HomeMy WebLinkAbout331 - Ordinances ORDINANCE NO. 331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THAT DOCUMENT ENTITLED
"DEVELOPMENT AGREEMENT CONCERNING THAT PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND SPRUCE
AVENUE IN RAN CliO CUCAMONGA, SAN BERNARDINO COUNTY,
CALIFORNIA" AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE SAME ON BEHALF OF THE CITY OF RANCliO CUCAMONGA
A. Recitals.
(i) California Government Code Section 65864 now provides. in
pertinent part, as follows:
"The Legislature finds and declares that:
"a. The lack of certainty in the approval of development
projects can result in a waste of resources, escalate the
cost of housing and other developments to the consumer,
and discourage investment in and commitment to
comprehensive planning which would make maximum efficient
utilization of resources at the least economic cost to the
public.
"b. Assurance to the applicant for a development project
that upon approval of the project, the applicant may
proceed with the project in accordance with existing
policies, rules and regulations, and subject to conditions
of approval, will strengthen the public planninE process,
encourage private participation in comprehensive planning,
and reduce the economic costs of development.
(ii) California Government Code Section 65865 provides, in pertinent
part, as follows:
"Any city .... , may enter into a development
agreement with any person having a legal or equitable
interest in real property for the development of such
property as provided in this article.. ."
(iii) California Government Code Section 65865.2 provides as
follows:
"A development agreement shall specify the duration of the
agreement, the permitted uses of the property, the density or
intensity of use, the maximum height and size of proposed buildings,
and provision for reservation or dedication of land for public
Ordinance No. 331
Page 2
purposes. The development agreement may include
conditions, terms, restrictions and requirements for
subsequent discretionary actions, provided that such
conditions, terms, restrictions and requirements for
subsequent discretionary actions shall not prevent
development of the land for the uses and to the density or
intensity of development set forth in the agreement.. ."
(iv) Attached to this Ordinance, marked Exhibit "A" and incorporated
herein by reference, is a proposed Development Agreement concerning that
property located on the southeast corner of Foothill Boulevard and Spruce
Avenue in the City of Rancho Cucamonga. Hereinafter in this ordinance, that
agreement attached hereto as Exhibit "A" is referred to as "the Development
Agreement."
(v) The property which is the subject of the Development Agreement
and this ordinance now is zoned as Subarea 7, Industrial Park, pursuant to the
provisions of the Industrial Area Specific Plan, as amended to date. The
proposed developer of the property and the City desire to provide through the
attached Development Agreement specific development options and controls on the
site which will provide for maximum efficient utilization of the site in
accordance with sound planning principles, all in accordance with the above
referenced provisions of law.
·
(vi) On November 10, 1987, the Planning Commission of the City of
Rancho Cucemonga held a duly noticed public hearing concerning the proposed
Development Agreement and has recommended to this Council the adoption of the
Development Agreement.
(vii) All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
NOW, THEREFORE, it hereby is found, determined and ordained by the
Council of the City of Rancho Cucamonga as follows:
1. In all respects as set forth in the Recitals, Part A, of this
Ordinance.
2. The City Council of the City of Rancho Cucamonga hereby finds and
concurs with that Negative Declaration adopted with respect to the
project and hereby finds that it has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, and, further, that this Council has
reviewed and considered the information contained in said Negative
Declaration with respect to the project identified in this Ordinance.
3. This Council specifically finds that:
Ordinance No. 331
Page 3
a. The location, design and proposed uses set forth in the
Development Agreement are compatible with the character of
existing development in the vicinity;
b. The Development Agreement will produce internally an
environment of stable and desirable character, and not tend to
cause any traffic congestion on surrounding or ~ccess streets;
c. The proposed development will be well integrated into its
setting; and
d. The Development Agreement conforms to the General Plan and
Industrial Area Specific Plan of the City of Rancho Cucamonga.
4. It is expressly found that the public necessity, general welfare
and good zoning practice require the approval of the Development
Agreement.
5. This Council hereby approves the Development Agreement attached
hereto as Exhibit "A".
6. This Council hereby authorizes and directs the Mayor and City
Clerk to execute the Development Agreement on behalf of the City of
Rancho Cucamonga forthwith upon adopting this Ordinance.
