Vista Community Plan, adopted February 16, 1983 by Ordinance No. 190, and all references herein to the Community Plan shall be to that document. THE COMMUNITY'S PARK REQUIREMENTS The park standard governing Terra Vista calls for three acres of developed park and recreation area for every 1,000 projected residents. City of Rancho Cucamonga Municipal Code Section 16.32 requires that each new residential project provide the equivalent of: • Land equal to three acres for every 1,000 anticipated residents of the project (.003 acres per person). The number of residents for each type of dwelling is estimated based on census data. The cost of Improving this amount of land as a park or recreation facility. The average development cost per acre of park land in Rancho Cucamonga is periodically set by City Council resolution. The park standard of three Improved acres of park and recreation area per 1,000 projected residents will apply to Terra Vista throughout the community's development. The standard will be satisfied primarily through public park facilities, and partially by private open space and recreation areas. Terra Vista's park requirement under this stan- dard has been set by Ordinance No. 190 at 55.8 acres. This figure reflects a long -range population projection of approximately 18,600, based on Terra Vista's base density of 8,000 dwelling units as defined in the Community Plan. The community's actual population, and the park area needed to serve it, may ultimately vary from this estimate. This Implementation Plan will respond to such changes in the following ways: Up to 1,200 additional homes over the base density may potentially be built in Terra Vista as density bonus incentives for affordable housing. The park requirement for any such homes will be in addition to that for the community at Its base density. Park contribu- tions generated by these homes will be used to augment the local park and greenway system, either by enlarging facilities not yet constructed, or by adding recreational amenities, or through credit granted for private open space. 2. The City Intends to acquire a ±100 -acre site within Terra Vista for a Central Park. Should the City terminate Its acquisition of the site in some future year before all the property had been paid for, some number of homes would be developed on the land that the City had re- linquished. Park contributions from any such homes will be used either for constructing improvements at the Central Park or for local park and recreation facilities within Terra Vista, at the City's discretion. 3. Aside from the possible additional dwellings identified above, the number of dwellings in any area of the community may vary from the general planning assumptions used in the Community Plan. This may occur either from development at higher or lower than average densities within the established land use, or by changes in land use designations. Variations in density will generally have little effect on the public park system. The number of dwellings in any particular area can vary substantially without having much effect on public park needs in that area. For instance, if dwelling unit densities are lower than assumed, there will be fewer homes in the area; but the family size per home will gener- ally be higher, and there will generally be less private open space, than at higher densities. Overall, the net result of tuese two factors would be that the public park area required would remain approximately the same. Simi- larly, if densities are higher than assumed, smaller household sizes and greater private open space would automatically offset most of the effect of the greater number of homes. Over time, any remaining discrepancies will be balanced out by corresponding density adjust- ments in other areas. Variations in density, within the parameters established by the Community Plan, are to be expected. Because they will balance out over time as explained above, the distribution of facilities in the park and greenway system will not be changed in response to such fluctu- ations. 4. Household sizes for different types of homes can be expected to vary over time. New household size data, as reported in census results, will automatically be applied to the areas of Terra Vista not yet developed, for purposes of computing park fees. However, because average family sizes may be expected to change in the future, caution should be exercised in changing the long -term park plan for Terra Vista on the basis of census findings for any particular year. The community's park plan will be modified to reflect census results only if and when detailed demographic projections support such a change. 5. The variations discussed above are within the planning parameters of the Community Plan as approved and do not require plan amendments. Possibly, though, major amendments to the Community Plan might occur which would have a significant effect on the public park system. Examples would be a substantial increase or decrease in the total number of dwellings for the community; a substantial change in the projected population of the community as a whole; changes in the number of schools or their general locations; or designation of a substantial area of the project for non - residential use. The park plan can be modified to respond to such changes over time. Regardless of any other adjustments that may occur, however, certain elements of the Terra Vista park pro- gram are permanently fixed by this Implemen- tation Plan and cannot be changed without the mutual agreement of both the project sponsor and the City. These are: The park standard shall be three Improved acres per 1,000 anticipated residents. Terra Vista's public park and greenway system shall be 97.6 acres in size, as explained below, and shall be Increased or decreased in proportion to expected popu- lation changes only as provided in para- graphs 1 through 5 above. Parks in joint use with schools will not be smaller than five gross acres unless the City determines a reduction is warranted, and will in no event be smaller than three acres. The two parks on Church Street will serve joint stormwater detention purposes substantially as provided in the May, 1984 master plan of drain- age for Terra Vista, will receive 1009 credit as park facilities, will be located and configured substantially as shown In this plan, and will not be smaller than five and eight gross acres respectively. All local parks, trails, greenways, and nodes to be developed will receive 1009 credit as public park and recreation facilities under Municipal Code Section 16.32. Private recreation areas and open space will be credited against park and open space require- ments as provided in this plan. III. THE PARK AND RECREATION SYSTEM The implementation program which follows is de- signed to implement a park and recreation system consisting of two parts: • The public park and greenway system des- cribed In the Terra Vista Community Plan, which has been enlarged to 47.6 acres. • Privately owned open space and recreation facilities. Acquisition and development of the. ±100 -acre Central Park proposed by the General Plan, which Is located within Terra Vista, will occur separately from this implementation program. A. The Public Park and Greenwav Svstem Terra Vista's public park and greenway system Is an interconnected network providing recreation, open space, community linkage, and aesthetic benefits for the entire community. A detailed description of the system is given in Chapters III and IV of the Terra Vista Community Plan. A total of about 114 acres is Included in the greenway system, of which 47.6 acres will be dedicated to the City and the