Loading...
HomeMy WebLinkAbout04-61 - Resolutions RESOLUTION NO. 04-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY OF RANCHO CUCAMONGA ENTER INTO DEVELOPMENT AGREEMENT DRC2003-00751, ASSOCIATED WITH TENTATIVE TRACT MAP SUBTT16324, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29. A. Recitals. 1. Henderson Creek Properties, LLC. filed an application for Development Agreement DRC2003-00751, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to this Resolution. 5. The Planning Commission has reviewed and considered the associated Environmental Impact Report prepared for said project. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga. 3. This Commission hereby finds that an Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder; and further,that this Commission has reviewed and considered the information contained in said Environmental Impact Report. 4. This Commission hereby recommends approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 04-61 DEVELOPMENT AGREEMENT DRC2003-00751 — HENDERSON CREEK PROPERTIES, LLC. May 12, 2004 Page 2 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: L -f c iel, Vice Chairman ATTEST- "fes S Brad 8pk1Secretqg I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS DEVELOPMENT AGREEMENT DRC2003-00751 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND HENDERSON CREEK PROPERTIES, LLC CONCERNING PROPOSED TENTATIVE TRACT 16324 This Agreement (the "Development Agreement") is made and entered into this _ day of , 2004, by and between Henderson Creek Properties. LLC, a California limited liability company, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code. Henderson Creek Properties. LLC, and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner'. The CITY and Henderson Creek Properties, LLC are collectively referred to herein as the "Parties". RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development Agreement. C. Property Owner owns fee title to approximately 90.4 acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit A and depicted on Exhibit B attached hereto (the "Project Site"). D. On July 28, 2003, the City received an application for a Tentative Tract Map (SUBTT16324), a General Plan Amendment (DRC2003-00749), an Etiwanda North Specific Plan Amendment (DRC2003-00750), along with this Development Agreement (DRC2003- 00751) and a request for Annexation of the proposed Project. An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed project and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission. E. As set forth in Ordinance No. _ adopted by the City Council on (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Parties hereto: (i) is in the best interest of the CITY; (ii)will promote the public convenience, general welfare, and good land use practices in the CITY; (iii) will promote preservation of land values; (iv) will encourage the development of the Project by providing a level of certainty to the Property Owner; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. Exhibit "A" Development Agreement 1 Henderson Creek Properties, LLC AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows: Section 1. GENERAL PROVISIONS A. Effectiveness of Development Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become operative and the rights and obligations of the Parties shall only arise upon the annexation of the Project Site to the City, provided the annexation is final as to any and all administrative actions and is not then subject to judicial challenge, and further provided that such annexation shall occur on or before February 28, 2005. B. Term The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force majeure" circumstances described in Section 2.D.4 hereof or by mutual written consent of the Parties. Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from the project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses. C. Assignment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm or corporation or other entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3.0 hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Project Site and not themselves in breach Development Agreement 2 Henderson Creek Properties, LLC under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3.0 hereof. In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Property owner shall notify the CITY not less than 30 days before any such transfer, and such notice shall contain all material information regarding the contemplated Transfer, including but not limited to the identity of the transferee, and the material terms of such contemplated Transfer including an Assignment and Assumption of Development Agreement as to the Transfer property ("Assumption") to be executed by Transferee and delivered to City upon Transfer. Upon City notification as described above, delivered by Property Owner, subject to delivery at closing of the Assumptions, without any additional governmental review or