The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published within fifteen (15) days after its passage at least once
in The Daily Report, a newspaper of general circulation published in the City
of Ontario, California, and circulated in the City of Rancho Cucamonga,
California.
PASSED, APPROVED, and ADOPTED this 2nd day of December, 1987.
AYES: Brown, Buquet, Stout, Wright
NOES: King
ABSENT: None ./~
Dennis L. Stout, Mayor
ATTEST:
Beverly ~. Authelet. City Clerk
Ordinance No. 331
Page 4
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of Rancho Cucamonga
held on the 18th day of November, 1987, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day
of December, 1987.
Executed this 3rd day of December, 1987 at Rancho Cucamonga,
California.
Beverly ~ Authelet, City Clerk
Ordinance No. 331
Page 5
EXHIBIT "'A"
DEVELOPMENT AGREEMENT CONCERNING
THAT PROPERTY LOCATED AT THE SOUTHEAST CORNER
OF FOOTHILL BOULEVARD AND SPRUCE AVENUE IN
RANCliO CUCAMDNGA, SAN BERNARDINO COUNTY, CALIFORNIA
THIS AGREEMENT is made and entered into as of the thirty-first day
following final adoption of the Ordinance approving it (hereinafter, the
"Effective Date") by and between the City of Rancho Cucamonga, a municipal
corporation ("City") and BCE Development Inc., a Delaware Corporation
("Developer").
WITNESSETH:
Recitals
1. California Government Code Sections 65864 et seq. authorize City to enter
into binding development agreements with persons having legal or equitable
interests in real property for the development of such property.
2. Developer owns fee title in and to that real property located entirely
within City, generally located at the southeast corner of Foothill Boulevard
and Spruce Avenue, which property is legally described in attached Exhibit No.
1 (the "Site"). The Site is comprised of 10 parcels (the "Parcels"). It is
the intent of the Developer to develop the site as a master planned mixed use
development, including the construction of design and commercial buildings and
a food park complex (the "Project").
3. The Site is now zoned Subarea 7, Industrial Park, pursuant to the
provisions of City's Industrial Area Specific Plan, as amended to date hereof.
4. Developer has requested that City enter into a development agreement
relating to the Site.
5. Developer and City desire to provide through this Development Agreement
more specific development controls on the Site which will provide for a maximum
efficient utilization of the Site in accordance with sound planning principles.
6. On December 2, 1987, City adopted Ordinance No. 331 approving this
Agreement.
Agreement
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. General Provisions:
A. Covenants. It is intended and determined that the provisions of
this Agreement shall constitute covenants which shall run with the land
comprising the Site, and the benefits and burdens hereof shall bind and inure
to all successors in interest to the parties hereto.
Ordinance No. 331
Page 6
B. Term. The term of this Development Agreement shall commence upon
the effective date of this Agreement and shall extend until December 31, 2007,
unless said term is terminated, modified or extended by circumstances set forth
in this Agreement or by mutual consent of parties hereto. Following the
expiration of the term, this Agreement shall be deemed terminated and of no
further force and effect; provided, however, such termination shall not
automatically affect any right or duty arising from City entitlements on the
Site approved concurrently with or subsequent to the approval of this
Agreement.
C. Construction Period. The Developer shall complete construction
work for the Project on the Site, and all phases thereof, including landscaping
and off-site improvements, pursuant to a building permit or permits issued by
City within 5 years following Effective Date, that is, within the 5 year period
commencing immediately after the Effective Date. If the Developer has not
completed said work, the Site shall then be deemed to be zoned Subarea 7,
Industrial park, and the development of the Site then and thereafter shall be
governed accordingly by the then current provisions of the Cityts Industrial
Area Specific Plan as to Subarea 7, Industrial Park zoning or the then
applicable specific plan and/or zoning category succeeding thereto.
D. Assignment.
1. The terms and conditions of this Agreement relating to assignments
or transfers shall apply with full force and effect to assignments or
transfers of interests in this Agreement.
2. Except as provided within this Agreement, Developer shall have the
right to sell, mortgage, hypothecate, assign, or transfer all or any
portion of the Property to any person or entity at any time during the
Term (an "Assignment"). Any Assignment shall include the assignment
of those rights, duties, and obligations created by this Agreement
with respect to all or any portion of the Property.