balance will be school sites Jointly used for recreation and community purposes. The system consists of the following facilities: • Schools • Local parks E The major greenway The trail system The acreage of each portion of the greenway sys- tem, excluding school sites, appears in the Park Acreage Plan on the following page. The Park Acreage Plan shows the gross acreage of parks and the net acreage of other portions of the system. The overall distribution of uses is as follows: Tr y of Use Acreage Greenway 5.12 Trails 4.48 Total Tr..0 All facilities In the public park and greenway system shall be located and sized substantially in accordance with the Park Acreage Plan. The development standards which follow Identify the variations therefrom that are permissible. B. Development Standards The Community Plan provides conceptual plans for most elements of the park and greenway system, All design and development standards shall be as shown in the Community Plan, unless otherwise noted below. Schools. Joint use of school and park facili- ties �s an important aspect of the Community Plan. The City shall work with the school districts to assure that school site plans pro- mote this concept. • Local parks. Plans for parks will be devel- ok-a-_15-y-the City, in accordance with the guidelines of the Community Plan, with careful attention to the joint use role of each park. Park sizes shall be in substantial conformance with the Park Acreage Plan. Parks in joint use with schools may not be smaller than shown unless the particular size and layout of the adjoining school are determined by the City to warrant such reduction, and shall in no event be smaller than three acres. Parks not in joint use with schools shall not be smaller than indicated; these parks may be dedicated, and improved for drainage purposes if necessary, prior to their development as park facilities. Parks may be enlarged only if it can be demonstrated that this will not re- quire a reduction in other portions of the park and greenway system not yet constructed. Basic park Improvements will include turf, trees, plant materials, fencing, irrigation, drainage improvements, security lighting, walkways and hardscape, permanent restrooms, PARK ACREAGE PLAN 1, L, .13 Acreage of park or PARKS 38.00 ACRES greenvay /trail segment GREENWAY 5.12 ACRES .16• Acreage includes park node TRAILS 4.48 ACRES sized at .05 to .08 acres TO'N'AL 7-60 ACRES N EfMJLrI O M NN 7 appurtenances such as signage, benches, drinking fountains, and bike racks, adjoining street improvements, and parking areas if nec- essary. In addition, each park Is intended to provide at least four of the following amenities: Children's playground /tot lot Hard court areas Exercise course Picnic areas with tables, barbecues, shade shelters, and appurtenances Playfieki and apparatus Other amenities similzr to the above The City shall budget its park Improvements so as to assure that all portions of the park and greenway system can be adequately funded. The development cost component of the park fee applied to Terra Vista shall not exceed that applied elsewhere In the City. The major greenway. Conceptual plans for the major greenway appear in the Terra Vista Community Plan. Construction plans for each portion of the system will be prepared by the City or the project sponsor at the time of development. The size of specific segments and park nodes may vary from the Park Acreage Plan, depending on design. The improvements for the major greenway are described in some detail in the Community Plan; they generally include 10' bicycle paths, 6' decomposed granite pedestrian paths, trees, shrubs, groundcover, irrigation, occasional benches, and lighting for security. Bicycle paths will be constructed of concrete. Addi- tional treatments are called for at park nodes and parks. A pedestrian underpass connects the greenway across Milliken Avenue. Fencing along the greenway system will be provided by the ad- joining private developments. Trails. The sizes and locations of trails and associated park nodes may vary from the Park Acreage Plan depending design. Plans for trails adjoining parks and/or schools will be prepared In conjunction with the park or school site plans. Plans for other trails will generally be prepared by developers as part of the adjoining subdivision or street Improvement plans. Trail improvements will consist of 61. pathways, trees, and landscaping, as described in the Community Plan. Pathways will be constructed of concrete. Lighting will be provided to the extent necessary for security purposes, al- though in general, the trail system should rely upon lighting in adjoining developments or streets to the extent possible. Where fencing of the trail system is appropriate, it will be installed by the adjoining developments. Park nodes along the trail system will be Improved with turf, trees, and plantings. A pedestrian bridge connects the trail network across the Deer Creek flood control channel. The regional trail planned along the Deer Creek flood control channel Is not included in this Implementation Plan and will be Improved by others. C. Private Open Space Private open space and recreation facilities partially offset the need for corresponding public facilities, at no cost to the public. Therefore, private open space in Terra Vista will be granted credit against park requirements If it is: • Exclusive of required yards and setbacks, • To be privately maintained under written agreement, • Restricted for recreational purposes by record- ed covenants which run with the land and cannot be defeated or eliminated without the consent of the City Council, • Fifty percent active in design and function and reasonably contiguous in nature, and • Useable for recreational purposes, including at least three amenities such as swimming pools, game courts, children's play apparatus, bar- becue /picnic areas, recreation buildings, or other recreational Improvements that will meet the recreation needs of the residents.. Any project containing private open space and recreation facilities which meet the above standards will receive credit against the park requirements of Municipal Code Section 16.32 for the private re- creation area provided, but not to exceed 504 of the project's park requirements. Credit for private open space will be granted on a square footage basis, against the total square feet of Improved public park otherwise required. 9 At the community's base density, credited private open space is intended to meet 8.2 acres of the total 55.8 -acre park requirement for the commun- ity. Unless the community's total park requirement changes from 55.8 acres, credit against this requirement for private open space shall not exceed 8.1 acres unless specifically approved by the City as development progresses. The maximum . Towable private open space credit shall be increased or decreased by 508 of any change from 55.8 acres in the community's total park requirement. Projects will be granted full credit for private open space, according to the formula of this Plan, until this limit is reached, after which credit will no longer be granted except in the discretion of the City. D. The Central Park Acquisition and development of the Central Park by the City will occur separately from the development of Terra Vista's park and greenway system and is therefore not included in this plan. The Community Plan's requirement for dedications at the Central Park site has been satisfied by other means, through enlargement of Terra Vista's park and greenway system and provision of private recreation areas within the community. 