action. D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner. After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has determined that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Project Site under the applicable Project Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Development Agreement 3 Henderson Creek Properties, LLC Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Project Entitlements The Project Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits C — E. Project Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00751) and the Tentative Tract Map (SUBTT16324): all plans that constitute the approved project, all Planning Commission and City Council Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Project Entitlements as approved by this Development Agreement. During the Term of this agreement, the permitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Project constitute the Entitlements as approved by this Development Agreement. The specific terms of this Development Agreement shall supersede and be controlling over any conflict and/or inconsistency with the Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved tract(s) total 123 lots. The City agrees that partial final maps may be recorded for portions of the Project Site in accordance with Government Code Section 66456.1. Other certain specific modifications of the Project Entitlements to which the Parties agree are set forth below. All exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein. B. Rules and Regulations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, the ordinance, rules and regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and design, improvement, and construction standards and specifications applicable to development of the Project, shall be the Project Entitlements and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies, but only to the extent that they are consistent with the Project Entitlements, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement, and/or the CITY's standards. IN the event of any conflict between the CITY's ordinances, rules, regulations and official policies and the Existing Laws, then the Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: 1. Modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the construction or provisions of on-site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or Development Agreement 4 Henderson Creek Properties, LLC the imposition of extractions, other than as are in each case specifically provided for in this Development Agreement; 2. prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owner would otherwise be entitled under this Development Agreement; 3. render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Design and Infrastructure Issues 1. Street Sections (i) The CITY desires that Wardman-Bullock Road be designed in accordance with CITY Collector Street standards, as depicted in the Etiwanda North Specific Plan Exhibit 13(E). (ii) The CITY desires that Colonbero Road be designed in accordance with CITY Local Street standards, as depicted in the Etiwanda North Specific Plan Exhibit 13(F). 2. Dry Utilities The Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site. 3. Gradin The Grading Plan, included in the Project Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across the site of less than 7%, the Project is exempt from the CITY Hillside Development Regulations of the Development Code. 4. Circulation Issues and Fees a. Transportation Fee/Traffic Impact Analysis The Property Owner shall construct circulation improvements as depicted on Exhibit F. In addition, the Property Owner shall comply with Transportation Development Fees in accordance with CITY ordinance. The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the "backbone" improvements as described herein, inc conformance with CITY policy. b. Other Circulation Improvements The Property Owner shall design and construct the following improvements: (i). Wardman-Bullock Road along the project frontage at its ultimate half section width (66 foot right-of-way). Development Agreement 5 Henderson Creek Properties, LLC (ii) The west side of Wardman-Bullock Road from Wilson Avenue to the south project boundary. Improvements shall include curb and gutter, A.C. pavement and 5800 Lumens HPSV street lights. . ADDRESSED BELOW in SECTION 2.1.2. d. Reimbursement Agreement The City agrees that the construction of the Wardman-Bullock Road improvements will benefit other property owners and developers in the vicinity of the Project Site. The City agrees to use its best efforts to condition benefited projects or otherwise seek to obtain fair share contributions from surrounding property owners and developers for the construction of Wardman-Bullock Road and agrees to reimburse the Property Owner to the extent fair share contributions are collected from other property owners for the cost of construction of Wardman-Bullock Road in accordance with the provisions of Section 2.1, below. The obligations hereunder shall survive the termination of this Agreement and shall continue until such time as the Property Owner has received payment in full for the cost of the construction of Wardman-Bullock Road; provided, however, that the City's obligation shall be limited to the extent the City can collect such funds. 