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HomeMy WebLinkAbout631 - Ordinances ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND U.C.P. INC. FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 250-ACRE SITE WITH UP TO 685 RESIDENTIAL LOTS AND UP TO TWO COMMERCIAL AREAS, GENERALLY LOCATED NORTH OF HIGHLAND AVENUE, BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRACT MAP 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902. A. RECITALS. 1. California Government Code Section 65864 now provides, in pedinent 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 planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in rea1 property for the development of such property as provided in this article..." 3. California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent devetopment of the land for the uses and to the density of intensity of development set forth in the Agreement..." Ordinance No. 631 Page 2 of 68 4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 00-02, concerning that property generally located north of Highland Avenue, east of Day Creek Channel and west of Hanley Avenue, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On July 12, and continued to July 26, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution. 6. On August 16, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed an addendum to the EIR and SEIR as certified by the County of San Bernardino and augmented by an addendum prepared by the City of Rancho Cucamonga as legally sufficient for the University Planned Development Project. SECTION 3: Based upon substantial evidence presented during the above- referenced public hearing on August 16, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) This Development Agreement shall not become effective until General Plan Amendment 00-03, and Etiwanda North Specific Plan Amendment 00-01 have been reviewed and approved by the City Council. Ordinance No. 631 Page 3 of 68 SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 00-02, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Oh{ario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 6th day of September. AYES: Alexander, Biane, Curatab, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None Wi ~am J. Alexa er a or ~ ', Y ATTEST: Debra J. Adams,~C, Ordinance No. 631 Page 4 of 68 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of August 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of September 2000. Executed this 7th day of September 2000, at Rancho Cucamonga, California. belb'Fa J. Adams{,,/CMC, City Clerk Ordinance No. 631 Page 5 of 68 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofRancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 (Space above for Rccorder's Use Only) DEVELOPMENT AGREEMENT By and Between THE CITY OF RANCHO CUCAMONGA, CALIFORNIA and U.C.P. INCORPORATED, a Califorma corporation Dated: ,2000 Ordinance No. 631 Page 6 of 68 DEVELOPMENT AGREEMENT BETWEEN THE CrfY OF RANCHO CUCAMONGA AND U.C.P. INCORPORATED CONCERNING THE REVISED UNIVERSITY PROJECT This Agreement (the "Development Agreement") is made and entered into this __th day of__, 2000, by and between U.C.P. Incorporated, a Califomia corporation ("U.C.P.") and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code. U.C.P. and its successors and assigns, if any, are referred to collectively hereinafier as the "Property Owner." The CITY and U.C.P. a~e collectively referred to herera as the "Parties." RECITALS: A. To provide more certa/nty 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 fights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITY to emcr into a binding development agreement with respect to real property which is in unincorporatcd territory but also within 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. Properly Owner owns fee title to approxnnately 250.67 acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" attached hereto (the "Project Site"). Previously, the Project Site was subject to land use entitlements resulting from the Connty's approval in 1991 of the University/Crest Project PIned Development, PUD No. W 121-49 (the "University/Crest PD"). The University/Crest PD entitlernents combined two separately owned properties with 1,238 residential units, commercial development, school, park and open space of 1, 111.29 acres. The Project Site is the University portion of the University/Crest PD. D. In 1998, Property Owner applied to County for approval of revisions to the University/Crest PD, to modify the previous entitlements related to the Project Site (the "Revised University Project" or the "Project"). The requested modifications included: I. Separating the University portion of the University/Crest PD from the Crest portinn; 2. Adding 64 acres to the University portion, formerly owned by Southern California Edison which had bisected the Project Site; 3. Increasing the number of dwelling umts from 578 to 685; 4. Modifying the location ofcorrwnercial uses and adding a net 2.3 acres of commercial development; 5. Increasing the proposed school and park sites by 6.0 acres; 6. Revising the project design with street alignments, lot designs and increased lots sizes; 7. Extending Banyan/Sumn'nt Avenue westerly over Day Creek Channel, to connect to Rochester; 8. Transferring to the County of San Bemardhio, in fee, 86 acres (one-half of a 172 acre parcel) of off- site land for permanent open space, along with funding in the amount orS110,000.00, to provide for long-term maintenance of such off-site land; and ~ "~:'~ "~'~ - I - Ordinance No. 631 Page 7 of 68 9. Eliminating the 675-acre open space area from the Project, as it had already been uansferred to the County by the Meu~opolitan Water Disn'ict E. On October 26, 1999, the County appmved the Revised University Project, namely Revised Preliminary Development Plan W121-49, and a Minor General Plan Amendment and zone change for the former SCE property (the "Revised University Project Entitlemerits"). In accordance with the rules, regulations and policies of the California Environmental Quality Act ("CEQA") and the County's Development Code, the County certified a Supplemental EIR in connection with the Revised University Project Entitiements {the "SEIR') as being accurate, adequate and complete in the environmental evaluation of the impacts associated with the Revised University Project and adopted Findings and a Statement of Overriding Considerations. F. On November 29, 1999, the CITY filed a Petition for Writ of Mandate and Complaint for Declaratory Relief challenging County's approval of the Revised University Project and certification of the SEIR (the "Litigation"). The CITY filed a furst amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief on February 3, 2000 (the "Petition"). In the Petition, the CITY alleged, inter alia, that ( l ) the County should have prepared a new, or subsequent EIR for the approval of the Revised Project due to the requested changes in the Project; {2) the SEIR is inadequate; (3) the Findings did not suppor~ the Statement of Overriding Considerations; {4) the County failed to consider and apply the CITY's land use and zoning standards when it epproved the Revised University Project; (5) the County's finding of conformity with the CITY's land use and zoning laws was not supported by substantial evidence; and (6) the County's general plan amendment related to spheres of influence was invalid. G. On March 20, 2000, U.C.P. filed its answer and response to the Petition, denying each and every allegation. H. On March 24, 2000, the County filed its answer and response to the Petition, denying each and every allegation. I. Subsequent to initiation of the Litigation, the CITY and Property Owner have resolved their differences, as memorialized in a transaction which is the subject of a Settlement, Pre-Annexation, and Tolling Agreement between them, dated April __, 2000 (the "Settlement and Pre-Aunexation Agreement"). As a condition of entering into the Settlement and Pre-Anncxation Agreement, the CITY and Property Owner have agreed to enter into a development agreement, substantially in the form of this Development Agreement, subject to compliance with all applicable legal requirements fornotice, hearing and findings. In addition to providing a vehicle for senlement of the Litigation, this Development Agreement will enable the CITY to realize recreational, commercial, residential and regional benefits and facilities. The development of the Project at the earliest practicable date will enhance the quality of life of present and future residents of the CITY. J. As further set forth in Ordinance No. enacted by the CITY on ,2000 (the "Enacting Ordinance"), the execution of this Development Agreement and the performance of a"~'compliance with the terms and conditions set, forth herein by the Panics hereto: (i) is in the best interest of the CITY; (it) will promote the public convenience general welfare, and good land use practices in the CITY; (iii) wilt 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. ARtcement 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 is hereby acknowledged, the Parties agree as follows: Ordinance No. 631 Page 8 of 68 Section 1. GENERAL PROVISIONS A. Effectiveness of Development A~reement 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, if all of the following have occurred before March 01, 2001, unless that date is mutually extended in writing by Properly Owner and the CITY: (i) The Project Site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not then subject to judicial challenge; and (ii) The Parties have performed all of their respective obligations under the Selllement and Pre-Annexation Agreement. B. Term The term of this Development Agreement shall commence on the effective date of the enacting Ordinance and shall extend for a period of ten (10) years thereafrer (the "Term"), 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 extension attributable to the "force majeure' c ircurnstanees described in Section 2D5 hereof or by mutual written consent of the Parties. · Following the expiration of the Term, this Development Agreement shall be deemed terrmnated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from project entitlements granted prior to, coneurrentiy with, or subsequent to the approval of this Development