10 IV. PARK CONTRIBUTION MECHANISMS Each residential development in Terra Vista will meet its park requirement at the time of develop- ment as follows. 1. Public and private recreation areas within or adjoining the project for which park credit is requested wilt be identified in the development submittal. 2. At tentative map approval, the Planning Com- mission will condition each project to comply with this Park Implementation Plan. The tentative map as approved by the Planning Commission will Identify those public and Private areas within the project for which park credit Is to be granted. 3. Any public park areas to be Improved within the development and credited against fees will be offered for dedication on the final map. 0. At the time building permits are issued, the developer will meet the remaining park requirement (after credit for public or private recreation areas to be developed within the project) by contributing to park facilities offsite from the project In one or more of the following ways: a. Dedication of raw land for local park facilities and payment of the development component of the park fee for that acreage. b. With City approval, improvement and dedication of local park facilities. 11 C. With City approval, Improvement of pre- viously dedicated land for Iccal park facilities. d. Dedication of raw land for local park facilities. Payment of fees. Dedications of land for park facilities will typically occur in small increments. These dedications will not require maps, unless otherwise required by law, but must be contiguous to one another. If the precise boundaries of the local park facility are not yet determined, the developer may submit an offer of dedication which would later be conformed to the final site boundaries. Developer commitments for offsite park improve- ments in lieu of dedications and /or fees (when approved by the City) will be credited based on the City's estimated cost of the improvements un- less the developer demonstrates a higher actual cost. Commitments for Improvements shall be doc- umented to the City's satisfaction prior to the issuance of building permits. All park fees, dedications, and improvements con- tributed by projects in Terra Vista will be used only for development and /or acquisition of the Terra Vista local park and greenway system. All park land shall be developed as soon as feasible. With City approval, a developer may voluntarily (but may not be required to) contribute additional land, fees, or Improvements for the park and greenway system, over and above the amount required. The developer shall have the choice of (a) accepting credit against his future park obligations or (b) being reimbursed with park fees paid by others. 12 V. PARK PHASING PROGRAM A. General Objectives There are three overall objectives that will govern park development phasing in Tart- Vista. Regardless of changing circumstances over time, the City shall: • Expand the park system in approximate balance with the community's population growth, so that: (1) New residents will have adequate park facilities available to them within a reasonable time, and (2) Park facilities will not be developed before an adequate population exists to support their maintenance and operation. • Assure that the major greenway and trail connections serving the community as a whole are developed in a timely and systematic man- ner, so that the open space system will be coherent and useable. • Apply park contributions in a way that will directly benefit the homes that have generated them. Policies for Use of Park Contributions The park contribution from any project in Terra Vista will first be applied, as a matter of course, to the local park and greenway system elements in the project's vicinity. Only after all local facilities are dedicated and Improved will the contribution be applied in another area. Exceptions to this rule 13 will occur only if there is a mutual agreement by both the Community Services Director and the sponsor that deferral of local improvements is in the interest of the community. When park contributions are applied outside the immediate area of development, they will be used in one of three ways: • To initiate dedication and development of the park and greenway system in the next area scheduled for residential development. • To complete a link in the system which, al- though development adjoining It is not sched- uled to occur immediately, has become necessary to properly serve the development already in place and under construction, • To "bank" future dedication and development of the major greenway and related parks. The core of the greenway system, located in the southern quadrants of the community, will not be funded solely by the park contributions of homes in the immediate area. Park contributions from all areas of the community will be "transferred" to this area in order to fund the major greenway and nearby parks. Excess park fees generated in other areas may therefore be accumulated for some period of time (up to five years) for later use in this area. As the community develops, the City and the project sponsor will work together to assure timely and coherent development of the park and green - way system. 14 RECORDING REQUESTED aY .we w,wn .ece.we n,�, re r I car a4w. w• ar h• ABOVE THIS UNE FOR RECORDER'S USE Individual Grant Deed The undersigned grantor(s) dmhre(s): Documentary trwfer tax u 11 -0- e . ( ) computed on full value of property conveyed, or ( ) computed on full value ku value of of liens and encumbrances remaining at rime of sale. ( *)Exempt per Revenue antd of Code Section 11922. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LEWIS CONSTRUCTION CO., INC., a California Corporation, and LEWIS DEVELOPMENT CO., a General Partnership (hereinafter referred to as "Grantor "), hereby GRANT(S) to the CITY OF RANCHO CUCAMONGA, a California Municipal Corporation (hereinafter referred to as "Grantee ") , the fnihmanpdnniiai real property in the City of Rancho Cucamonga, County of San Bernardino , State of California as described on Exhibit "A ", attached hereto and made a part hereof; SUBJECT, however, to any and all restrictions, covenants, conditions, easements, reser- vations, rights, and rights of way, and outstanding mineral Interests, if any, as may be contained in the Official Records of San Bernardino County, California, and those certain matters contained in Exhibit "B" of this Deed, which Exhibit is attached hereto and made a part hereof. Dated STATE OF CALIFORNIA COUNTY OF SS. On belare m. the under. signed, a Notun Public in and for and Sure, peronallf appoord LEWIS CONSTRUCTION CO., INC., a California Corporation Bv: resit LEWIS DEVELOPMENT CO., a go,,., partnership By: Authorized Anent known to ne to be the Want h.. vane_ aubacribed to thr within iaVUment and acknowledged that -vacmed the same. WITNESS my hand and oawul ask. Signature m,u .m ra .gno amn weu Tide Order No. —,crow or Loan No I PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE AND BASE LINE ROAD 1 THAT PORTION OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY 4 RECORDED IN BOOK 32, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDEF 5 OF SAID COUNTY DESCRIBED AS FOLLOWS: c 7 BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE ALON( 8 THE SOUTH LINE OF SAID SECTION 36 NORTH 89 055'42" WEST 17.00 FEET 9 TO THE TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WESTERLY 10 LINE OF A STRIP OF LAND 17.00 FEET WIDE AS DESCRIBED IN BOOK 617, 11 PAGE 200 OF DEEDS ; THENCE CONTINUING ALONG SAID SECTION LINE 12 NORTH 89 °55'42" WEST 3,596.79 FEET TO A POINT ON THE EASTERLY 13 RIGHT -OF -WAY OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 14 (DEER CREEK CHANNEL) PER PARCEL "B" DOC. NO. 82- 056914; THENCE 15 LEAVING SAID SECTION LINE ALONG SAID EASTERLY RIGHT -OF -WAY LINE 16 NORTH 0 °04'18" EAST 55.00 FEET; THENCE NORTH 29 055'33" WEST 46.98 17 FEET; THENCE NORTH 24 057142" EAST 1,407.06 FEET TO A POINT ON THE 18 SOUTHERLY RIGHT -OF -WAY LINE OF SOUTHERN PACIFIC RAILROAD AS DESC- 10 RIBED IN BOOK 527, PAGE 333 OF DEEDS; THENCE LEAVING SAID EAST - 20 ERLY RIGHT -OF -WAY LINE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE 21 SOUTH 88 °57'08" EAST 3025.00 FEET TO SAID WESTERLY LINE OF SAID 22 STRIP OF LAND 17.