5. Storm Drains (i) Improvements to the Henderson Creek Levee are being completed under the direction of the San Bernardino County Flood Control District. These improvements must be completed prior to occupancy of homes in the affected area. (ii) The site is located within Area 13 of the Etiwanda/San Sevaine Drainage Plan; applicable fees and construction requirements shall apply. 6. Park Fee/Equestrian Fee/Beautification Fee The Property Owner shall pay the following fees: a. Property Owner will pay CITY a sum totaling $95,000.000 (based upon $1,000 per unit for the ninety-five lots which do not conform to equestrian standards) for equestrian purposes. The sum will be paid from CFD formation and funding, prior to recording of the first final map and shall be reserved by the City for the construction and subsequent capital maintenance costs associated with the development of an equestrian enclosed arena complex in the Etiwanda North area. b. The Property shall pay the CITY a sum totaling $ 811,800 for park purposes (based upon a value of $ 6,600 per dwelling unit). The sum shall be paid from CFD formation and funding, prior to recording of the first final map. C. In exchange for the construction of the landscaping improvements on the east side of Wardman-Bullock Road, adjacent to the Henderson Creek Channel improvements, the Property Owners shall not be required to pay CITY Beautification Fee of $0.20 per square foot for residential construction. Development Agreement 6 Henderson Creek Properties, LLC 7. Development Standards a. The project shall be developed in accordance with the CITY's Low- Density Residential District of the Etiwanda North Specific Plan. b. The project entitlements include 123 housing units. 8. Design Review Process The Project, and all subsequent applications for residential development, shall be subject to the CITY Development/Design Review process. 9. Architectural Guidelines The Project, and all subsequent applications for residential development, shall be subject to the Architectural Guidelines of the Etiwanda North Specific Plan. 10. Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54-acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the Property Owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the CITY Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. D. Timing of Development and Fees 1. Development of the Perimeter Landscaping and the Etiwanda North Specific Plan Neighborhood Monumentation All required perimeter landscaping shall be completed prior to the release of occupancy of the 75th dwelling within the project. 2. Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the project shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors. The parties acknowledge and agree that Property Owner retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business judgment. The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgment of subsequent owners of the Project Site. Development Agreement 7 Henderson Creek Properties, LLC 3. CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Project. Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to process subsequent Development/Design Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Section 2.1-1. below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof, shall be deemed to conflict with Property Owner's vested rights to develop the Project under this Development Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, the criteria used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified herein. 4. Force Majeure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as applicable. The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law. F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Project Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2.E above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental Development Agreement 8 Henderson Creek Properties, LLC environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional feasible measures (or conditions) to mitigate, as required by CEQA, the adverse environmental impacts of such future entitlements, which were not considered, and could not have been considered, at the time of approval of the Project. G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owner (collectively "fees") fall within on of three categories: (a)fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("Other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: 1. Processing Fees. The CITY may charge Planning and Engineering Plan Check and Permit Fees and Building Permit Fees which are in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement or a construction permit. The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout the jurisdictional limits of the CITY. 2. Existing Fees. In consideration of the development of the Project Site as set forth in this Development Agreement, and the positive fiscal impact of the Project on the City, the City agrees that neither the Property Owner, nor the Project shall be subject to any increase in the Existing Fees or to any additional City imposed fees, impositions or monetary exactions with respect to the Existing Fee categories for a period of five (5) years following the effective date of this Development Agreement. 