Agreement and the slructures that are developed in accordance with this Development Agreement and the use of those smictures shall continue to be governed by this Development Agreement for purposes of ensunng, for land use purposes, that those strtlelures continue to be legal conforming su'uctures and that those uses continue to be legal conforrmng uses. C. Assi~,nment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypotheeate or otherwise u'ansfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm or corporation 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 Seedon 3C 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 ~'ansferee 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 urTransferr~d, such noncompliance shall be deemed a breach of this Agreement by that transferee or Iransferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any other portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3C 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 under this Development Agreement to such public agency 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, Ordinance No. 631 Page 9 of 68 Property Owner shall notify the CITY not less than sixty (60) 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. D. Amendment of Aereement 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 Properly Owner and the CITY and that, in the cotuse of the development of the Project Site, it may be necessary to supplement this Development Agreement to adch'ess the details of the Panics' 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, without amending the Development Agreement, the Parties may do so through one or more in~lemcnting agreements (the "Implementing Agreement"), which shall be executed by the Community Development Director of CITY (the "Community Development Director") and by an authorized representative of Property Owner. After execution, each implementing Agreement shall be attached as an addendure 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 Community Development Director (on behalf of the CITY), if the Community Development Director has deterrmned that such implementing agreements arc not materially inconsistent with this Development Agreement, and the applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution 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 purporl to change land use designations applicable to the Project Site under the Revised University Project Entitlements, shall be considered "material" and require amendment of this Agreement in accordance with the provisions of Califorma Government Code Sections 65867 and 65868. SeCtion 2. PLANNED DEVELOPMENT OF THE PROJECT A. ~ The land use enti~ements appruved by the County are depicted on Exhibit "B". The Panics acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Revised University Project Entitlements as amended by this Development Agreement. During the Term, the pertained uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size ofpruposed buildings, building and yard setback requirements, provisions for reservations or dedications, design and performance standards and other terms and conditions of development of the Revised Uinversity Project, shall be those set forth in the Revised University Project Entitlemerits as amended by this Development AgreemanL The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Revised University Project Entitlcments. The Parties acknowledge and agree that the total number of lots in the approvcd tracts total 685 lots and that lots may be shifted between tracts without increasing the overall number of lots and be in substantial conformity with the Revised University Project Entitlemants as amended by this Development Agreement. The CITY Planner shall exercise his reasonable discretion to review transfers of lots between tracts and make the determination of substantial compliance. Other certain specific modifications of the Revised University Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto coustirute material provisions of the Development Agreement, and are incorporated herein. Ordinance No. 631 Page 10 of 68 B. Rules and Regulafion~ Pursuant to Califorma Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, the ordinances, roles, regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and design, improvement, and consunction standards and specifications applicable to development of the Project, shall be the Revised University Project Entitlements and those ordinances of the CITY, as implemented by this Development Agreement, roles, regulations and official policies and General Plan provisions in force at the time of the effective date of this Development Agreement, but only to the extent that they are consistent with the Revised University Project Entitlemerits, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's sn'eet improvement, lighting, storm drain, and 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, roles, regulations and official policies and General Plan 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, roles, 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: (i) modify the permitted types offand 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 requtrements for the conslxuction or provision of on-site or off-site improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of exactions, other than as are in each case specifically provided for hi this Development Agreement; (ii) prevent the Properly Owner from obtaining all necessary approvals, permats, certificates or other entitlements at such dates and under such circumstances as the Property Owner would otherwise be entitled under this Development Agreement; (iii) prevent or inhibit Property Owner fi'om comnaencing, continuing and finishing on a timely basis the consrcuction and development of the Revised University Project or timely satisfaction of Property Owner's obligations under this Development Agreement, in the manner contemplated by this Development Agreement; and/or (iv) render any conforming use of the Project Site a non-conforming use or any suncrate on the Project Site a non-conforming structure. C. Design and Infrastnacture Issues 1. Commercial. Park and School Sites The County's approved land uses in the Revised University Project are depicted on Exhibit "B". Despite these approved land uses, the CITY and Property Owner desire that Property Owner modify certain of the approved commercial sites, and provide for the joint use of the Park and School site in conformity with this Development Agreement. a. Con~_ercial Site._._____~s (i) The latex Properties Commercial Site The CITY desires that the commercial site located on the northwest comer of Banyan Avenue a~d Day Creek Boulevard be enlarged and have a minimum depth nfthree hundred (300) feet. If a larger commercial development is not feasible, then this site should be considered for residential development. However, fl'fis commercial site is owned by latex Properties, and not by Property Owner and, therefore, Property Owner has no legal ability to make an agreement about the future development of this commercial site. Nevertheless, Properly Owner shall use good faith, diligent efforts in negotiations with latex Properties to accommodate the CITY 's desires Ordinance No. 631 Page 11 of 68 to provide for a commercial site ofg. 1 acres in substantial conformity with Exhibit "C". The CITY recognizes that the commercial development depicted on Exhibit "C' does not meet the CITY's usual 10-acre minimum site. Should these negotiations result in an agreement to develop a larger commercial site, Property Owner agrees to make application to the CITY to modify its Entitlements and to use diligent, good faith efforts to cause an application to be made to the CITY for the entitlements to develop the larger commercial site. Should the negotiations not result in an agreement with Intex Propchins, then Property Owner may proceed with residential development of Tract 14494 of its project site, as generally depicted on Exhibit "D'. If a larger commercial development is not possible, then the Intex Properties Site may be considered for development with residential development or other CITY-approved commercial uses allowed under the low residential district of the Etiwanda North Specific Plan. In that case, the approved endtlements of Tract 14494 will be modified to extend the street south to Banyan Avenue, as generally depicted on Exhibit "D" and the CITY agrees to participate in any required condemnation proceeding to allow the construction of the new sueet to connect to Banyan Avenue in conformity with CITY standards. (ii) Area G Property Owner may apply to the CITY for development of the commercial site located within Area G of the Project Site Plan (see Exhibit "B') in accordance with the Revised University Project Entitlements and the CITY agrees to consider, in good faith, such application. The Panics acknowledge that the design criteria for this commercial development shall be those contained in the Etiwanda North Specific Plan, except the commercial site will be approximately 6.77 acres. All other development criteria shall comply with the applicable development standards of the CITY. Should commercial development under these criteria be infeasible, then the use of Area G will revert to residential, which may include a minimum of 26 lots for single farrally, detached homes, with minimum lot sizes of 7,200 square feet as depicted in Exhibit "E'. Upon final decision by the CITY that commercial development of Area G is not feasible, the Property Owner shall initiate a zone change and General Plan amendment for residential development of the site within 120 days of such final decision. b. Park and School Site~ The CITY and Property Owner agree to use diligent, good faith efforts to obtain the Etiwanda School District's agreement for reciprocal fights to shared parking facilities and use of the park site and school site. 2. Day Creek Boulevard Streetscapes The CITY desires that the design of Day Creek Boulevard streetscapes be modified from that approved as pan of the Revised University Project Entitlements, to accommodate a wider landscape setback along the east side of Day Creek Boulevard, and that the walls, pilasters and landscapes be modified to be substantially consistent with the development of Day Creek Boulevard south of the Project Site. Property Owner agrees to modify the design of Day Creek Boulevard as depicted on Exhibit "F", to build said streetscapes in substantial conformity with Exhibit "F-I'. With the exception of grading and hartscape requirements, the improvements for Day Creek Boulevard shall be substantially consistent with the CITY's approved Day Creek Boulevard Master Plan however, the Parties acknowledge and agree that the median width shall be a maximum of 10 feel and the parkway on the east side of Day Creek Boulevard shall be 25 feet in depth from curb face, except as shown on Exhibit "F-2". The monuments at the intersections on Day Creek Boulevard shall be constructed in substantial conformity with Exhibits "G" and "G-I' and with the "Entry Monument Consstructions Documents" on file with the CITY on October 1, 1999. 