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE 23 SOUTH 0 °04'50" EAST 1,320.52 FEET TO THE TRUE POINT OF BEGINNING. 24 SAID PARCEL CONTAINS 103.47 ACRES. 25 JN: 126 -644S 26 5/21/84 27 MSC 28 20 PREPARED IN THE OFFICE OF : MADOLE AND ASSOCIATES, INC. 30 545 N. MOUNTAIN AVE. SUITE 105 31 UPLAND, CALIF. 91786 3211 PHONE (714) 946 -2949 Exhibit A Page 1 of 2 .v �.v mar sr7 P.IGE 9d3 ct� LL2rG5• 1 — I $ 0 SGALE c ~,ewwq .HI'I I ti �OEE,PG,2EE,C Cypy,�EC ,�_ P7iE.aasES I I ' iZ=R Extt'S8c^S I ESOdlafftr/e',h'//. SEETioi/ci EGY.Q /y(iOEE,C k� �b -FJ9GE a3C a.Q, I I `�EO %Gdto.✓iJ 15 t`1 GLEE.0 G.s'9'f/'(/lL I I I GA'3F.,NENT %)t.Q 6275' AP2 R h Aar. M T.fUE Po /.�/T06 �t df A/29 ss'33'AV Ora Ar ��NO'04 % /ESS OO' I I �SEGTiGif/ C /,(/E n fv���s�� 6FSE L /A/6 CO.(/.>T,P2/GT /D,�/ �FUTIi�EL .PO.vO OOfEL /,UEBl+SE,s�(C�,17T!'TNFiP.v CQU/ ELiK4VGD. C B.S37OF6,Ef/O ROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE and BASE LINE ROAD PREPARED IN THE OFFICE OF MADOLE AND ASSOCIATES, INC. OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING dWN. unWnAvi.,Sk /Odr UPL LCALIFC TN SAID GRANT BEING FURTHER SUBJECT TO 1. General and special real property taxes for the current fiscal year; a lien not yet due or payable. 2. Deeds of trust now of record. 3. A right of repurchase defined as follows: In the event Grantee does not to develop and continue to use all of the Lots of this Property as public park but instead desires to sell or otherwise transfer all or a portion of the Lots directly or indirectly, then Grantor may exercise a right of repurchase, which right is hereby granted for a period which terminates twenty (20) years from the date hereof, by serving notice of such exercise on the Grantee within sixty (60) days after notification by Grantee of its desire to sell or transfer, and by tendering to the Grantee in cash, within one hundred eighty (180) days after such notification by Grantee the full amount paid by the Grantee for obtaining reconveyance of the portion of the Lot or Lots being repurchased from the'lien of the All Inclusive Purchase Money Deed of Trust of even date herewith. The right of repurchase granted pursuant to this paragraph shall not be appurtenant to the land, but shall belong solely to Grantor and may be assigned only to a business entity, more than fifty percent (50 %) of which is owned and controlled, directly or indirectly by one or more of Ralph M. Lewis, Goldy S. Lewis, Richard A. Lewis, Robert E. Lewis, Roger G. Lewis, Randall N. Lewis, Edwin C. Kimmel, or to any one or more of such individuals or their heirs. Rev. 052284 Page 1 of 1 1a wHgNReaROeouAaro r.� saes AMA .ra . L J SPACE ABOVE THIS LINE FOR RECORDER'S USE LONG FORM ALL4NCLUSIVE PURCHASE MONEY DEED OF TRUST AND ASSIGNMENT OF RENTS roalNFrr'rr, This All-Inclusive Purchase Money Deed of Trust, made this day of, . 1964 between_ the rlTV OF RANrHO ntrAMnNGA .A raIiyoriaila_ herein called TRUSTOR, whoseaddr6515 9320 Base Line Road, "C ", Rancho Cucamonga, CA 91730 InumberaM nmm (eggy) signs) tnpl TITLE INSURANCE AND TRUST COMPANY, A California corporation, herein called TRUSTEE, and LEWIS CONSTRUCTION CO INC As California f ' a c d I Fwa rip S T CO., a General Partnership. , herein called BENEFICIARY. Witnesseth: That Trustol IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST. WITH POWER OF SALE, that mpenl In l_ W_Bernardino County. CalifomiaQggilkil glgypas described in Ex�iWit 'A' attached hereto and made a part hereof. TOGETHER WITH the RmS, issues and profit% thereof, SUBJECT, HOWEVER, to the right, power and authontY hereinafter given to and conferred upon Beneficiary 10 collect and apply such ,ems, issues and profits. For the Purpose of SRCur;ng: including those contained in Exhibit "B", made a I Performance of each agrament of Truster betem mnouned J2 P.rmmt of she gndeMedness es+JencW this oar II<ntlmrve pu¢nuse more h pmsnntory me of even date hemwnh, and an, tension a removal thereof. In the Pnmtpal sum of S R 173, Ken. on esaued by Trunor m f.rorof Bewfnarfs or wale, Underlving Obligations: This is an an unglusne purchase moue, deed of tm.n, secunng an all nodooe pubs," money pmmnwry me in the original pnncm.l amount of Dellan bjr171 el o GQ = ----- (Me 'Nge'I which lnAudes ,thin such ammnl1 ei rid b+Iance of; foil aI Apmmrsson twgn me onPnal pnnnp,l ,Coen er Two Hundred Ninety three Thousand Varese Hundred Rnd001 100---------------------- ----------'-------------------- -Denary 1s7v1�3nn nfF--- - - - - -) -rf.rwof I late... Savin's R Lan, Assadation, a califamia coroorliti on as Noon. sceatW by a dad of logo recoNed January 16 Ifi8_, as Dwcummt Na , in ROSa , Page Ilan - .tylacm Rmma%of San Bernardino County. California, gptt rho A Promissory me in the onggnal pnnnpal sum of Two Million Six Hundred Sixty Thai +sand Fi..a bl adrd Thirty -nine and 511111W_________________________ ______ _________________________ Dollars ($7 660 539 53- mf.rmof Curacal Corporation a nwlawara r nr ra Nrxa �. August 20 osos asP.rm soured by •deed o1 omH recorded , 1�6 , u Dxument No , nn Book .Page 1606 OIf,,u Recoedsor San Bernardino CMr,C.bfam = and *(Continued on Exhibit "C ") ITm Forms" Notes secured by such dealsofttuHanmcestuhttcalled tne'uMerlymg Nwei 1 1b Protect the Security of TMs Deed of Trans lFanor Agaves: III its leap sued pmpeny to goad coMmm and rtpun rya gr ged or a de led li my blsnNtog ay when to malpMe s redoes promyly and In Met workmanlike m.nssa.nr Wilding which mar be constructed. d.maled w destroyed tmrem and 10 WY when due all claims fa I.hm pedormN and murals fumuhed ten. not , roar washall lawsdreny asadprfopeny o my in vi .ny allstmtwso Imp"vemmn t, flrode dermalnot1ocannon,apatron wore ctserfm/, rot to comma, wryer or pe,mn my m upon sal progeny m violation d law. to cullrvate, rmlate, (md,u, fumgue, prune and de ail ahtt ast%whdM1 Iron the cberaner a use d Cod progeny may be to+wuBly necesury. Me speclfe mumeMmns Mrtm rya ncidmg ms gmenl 12) 1, pmncte, merman and debver to Banefaary first, rad.lom and mdduus mnchmf msurfm.. wofanwy ro and with lass payable to Bewfcuey The mown coilaned under any frt or offset Insurance policy may rye applied by Benefclvy ream any tMebledwss ruvmd mreby ad ,n such order u Betefnary may detemmmst, or at wagon of Bemlmary he above mnonnl as collect or my part therm( may be mleased to Truster Such application or mead shall rot cum or ware my default or notce of de(aull hereunder or no.ltdate my . done ransoms Inc such notice The pmwams betmf sal 10 the mutual .gtmrmnis d the puns a bebw an (mh Or 1appeargnanddefendanyanionwp Wmp Wrponmgtoaaan1mmuntymrfmfa1mnghl %wpromodBmstfcnryrTmua,and1opry all cogs "upends, melding cost d evidence of title .d mmrsy's fees in a reasonable sum. to my such aright or ptwadgn, In which &neficgary or Tnva may appear, Bed m any sun brought by Bemfcsary 10 Israel. this Deed, 14l) To pay at lea" ten days before delingtal" all Con rend uudmems .Benmg sand Properly, owleding ummom s no plunenmt wages saes, subFm to the mutual .greemems d the pawn as below set holy. l" pay when due, all tmumbrmns, charges and hms, with interest, on sad properly many Pan tmmef, which.ppa, to