3. Other Fees. In consideration of the Property Owner's Agreement to modify the Project Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Project during the applicable Fee Limitation Period, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the project in accordance with 2.G above. Development Agreement 9 Henderson Creek Properties, LLC 4. Fiscal Impact Analysis. CITY does not require Property Owners or the Project to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement. H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Project, Property Owner will, from time to time, apply to the CITY for various ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY's jurisdiction (collectively the "Non-Discretionary Permits"). Property Owner shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2.6, above). The CITY shall issue to Property Owner, upon such applications, all required Non- Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non- Discretionary Permits (subject to the provisions of Section 2.G above) and the terms and conditions of the applicable permit application. The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Project which are consistent with and further implement such Approved Plans, shall be processed and approved by the CITY in accordance with this Development Agreement. I. Cooperation 1. Cooperation with Other Public Agencies. The CITY acknowledges that the Property Owner may apply from time to time for permits 'and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Project, in conjunction with the development of or provision of services to the Project, including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including without limitation, the Cucamonga Valley Water District, and the Inland Empire Utilities Agency), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Construction of Off-Site Improvements. To the extent that Property Owner is required to construct any off-site improvements as a condition of developing the Project, the Property Owner shall make good faith efforts to acquire any off-site property interests required to construct such public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests required for the public improvements. Such agreement shall provide for payment by Property Owner of all costs incurred by the City to acquire the off-site property interests required,in connection with the subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the amount stated in an appraisal report obtained at Property Owner's cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the Development Agreement 10 Henderson Creek Properties, LLC CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements. Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner or City, as the case may be, for construction and related costs incurred in providing such improvements to the extent legally permissible. 3. Public Financing. The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park Fee and Equestrian and School Fees and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the construction of the public infrastructure improvements. The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. J. Creation of the Landscape and Street Lighting Maintenance District The CITY agrees to promptly annex the Project Site to an existing Landscaping and Lighting Maintenance District (LMD) or form the necessary LMD pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Project development to encompass the Project Site as well as the area being annexed by the CITY. In addition, the Property shall annex to the existing Street Lighting Districts. The Property Owner shall pay for the annexation or formation of the LMDs. The Parties agree that annexation to the LMD or the formation of a new LMDs must be accomplished no later than recordation of the final tract map and that the CITY may create LMDs, which allow annexation of other areas. In addition, if outside agencies, upon their review and approval of various components of the project, impose any non-standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance districts upon the proposed development. Upon formation of the LMD, and acceptance of the improvements by the City Council, the CITY (through the LMD) shall assume full responsibility for the maintenance, repair, and replacement of the improvements to be maintained by the LMD pursuant to the LMD's governing documents. The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 2006, the City may request, and the Property Owner agrees to provide, a reasonable cash deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owner for any such cash advances to fund the LMDs. Development Agreement 11 Henderson Creek Properties, LLC Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Project Site. In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply. B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the CITY, the Development Agreement remains in effect and Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance. Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. Finding of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owner's compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owner's performance under this Development Agreement. The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner. Within 10 days after the expiration of such 20-day response period, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. D. Right to Appeal Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of Development Agreement 12 Henderson Creek Properties, LLC appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY Development Code. At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after considering all the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence the Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. E. Property Owner's Cure Rights If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement. In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3.0 or 3.D above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by force majeure circumstances described in Section 2.D.5 above. Section 4. ENFORCEMENT A. Enforcement by Either Party Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties. B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4.B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either of the Parties Development Agreement 13 Henderson Creek Properties, LLC in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1.0 above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns. Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Project as a Private Undertaking It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. Mortgage Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Project or any portion of the Project or any improvements on the Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Project or any improvements thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien, of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value. 3. Mortgagee Not Obligated. Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not Development Agreement 14 Henderson Creek Properties, LLC have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Project or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure period given to Property Owner with respect to such Default, to cure such default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3.E above. 5. Bankruptcy. Notwithstanding the provisions of Section 5.D.4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by any reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition of Mortgagee is proceeding diligently to terminate such prohibition. Development Agreement 15 Henderson Creek Properties, LLC 6. Amendment to Development Agreement. The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Project Entitlements and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire Agreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subject matter of this Development Agreement. G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governing Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California. I. Recording The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement. Development Agreement 16 Henderson Creek Properties, LLC J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement. K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Parties. L. Partiallnvalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current address are as follows: To CITY: Mr. Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 With Copies to: Mr. James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 To Property Owner: Henderson Creek Properties, LLC 16337 Shadbush Street Fountain Valley, CA 92708 Development Agreement 17 Henderson Creek Properties, LLC With Copies to: Manatt, Phelps & Phillips 650 Town Center, Suite 1250 Costa Mesa, CA 92626 Attn: Roger A. Grable Either Party may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above. N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Project Entitlements or both. IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA PROPERTY OWNER By: By: Mayor NAME TITLE ATTESTED TO: City Clerk APPROVED AS TO FORM: City Attorney Attorney's for Property Owner Development Agreement 18 Henderson Creek Properties, LLC EXHIBIT "A" LEGAL DESCRIPTION LAFCO NO. THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,AND A PORTION OF THE WEST HALF OF SECTION 22 TOWNSHIP I NORTH,RANGE 6 WEST, SAN BERNARDINO