3. Banvan/Summit Avenue From SCE Easement to Rochester Avem~r The CITY desires that Banyan Avenue, west of Day Creek Boulevard, be fully extended from the existing Southern California Edison easement, which parallels the western boundary of the Project Site, through to Rochester Avenue on the west as this is identified as a vital link in the C1TY's circulation plan. The CITY acknowledges and agrees that such extension is not a pan of the Revised University Project Entitlements, and is not required for traffic circulation related solely to the Revised University Project. Property Owner hereby agrees to provide the funding, and/or, construction necessary to build the unprovementa to Banyan Avenue through to ~'~""""~: :=~""'~ -6- Ordinance No. 631 Page 12 of 68 Rochester Avenue, including all construction drawings and plans. The CITY agrees that witnin thU'ty (30) days of the receipt of final drawings and required completed applications, it will apply to the County of San Bernardinn and any other local, State or Federal agencies with jurisdiction for all necessary perr~ts to complete such improvements (the "Penrots"). Property Owner shall have no obligation to obtain the Permits, but agrees to cooperate as necessary with the CITY to obtain such Permits. Once the CITY has obtained the Permits, ProperW Owner agrees to make such approved improvements To Banyan Avenue, in substantial conforn'uty with the improvements depicted on Exhibit "H". The CITY agrees that it has requested that landscaping, including irrigation, be installed along the south side of the extension of Banyan Avenue, west of the propeny line of the Project site, and the CITY agrees that it will be responsible for the cost of maintenance of this landscaping, which may include, at the CITY's option, inclusion in any landscape maintenance dis~ct created pursuant to Section 2K, below. Artached as Exhibit "H-l" is the "Banyan Offsite Full Width Conswuction" costs estimate. 4. Dry Utilities The Revised University Project Entitlcments do not require that Bttrd vaults be installed and the CITY and Property Owner agree that no Butd vaults will be required tha'oughout the Project Site. 5. .S!opes Grading plans depicting slopes in all landscape maintenance districts CLMDs") shall be reviewed and approved by the CITY. The goal of such review is to minirmze the slopes within the LMD project site areas. 2H: 1V slopes may be permitted for up to 12 feet, six inches (12.5 feet) in height; bardscape confonTnng to the CITY's standards above the 12.5 feet height may be used upon review and agreement with CITY Staff and with retaining walls and/or crib walls as approved by the CITY Engineer. The location of slopes in excess of 12.5 feet witkin the Project Site are depicted on Exhibit "I". Proposed specific slope treatments which shall be applied to the slopes in excess of 12.5 feet are depicted on Exhibits "I-I" through "1-6". 6. Area H - with 68 Future Lots The Revised University Project Entitleinches include a densily of 68 lots on lots of a minimum size of 10,000 square feet for Area H, as depicted on Exhibit "B'. Propert~ Owner proposes to develop Area H as generally depicted on Exhibit 'T'. The Proper~ Owner shall cooperate with the CITY to address transportation and circulation issues. The CITY agrees that this density will be applied to Area H, including the agreement to allow grading to achieve this density, unless public health and safely issues preclude approval of the necessary grading to allow the density as approved in the Revised University Project Entirlements. The CITY further agrees that any future approvals for Area H will rely upon the Revised University Project Entitlemerits, including the SEIR. In all other respects, Area H shall be reviewed and approved in compiiance with the CITY's then applicable roles and regulations. The CITY acknowledges that the property now owned by the Etiwanda School Dislrict, identified as Area I in paragraph 7 below, may allow for residential development and provide alternate access to Area H. In the event that such development of Area I is approved, the Property Owner shall alter its development to accommodate the additional point of access. 7. Area I - Etiwanda School District Property The Parties acknowledge that the Etiwanda School District CDismct") owns the area depicted as Area I on Exhibit "K". Representations have been made to the Parties that the District is prepared to submit a tentative uact map for residential development in Area I which will propose the development of 30 lots in accordance with the Etiwanda North Specific Plan. The CITY and Property Owner agree to use diligent, good faith efforts in considering the development of Area I in conjunction with the Revised University Project. 8. Paseos. In accordance with the previous Settlement Agreement among CITY, COUNTY and Property Owner's predecessors-in-interest, the Project Site is to include seven (7) additional paseos to provide access to the ttails provided in CITY. The CITY and Property Owner agree that the number ofpaseos to be required n...x.,._.~ ,,__ ~ - 7 - Ordinance No. 631 Page 13 of 68 within the Project Site and the location of the paseos shall be approved by the CITY's Trails Commirtee. The CITY's Staff accepts eight (8) foot maximum widths for consu'uction of the paseos in substantial conforrruty with the drawing attached as Exhibits "L' and "L-1 ", 9. Circulation Issues and Fees a. Hanson A~areRates (i) .Access. The Revised University Project Entitlemcnts require that Property Owner provide to the Hanson Aggregates operation located west of the Project Site, interim and permanent access along Banyan Avenue to the Day Creek Boulevard interchange at State Highway Route 30. CITY and Property Owner agree that such access shall be provided in accordance with the Revised University Project Entitlements and as depicted on Exhibit "M". Furthermore, the Parties agree that the intersection of Banyan Avenue and Day Creek Boulevard will be conSm~cted in substantial conformity to the depiction on Exhibit "M-1 ". (it) Disclosure. Property Owner agrees to provide a disclosure statement to all pttrchasers stating that the Hanson Aggregates operations has rights of access for its truck txaffic along Banyan Avenue from the operation to Day Creek Boulevard, and to the interchange at State Highway Route 30. b. Transportation Fee/Traffic Impacts Analysi~ Circulation improven~nts necessary to serve the area in and around the Project Site, not currently within the CITY, are generally depicted on Exhibit "N." The Parties acknowledge that the Property Owner plans to build improvements that exceed the Project Transportation requirements. The CITY agrees to establish a circulation fee for the area depicted on Exhibit "N" as a mechanism to reimburse the Property Owner for conslruction of infras~ucture in excess of Property Owner's fair share. The fee shall be calculated on a per-acre basis, with the cost of the infras~n~cture allocated to the benefiting properties. Exhibit "N-I" depicts the benefitrag properties and their respective fair share. Exhibit "'N-2" through "N-5" depict the estimated costs of the mfrastrdcture. Exhibit "N-6" depicts the street cross-sections. c. Other Circulation Improvements The CITY has requested and the Property owner has agreed to make the following changes to the Revised University Project: (i) Hanley Avenue shall be a minimum orS0 feet in width, curb to curb, from Banyan SU'eet to the School District's north property line in order to provide left turn pockets and overflow parking for the school as depicted on Exhibit "O". (it) Property Owner shall construct sidewalks on the west side of Hanley Avenue from Banyan Street to Wilson Avenue, except for the portion of fee property depicted as "N.A.P." on Exhibit "P". As to this portion, the Parties acknowledge that the School District owns this portion and has already submined plans to the State of California which depict the conslrdctinn of a sidewalk on this portion, (iii) Traffic signals shall be installed on Day Creek Boulevard at Wilson Avenue, Banyan Avenue, and Vintage Drive, the traffic signal at the intersection of Banyan Street and Day Creek Boulevard shall be operational when warranted, or by the issuance oft he one-hundred and fiftieth (150'~) building permit, whichever first occurs. The other traffic signals shall be installed by the end of the Project development, or when warranted, whichever first occurs. (iv) A raised median shall be provided on Day Creek Boulevard from Wilson Avenue to the Route 30 Freeway. Median island openings shall be allowed on Day Creek Boulevard at Wilson Avenue, the intersection located one-half distance between Wilson Avenue and Banyan Street, Banyan Street and Vintage Drive. Ordinance No. 631 Page 14 of 68 (v) Banyan Street from Harticy Avenue to Rochester and Day Creek Boulevard from the Route 30 Freeway to the north project limit; shall be posted "no parking any time". (vi) Wilson Avenue shall be fully improved by Property Owner from the westem boundary of Tract 14494 to the existing terminus of Wilson Avenue located west of Haniey Avenue, except for the north side of Wilson Avenue from Hanley Avenue to the point that is approximately 330' east of Day Creek Boulevard which is the responsibility of Trnct 13527, except one lane north of the median shall be installed to allow for traffic circulation. Wilson Avenue shall be constructed with 72 feet of paved width, from