3. The express assumption of any or all of the obligations of
Developer under this Agreement by any assignee, shall relieve
Developer, without any act or concurrence of the City, of its legal
duty to perform those obligations, except to the extent that Developer
is in default with respect to the assigned obligations at the time of
the proposed assignment.
E. Amendment of Agreement. This Agreement may be amended from time
to time by mutual consent of the original parties or such party to which
Developer assigns part or all of its interest in this Agreement, in accordance
with the provisions of Government Code Sections 65867 and 65868 and provided
that any Amendment of the Development Plan or Development Guidelines as
hereinafter defined which is approved by the Planning Commission as provided by
Section 1.F. below, such as the location or design of buildings, streets and
other physical facilities shall not require as amendment to this Agreement.
Ordinance No. 3 3 1
Page 7
F. Amendment of Development Plan and Development Guidelines. The
Project shall proceed in accordance with those plans and specifications
entitled "Foothill Design and Commercial Center" presented to City's staff by
Developer consisting of twelve (12) sheets inclusive, and date stamped
"RECEIVED CITY OF RANCHO CUCAMONGA PLANNING DIVISION, NOVEMBER 2, 1987"
(conceptual parcel map/site plan, detailed site plan, site utilization map,
landscape sections, and conceptual grading plan) (the "Master Development
Plan"), the Development/Design Guidelines dated November 3, 1987 (the
Development Guidelines") attached hereto as Exhibit No. 4, and in accordance
with the development standards set forth hereinafter. Upon written request of
Developer, modifications and changes to the Master Development Plan and the
Development Guidelines may be approved in accordance with City's Development
Code Sections 17.02.070 and 17.06,010.
SECTION 2. General Development of the Property:
A. Right to Develop; RiSht to Control Development. Developer (and
its successors and assigns) shall have the right to develop the Project on the
Site in accordance with the terms and conditions of this Agreement, and City
shall have the right to control development of the Site in accordance with the
provisions of this Agreement.
B. Permitted Uses.
1. The permitted uses of the site shall be those set forth in
attached Exhibit No. 2. In no event shall City disallow any of the
permitted uses listed on Exhibit No. 2 during the term of this
Agreement. The permitted uses constitute the uses proposed by
Developer for the Site. In the event of a conflict between the
provisions of this Agreement and any other resolution, rule,
regulation or policy of City now in existence, the provisions of this
Agreement shall control.
2. The density and intensity of use, the conceptual size of proposed
buildings, provisions for reservation or dedication of land for public
purposes and location of public improvements, and other terms and
conditions of development applicable to the Site, shall be those set
forth in this Agreement, the Master Development Plan, and Development
Guidelines.
3. The maximum height of proposed buildings shall be four stories or
75 feet, whichever greater, unless a greater height approved as a
Conditional Use Permit by the City's Planning Commission.
4. Other uses deemed compatible with the intent of this Agreement may
be permitted subject to the procedures governing the issuance of a
Conditional Use Permit. Conditional approval may include
non-transferrability.
Ordinance No. 331
Page 8
C. Rules, Regulations and Official Policies.
1. Except as expressly provided in this Agreement, all substantive
and procedural requirements and provisions contained in City's
ordinances, specific plans, rules and regulations, including, but not
limited to, its Development Code, as amended, and Industrial Area
Specific Plan, in effect as of the effective date of this Agreement,
shall apply to the development of the site pursuant to this
Development Agreement. Further, any terms or phrases contained herein
for which there are definitions provided in City's said Development
Code or Industrial Area Specific Plan shall be deemed to be utilized
in accordance with those definitions.
2. This Section shall not preclude the application to the development
of the Site of changes in City laws, regulations, plans or policies,
the terms of which are specifically mandated and required (as opposed
to permitted) by changes in state or federal laws or regulations as
provided for in Government code Section 65869.5.
3. This Section shall not be construed to limit the authority of the
City to charge processing fees for land use approvals, building
permits and other similar permits and entitlements which are in force
and effect on a City-wide basis at the time those permits are applied
for, except to the extent any such processing regulations would be
inconsistent with this Agreement.
D. Effect of A~reement on Land Use ReSulations. The rules,
regulations and official policies governing permitted uses of the Site, the
density and intensity of use of the Site, maximum height and size of proposed
buildings, the design, improvement and construction standards and specifica-
tions applicable to the development of the Site are those rules, regulations
and official policies in force at the time of the execution of this Agreement.