MERIDIAN,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 89040'08"EAST ALONG THE NORTH LINE OF SAID SECTION 22,A DISTANCE OF 1325.05 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE SOUTH 00000'03"WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER,A DISTANCE OF 1319.87 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 00000'03"WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 659.93 FEET; THENCE SOUTH 89034'15"WEST A DISTANCE OF 1325.86 FEET TO THE WEST LINE OF SAID SECTION 22; THENCE NORTH 00001'26"EAST ALONG SAID WEST LINE,A DISTANCE OF 660.87 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE SOUTH 89015'44"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER,A DISTANCE OF 1324.87 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 00000'53"EAST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER,A DISTANCE 1320.82 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 89014'46"EAST ALONG THE NORTH LINE OF SAID SECTION 21,A DISTANCE OF 1325.09 FEET TO THE POINT OF BEGINNING. CONTAINING IN 100.45 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. �\ONNL LANDS 0 \PSH.ADD, 0 Oe a No. 3821 z WILLIAM H.ADDINGTON,P.L.S. 3821 DATE EXP. 06130104 \* LICENSE EXPIRES 06/30/04 gTFOF CAUFO� EXHIBIT A ' °f' lTHE NW COR., OF THE NE 1/4, SHEET 1 OF 1 OF THE NE 1/4, OF SECTION 21 15 WARDMAN N89-14'48"E 1325.09' N89-14.46"E 16 P.O.B. NB9'40'08"E 1325.04' 1325.05' BULLOCK RD. 0� - - - - - - - - - - 22 0A' NE WARDMAN BULLOCK o II of TIE NW /4, 9l7'S o� ROAD II A.P.N. 0226-081-28 OF THE NW 1/4, OF SECTION/22 WILSON AVENUE 3m - - P� ry SUMMIT -i— - - - - - - - - 3 RANCHO N I I 3 CUCAAfONGA FONTANA n II 3 a WARDMAN BULLOCK m HIGHLAND AVE. U ROAD n VICINm MAP O I`20• N.T.S. A.P.N. 0225-084-04 II m z A.P.N. 0226-081-29 m w ND II �m LEGEND• 101 I AREA: 100.45 AC. P.O.B. - POINT OF BEGINNING o 9- 0o I g9I6` ( ) - INDICATES RECORD DATA PER �s COL ONBERO / w R.S. 49/61. 1, THE SE COR., I ROAD o- .( ) _ INDICATES RECORD DATA PER OF THE NE 1/4, I o R.S. 110/39-40. OF THE NE 1/4, II o � C OF SECTION 21 LLl- - - _- - - - -- THE SE COR., -� NB9'15'46"E 1324.88' N89'15'44"E 1324.87' - - - - ( � � —� OF THE NW 1/4, I THE SW COR., OF THE NE 1/4, U)_ � Ct WARDMAN BULLOCK \ OF THE NW 1/4, OF THE NE 1/4, OF SECTION 21 C9'm q q ROAD �'o, OF SECTION 22 Z o Q A.P.N. 0226-081-09 GAO —\� LINE DATA TABLE m m — — — — — — — — — — — — — m BEARING DISTANCE O N I m 1 N89-34'15"E 20.00' N 0 A.P.N. 0226-081-10 20• < 0 (i WARDMAN BULLOCK GRAPHIC SCALE AE14CASCROAD 300 0 150 300 600 ENGINEERING EXHIBIT B1305.86') Rn Mc ua (N89'34'15"E) 1325.86' 1 = 300' MM.a Bans Rt ryA)r61-0 01 !M(Oq)rN-OIM AlE DRAW Br OIE%1D 81:11N4 _ I Oar `` r `�WU '�y`��l 7J�i`1 1I ull Ml OF , ' 1'/'`•`11 1�\��rL�!�1`�\\!V' d Illy � � >' ,\ \�• r 1 1 i� �✓ ��11�. - _��'� •5��hw!!'•/i X11• - ���' \ '� _�� ?� 14�J"1� .1•`�� '' i (1��L>��1. I\�� SII il, 1i����� �1,1 �`V`V1`!1rtil .11.�� ll� I>i/��-iI PPPIi./A_R1`A'h•�.,111 �\ �('hl�M 1 'Zi `�ai1\'."'�e �aZ��l.l::�l��`�` ti QA\V�i•y,1�1� �•:uii `� �`: "\y j''��i`I w'.46%, �`•r� i1\`u�II,IQ�L11�\��4�.a �. �1�\\�ll�'� ``' nAl\�,�1r,<i .�� e•��.� i� �' I't �\qli1�Vl����{����j, 1���"�� �� " �����. V �.P�P•:^ � �� �\� Ilii �' \1���� 11ji t,y� \ III ,� ��1\ ,,fit-�'� • ��i!`l�\\����\]\,V;� 1 11� .;;n„ niuunnuppnuppy.: �"ii'��. � �►{,,t�y�I I�,`�` ��:1 ,�• (!1(��=\�°• `�taa�� �1�����f�31'/q)l�li�L`\\ �1 i .iifiiniii.a nmdmnnnnn. 11.1I'. :n.unm",1, \� � 11 � •:.• t� \�✓J :, i� 3T3[2..'.IllllUl �1`I .... �]► f •.,�e't�7 1\y�\. , \` v!� -'a iq1/III//inla��7 � am •�� --.,,�..."TUU/l \. �,�u���t�\13� " ' .Lnnimnnm' niunnnunut----- '^nbn'iL AM SHF£i 1 Of 1 AEI-CASC ENGINEERING NOVEMBER, 2003 AN u _un _ o i >a ow• \AT' I,,�. — r » a1 .� 1 / R' ewe-�L—�`� mRcu srteMT& N.T.S Iwo A \ - �— f .�.� wwwc ruc -,oa X� bf s m f s1 �4 y � � -- —I•-- / t - A or_mr rns �mw �..a rn I'mcx � Is rumw.w camcxr ' sQ Yt ` wanu1e324 �/ �atvTrrt[5 wc SECTIOSI N A-A SECTION B-B SECPON C-CSECTION D- N.LS. +r¢Irx cs c. u m.l..� ¢W.-wr.v.¢.iV�.0\u��a.N�eVsine.�es�R\ mnvnw w..oeu5 o/n/u¢n EXHIBIT D L TYPICAL 04mmIW Accm "CAL 92IWTM W ACOM y TRAIL TO MWH CR-&iB TRAIL 1 TRAIL TO IONW OR-Slit TfiAIL ' . 0.0 6MMNF6T OWLINIMEM LOFIIPLANTMI 6TR®T RPP wes:xeenTas: �__ 1�� WJIRA PARJIPOLIA.AIIBTRALIAN WIU.OW t e CKOROW PMZ Afl@IYTA-KNOBCRID PW •• .: 1 ..� I I BPLAYLTAA\W RAC&OBA-CALRONA DACKOR0IAID TRFR: PMIS AT tD"TA-KMOBCLK PDLL/ PLATA"RAC@ICAA-CALPOINIA BTCAT'IORB OIRMNTIRIOR STREET TREP GRIMM F: ANA-AIIBTRALLIA W.ILLOW LA6W01tY7@11A MOICA-CRAPY MYRTLE Im pYiBIB CAUJRYAA BRACPMII'•BRACAM PYA •+A m HENDERSON CREEK•TRACT 16324 WILSON CONCEPTUAL LANDSCAPE PLAN RANCHO CUCAMONGA,.CALIFORNIA TRACT 16324 CIRCULATION IMPROVEMENTS e e . y n e , n • v v t e e - e TRACT 16324 `• i ! • i t I • • v • i t e , • i v • a v • Y i y i : i n • WARDMAN BULLOCK ROAD • • • e r \. �1 C 47 9 W TRACT 13565 TRACT 13564 c z 0 CIRCULATION IMPROVEMENTS AEIICASC ENGINEERING 400' 200' 0' 400' 900' 40591 W9WE PARK DRIVE ANIS C4 GRAPHIC SCALE: 1"=400' TUECU CA 92590 au(om)evo-x .1.)111.41 EXHIBIT F