curb to curb. A raised medium shall be constructed on Wilson Avenue, with median breaks allowed only at Day Creek Boulevard and HartIcy Avenue. Any other median breaks must be approved by the CITY Engineer. The westerly terrmnua of Wilson Avenue shall include a suitable turn-around area for vehicles. (vii) Wilson Avenue shall be open to public traffic, but not necessarily fully improved, prior to issuance of any certificate of occupancy. (viii) Property Owner shall construct Day Creek Boulevard from Route 30 to Vintage Avenue, as depicted on Exhibit "F', by the issuance of the one-huncireth ( 10¢h) building permit, except that the Parties acknowledge this construction cannot be completed without the cooperation of third panics who own the properties on the west side of Day Creek Boulevard above Route 30 or condenmation of a right of way along these properties. If, for any reason outside the control of the CITY and the Property Owner, Property Owner cannot timely complete the constraction of this portion of Day Creek Boulevard, then Property Owner shall be entitled to deposit with the CITY a sum of cash or a letter of credit equal to two-hundred percent (200%) of the projected actual costs, either total or partial, of such construction in full and complete satisfaction of its obligation, and to be relieved of any further restrictions on the issuance of building permits. If the CITY is required to construct these improvements because of the Property Owner's failure or inability to do so, then Property Owner shall be entitled to an acconntmg for the use of funds by the CITY to complete the construction and to a refund of monies not used for such conslnlction. d. Reimbursement to Propercy Owner from The CITY's Street Improvement Denosits The CITY acknowledges that it has received deposits from other surrounding property owners or projects, including, but not limited to, Centex Homes (Tract 12659, $148,152.40), and Panda Development (Tract 13812, $225,000.00), and may collect other fees for construction along Hanley and/or Wilson Avenues (Tract 14120) (as more fully depicted on Exhibit ,,Q.) (the Street Improvement Deposits). The CITY agrees that it will cooperate with Property Owner to require such surrounding property owners or projects to complete such Street improvements so that the improvements on Sum nut Avenue and Hanley Avenue, on Vintage Drive and on Wilson Avenue are completed at the same time as Property Owner's adjacent development. Alternatively, the CITY will complete the construction of these Street Improvements using the Street Improvement Deposits, or the CITY agrees that Property Owner may elect to complete construction of all or a portion of the street improvements, limited to curb, gutter, street paving and striping, and street lights and CITY further agrees it will reimburse Property Owner from the Street Deposits upon the CITY Engineer's acceptance of the Street Improvements and review and of Property Owner's costs of construction, which approval shall not be unreasonably withheld. According to the Revised University Project Entitlements, the regional portion of the Etiwanda/San Sevaine drainage fee is $114,000.00, which Property Owner shall pay to the County, if required. The Property Owner shall also reimburse Kaufman & Broad and The Lyon Company on a per-acre basis for the construction of storm drain systems in Day Creek Boulevard south of Highland Avenue in the form of payments at the time of the frrst certificate of occupancy of any unit tributary to the storm drain systems. The per-acre basis calculation and Property Owner's fair share of the total cost of the construction of the storm drain systems set forth herein is contained in Exhibit "R." Ordinance No. 631 Page 15 of 68 D. Timin~ of Development and Fees 1. Development of Circulation Improvements a. Banvan/Sumrmt Avenue - Hanley Avenue to Rochester Avenn~ Propert~ Owner agrees to promptly make such improvements for acceptance by the CITY Engineer before the issuance of any building permit for a housing unit over and above one-hundred (100) such umts. However, if, for any reason not within the control of the CITY or the Property Owner, the CITY cannot obtain the Pertnits so that Proper~ Owner can complete the improvements prior to the issuance of the building permit for the one-hundred and first such unit, Property Owner shall be entitled to either deposit with the CITY a sum of cash or a lener of credit equal to two-hundr'ed percent (200%) of the projected actual cost, either total or partial, of the construction of the mrprovements in full and complete satisfaction of its obligation, and to be relieved of any further resu'ictions on the issuance of building permits. If the CITY is required to consn'uct these improvements because of the Propert70w'ner's failure or inability to do so, then Property Owner shall be entitled to an accounting for the CITY's use of the funds to complete the improvements, and to a refund of monies not used for such improvements. b. DayCreek Boulevard Propen~ Owner agrees to construct Day Creek Boulevard north to Wilson Avenue concth-rently with Phase 1 (as defined in the Revised University Entitlements) and that such improvements will be substantially complete no later than issuance of the one-hundredth ( 100m) building permit in the Project. The CITY agrees to promptly process all applications and permits consistent with its usual and customary procedures. Streetscape improvements from the curb will be consl~ucted as development of the adjacent n'acts occurs. 2. Development of the Park Site Property Owner agrees to consn'uct the Park (as defined in the Revised University Project Entitlements) at the park site in substantial conformity with the depiction on Exhibit "S" and in conformance with ADA standards, except that the Pardes agree that the Park will be constructed with up to four (4) lit basketball courts and lwo (2) lit ball fields. The Park improvements will be substantially complete no later than issuance of the one- hundredth (1 00t~) building permit in the Project. The Pardes agree that the product specifications for the park amenities are listed on Exhibits "S-I" through "S-2" and that such amenities shall conform to CITY standards. The quantities and sizes of the amenities and materials shall be as depicted on Exhibit "S-Y' and any remaining issues shall conform to CITY standards. The CITY agrees to promptly process all applications and permits consistent with its usual and cnstornary procedures. The CITY agrees that through dedication of 10 acres and construction of the Park, Property Owner will exceed, through its construction costs, all requirements of the CITY's parks fees and applicable standards. The CITY waives any requirement for payment of a Park fee against the Revised University Project. Property Owner shall dedicate the Park to the CITY and the CITY shall accept the dedication promptly upon completion. The CITY reserves the fight to name the Park. 3. Develonment of Remainder of Profeet Site Neither Property Owner nor CITY can presently predict when or the rate at which phases of the Project Site shall be developed, since aneh decisions depend upon numerous factors which are not within the conuol of Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition, and other factors. The Panics 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 desin 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 judgemerit of subsequent owners of the Project Site. Ordinance No. 631 Page 16 of 68 4. CITY's Cooneration 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 inchidc, 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 21 below. Without limiting the effect of any other provision of this Development Agrecmcnt, any rutuse 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 Ow'ner's vested rights to develop the Project under this Deveinpmcnt Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subjcct to cstablishcd procedures in effect in the entire CITY, including Development and Design Review, as specified in thc Existing Laws. However, the criteria used in the evaluation of each dcvclopmcnt proposal shall bc based on the objectives, policies and specific dcvclopment standards specified herein. 5. Force Matcure Notwithstanding anyfixing to the contrary contained in this Development Agrccmcnt, Property Owner and CITY shall be excused fxom performance of thcix obligations under this Dcvclopmcnt Agreement during any period of delay caused by acts of God or civil commotion, nots, 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 other party, economic consideration or any other cause beyond the reasonable conlxol of CITY or Property Owner, as applicable. The time of pcrformance of such obligations as well as the term of this Development Agreement shall automatically be extended by the period of such delay hcrcundcr. E. Reimbursement Provision 1. Reimbursement Mechanism As set forth herein, pursuant to the Revised University Project Entitlements, the Property Owner will construct certain traffic/circulation improvements which will benefit other property owners and developments adjacent to or surrounding the Project Site. The Property Owner has incurred the costs of designing these improvements and will incur additional costs, including but not limited to consmlctinn, installation, permit and mspection (the "Costs"), as depicted in Exhibits "O_l" and "O.2." ThcPardcsagrecandacknowledgcthatthc Costs are esthnates, and ultimately, Pwperty Owner will submit its actual costs to the CITY, and the CITY's calculation of Property Owner's reimbursement shall be based upon such actual costs. The CITY further acknowledges and agrees that as a part of the approvals of each of the projects referenced herein, it will condition such projects to pay fees for Inffic/circula~on improvements consistent with Section 9.b. hereof. This will provide the sole source of funds to rehnburse Property Owner for its Costs. The Property Owner, upon application to the CITY made by the Property Owner not more frequently than once a calendar quarter, will be entitled to recover from the CITY the fees so collected as reimbursable Costs. The CITY finds it reasonable and appropriate to provide for a mechanism for reimbursement to the Property Owner for these Costs. However, the CITY's reimbursement obligations shall be limited to the extent that the CITY can collect such funds. 