E. New Rules by City. City may apply new rules, regulations and
official policies to development of the Site which do not conflict with the
rules, regulations and official policies in effect as of the date of this
Agreement. The substantive development standards set forth in the Master
Development Plan and the Development Guidelines shall be the standards that
govern all future discretionary actions of City regarding the Site. This
agreement shall not be construed to make applicable to the Site those future
health and safety regulations (e.g., building, seismic, plumbing and electric
codes) that become applicable to the City as a whole.
SECTION 3. Conditions of Development:
A. The following conditions and standard conditions set forth in
attached Exhibit No. 3 shall apply to the development of the Site.
Ordinance No. 331
Page 9
1. The Master Development Plan is approved in concept only and future
development for each parcel comprising the Site shall be subject to
Development/Design Review process for Planning Commission approval,
including, but not limited to, plaza details, architectural
elevations, materials, and color.
2. Development of each parcel comprising the Site shall be in
substantial conformance with the Development Guidelines, including,
but not limited to, architectural style and landscape palette.
3. A Uniform Sign Program shall be submitted prior to issuance of
building permits which is compatible with the architectural style and
addresses the signage needs of the design, commercial and food park
users.
4. A continuous pedestrian circulation system shall be provided on
one side of east-west driveway spine throughout the Site to connect
all buildings and plaza areas.
5. Bicycle storage facilities shall be provided and shall relate to
master planned bicycle routes along Foothill, Spruce and White Oak as
required under the Transit and Pedestrian Circulation Concept, Figure
II-7 of the City's Industrial Area Specific Plan.
6. The vehicle stacking capacity of any drive-thru facility and the
design and location of the ordering and pick-up facilities shall be
determined by the City Planner. The Developer shall submit to the
City Planner, a traffic study prepared by a traffic engineer as
required by City's Development Code Section 17.12.040C. 6.
7. A uniform design of hardscape such as pavement material, trash
receptacles, benches, bicycle racks, etc., for the entire Site shall
be submitted for City Planner review and approval.
8. Location and conceptual design of transit stops and shelters shall
be subject to Design Review Committee review and approval. The design
of the transit shelters shall be compatible to the architectural
program of the Site and City Standards or guidelines.
9. Pedestrian amenities shall be provided with plazas and outdoor
eating areas, such as canopy shade trees or structures, raised
planters and benches, and drinking fountains.
10. Parking areas shall be screened with berming, hedgerows, trees or
low level decorative walls, or any approved combination thereof. Berms
shall be undulating with an average height of three foot and a maximum
slope of 3 1/2:1.
11. All future building pads shall be seeded and irrigated for
erosion control. A detailed plan shall be included in the landscape
and irrigation plans to be submitted for Planning Division approval
prior to issuance of grading permits.
Ordinance No. 331
Page 10
12. Additional street trees shall be provided in clusters along the
streetscape, particularly along Foothill Boulevard, except for
moderately sized view corridors into project.
13. The materials and construction of the "dome" awnings shall be
durable to withstand high winds and ultraviolet light.
14. No shared parking shall be permitted for the Master Development
Plan. Parking for each use shall be provided to satisfy the parking
ratios which are required by the terms of City ts Development code
and/or Industrial Area Specific Plan.
15. Architectural treatment shall be consistently applied to all
sides of all buildings.
16. No driveway access will be allowed onto White Oak Avenue.
17. The westerly driveway onto Eucalyptus Street within Parcel 8 may
be relocated to be centered on the property line between Parcels 8 and
9.
18. An in-lieu fee as contribution to the future construction of the
median island within Foothill Boulevard shall be paid to the City
prior to the issuance of building permits or approval of the Final
Parcel Map, whichever occurs first. The amount of the fee shall be
one half the cost of the median (currently estimated at $60 per linear
foot) times the length of the project frontage from a projection of
the easterly right-of-way line for Spruce Avenue to a projection of
the westerly right-of-way line for Elm Avenue. Payment of this fee
shall relieve Parcels 8, 9, 10 and 11 of Parcel Map No. 6725 from
further obligations to construct the Foothill Boulevard median. Any
previous payments made as contributions to the median for property
within said parcels shall be credited toward said in-lieu fee.