be poor or opens yerfno..11.1,. has and asperses of that Trost Should Trumor sal 10 rase any primal w to do an, m as man restricted, then 9enefcgary er Tmarec. but without obligation so to do and stil l Wier to or demand upon Trustor and without rtleasmg Tmstm from my 01,,.00n motor, may make or do use same m such manner and to such gout n rather may deem whceswry to pram the acunry mister. Benefuary or Trustee thing .inhered to enter upon said progeny for soh purposes, appear in and rt roof. defend my aeon or preceedi., hurposdng to Near the snwor, hereof a tR .,hl or powm of Bmefnaty or Trustee, pay, purchase. moles, a compromise any Ia unbfance, chaps, a N. which in rue Yudgmcnt of ellher appears to N pro, a supenor NRio. and, ln <eeNisin, mY such powers. WY uncessay expenses. employ counsel and pay his reasonable fees (d)' pa) Immmlalely and -,rhea demand alt 1-1 so expeidm by Beneficiary or Trustee. with Interest from dale of eepnthnum at ON Amount allowed by law in effm al rue ",A hmM, and wpv for my amement provided for DY law in effect a1 IN doe him( RgaNm, rue nM1li,aion saurm hereby any ameorl demeuod by the BeafieaN Ion in etcoed die maximum allowed by law as IN ties, when sand Iran.., is demamm 161 Thai my shard of damages in conwcnew wish my condemnation for public uw ef or in)ury to std prmpanY or my pan thereof Is hertb) assigned and shall N paid to Nnenciary who ma) apish in release such money' Reeved by him in Me same mariner and with her same effect as abuse provided for dapmnion of pasts offirt a aNnnsuraNe. TN pmvts.ms hero( art subject to rue mutual agrmmemn of the pales es Nlow set IoM fT) net by aceepling paym,m of mY sum secured hereby alter its due dale. Beriefilo ry does lot waive his .,hl mum, m mNum, prom, pay., when due a all aher wm> w smuRd IX 10lleclart default fafailuR sow pay 1 Thal a. any ti ss a fide none to omc, wuNa thNlury tlertfer and wilhoa dais. seised woe of Me, of Beafimary and prs,sensebon o(Nis D 1 and said note for eridmrsemenl. . o wlNOa affming IN ., re ti plat t ee d. Perim ar ng my of IN sndeNmass rs uRrr Nreby, TTmnR may mcmvey my pan of said pmpmy, con Or no IN making of mY mro or plat,Nreof. pin in,nnog my casement dm,nwul.IX)Oln a my extrnvon aBRement my agrtenrcm subadiNting tie lien m thaiye hcROf. IX (9) That upon wmem Roast d 9anefctary staring that all sums WOW hereby have been paid, and upon surrender of this Rd W said note so TNe" facaadtaaon and nocoon and upon payment of Its fees. TNVec'bell rtcmveY, wiM.1 warrmty, die property rum held hereunder The reclW s in Itch Rcmvesarne of any maim a fans Mall he cnothensI, pm(a die teu bsu bon, thereof TN ,tams in such recenveywroe may N desrnbm as "tone ps,non or persons legally entitled deloo.' Five ytass ohm louse[ a such full reconveyear, TNSIa may destroy sad na, abd Nis bed (unless dimaed in such request to noun them) 1101 The as additional secvmy. TNma hereby gives to tad embers upon Bemcf.dary rue nehl, power and minority. dune, Me conlinuanee of Neu TNits, w rolled Isle rent', issues and profits of said proper}, reservist, unto Tress., the refs, pram to any default by Truster an payment of my nmedmms areuad hereby o In performance ef AmY agremenl Nmsndar, 10 collect and noann such =is. Issues and Modus u MAY becane due and payable Upon Amy such default. Benefinuy may a Amy ume mdund max, eher In person. by areal, IX by a reelve, to be appointed by a court, and wdwa regard to Ns, adryuxy of my sewn,) fee she indeNmass limb) secured, enter upon and take possession of said property m my Par Word, in his own name sue for in aNrwise sobers such rems, issues and polo, including Must pau due and unpaid, and apply rue same, less costi and expenses of operation and collection, including reasonable momcs's fees, upon any i Webedns,ss second Nmeby. and in such "Y sa Benefmctary, may detrnurs, TN entering upon Amt taking posssnon of said prepense rue conmim or such ems. Issue W plofb and rue Appiinanon Nemr as aforesed, shall ram cum, or waive my &fault ce p01.m edf @fault hereunder mans aluiale mY act tom pursuant to sucb Ni 111) The upon default by Thum in payment of my .edeMedness secNled hereby or in peRormaae of Amy agreement hereunder. Dentfi,re y' may declare all sums ucuma! hertbt Immediately due and payable by delivery to T see or wmun declaration of defaull aid demand for ale and of worn nonce erf default and of elem. w causa to N sold std p enter I. whoh misee Trustee shall cause w he fnbd me Read, Beaficie, deco shall deposit with TNux of Nis Dad, sad mlc and all documm , rvdeoln, experdiums, Assured hereby After rue apse of such one as May ten he required by law Wiwi the becadatim of said nmasee ef def.0t. tad Mr. of .1. Nom, seen even as NO replied by law. TNrIa. wu.Nm demand on Trust.. stall sell sad property a1 to more and pace ram by 11 on said rata of ale, ether u a whole or an Rpame parcels, am In such older as it me, he dedmble. in phial osiers ,o IN Jullui bidder fa cash in I.Wul minty of de United gates, payable as time a sale Trustee may postpone sale of all or any portion of said popery, by public announcement at such ume and place of ale. and from time to ire thereafle may postpone such ale to politic announcement at IN hone fiam by the preceding poslpmelrcnl TNUa still deliver w such purchurr its dead emveysng the pmpem to sold, pal without my covenant or warranty, expass or Implied . The recmis in such dad M my maim or facts shall N conclusive pmofeiflhenuihfulnesstheeof Any posers, including TNSta. Trustee, or Benehcle,y ailereinafterdefiNd. may pamhave As such sele Ah<rdedunreg all tost.s.fees and npnsesof TNsraam athu Trust. including col ofevideba ofmle in von with sale. Trustee shall apply the poems of tale th payment en all was expended timer to leans heeof. the repaid, wish eccmed items! d rue amoum dlowed by law' in eflen al rue dale hereof. all alter rums then ueueed hereby: and IN remainder. if mY.IO the person ap:,swms legal} alislm Ihemo. ( I:) Benehaan, m any suceessa m ownership of my .ndeameess seemed hereby, may from time le oa, by mstmmens m wnun,, subume. a aor a manse, to any Trusts, named herein o some Mmndcr, which mstNnneml, execute by rue Berefcan W duly aokrrowlmgm and receded in IN office of she recorder of she county or serious; where seat popery, Is situated, shall he conclusive proof of proper substitution of such successm Trustee IX TNaas. wed shall, waho t convryance from the Thu¢ pedvesso, succeed to All its title, csme, rights, powm W Muses Sud instrument must contain IN new of The onginai Trusts. Tni and Baratinan hereunder. rue document number a the Dock and page where MIS Deed .s Accadm aW IN naive and address of Ili new Tru S.a 11 t) Thal this Om1 applies to, irerts to IN Nui of. and NAds all pales hamn. their Nam. legatees, &I osm, dministRlon, aecam. osseeuon and assires The semi Bens shall mean the owner and holder, including pled,as, & Me We moured hori whither a nor named u Beneficary Near In this Oral.wNneverMat contest se "ones. the mauuh.geWenncludes the feminine and .aneu.ar. and rue singular numbenndudn she plural DU Tha, Trustee accepts This Tests, when this Dad, duly executed and acknowledged, is made a public Iecwd u provided by law Trustee IS nor alhgeed to nalfyany pay hereoo(pending sale under my Other l?aMof Tmsl ao(ay %aim apOaeeling In which TNslor. Berri IX TNtla sN11 N a pas toners bough by Trvua TN UndempAd Tmstm requests that a copy of any Nana a Default and or my Notice o(Sde hereunder he maim to him at his address Nrtmtefort a IoM Tudor and Beneficiary Mutually Agree: (A) By hewrklary's atccp,. d NIS All lrvdtulve pwcha Money Dtm of TNN, BemBclany cOVmmn end agrees that provided