2. Term of Reimbursement Provision The CITY agrees to collect the funds identified and to use those funds to reimburse the Property Owner, without interest thereon, pursuant to this provision. This reimbursement provision shall continue in effect until the Property Owner has been fully reimbursed as set forth herein, and shall survive the Term of this Development Agreement, unless the obligation is sooner satisfied by the payment in full of all reimbursable Costs due and owing to the Property Owner, after which the obligation shall cease. Ordinance No. 631 Page 17 of 68 F. Future Entitlements With respect to any entirlements that Property Owner may require in the filmre, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review related to the Park Site, Commercial Sites and Area H, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, roles, 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 entitlemerits which are consistent with the Revised Unlvcrsirv Project Emitlements as amended by this Development Agreement, except as otherwise specifically required by state or federal law. G. Environmental Review Other than the mitigation measures and conditions of approval set forth in the SEIR and the Revised University Project Entitlemerits (and any additional filmre mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Revised University Project, as presently approved and as evaluated in the SEIR, shall be required. In connection with the CITY's issuance of any further entitlement (as comemplated in Section 2F 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 pertained by CEQA, the CITY shall use anal adopt the SEIR and other existing envh'onmcntal reports and studies as adequately adckessmg the environmental impacts of such matter or matters, without requinng new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) m mitigate, as pernutted by CEQA, the adverse environmental impacts of such filtu~re entitlemerits, which were not considered at the time of approval of the Project; provided, however, that: (i) Unless required by state or federal law, no new or additional mitigation measures shall be imposed as a result of any Future Policies; and (ii) The CITY agrees and acknowledges that the TIA incorporated in the SEIR has fully analyzed the uaffic projected to be generated fi'om the Revised University Project, and, in accordance with all applicable legal requirements including, without limitation, the T[A Guidelines set forth in the San Bernardino County Congestion Managemere Plan ("CMP'), no additional traffic impact analysis shall be rcquil-ed for development of the Project Site as long as the number of vehicle trips generated do not exceed the vehicle u'ips evaluated in the TIA analysis. In the event and at such time as the Project generates more vehicle u'ips than analyzed in the TIA, the CITY may require a new tnffic impact analysis in accordance with such CMP standards as may exist at such time. Except in such event (and except for such tnffic circulation/site-access analysis as may be reasonably required to determine the configuration and alignment of Streets adjacent or internal to the Project), no further traffic impact analyses shall be required by the CITY with respect to implementation of the Project. H. CITY Fees and Mand~t~: bv State or Federal Law~ The Paxties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Revised University Project and Property Owner (collectively, "Fees") fall within one of three categories: (a) fees for processing land use and consU'uction pernut 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 comemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which pu~ort to defray all or a portion of the cost of trapacts to certain public facilities, improvements and other amentries f'com 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 filmre by the CITY for purposes ofdefzaymg all or a portion of the cost of public facilities, improvements, or amentries related to development projects, but excluding the Existing Fee Categories ("Other Fees"). The Property. Owner's obligation to pay Fe~s shah be specifically governed by the following provisions: m,.~--.,~j, ,,-2~,, - 12 - Ordinance No. 631 Page 18 of 68 1. Processin~ Fees. The CITY may charge Processing Fees '.,rich 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 .S (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 jurisdictional limits of the CITY. 2. Existin Fee Care ories. As set forth above, the CITY agrees that certain fee categories, (including, without limitation, Transportation Improvement fees, storm drain improvement fees, and commumty park fees) have been or will be met by Property Owner through the consu'uction of improvements. In consideration of the construction costs to be borne by Property Owner, CITY waives its right to collect a Beautification Fee from the development of the Revised University Project. Neither Property Owner nor the Project shall be subject to any additional CITY unposed fees, impositions or monetary exactions with respect to any Existing Fee Categories, for a period often (10) years following the effective date of this Agreement. The period during which fees within any Existing Fee Categories are limited as described in this section (and as further applied in paragraph 3 below) is rcferrcd to hcrcinaficr as the "Fee Limitation Period." 3. Other Fees. In consideration of thc Property Owncr's agreement to modify the Revised University Project Entiticmcnts 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 Property Owner or the Revised University 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 Section 2G above. Even in those cases where Property Owner or the Project may be required to pay Other Fccs, any such Other Fccs shall be limitcd to Property Owncr's fair share cun~ibution to finpacts created by the Project, shall not discriminate against Property Owner (as compared tO other property owners in the CITY) and shall not duplicate any Exactions or other mitigations or fees contributed or paid by Property Owner or the Project, or bomc by property Owncr or the Project through in-lieu construction. 4. Fiscal IrnDact Analysis. In consideration of the Property Owncrs' agrccmcnt to modify · the Revised University Project Entitlernents as specifically set forth in this Devclopment Agrccment and to implement the timing of development and improvements in accordancc with the terms set forth above, and including the additional improvements the Properly Owner has agreed to construct, including but not limited to, the cxtcusion of Banyan Avenue from the SCE Easement to Rochester Avenue, the CITY hcreby waives any requirement which it could impose of the Properly Owner or the revised University Project to complcte a fiscal analysis for any approvals or pewnits that the CITY might issue under this Development Agreement. I. Non-Discretionary Permits The Parties acknowledge that in the course of implementing thc Reviscd University Project, Property Owner will, from time to time, apply to the CITY for various ministerial pertmrs, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading perrmts, construction permits, certificates ofoccupuncy and permits required to cormcct the Project to utility systems under the CITY's jurisdiction (collectively, the "Non-Discretionary pcnmts"). Property Owner shall have the right to apply for any such Non-Discretionary Penmrs in accordance with the Existing Laws (and any applicable Future Policies under Section 2B, above). The CITY shall issue to Propcny Owner, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the terms of this Developmcnt Agreement, the CITY's Existing Laws (and any applicable Furore Policies under Section 2B above) and payment of CITY's usual and cnstomary fees and charges for such applications and Non-Discretionary Permits (subject to the provisions of Section H above). The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in connection with such Non-Discrctionasy Pernuts (the "Approvcd Plans"), all further entitlemerits, approvals and consents requircd from the CITY to unplcmcnt the Project which are consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Aguemerit. ~.~,.~.~.__~-~o - 13 - Ordinance No. 631 Page 19 of 68 J. Cooperation 1. Coooeration With Other Public Aeencies The CITY acknowledges that 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 Revised University Project. in connection with the development of or provision of services to the Project, including, without limitation, approvals in connection with developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infraslructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including, without limitation, the Cucamonga County Water Dislfict. and the Inland Empire Utilities Agency, and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Cons~'uction of Off-Site Inmrnvements To the extent that Property Owner is required to consmace any off-site improvements as a c?ndilion of ~eveloping the Project. the Property Owner shall make good faith, diligent efforts to acquire any off- s~te properly roterases required to construct such public improvements. If Property Owner fails to do sn, Property Owner shall, at least 120 days prior to submittal of the f'u'st final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 at such time as the CITY acquires 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 by Property Owner, at Properly Ownar'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 consn'uction of any substantial infrasl~ucture on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owner to the Nilest extent possible in obtaining reimbursement ur 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 bene~ted property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction costs of such improvements. Without limiting the generality of the foregoing, the CITY agrees that with respect to the infrastructure improvements identified in Section 2E above, which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for construction and related costs incurred in providing such improvements to the extent legally permissible. 