19. Foothill Boulevard Driveway:
a. Final approval will be required from CalTrans.
b. It will be right-turn only, therefore an opening will not be
permitted in the future raised median island.
c. It shall be constructed in accordance with City Standard No.
306.
d. A right-turn deceleration lane shall be provided on the west
side of the driveway. It shall be 150 feet long, 10 feet wide
and have a 90-foot transition.
e. A request shall be made to the City to vacate the non-
vehicular access rights for the driveway.
Ordinance No. 331
PaSe 11
f. The existins storm drain facilities located at the proposed
driveway location shall be removed and replaced to provide proper
drainaSe control. Easements necessary to construct the new storm
drains shall also be provided.
S- It shall be located as shown on the plans (approximately 650
feet west of the centerline of Elm Avenue), but can be moved
westerly up to midway between Elm Avenue and Spruce Avenue.
20. The meanderins sidewalk alonE the public streets shall be
constructed in accordance with City Standard No. 304.
21. The Development AEreement Master Plan shall be subject to the
pertinent conditions of Tentative Parcel Map No. 10617.
22. The applicant shall comply with the followins requirements of the
Foothill Fire Protection District:
a. Fire flow requirement shall be 4000 Sallons per minute (Spm).
(i) A previous fire flow, conducted 10/86 showed 5923 Spm
available.
(ii) A fire flow test shall be conducted by the
builder/developer and witnessed by fire department personnel
prior to water plan approval.
b. Existins. fire hydrant locations and outlet sizes shall be
shown on plans prior to water plan approval. Required fire
hydrants, if any, will be determined by this department at that
time. Fire department standards require 6" hydrant head and 4"
x 2-1/2"1 outlets. Substandard hydrants shall be replaced with
an approved hydrant.
c. Public and/or on-site fire hydrants are required. All such
hydrants shall be installed, flushed and operable prior to
delivery of any combustible buildins materials on the site (i.e.,
lumber, roofins materials, etc.). Hydrant flushins shall be
witnessed by fire department personnel.
d. A key box/device shall be installed prior to final
inspection. Proof that it has been purchased shall be submitted
prior to final buildins plan approval. (NOTE: Delivery time for
Knox box is approximately 4 to 6 weeks.)
e. '~lue dot" reflective hydrant markers shall be purchased
prior to final occupancy approval. Proof of purchase must be
shown unless said markers are purchased throuSh this department.
Ordinance No. 331
Page 12
SECTION 4. Annual Review:
A. Annual Review. During the term of this Agreement, City shall
annually review the extent of good faith compliance by Developer with the terms
of this Agreement (the "Annual Review"). Such periodic review shall be limited
in scope to compliance with the terms of this Agreement pursuant to Government
Code Section 65865.1. The Developer shall file an annual report with City
indicating information regarding compliance with the terms of this Agreement.
Said annual reports shall be filed with the City Planner no later than March
15th following the previous calendar year.
B. Default Determination at Annual Review. If, as a result of the
Annual Review, the City determines that Developer is in default under this
Agreement, written notice of such default shall be given to Developer
specifying in detail the nature of the default and the actions necessary to
cure the default. Developer shall have the opportunity to cure the default in
the manner set forth in 5 below.
C. Certificate of Compliance. If Developer has found to be in
compliance with this Agreement after the Annual Review, the City shall, upon
request by Developer at any time after an Annual Review, issue a certificate of
compliance to Developer (the "Certificate") stating that, after the most recent
Annual Review and based upon information known by or made known to the City
Council and/or the Director, (i) this Agreement remains in effect and either
(ii) Developer is not in Default or (iii) Developer is in Default and
specifying in nature of the Default. The Certificate shall be in recordable
from and shall contain information necessary to communicate constructive record
notice of the finding of compliance. Developer may record the Certificate in
the official records of the County.
SECTION 5. Developer' s Default:
If Developer defaults under this Agreement ("Default") and fails to
cure the Default within a reasonable period of time (the "Cure Period") after
receipt from the City of notice of the Default, Developer shall be in breach of
this Agreement and no further opportunity to cure shall be required. The Cure
Period shall be no less than thirty days unless the Default cannot be feasibly
cured within thirty days, in which event the Cure Period shall be sufficient to
allow Developer to cure the Default as determined by the City. Any notice of a
Default from the City shall state the nature of the Default and the acts
necessary to cure the Default. A hearing shall be held by the City Council on
the Default in the same manner as provided for the Annual Review, except that
the City will not be required to provide a second notice of Default and a
second Cure Period if, after the hearing, Developer is found to be in Default.