TNrm is not delmpam a In deraull under Me itms m the Note mounted hereby. Beeni shall pi t1 Inuallmtnu a pnmpd and ..arts[ which shill NRaher become due pursuant to IN pov.sont of the Urdli Nags) nand when the seme become due and payable. In de evens Trustees shall N deim pan, or in default under AN Rims of to Noe saulm horeDy. Benefistaiy shall.ol he nbll,ated t0 make my payments required by IN hems of the Underlying Noes) unit, such delopumcy or default I mm In IN even,SmIficlap fails to timely pay my instalment of principal a.meiesl on to Undarivm, Naes) a the nlN when TNUa Is .a deblpumt a er default under IN deems of AN Noe sxurtd hereby. TNUa day. M TO. i apron mere such payments directly to IN Ndrl of such Underlying Naes s). in which event Truuo Shill N entitled Io • credit agate IN MAI muallmmsl s) of pilmind and Interest due under rue Irons of rue Noe securee hereby equal to IN amount so pad ud .eluding, cubed, hmNlwn, my penalty, chases and expresses paid by TNstor to to hoide,of tlefimerlylne Naasyon accts All BeneflnMVihNnelOmaNSaehpVUSI. The abllpanons of Dn Note shleinsed" "by mint ymntR this All a ail famlosurt a rut Nn Of hills Trust Inclusive puchase Money Deed m Tus1. a Inn cmalal.on of the Note recurtd NRDv and reconveyma of true All Whist Purchase Marcy Deed of TNSI Should Trusser he deiinganm a In &fault under the Rmis of IN Note secured hemhv aed if Itim chary an al,amlly nmm any penalties, chadi or Other expenses on account of rue Undanying hung sl seen, the protest a such del.Ipuener a default, AN amoum d such parables. cMpes tad s,amm es sbdl N.mmmRRiv Added to the pnlmpalundue of the Note secured N MY and atoll NeemmidelY payable by Truua to loom sty tlraeAd by benefinary P--e--m' mla e's INROn, IN Note eeempi (a) TNmus and Beneficiary ages them Ihe evert rue pNRei30f mY cgld[IIIMlloll aWYd a SaltiNnl M lose delerf. order pracreds Of my stud,,} Insu' mrmng dest"N' m il"Mo meals boned upon pad popery as applied by rut Nlder of IN Underlying Nadu m reduction a Me unpaid pnmlprl amount Iheaol. IN unpad pnNlpai Dalaae of die Nae secured hertpY Shall he IAdaed pry an equivakm anionm WMCh shall he deemed apples m tie lee, sumf due older IN Nar I DI Any demaed herturder debvesed by Beafnlary to Thum for the foreclosure of the lien of this Dad of TNU may N mI more than the sum of rue !oleo, amnuna, of AdeRRww�waWar aaNN�i - - - - - - I-- ...,a...lYm�al...loww Unpeld balance of principal and interest on the Note secured hereby; the Land Purchase and Gift Agreement identified in R \ Eichihit "R" 60 The aet5etre of dl rmums Ihemofae pwd by B,.finary punuan 1.IM umu of I? i mT'li PnMME 3M o M11 a for uaesaM bussmemi. mwplux prtmlunu. delingMMy chvpeS. fonclmurc coslS,aM any oSher sums adSancM by Renefnary pulsuanl to Nehxmso 15 Deed of TMil.la Ih enem dx carne weremprtviously rt dby Tr mS to aercfia ry,plus WO Tu cool of fortebsure hveuMCr, plus anemeyI fees and IS Incur 0 by emefe,ary ,n enfwc n, 61, Deed of T..1 of the NM' uc rmi hereby u pem,med by bw. Ne NIaMe Then ue rr rM. I. d,c puryoSe of BeM(ic,ary'S denuM, Shall Ec reduce ch If any, Of Truro. rn. ,MNrt n then dM On db liMCra .! anca mum be SU b,rd, Trvnee p�orb such te, The Trtnm ma) rtly an an cmhoan in 1 5 cb gnemem5 Shall be dermal bndinF and concimne a MYween CITY OF RANCHO CUCAMONGA, a California Municipal Corporation LEWIS CONSTRUCTION CO., INC., a California Corporation Hy: President Sienmun efT rar slxnaram oler A�rery LEWIS DEVELOPMENT CO., a General Partnership STAPLE APPROPRIATE ACKNOWLEDGMENTS HERE Clerk Authorised Agent (THIS DEED OF TRUST FOR USE ONLY IN PURCHASE MONEY TRANSACTIONS. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS DEED OF TRUST, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT TO SAME). Title Order No. W �W �M Ca gem Escrow or Lour FOR RECONVEYANCE OR FORECLOSURE SEND TO THE NEAREST OFFICE OF THE TITLE INSURANCE AND TRUST COMPANY REQUEST FOR FULL RECONVEYANCE *rrrwrl.lrlrr,rr a.ae TO TRUE INSURANCE AND MUST COMPANY, Thud": o..d 5NgRwer YpY awr ra brr elrMSabrroaeNnwriOwMtti• MuMaaeawegre a T1w wr NM eYl,Mhp�CNarM.IbYd AM,.pr1YrMI W Oi Wll. m Wllr'lebYa,a MiIM1YYwV b ry,IY,.,a lma M W 0.tl! M. b faMwl M 1eir.15 q NPaAMa, i.1a UI W CMJ a iM b5,lea b Ia 11wr5w,�alll MwM W PaNd1Ml. wbb,aml5'ay.wwMwr,wey, OIbFeYrpYpllbeerM1llryIY00KM Tr..br.IPMCI W V'blManb IUA. RECONVEYANCE TO: MY) bMrrr d=Illla %r tlllr M lln MGT!rar eNWIN MIII,W YtYFrW ww 115rrrrwrwrawowlwrrra M Y,IrY C PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE AND BASE LINE ROAD 1 THAT PORTION OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY 4 RECORDED IN BOOK 32, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDE 5 OF SAID COUNTY DESCRIBED AS FOLLOWS: 6 7 BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE ALON 6 THE SOUTH LINE OF SAID SECTION 36 NORTH 89 °55'42" WEST 17.00 FEET 9 TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY 10 LINE OF A STRIP OF LAND 17.00 FEET WIDE AS DESCRIBED IN BOOK 617, 11 PAGE 200 OF DEEDS ; THENCE CONTINUING ALONG SAID SECTION LINE 12 NORTH 89 °55'42" WEST 3,594.79 FEET TO A POINT ON THE EASTERLY 13 RIGHT -OF -WAY OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 14 (DEER CREEK CHANNEL) PER PARCEL "B" DOC, NO. 82- 056914; THENCE 15 LEAVING SAID SECTION LINE ALONG SAID EASTERLY RIGHT -OF -WAY LINE 10 NORTH 0 °04'18" EAST 55.00 FEET; THENCE NORTH 29 °55'33" WEST 46.98 17 FEET; THENCE NORTH 24 °57142" EAST 1,407.06 FEET TO A POINT ON THE 18 SOUTHERLY RIGHT -OF -WAY LINE OF SOUTHERN PACIFIC RAILROAD AS DESC- 19 RIBED IN BOOK 527, PAGE 333 OF DEEDS; THENCE LEAVING SAID EAST - 20 ERLY RIGHT -OF -WAY LINE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE 21 SOUTH 88 °57'08" EAST 3025.00 FEET TO SAID WESTERLY LINE OF SAID 22 STRIP OF LAND 17.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE 23 SOUTH 0 °04'50" EAST 1,320.52 FEET TO THE TRUE POINT OF BEGINNING. 24 SAID PARCEL CONTAINS 103.47 ACRES. 25 JN: 126 -6445 26 5/21/84 2711 MSC 29 PREPARED IN THE OFFICE OF : MADOLE AND ASSOCIATES, INC. 30 545 N. MOUNTAIN AVE. SUITE 105 31 UPLAND, CALIF. 91786 32 PHONE (714) 946 -2949 Exhibit A Page 1 of 2 6.QSE L1A0 ¢ Gou.�r,B��rivv (FUru.� lQ4aQ �ofEL /.UE 6ASE,c,��.SO�/7N+F.v C4UI 6AKeiVm. 'C SS37O.06Ef/O PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE and BASE LINE ROAD PREPARED IN THE OFFICE OF MADDLE AND ASSOCIATES, INC. OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING COIN. Nbunbin An.. Su1N NT UPLAND, CALIFORNIA 911M PHONE 0 N 5caLE, /•'��oa' 11P AW.f R44"6Y7 ?a7 lam AgcE0O9: 7Of 3G 3/ .SCGLCK. 41 sr/ n L X W 0/0 SOUT.f�lGUO.fN /f/C O4 R.o /G. VWW ,e.4V irQ QaW P.CCE �?3 ov LL4�05` 8B 57 OB E; 3oZ5.Lb � OV III sky LSE SOUT,vEt.Lfst�if.0 —� 'TO- 60 %f//DEER1EME,NJ'1 j �OEE.2e'.eEE,C LyA,v.I/EL ((,, ay'ES I I /03.47.4cee eV��'� �R B2�SB25� �' >�SpU1,YbP.UCALi// I �`EO/?[dvLO.✓0./�vY � E'LY,P,/wOEE,f $.f39GE Gar^ O.Q I I t leEpX C.s'9,u.UEL (P,4.PCEL B'rLL'C..S�a. �� Ih 1 I I I �(�.�07 ,5 f�912 I a. Q. , - QSl -i7 /�� II fi7�� ei ; Y 29 A/S5 ' Ae �A' 4f0%S� I I >.v0'04 iJ ESB.00' I I /SECTi G /.r/B h 6.QSE L1A0 ¢ Gou.�r,B��rivv (FUru.� lQ4aQ �ofEL /.UE 6ASE,c,��.SO�/7N+F.v C4UI 6AKeiVm. 'C SS37O.06Ef/O PROPOSED PARK SITE N.W. CORNER MILLIKEN AVENUE and BASE LINE ROAD PREPARED IN THE OFFICE OF MADDLE AND ASSOCIATES, INC. OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING COIN. Nbunbin An.. Su1N NT UPLAND, CALIFORNIA 911M PHONE 0 N 5caLE, /•'��oa' 11P AW.f R44"6Y7 ?a7 lam AgcE0O9: 7Of 3G 3/ .SCGLCK. 