3. ~ The Pardes hereby acknowledge that substantial public improvements must be constructed in order to develop the Park Site and the School 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 Revised University Project. Subject to the 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 infrasmacture improvements. The unplementation of such plan may include, without limitation, the formation of one or more assessment dis~'icts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. The Parties acknowledge that it is Property Owner's intention to request that the Etiwanda School District act as the lead agency for the plan, possibly with a joint powera agreement with CITY, for school facilities fees, the Park improveraents, the storm drain improvements, and other CITY facilities. If the Etiwanda School District declines to act as the lead agency, CITY agrees to act in that capacity. All formation costs shall be borne by Property Owner subject to reimbursement by the Community Facilities Dish'ice. Ordinance No. 631 Page 20 of 68 K. Creation of the Landscape and Street Li~htin~ Maintenance Districts The CITY agrees to promptly form the necessary Landscape and Lighting Maintenance Dismen CLMD") pursuant to California Su'eeta and Highways Code Sections 22500 et seq. (the "Landscaping and Lighting . Act of 1972") for the Revised University Project development to encompass the Project Site as well as the area being annexed by the CITY in accordance with the Settlement and Pre-Annexation Agreement. The Property Owner shall pay for the formation of the LIVIDs. The Parties agree that the LMD's must be established no later than recordation of the final t~act map and that the CITY may create LMD's which allow annexation of other areas. The Panics also acknowledge that assessments for LMD's are collected annually in June, and to the extent that assessments are not collected thi'ough the LMD for the period ending June 2001, the CITY may request, and 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 LMD's. Section 3. ANNUAL REVIE__W A. Good Faith Comblianee Pursuant to California Government Code Section 65865.1, 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 armnal review, Property Owner shall provide such information as may be reasonably requested by the CITY in order to determine whether any provisions of th~s Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Properly Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 will apply. B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the Community Development Director 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 consu'uctive record notice of compliance. Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. ~ If, upon completion of the annual review, the Community Development Director intends to find that Property Owner has not complied in good faith with the material terms of this Development Agreement (a "Default"), he shall first give written notice to such effect to Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concertorig 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 perforraance 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 peint-by-ponit bash. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the Community Development Director. Within 10 days after the expiration of such 20-day response period, the Community Developmere Director 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 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 m the time necessary to bring Property Owner's performance into good faith compliance. Ordinance No. 631 Page 21 of 68 D. Ri~,ht to Aooeal Upon receipt of a Notice of Default, Property Owner may appeal the Community Development Director's decision directly to the City Council. Such appeal shall be initiated by filing a wrilten notice of appeal with the Ci~ Clerk within ten (10) calendar days following Property Owner's receipt of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with Section 17.02.080 of the Cr'fY's Development Code. At the hearing, Properly Owner shall be entitled to submit evidence and to address all of the issues raised by the Notice of Default. If, after considering all of the evidence presented at the hearing, the City Council finds and ~eterr~nes on the basis of substantial evidence that Properly Owner is in Default, then the Civf Council shall specify m writing to Properly Owner the instances in which Properly Owner has failed to con~ly and the terms under which compliance can be obtained, and shall also specify a reasonable time for Propervf Owner to meet the terms of compliance, which time shall not be less than ~ {30) days from the date of such writing f-/om the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. E. Proner~ Owner's Cure Ris, hf~ If Property Owner is in Default under this Development A~reement, 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 W otherwise amend or limit Properly Owner's rights under ~is Development A~reement. In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less ~han the time reasonably necessary to cure such Default. Any such cure period shall be extended by the force majeure circumstances described in Section 2D5 above. Section 4. ENFORCEMENT A. Enforceable b Either Pa Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the Parlies. 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 extem otherwise pertrotted 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 ofmandamus. 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 4B are not intended to modify other pwvisions of this Development Agreement and are not intended to provide additional remedies not otherwise pertained by law. C. Attorneys' Fees In any legal proceedings brought by either party to enfurcc any covenant or any of the Parties' rights or rereadits under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall bc entitled to recover reasonable a~tomeys' fees and all reasonable costs, cxpemcs and disbursements in connection with such action. Any such allomeys' fees and other expenses incurred by either of the Panics in enforcing a judgment in its favor under this Development Agrcemeni, shall bc ncovcrablc separately from and in adthlion to any other arnonnt included in such judgment, and such anomcys' fees obligation is intended to b~ severable from the other provisions nfthis Developmcnt Agreement and to survive and not bc merged into any such judgmenL Ordinance No. 631 Page 22 of 68 Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1C above, the terms of this Devchipment Agreement shall be binding upon and inurc to the benefit of the Parries, and their successors and assigns. insolaf as this Dcvelopmcnt Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Proiect as a Private Underrakin~ It is specifically understood and agreed by and bet%vccn the Parties that the Revised University 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 cach of the Parries is an independent con~xacdng entity with respect to the terms, covenants and conditions contained in this Development Agreement. No parmcrship, joint venture or other association of any kind is formed by this Devclopment Agreement. The only relationship between the CITY and Property Owner is ~hat of a government entity regulating the development of private property and the owner of such private property. C. Cantions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, consuue, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement, D. Mortgagee Protection 1. Discretion to Encumber. This Development Agrecmcnt shall not prevent or lirrnt Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Revised University Project or any portion of the Revised University Project or any improvement on the Revised UnivcrsiD/Project, by any morrgagc, deed of n'ust or other security device securing financing with respect to all or any pan of the Revised University Project or any improvement thereon (a "Mortgage"). 2. Effect of DefauJ_t. 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 licn of any mortgage or deed of~nst. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Morrgage made in good faith and for value. 3, Mon~,a2ee NoI Obligated Notwithstanding anylhing in this Development Agreement to the conn'ary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire title to or possession of all or any portion of the Revised University Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or nonjudicial forcclnsuxc, deed in lieu of forcclosure, or otherwise, and such Morrgagee shall not have any obligation under this Development Agreement to consu-uct, fund or otherwise perform any affxrmativc obligation or afftrmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagcc may, aficr acquiring title to all or any porrion of the Projcct as aforesaid, assign or otherwise U'ansfcr 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 u'ansferee of the obligations of the Properly Owner with respect to the Property or portion thereof so acquired which arise or accrue from and after the date of assignment or ~xansfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to thc Project or portion thereof so assigned or ~xansfcrfcd; and (b) the consent of CITY shall not be required for the acquisition of all or any porrion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Morrgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Properry Owner with rnspcct to the Project or porrion thereof so acquired which arise or accn~e Ordinance No. 631 Page 23 of 68 subsequent to the date of purchase, but such purchaser shall not be responsible for an~ prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) and (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to the granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall 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 Mortl~a~:ee: P-j~;ht of Mort~a~;ee to Cure. Ira Mortgagee files with the CITY Clerk, a wrinen notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, then the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period ofthhly (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 reasonably necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such tlm. ty (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 if such Mortgagee shall, witbAn such thrny (30) day period, commence efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appoinnnent 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 3E above. 5. Bankruntcv. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by 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 duxing the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition. 6. Amendment to Develonment A~reement. The CITY and Property Owner agree not to ~nodify or amend this Development Agreement or to allow this Development Agreement to be modified or amended m any way, or cancel this Development Agreement, without the prior wnnen 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 preser,,e 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 (and to 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 Revised UniversiP/Project Entitlements and the Existing Laws. E. Consent Where the consent or approval of any of the Panics is required in ur necessary under this Development Agreement, unless the context otherwise indicates such consent or approval shall not be unxeasonably withheld. ' ' F. ~ This Development Agreement and the documents artached to and referred to in this Development Agreement constitute the entire agreement between the Parties with respect to the subject ma~er of this Development Agreement. ~A,____~,,~ - 18 - Ordinance .No. 631 Page 24 of 68 G. Further Actions and Instruments Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent comemplated 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. Govemin~ 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. Reeordinl,~ 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 ( I 0) days following the effective date of this Development 'Agreement. 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 sn'ict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar natur~ 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. Partial Invalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemad effective upon the delivery of such notice to the pan'y for which it is intended at the address set forth below (or, in the case ofa u'ansferee, at the address specified by such ~ansferee in a w~nen notice to CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Panics' current address are as follows: To CITY: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Arm: Community Development Director Ordinance No. 631 Page 25 of 68 With copies to: Mr. James Markman City Altomey Richarts, Watson & Gershon One Civic Center Circle Brea, California 92821 To Property Owner: U.C.P., Inc. 5109 La Palma, Suite D Anaheim Hills, California 92807 Arm: Mr. Bruce Elieft Mr. Ben Anderson With copies to: Gresham, Savage, Nolan & Tilden 600 N. Arrowhead Avenue, Suite 300 San Bernardino, California 92401 Arm: Mr. Mark Ostoich Ms. Penny Alexander-Kelley Either of the Parties 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 of the 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, attorueys, 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 Agreeruent; provided, however, that Property Owner's obligations under this Section are subject to and condifioned upon the CITY and Property Owner entering into a mutually satisfactory joint defense agreement under which the CITY shall cooperate fully with Property Owner in the defense of any such claim, action or proceeding, Property Owner will be entitled to coordinate and direct the prosecution and defense of such claim, action, or proceeding, and Property Owner shall retsth settlement authority with respect thereto. The CITY and Propeny Owner agree not to unreasonably withhold or delay their approval of such joint defense agreement. IN WITNESS Vd-IEREOF, the Panics have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA U.C.P., Inc. a Califorma corporation By: By: Mayor Name: Bruce Elieft Its: AliaSTED TO: City Clerk APPROVED AS TO FORM: Ordinance No. 631 Page 26 of 68 City Anomcy Atlorneys for U.C.P., Inc. Ordinance No. 631 Page 27 of 68 LEGAL DESCRIPTION OF PROJECT SITE U.C.P. owned property is described as follows: BEING A SUBDIVISION OF A PORTION OF SECTIONS 20 AND 29, TOWNSHIp I NORTH, RANGE 6 WEST, SAN BERNARDION BASE AND MERIDIAN, IN SAN BERNARDINO COUNTy, IN THE STATE OF CALIFORNIA. Excepting therefrom the Intex owned properties further described as follows: THE SOUTH ~ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 29 AND THE NORTH ~ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29 AND THE SOUTH ',/a OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 29 EXCEPTING THE WESTERLY 330 FEET, ALL IN TOWNSHIp 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAN BERNARIDNO COUNTY, IN THE STATE OF CALIFORNIA. EXHIBIT "A" Ordinance No. 631 Page 28 of ~ "' LEGEND SINGLE FAMILY (7.200 SF = MINIMUM LOT SIZE) PUBLIC (PARK & ELEM. SCHOOL) CO{~MERC[AL RANCHO ETIWANDA ADOPTED UNIVERSITY "': PLANNED DEVELOPMENT ALLARD ENGINEER[NO ;'-"~-~' ,~, EXHIBIT 8 j .... ' ' · ' Ordinance No. 631 Page 29 of 68 I RANCH0 ETIWANDA.:~.:?:..,:, I -n~c-r :~.~.94'- BANYAN COMMERCIAL SITE ' I"'" 9.1 ACRE OPTION :' """"' ~GJT~E~I~G .... "' · ' -::i.'.' Ordinance No. 631 Page 30 of 68 RANCH0 ETIWANDA TRACT !'!.d94 BANYAN CffiOMMERCIAL SITE RE,DENTaL OFRON Vl ::)rdinance No. 631 Page 31 of 68 65' 88' 63' 97' ~'- 106' 98' ~ 3 99'  100__' as_Z_' 1o6, 107' . ~ 9 ~ s2' ~' - - -- 108' 16 100' ~ ~' "~ Ordinance No. 631 Page 32 of 68 Wt:5"f E,L~T '~2' ,12'-~002'' ,',2' ' 16' I g. LAND<, ~2' ~ 321_4.' ROUTE 30 TO VINTAGE DRIVE N.T,$, · ' 1 ' ' GLrFrEj 9' LANDS ,~,~.~ '!o '~ . ~ ' . · VINTAGE DRIVE TO WILSON AVENUF WILSON AVENUE TO NORTH PROPERTY LINF N .T.S. RANCHO ETIWAND~z DAY CREEK BOULEVARD STREET CROSS SECTION EXHIBIT F Ordinance No. 631 Page 33 of 68 FIOUTE 80 TO VINTAGE DRfvi:= WILSON AVENIJE TO NORTH PROPERTY UM= N.T.S. TREt WASH IGTON IA ROBUSTA I .~'~ SHRUBS & ,~ GROUND COV'! 7:1 ~../'~ 4' WALK 10' WALK JS & GROUND COVER CANOPY TREE RIVER ROCK PYRUS CALLERYANA ~ VINTAGE ~ TO ~ AVENL,'F RLNCI--IO ETIWA_ND.A_ STREETSCAPE EXHIBIT EXHIBff F-1 Ordinance No. 631 Page 34 of 68 10' WALK MEDIAN DAYCREEK BLVD. BUS STOP SECTION EAST SIDE ,//~.2' 36" HIGH - RETAINING WALL 't',l VINES @ 25' 10' WALK ° ~ ~ ' 10' WALK 7 7~ 36' HIGH ~ RETAINING WALL ~ 15 GALLON I~' I~ , SHRUBS ~ 42' O.C. LOT ~35 LOTS 16, 17 .DAYCREEK BLVD. LOTS 16, 17, & 35 EAST SIDE RANCH0 ETIWANDA · - STREETSCApE EXHII3|T EXHIBIT F-2 Ordinance No. 631 Page 35 of 68 MAJOR ENTRY MONUMENT 3NDARY ENTRY MONUMENT RANCH0 ETIWANDA ~ -_.-. I INTERSECTIONS EXHIBIT G Ordinance No. 631 Page 36 of 68 f ,,'.,' '~'~'~~~ REFER TO ENTRY MONUMENT "~""~"~ ~,,~, CONSTRUCTION DOCUMENTS ON ~,. L ,..,=..~.,.,,.,...,.~ FILE WITH CITY FOR EXACT QNE/GF{ROR.HOOD ENT!~.y (~ MA$OR. D,~'~Y RANCH0 ETIWANDA INTERSECTIONS EXHIBIT G-1 Ordinance No. 631 Page 37 of 68 I ~ :j o I .......... .%_5 ..........~' ' Ordinance No. 631 Page 38 of 68 Banyan Offsite Full Width Construction UCP Incorporated Rancho Etiwanda 685 LOTS 250 ACRES DATE ESTIMATED: 2/22J00 DATE PRINTED: 4/8/00 ESTIMATED BY: Allard Engineenng PRICE ] AMOUNT CONSTRUCTION AC PAVING 56,200 S.F. $2.00 $112,40 CURB AND GUTTER 2,610 LF $10.00 $26,10 SIDEWALK 5,440 S.F. $3.00 $16,32 EQUESTRIAN TRAIL 15,520 S.F. $3.00 $46,56, 10' x 8' x 130' BOX CULVERT 1 EA. $200,000.00 $200,00, 6' x 4' x 130' BOX CULVERT I EA. $200,000.00 $200,00, 72' RCP 130 LF $282.00 $36,66~ HEADWALL 2 EA. $20,000.00 $40,00~ RIPRAP 14,000 TON $15.00 $210,00~ CATCH BASIN 2 EA. $5,000.00 $10,00{ CONCRETE DRIVEWAY 450 SF $5.00 $2,25( AC DRIVEWAY (TO PL) 3,720 SF $5.00 $18,60( 6' CHAIN LINK PENCE 2,190 LF $15.00 $32,85( 6' x 12' CHAIN LINK GATE 6 EA. $1,000.00 $6,00( SAN BERNARDINO COUNTY ROW 105,600 SF $1.00 $105,60( STREET LIGHTS 7 EA. $1,500.00 $10,50( LANDSCAPING 7,150 SF $4.00 $28,60( Sub Total Full Width Construction $1,102,44( ENGINEERING 6% $66,14( SURVEY 5% $55, PLAN CHECK/INSPECTION 8% $88,19,.t CONTINGENCY 20% $220,48E TOTAL FULL WIDTH CONSTRUCTION $1,532,39; Notes: Box Culvert costs are market projections EXHIBIT H-1 L Ordinance No. 631 Page 39 of 68 LEGEND .~ SLOPES HIGHER THAN 12+ ~ BXl-IIl~"r H I EXHIBFF I-6 EXHIBIT FZ I-5 EXHIBIT I-4 ~" EXHIBIT I-3 ,,,,,, RANCHO ETIWAND~ ~ LIVID SLOPES EXHIBIT ~ eegem~ ~ ~]Gh'WAy Ordinance No. 631 Page 40 of 68 RIVER ROCK 36" HIGH CRIB WALLS OR : RETAINING WALLS AS APPROVED ,...~ BY CITY ENGINEER. __ ~; i_ _ 4' WALK -- .~ WILSON AVENUE RANCHO ETIWANDA LIVE:) SLOPES EXHIBIT EXHIBIT I-I Ordinance No. 631 Page 41 of 68 4' WALK .DAYCREEK BLVD WEST SIDE RANCH0 ETIWANDA ----' EXHIBIT F2 4' WALK VINTAGE DRIVE RANCHO ETIWANDA LIVID SLOPES EXHIBIT EXHIBIT I-3 Ordinance No. 631 Page 43 of 68 RIVER ROCK -- 36" HIGH · I ""~' RETAINING WALL - ~ -- __ 10' WALK - DAYCREEK BLVD. EAST SIDE RANCHO ETIWANDA LJvD SLOPES EXHIBIT -'---. EXHIBIT I-4 Ordinance No. 631 Page 44 of 68 3~ .'/ .. IRETAINING~ WALL : 4' WALK HANLEY AVENUE RANCH0 ETIWANDA Lk~ SLOPES EXHIBIT EXHIBIT Ordinance No. 631 Page 45 of 68 TALL NARROW, ,,,~,~ UPRIGHT TREE , FLOWERING MEDIUM SHRUB CASCADING GROUND COVER  /,/ZL 4' HIGH RETAINING WALLS (2) t ~ 10' WALK +~ _ · , .PRIVATE SLOPE EXHIBIT RANCH0 ETIWANDA PRIVATE SLOPE EXHIBIT EXHIBIT I-6 Ordinance No. 631 Page 46 of 68 s .c .~. Intermediate School Site   ~I Wilson Avenue _ J~ 'I'm, r il~'~r"~l~l ~ RANCH0 ETIWANDA Ordinance No. 631 Page 47 of 68 I e~ICLL(:;)ES 30 LO'i'S OWNED BY ET'IWANDA SCI'-K:X::L DIST'R}CT RANCH0 ETIWANDA ~,~u~D ~r~ 715 LOT' LOTliNG EXHIBIT ,,,~,, ,, ,~ ,,.~, __ . EXHIB~' K I Ordinance No. 631 Page 48 of 68 W,DE MAx. LEGEND PASEO ,/~ PASEO LOCATION WIDE MAX. PASEO WiJson Avenue 8' WIDE MAX. PASEO 8' WIDE MAX. '~ PASEO 8' WIDE MAX. PASEO 20' WIDE STORI DRAIN AND Elementary Schoo[ Site 8' WIDE MAX lntex PASEO PASEO 8' WIDE MAX PASEO 20' WIDE PASEO 8' WIDE PASEO ~' w, oE .... RANCH0 ETIWAND~ PASEO .~A~ mGH~AY ": Ordinance No. 631 Page 49 of 68 RANCH0 ETIWANDA PASEO CROSSECTION EXHIBIT L-1 Ordinance No. 631 Page 50 of 68 0 J~ J:: 0 U ~ ~ -~ = ~ d Avenue ~ f j( TRAFFIC SIGNAL (tO BE INSTALLED BY ' . HANSEN AGGREGATE) ge Drive J ;tote Highway ~ ~te. 30 ROW-- / RANCH0 ETIWANDA HANSEN AC.-~_~:~ j~_~...~,~ ~.,~{~ HAUL F~AD Ordinance No. 631 Page 51 of 68 ~-' __ SCALE: 1 "= 'i 00' I I: .' ,' , .' ..,.'. i:-v ,~ ',..;L.'.:': "., "'. ~,::,~,:!/',;'. ', ~ a. ' ' ~' ' : I ~ ' ' ; "4:a' "" I " ..; '..::..'.1 .-- ~ ~ I. ~':.::'~{~":: .' ::::~ :":". · ~: I: ., .. , ..: :~ .. ~o~t~r S~Bem~o ~ ' *' ~ Summit Avenue .; . .; "' RANCHO ETIWANDA 'l :':"'; ~u':,.. ~ ~; . a~ .I '1".;.;,: ~ ,'.[..::.iF i :' . ..... ~ . : .~ .: .,o, ~ _. [ ~ I...--,-.'