SECTION 6. General:
A. No Other Representations. Except as expressly set forth in this
Agreement, no representations of any kind or character have been made to one
another by any of the parties hereto or by any of the parties' agents, repre-
sentatives, associates or attorneys with respect to each subject to which this
Agreement relates.
Ordinance No. 331
Page 13
B. Entire ASreement. This Agreement contains the entire agreement of
the parties with respect to each subject to which it relates.
C. Waiver. No provision of this Agreement may be waived, except in
writing, which writing must be executed by all of the parties hereto.
D. Additional Documents. The parties hereto each agree that they
shall execute and deliver to the other, upon request to do so, any and all
documents reasonable and necessary to accomplish or evidence the agreements
contained in or contemplated by this Agreement.
E. Attorney's Fees. In any proceedings arising from the enforcement
of this Development Agreement or because of an alleged breach or default
hereunder, the prevailing party shall be entitled to recover the costs and
attorney fees incurred in the proceeding and such reasonable attorneys' fees as
may be determined by a Court in any legal action.
F. Recording. In accordance with California Government Code Section
65868.5, a certified copy of this Agreement shall be recorded with the Recorder
of San Bernardino County, California, 4mmediately upon this Agreement being
effective.
G. MortgaSee Protection. A breach of this Agreement shall not
defeat, render invalid, diminish, or impair the lien of any Mortgage made in
good faith and for value, unless otherwise required by law.
H. Notice of Default to Mortgagee; Right of MortSaSee to Cure. If
the City receives notice from a Mortgagee requesting a copy of any notice of
default given Developer, the City shall provide a copy of that notice to the
Mortgagee within ten days of sending the notice of Default to Developer. The
Mortgagee shall have the same right, but not the obligation, to cure the
Default, including no identical cure period, allowed Developer under this
Agreement.
I. Notices. Any notice, demand, payment or other communication
required or permitted to be given by an provision of this Agreement ("notice")
shall be deemed to be sufficiently given or served if: (a) delivered
personally to the party to whom the notice is to be delivered; or (b) sent by
mail, or federal express addressed to the party at the party's address as it
appears in this Agreement, or at any other address as that party may from time
to time specify by written notice; or (c) given by transmittal over electronic
transmitting devices, such as IBM System 6, NBI, TWIX, Telex or talecopy
machine, if the party to whom the notice is sent has such a device in its
office, provided a complete copy of any notice so transmitted shall also be
mailed in the same manner as required for a mailed notice. Any notice shall be
deemed to be given as of the date actually received except that if the party
declines to acknowledge receipt or has changed its address and not otherwise
informed the other party of the new address, receipt shall be deemed as of the
date of the attempted delivery.
Ordinance No. 331
Page 14
J. Cooperation in the Event of Legal Challenge. In the event of any
legal action instituted by a third party or other governmental entity or
official challenging the validity of any provisions of this Agreement, the
parties shall cooperate in defending this action.
K. Indemnification. Developer agrees to and shall hold City and its
elected officials, officers, agents and employees harmless from liability for
damage or clalms for damage for personal injuries, including death, and claims
for property damage which may arise from the direct or indirect operations of
Developer of those of his contractor, subcontractor, agent, employee or other
person acting on his behalf which relate to the Site. Developer agrees to and
shall defend City and its elected officials, officers, agents and employees
with respect to actions for damages caused or alleged to have been caused by
reason of Developerrs activities in connection with the Site. This hold
harmless provision applies to all damages and claims for damage suffered or
alleged to have been suffered by reason of the operations referred to in this
Development Agreement regardless of whether or not the City prepared. supplied
or approved the plans, specifications or other documents for the Project.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the effective date of the Ordinance approving this Agreement.
CITY OF RANC~O ~C~A
Dated: By:
Dennis L. Stout, Mayor
Dated: By:
Beverly A. Authelet, City Clerk
9320 Base Line Road
Rancho Cucamonga, California 91730
BC~ D~,OPMENT, INC.
a Delaware Corporation
Dated: By:
Dated: By:
2201 Dupont Drive, Suite 200
Irvine, California 927 15