41 sr/ n L X W 0/0 EXHIBIT B ATTACHED TO AND MADE A PART OF ALL INCLUSIVE PURCHASE MONEY DEED OF TRUST AND ASSIGNMENT OF RENTS 1. Any act or omission by Trustor which constitutes a breach or default in a deed of trust securing an Underlying Note or in the Land Purchase and Gift Agreement between the parties with respect to the property encumbered hereby shall be likewise a breach or default pursuant to this All Inclusive Purchase Money Deed of Trust. 2. At such time as the property or any portion thereof is released from the lien of this All Inclusive Purchase Money Deed of Trust Beneficiary agrees such portion released shall be free from the lien of any trust deed securirg the unpaid balance of any Underlying Note. 3. Provided Trustor is not then in default of any of the provisions of the Land Purchase and Gift Agreement or this All Inclusive Purchase Money Deed of Trust, then Beneficiary agrees that it will cause Trustee to issue partial reconveyances from the lien of this All Inclusive Purchase Money Deed of Trust subject to the following terms and conditions: (a) Trustor shall pay the costs of recording any documents in con- nection with any partial reconveyances; (b) At each time Trustor makes an annual payment in accordance with the terms of the Note secured hereby, then upon written request by Trustor Beneficiary will instruct the Trustee to reconvey from the lien of this All Inclusive Purchase Money Deed of Trust one of the Lots comprising the property. The first Lot to be recon- veyed shall be the southwesterly -most Lot, designated Lot 1 on the Release Map attached hereto as Exhibit "D" and incorporated herein by this reference, and the second shall be the northwesterly -most, designated Lot 2. Subsequent reconveyances shall be in ascending numerical order, and as shown thereon shall proceed easterly from the preceding released Lot, and (c) Beneficiary shall not be obligated to issue, or cause to be issued, partial reconveyances at any time when there is any delinquency in payments due pursuant to the Note secured by this All Inclusive Purchase Money Deed of Trust, or when any uncured breach or default in the terms hereof shall exist. 3. Provided Trustor is not then in default of any of the provisions of the Land Purchase and Gift Agreement or this All Inclusive Purchase Money Deed of Trust, then Trustor may obtain a reconveyance from the lien hereof for any Lot in next ascending numerical order to a Lot previously reconveyed by paying to Beneficiary: (a) the principal amount of the annual payment next due, plus (b) the accrued interest on that principal amount to date of payment according to the terms of the Note; in which event Beneficiary shall then be obligated to issue, or cause to be issued, said reconveyance. Principal payments made by Trustor in accordance with this Paragraph 3 shall be applied against the annual payment next due. Notwithstanding anything to the contrary herein contained, Beneficiary may, provided no other uncured breach or default in the terms of the Land Purchase and Gift Agreement or this All Inclusive Purchase Money Deed of Trust shall exist, elect one time and one time only during the period of this All Inclusive Purchase Money Deed of Trust, by giving sixty (60) days' advance written notice to Beneficiary, defer for a period of one (1) year an annual payment or portion thereof required pursuant to the Note. In the event of such election, any portion of the payment tendered when originally due shall be applied first to Interest accrued. Interest upon the deferred principal installment shall continue to accrue, and at the end of such deferral period City shall make a payment consisting of the deferred principal and all accrued interest to the date of payment as well as the annual payment (including principal and interest) which normally would have been due at that time without regard to such deferral. This All Inclusive Purchase Money Deed of Trust is not assumable, and any attempt by Trustor to transfer or assign its obligations hereunder, or to convey its interest in the property encumbered hereby, shall constitute a material default; provided, however, a lease, license, or similar grant to a private business entity for purposes of providing or operating public recreational facilities shall not be a default within the meaning of this paragraph. 7. If any action or proceeding shall be instituted for any purpose affecting title to the Property or this All Inclusive Purchase Money Deed of Trust. City will immediately deliver to Lewis true copies of each notice, petition, summons, complaint, or similar papers or pleadings, however designated, served on City in such action or proceeding. 8. This All Inclusive Purchase Money Deed of Trust shall be construed in accordance with its intent and without regard to any presumption or other rule requiring construction against the party causing the same to be drafted. Exhibit 8 Page 2 of 2 Pages EXHIBIT C ATTACHED TO AND MADE A PART OF ALL INCLUSIVE PURCHASE MONEY DEED OF TRUST AND ASSIGNMENT OF RENTS (c) A promissory note in the original principal sum of Five Million Dollars (85,000,000.00) in favor of Weyerhaeuser Venture Company, a Nevada corporation, as Payee, secured by a deed of trust recorded July 17, 1980, as Document No. 80- 159728, Official Records of San Bernardino County, California. Page 1 of 1 PROPOSED' PARK SITE 003.47AC'R6—s) 9 B8'S7 QD_t -. _ - 3026.00 •T _ EXHIBIT 11 D 11 RELEASE MAP ) "A Nq SCALE: /' -500' P1 �o m � SEC• C /.UE W 8 / / 6 PREPARED IN THE OFFICE OF MADOLE AND ASSOCIATES, INC. OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING dpFN. tlountNn An. SW19 N1 UPLAND, CALIFORNIA 91780 r/e %It PHONE(714) M4 -fW 11 6` M.00AC. �II l 1, @@ © 7 � Q P /OLikr p F /vAW /0.0"c /0 AC /0A7,K. /OA7Ae: 13.47 y^ 1 1 11 N 27'55'3'J'w jr. vw4c. ec.9g� ✓ '� 11\ 11 it N 00'04' /B E"�, ' N B9 �5'4P'W ,POAO - 5 L /NE 3596 79— ss oo' �J 4,0,14E A%eE L /wAr \ EAsEHE46r PE,? 000A, F 50. CaUF EO /szlV CT7 35fi/ P,OQE 4M - �S'EME,!/7 fI9'�Q 80ar 9071 PA66 92Z O.,P. GO'!Y /LE EAJC,NCNJ iOR 09A0 'AMR-00s&r ip,2 AwK 6CZ5 PA66 G96 O.P. EXHIBIT 11 D 11 RELEASE MAP ) "A Nq SCALE: /' -500' P1 �o m � SEC• C /.UE W 8 / / 6 PREPARED IN THE OFFICE OF MADOLE AND ASSOCIATES, INC. OF SAN BERNARDINO COUNTY CONSULTING CIVIL ENGINEERING AND LAND PLANNING dpFN. tlountNn An. SW19 N1 UPLAND, CALIFORNIA 91780 r/e %It PHONE(714) M4 -fW DO NOT DESTROY THIS ORIGINAL NOTE: When paid. said original note, together with the Deed of Trust securing same, most be surrendered to Trustee for cancellation and retention before reconveyance will be made. ALL -INCLUSIVE PURCHASE MONEY PROMISSORY NOTE SECURED BY LONG FORM ALL - INCLUSIVE PURCHASE MONEY DEED OF TRUST (INSTALLMENT NOTE, INTEREST INCLUDED) $S 17a 50D_On Ranchn Curaminnga , California, — . 1984. In installments as herein slated, for value recaved. 1 /We ( "Maker ") promise to pay to LEWIS CONSTRUA:! NCO INC w f -lifnrnia rn LDPMENT CO_ a general partnership ( "Payed') or order, at 1156_ N, MQun1Ain Avenue.._P_._Q-9dL67l) UPI and--CA --- ]7bb=D6i0-- the princpal sum of FIVE MILLION ONE HUNDRED SEVENTY -THREE THOUSAND pjVE H t1NDti ED AND 00/ 100--------- --- ---- -- DOLLAI ISS 171 qAn Asti - - - - -- )with imeresodixo Inmian--te a ni illy -on unpaid principal at the rate of (_uib)- twei,e—_-per cent per annum;pyRgmp* ggEc�a�rnt avablc in installments of Five Hundred Seventeen ThDU %nd Thrsee Hundreds Fifty and 1i00 uo�l5rs ($517,350.00 plus all in r kKxR4edsr %ad4winaipaL t Fix RIRR oar` e O a o paymerdtuy of */august each year eppptf, beginning on the —152_ day or - August, 19 85 , and continuing until said principal and interest have been paid. provided, however, in the event Maker is not then in default of any of the provisions of the Deed of Trust securing this Note or the Land Purchase and Gift Agreement referred to therein, Maker may prepay at any time the principal amount of the annual payment next due, plus the accrued interest on that amount to date of payment. Each installment shall be applied first on the interest then due and the remainder on principal; and interest shall thereupon ease upon the principal so credited. The total principal amount of this Note includes the unpaid principal balance of the promissory nole(s) (" Underl)'ing Note(s) ") secured by Deed(s) of Trust, more particularly described as follows: L (A) PROMISSORY NOTE: Maker: F_O.M. Investment Corp. - a corporation Payer Lytton Savings b Loan Assoeiat -on a Ca [ifornia rnrnoratian Original Amount. $293,300.00 Date: Jangary 15. 