~. I ' "' ': ' ~ANSPO~A~ON Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etlwanda DATE ESTIMATED: 4115~00 DATE PRINTED: 4/21100 ESTIMATED BY: Allard Engineering Total Transportation Costs $3,028,800.00 Total Area Acres 508 Fee Per Acre $5,962.20 PER ACRE BASIS Parcel APN Acres Lots % of Project Fee Per Acre Fair Share Amount Comments UCP 232 685 46% $5,962.20 ' $1,383,231.50 No school or park Crest 240 660 47% $5,962.20 $1,430,929.13 660 lois exclude Park School Lots 12 30 2% $5,962.20 $71,546.46 30 lots IntexCommerclal 225-101-34 5 15 1% $5,962.20 $29,811.02 Intex Lots 225-161-45 5 15 1% $5,962.20 $29,811.02 Kolo 225-161-66 5 20 1% $5,962.20 $29.811.02 Chun 225-161-65 5 20 1% $5,962.20 $29.811.02 Chang 225-161-13 4 16 1% $5,962.20 ~23,848.82 R0 "o~ Total 508 100% $3,028,800.00 ~a ~ Ordinance No. 631 Page 54 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21100 ESTIMATED BY: Allard Engineering ITEM UNIT UNiT ITEM QUANTITY MEASUR PRICE AMOUNT FACILITY I ETIWANDAAvenue-25thstreettoLADWp 1320 LF $240.00 $316,800.O 2 DAY CREEK BLVD - RL30 to Wilson 4300 LF $240.00 $1,032,000.O 3 DAY CREEK BLVD - North of Wilson 800 LF $225.00 $180,000.0 4 WILSON AVE. - East of Day Creek 1400 LF $240.00 $336,000.0, 5 WILSON AVE. - West of Day Creek 1050 LF $220.00 $231,000.O~ 6 BANYAN AVENUE o Day Creek to Rochester 1320 LF $155.00 $204,600.OI 7 BANYAN AVENUE - Day Creek to Hanley 1380 LF $180.00 $248,400.0( 8 Traffic Signals 3 EA $160,000.00 $480,000.0( TOTAL ROADWAY IMPROVEMENTS $3,028,800.0( EXHIBIT N -2 Ordinance No. 631 Page 55 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Allard Engineenng ITEM ESTIMATED UNIT UNIT NUMBER ITEM QUANTITY PRICE AMOUNT MAJOR ROAD ETIWANDA Avenue - 25th street to LADWP Corridor Excavation 2,2 CY $1,60 $3.52 Fine Grade 78.0 SF $0.20 $15.60 5" AC over 12" AB 60.0 SF $1.50 $90.00 1" AC Cap 60.0 SF $0.40 $24.00 8" Curb &Gutter 2.0 LF $7.50 $15.00 8" Curb Only 2,0 LF $6,00 $12.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Median Landscaping SF $3.00 $0.00 Signing &Striping 4.0 LF $0.50 $2.00 Fog &Seal Coating 60.0 SF $0.15 $9,00 Sub Total $171,12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51.34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 DAY CREEK BLVD - Rt.30 to Wilson & WILSON AVE. - East of Day Creek Excavation 2.2 CY $1.60 $3.52 Fine Grade 78,0 SF $0.20 $15.60 5" AC over 12" AB 60.0 SF $1,50 $90.00 1 · AC Cap 60.0 SF $0.40 $24.00 8" Curb &Gutter 2.0 LF $7,50 $15.00 8" Curb Only 2.0 LF $6.00 $12.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0,00 Median Landscaping SF $3.00 $0,00 Signing & Striping 4.0 LF $0.50 $2.00 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total $171.12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51.34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 EXHIBIT N - 3 Ordinance No. 631 Page 56 of 68 Transportation Impact Fee Analysis o City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Allard Engineering ITEM ESTIMATI UNIT UNIT ITEM QUANTITY MEASURE PRICE AMOUNT DAY CREEK BLVD - North of Wilson Excavation 2.2 CY $1.60 $3.52 Fine Grade 78.0 SF $0.20 $15.60 5" AC over 12" AB 60.0 SF $1.50 S90.00 1' AC Cap 60.0 SF S0.40 $24.00 8" Curb &Gutter 2.0 LF $7,50 $15.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing & Striping 4.0 LF $0.50 $2.00 Fog &Seal Coating 60.0 S F $0.15 $9.00 Sub Total $159.12 Utility/Right of Way Allowance (10%) $15.91 Contingencies 30% ,$47,74 TOTAL $222.77 Estimated Cost Per Linear Foot "USE" $225.00 WILSON AVENUE - West of Day Creek Excavation 1.3 CY $1.60 $2.08 Fine Grade 60.0 SF $020 $12.00 5" AC over 12" AB 60.0 SF $1.50 $90.00 1" AC Cap 60.0 SF $040 $24.00 8" Curb &Gutter 2,0 LF $7.50 $15.00 4" P.C.C. Sidewalk SF $1,50 $0.00 Parkway Landscaping SF $2.50 $0.00 Signing & Striping 3,0 LF $0.50 $1,50 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total Collector $153.58 Utility/Right of Way Allowance (10%) $15.36 Contingencies 30% $46.07 TOTAL $215.01 Estimated Cost Per Linear Foot "USE" $220.00 EXHIBIT N - 4 Ordinance No. 631 Page 57 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Allard Engineering I I I I I N~T~ER ITEM MEASURE PRICE AMOUNT BANYAN AVENUE - Day Creek to Rochester Excavation 1,3 CY $1.60 $2.08 Fine Grade 44.0 SF $020 $8,80 5" AC over 12" AB 40,0 SF $1.50 $60,00 1" AC Cap 40.0 SF $0.40 $16,00 8" Curb &Gutter 2,0 LF S7.50 $1500 4" P.C.C. Sidewalk SF $1,50 S0,00 Parkway Landscaping SF $2.50 $0.00 Signing & Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 40.0 SF $0.15 $6.00 Sub Total Collector $10938 Utility/Right of Way Allowance (10%) $10.94 Contingencies 30% $32.81 TOTAL $153.13 Estimated Cost Per Linear Foot "USE" $155.00 BANYAN AVENUE - Day Creek to Hanley Excavation 1,3 CY $1,60 $2,08 Fine Grade 50.0 SF $0.20 $10.00 5' AC over 12" AB 48.0 SF $1.50 $72,00 1" AC Cap 48.0 SF $0.40 $19.20 8" Curb &Gutter 2,0 LF $7.50 $15.00 4" P.C.C, Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0,00 Signing & Striping 3.0 LF $0,50 $1.50 Fog &Seal Coating 48.0 SF $0.15 $7.20 Sub Total Collector $126,98 Utility/Right of Way AJlowance (10%) $12.70 Contingencies 30% $38.09 TOTAL $177.77 Estimated Cost Per Linear Foot "USE" $180.00 EXHIBIT N - 5 Ordinance No, 631 Page 58 of 68 SECTION A SECTION B · .:--.,... SECTION C SECTION D SEC~ON E ~ ~ ~sPo~A~ ~G~ IMPACT ~ AN~YSIS ~ ~" ~ ~ ~, -- EX~B~ N-6 Ordinance No. 631 Page 59 of 68 Tract 14497 ............... r- · Not a Pad / Park Site ~ School Site RANCH0 ETIWANDA J~ ~c~c HANI I=Y AVENUE .~.~ ~x~ o Ordinance No. 631 Page 60 of 68 Tract 14497 ................................... c- "r"" ..... Not a Pad ............... Park Site .......... School Site '_:: :_- SummitAvenue RANCH0 ETIWANDA J "' ,~v~z~v~ SIDEWALK EXHIBIT 2,,:,..-,~, ,-,.- ExHie~ P Ordinance No. 631 Page 61 of 68 Tract 13527 //// Conditioned to build Avenue Half Wi~h !mprovements including the median Tract 12659 Centex Homes $'148,152.40 in City of Rancho Cucamonga Account 14120 Conditioned to build Full Width (66' ROW) Improvements Park 13812 Panda Development $200,000.00 in City of Rancho Cucamonga Account ~ct 13812 Panda Development $25,000.00 in City of Rancho Cucamonga Account RANCHO ETIWANDA ~c.zN~c STREET IMPROVEMENT DEPOSIT EXHIBIT O Ordinance No. 631 Page 62 of 68 Storm Drain Cost Sharing Proposal - City of Rancho Cucamonga DAY CREEK STORM DRAIN Rancho Etiwanda DATE ESTIMATED: 4115/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Aliatel Engineenng This proposal allows for the UCP project to participate in the cost of the Basehne Avenue and Victoria Storm Drain Systems. Costs and acreage assumptions are preliminary from the developers and are subject to further review and approval. Facility Baseline Ave System $230,349.96 Victoria System $335,260.00 UCP $196.805.00 Total $762,414.96 Total Acres 199.60 Cost Per Acre $3,819.71 Property Acres Cost/Acre Fair Share K & B - Baseline 21.1 $3.81971 $80.595.97 RDA Parcel 19.8 $3,819.71 $75.630.34 Horrero 28.3 $3,819,71 $108.097,91 K&BVictoria 19.1 $3.819.71 $72,956.54 Lyon 26.3 $3,819,71 $100.458.48 UCP 60.0 $3,819.71 $229,18285 Intex,Kolo etc. 25.0 $3,819.71 $95,492.86 TOTAL 199.6 $666,922.10 Note: Actual Master Planned Limits and Construction Costs to be yenfled after construenon EXHIBIT R Ordinance No. 631 Page 63 of 68 Rancho Etiwanda Park Site RANCHO P.'7]ZWAi',,TDA PARK SITE EXHIBIT S Ordinance No. 631 Page 64 of 68 ~' Note: Product Specifications are per City of Rancho ~u; Cucamonga Standard= BA CHO PRODUCT SPECIFICATIONS EXHIB~ S-1 Ordinance No. 631 Page 65 of 68 · ,~* ,,,.~,,..,.,Note: Product Specifications are per City of Rancho Cucamonga Standards R~C~O gT~W~ND~ PRODUCT SPECIFICATIONS EXHIB~ S-2 Ordinance No. 631 Page 66 of 68 Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED 4/21/00 Park Sortscape Per 10-19-99 Plans 24" Box Tipu Trees 8 EA. 24" Box Elms 31 EA. 24" Box Evergreen Pear 19 EA. 24" Box Plum 11 EA. 15 Gallon Plane Tree 54 EA. 15 Gallon Pine Monciel 43 EA. 48" Box Pine Canary 25 EA. 36" Box Crepe Myrtle 11 EA. 24" Box Flame Tree 13 EA. 24" Box Camphor 43 EA. Shrub/Ground Cover Lonicera 24,572 SF Myoporum 5.684 SF Star Jasmine 1,662 SF Tuff - per City of Rancho Cucamonga seed mix 314,298 SF Cobble 30,657 SF Park Hardscape Per 10-19-99 Plans Tot Lot area with 1.500 sf ADA rubber surface I EA Lighted Basketball Courts 4 EA. Parking stalls with access to school parking 65 EA. Restroom Building (per plan) I EA. Entry Monumentation with Signage 1 EA. Picnic Tables (1 HDCP) 14 EA. Two-Bin Trash Enclosure 1 EA. Ddnking Fountain 2 EA. BBQ Gdll 12 EA. Trash Receptacles 2 EA. Bench 8 EA. 1,200 sf Wood Arbor Structure 2 EA. EXHIBIT S - 3 Ordinance No. 631 Page 67 of 68 RANCHO ETIWANDA OPEN SPACE LEGAL DESCRIPTION NORTHERLY PORTION: THAT PORTION OF THE EAST 1/2 OF THE SOUTHlEAST 1/4 OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 6 WEST. SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL. DATED NOVEMBER 13, 1885. LYING NORTHERLY AND NORTFIVv'ESTERLY OF THE NORTHERLY AND NORTFIX,VESTERLY LINE OF THAT CERTAIN STRIP OF LAND BEING 85 FEET WIDE AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION, BY DEED RECORDED DECEMBER 31, 1969, IN BOOK 7363. PAGE 582, OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SLFRVEYOR GENERAL, DATED NOVEMBER 13, 1885. MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING ON A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4, SAID POINT BEING N 00°05'03' E, 344.33 FEET FROM THE SOUTHEAST CORNER OF SAiD NORTHEAST 1/4; THENCE N 89°54'57"W. A DISTANCE OF 132281 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF SAID SECTION 22, TOWNSHIP I NORTH, RANGE 6 WEST. SOUTHERLY PORTION: THAT PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL. DATED NOVEMBER 13, 1885, LYING SOUTHERLY AND SOUTHEASTERLY OF TFI~ SOUTHERLY AND SOUTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND BEING 85 FEET WIDE AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHtERN CALIFORNIA, A PUBLIC CORPORATION, BY DEED RECORDED DECEMBER 1, 1969, IN BOOK 7363, PAGE 582, OFFICIAL RECORDS. EXCEPTING THEREFROM THE SOUTHERLY 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO RECORDED SEPTEMBER 26, 1949, IN BOOK 2464, PAGE 510, OFFICIAL RECORDS. EXHIBIT C Ordinance No. 631 Page 68 of 68 _.~ c- 0 o F-- CS ~ C) c)~ LL C C..) ::, C.) L.~ LLI C/~ Avenue ACTIVATED TRAFFIC SIGNAL (TO BE ~NSTALLED BY HANSEN AGGREGATE) Vintage Drive ;tote Highway ~te. 30 ROW-3 RANCHO ETIWANDA .. SETTLEMENT AGREEMENT '~°'".'--~-". ~ EXHIBITD