1%8- (B) DEED OE TRUST: Trusto, F.O.M. Investment Corp•,. a corporation___ Bensfiaary: t ytton Sam!nae f nia_corporation Original Amount:.__$Z23,300 On Recordation Dmc:_-J?nua:) 161068 Document No. Book 6959 Page a90 Place of Recordation: Offlcial.Beegr-ds,_.San Rerna dinn xCount), California 2, (A) PROMISSORY NOTE' Maker. Lewls Development C California Cianral PT_ h:r payee: Cuearal Cornnration,_a�elalsarp�egrpgr— — Original Amount:— $ZKG0.51g-cz Date: August 28, 1978 (B) DEED OF TRUST'. Tmslor..Lewis Development Co.,,_ a _California General partnership- Beneficiary uC IjCorooration a Del aw rn parahlna Original Amount._$$, 660 S19 53 Recordation Date', uctust 28. 1978 Document No. Book 9905 Page 1$011 Place of Recordation OfflcW Recinrdc, San Rernard'nes xCounty, California *continued on Page 2 By Payee's acceptance of this Note, Payee covenants and agrees that. provided Maker is net delinquent or in default under the terms of this Note, Payee shall pay all installments of principal and Interest which shall hereafter become due pursuant to the provisions or the Underlying Note(s) as and when the same become due and payable. In the event Maker shall be delinquent or in default under the terms of this Note, Payee shall not be obligated to make any payments required by the terms of the Underlying Note(s) until such delinquency or default is cured. In the event Pay" fails to timely pay any installment of principal or interest on the Underlying Note(s) at the time when Maker is not delinquent or in default hereunder, Maker may, at Maker's option, make such payments directly to the holder of such Underlying Note(s), in which event Maker shall be entitled to credit against the next installment(s) of principal and interest due under the terms of this Note equal to the amount so paid and including, without limitation, any penally, charges and expenses paid by Maker to the holder of the Underlying Note(s) on account of Payee failing to make such payment. The obligations of Payee hereunder shall terminate upon the earliest of (i) foreclosure of the lien of the All-inclusive Purchase Money Deed of Trust securing this Note, or (ii) cancellation or this Note and reconveyance of the All- Inclusive Purchase Money Deed of Trust souring same. Should Maker be delinquent or in default under the terms of this Note, and Payee consequently incurs any penalties, charges or other expenses on account of the Underlying Note(s) during the period of such delinquency or default, the amount of such penalties, charges and expenses shall be immediately added to the principal amount of this AKER Note and shall be immediately payable by Maker to Payee. PAYE In e principal o ote is limited to the same extent as any limitation exists in the ri h - e principal of the t e Underlying Notes . 'pre tittle payments of principal of this Not son of the application of any portion thereof by Pavec to the preps Of pnnci er ymg N'ote(s), constitute such prepayment for which the t a holders of the Underlyin ed to receive a prepayment pcnalty or consideration, the amount of such itt re a or consideration shall be is Maker to Payee upon demand, and any such amount shall not due pursuant tote f end all rums advanced by Payee pursuant - nclusive Purchase �l Money Deed of Trust securing this a unpaid balance of principal and interest then due under the ter otc(s), Payee, at Is cancel this Note and deliver same to Maker and It Should default be made by Maker in payment of any installments of principal, interest, or any other sums due hereunder, the whole sum of principal, interest and all other sums due from Maker hereunder, aiur- awl -.. ,,.& t`• -r n I " s III d d s- I—, yiMg ^ shall become immediately due at the option of Itfal the holder of this Note, Principal, interest and all other sums due hereunder payable in lawful money of the United States. If action be instituted of this Note, 1 /we promise to pay such sums as the Court may fix as attorney's fees. This Itial Note is secured by a LONG FORM ALL-INCLUSIVE PURCHASE MONEY DEED OF TRUST to TITLE INSURANCE AND TRUST COMPANY, a California Corporation, as Trustee. (continued from Page 1) (A) Promissory Note: Maker: Western Properties, a general partnership, Lewis Development Co., a general partnership, Lewis Construction Co., Inc., a California coproration Payee: Weyerhaeuser Venture Company, a Nevada corporation Original Amount: $5,000,000.00 Date: July 15, 1980 (B) Deed of Trust Maker: Western Properties, a general partnership, Lewis Development Co., a general partnership, Lewis Construction Co., Inc., a California corporation Payee: Weyerhaeuser Venture Company, a Nevada corporation Original Amount: $5,000,0011 Recordation Date: July 17, 1980 Document No. 80- 159728 Place of Recordation: Official Records, San Bernardino County, California CITY OF RANCHO CUCAMONGA, a Mttnlrlpat_Corporation (Maker) (Mraerl (Maker) Mayor (Maker) Clerk The undersigned hereby accept(s) the foregoing All-inclusive Purchase Money Promissory Note and agrees) to perform each and all of the terms thereof on the part of Payee to be performed. Executed as of the date and place first above written. (Paree) (Paye) (Para) (Payee) (THIS E. THE PARTIES USE ONLY PURCHASE R ATTORNEYS WITH ESPECT TNEIIEEO MENDED THAT, rR10R 10 THE EXECUTION Or THIS THIS FORM ru WHISHID ar TMA INISURAII AND TRUST A110),IeWYr DO NOT DESTROY TNIS NOTE t 1156No«nns HOMES t, Manlaln ^N / P.O. lox 670 / W". CA 91786 / 714 wWw71 May 22, 1984 BY MESSENGER Robert E. Dougherty, Esq. Covington S Crowe 1131 N. Sixth Street Ontario, CA Re: Letter of Understanding Concerning Land Purchase and Gift Agreement Dear Mr. Dougherty: This letter is written to confirm our telephone conversation of this date regarding a question of possible ambiguity in the Land Purchase and Gift Agreement relating to the City's purchase of certain parkland from Lewis. Section B of that Agreement contains provisions requiring the City to be financially responsible for installing certain street improvements in Base Line Road except in the special case where the City in the future waives or forfeits its right to obtain reconveyance of a Lot or Lots which include already completed improvements originally paid for by Lewis. The present wording of that Section has been extensively circulated to the people reviewing the Agreement prior to formal execution and we were mutually reluctant to change it, but both of us desire to avoid a misinterpretation of the Section. I pointed out to you that the initial street work in Base Line Road may be performed at the cost of Lewis before close of escrow on this transaction and the Agreement is not clear on the cost allocation if this happens. You and I agreed that both parties intend the City shall not avoid financial responsibility for such work just because of the timing involved, but both parties intend the same formula in the Section should govern. Therefore, the City will repay to Lewis its actual costs plus interest (as provided in the Agreement) no later than the time the adjacent property is i