HomeMy WebLinkAbout94-31 CC OrdinanceORDINANCE NO. 94-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, APPROVING AN
AMENDMENT AND RESTATEMENT OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND COSCAN HOMES CALIFORNIA, INC.,
DBA COSCAN DAVIDSON HOMES, FOR SPECIFIC PLAN
NO. 164 - RORIPAUGH, PLANNING APPLICATION NO. 94-
0017 (PA94-0017)
WHEREAS, Section 65864 cl =. of the Government Code of the State of California and
Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and
maintaining requirements applicable to the development of real property; and,
WHEREAS, in accordance with the procedure specified in said Resolution, Coscan Homes
California, Inc., hereinafter "COSCAN" has filed with the City of Temecula an application for
a Development Agreement which reflects an amendment and re -statement of existing County
Development Agreement #37, (hereinafter "this Agreement"), of a residential housing subdivision
on its property located at the northwest corner of Nicolas Road and North General Kearney Road,
hereinafter the "Subject Property" which application has been reviewed and accepted for filing by
the Planning Director; and,
WHEREAS, notice of the City's intention to consider adoption of this Agreement with
Coscan, has been duly given in the form and manner required by law, and the Planning
Commission and City Council of said City have each conducted public hearings on September 19,
1994 (Planning Commission), and October 11, 1994 (City Council) at which time they heard and
considered all evidence relevant and material to said subject.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. FINDINGS. The City Council hereby finds and determines, with respect to
this Agreement by and between the City of Temecula and Coscan, that it:
A. Is consistent with the objectives, policies, general land uses, and programs specified
in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the
use of certain real property for residential development consistent with the General Plan's land use
designation of Medium Density Residential;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Subject Property referred to therein is located as this Agreement
Ords 94-31
provides for residential development pursuant to a Specific Plan which includes significant park
and recreational improvements;
C. Is in conformity with the public convenience, general welfare, and good land use
practice because it makes reasonable provision for a balance of land uses compatible with the
remainder of the City;
D. Will not be detrimental to the health, safety, or general welfare because it provides
adequate assurances for the protection thereof;
E. Notice of the public hearing before the Planning Commission was published in a
newspaper of general circulation at least ten (10) days before the Planning Commission public
hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant
and to each agency expected to provide water, sewer, schools, police protection, and fire
protection, and to all property owners within six hundred feet (600') of the property as shown on
the latest equalized assessment roll;
F. Notice of the public hearing before the Planning Commission included the date,
time, and place of the public hearing, the identity of the hearing body, a general explanation of
the matter to be considered, a general description and text or by diagram of the location of the real
property that is the subject of the hearing, and of the need to exhaust administrative remedies;
G. Notice of the public hearing before the City Council was published in a newspaper
of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least
ten (10) days prior to the hearing to the project applicant, to each agency expected to provide
water, sewer, schools, police protection, and fire protection, and to all property owners within
six hundred feet (600') of the property as shown on the latest equalized assessment roll;
H. Notice of the City Council hearing included the date, the time, and place of the
public hearing, the identity of the hearing body, the general explanation of the matter to be
considered, a general description in text or by diagram of the location of the real property that is
the subject of the hearing, and the notice of the need to exhaust administrative remedies;
I. City Council approved this Agreement by Ordinance based upon evidence and
findings of the Planning Commission and new evidence presented at the hearing on this
Agreement, giving its reasons therefore and set forth their relationship between this Agreement
and the General Plan;
K. The benefits that will accrue to the people of the City of Temecula from this
legislation and this Agreement are as follows:
1. Generation of municipal revenue;
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2. Construction of public infrastructure facilities;
3. Enhancement of the quality of life, including recreation facilities for present
and future residents of the City;
4. The opportunity for an adjacent residential -commercial project creating
significant job opportunities, sales tax and ad valorem tax revenues for the City;
5. Payment of Public Facilities Fees (fire and traffic signal mitigation);
6. Participation in special assessment districts to finance City and regional
infrastructure improvements; and,
7. The creation of significant park and recreation dedications for public use and
the protection of significant natural resources.
Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this
reference as Attachment "3" is hereby approved. The Mayor is authorized and directed to
evidence such approval by executing this Agreement for, and in the name of, the City of
Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement
shall not be executed by the City until this Ordinance takes effect and the City has received from
the applicant two executed originals of said Agreement.
Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The
City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption
of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
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Section 6. PASSED, APPROVED, AND ADOPTED this 18th day of October, 1994.
Ron Roberts, Mayor
ATTEST:
Ju4cLSIIGreek, City Clerk
[SEAL]
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 94-31 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 11 th day of October, 1994, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 18th day of October, by the following roll call vote:
AYES:
3
COUNCILMEMBERS:
Birdsall, Munoz, Stone
NOES:
1
COUNCILMEMBERS:
Roberts
ABSENT:
1
COUNCILMEMBERS:
Parks
ABSTAINED:
0
COUNCILMEMBERS:
None
une S. Greek, City erk
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RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula CA 92590
(Space Above Line For Recorder's Use)
' AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
SPECIFIC PLAN NO. 164-RORIPAUGH
0
K: I DMSVLW D/RIOM"36. WP
PLANNING APPLICATION NO. 94-0017
1 FW
1. Definitions . ........................................... 5
2. Interest of Owner . ....................................... 7
3. Exhibits . ............................................. 7
4. Term ............................................... 7
5. Assignment ........................................... 8
5.1 Right to Assign .................................... 8
5.2 Release of Transferring Owner ........................... 9
5.3 Termination of Agreement with Respect to Individual Lots upon Sale to
Public and Completion of Construction ...................... 9
5.4 Subsequent Assignment ............................... 10
6. Mortgagee Protection .................................... 10
7. Binding Effect of Agreement ................................ 11
' 8. Relationship of Parties ....... I ............................ 12
9. Changes in Project ...................................... 12
10. Timing of Development ................................... 12
11. Indemnity and Cost of Litigation ............................. 12
11.1 Hold Harmless .................................... 12
11.2 County Litigation Concerning Agreement .................... 13
11.3 Public Facilities Fees Shortfall ....... .................... 14
11.4 County Prevails in Litigation - Severability ................... 14
11.5 Third Party Litigation Concerning Agreement ................. 15
11.6 Environmental Assurances ............................. 15
12. Public Benefits, Public Improvements and Facilities .................. 16
12.1 Intent .......................................... 16
12.2 Public Facilities Fee (Residential) ......................... 16
12.3 Public Park ...................................... 17
12.4 Park Improvement Fee Credits .......................... 17
12.5 Timing ......................................... 18
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13. Reservations of Authority .................................. 18
13.1 Limitations, Reservations, and Exceptions ................... 18
13.2 Subsequent Development Approvals 19
13.3 Modification or Suspension by State or Federal Law 19
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13.4 Regulation by Other Public Agencies ......................
20
13.5 Tentative Tract Map Extension ..........................
20
13.6 Vesting Tentative Maps ..............................
20
14.
Development of the Property ................................
21
14.1 Rights to Develop ..................................
21
14.2 Effect of Agreement on Land Use Regulations ................
21
14.3 Changes and Amendments .............................
21
15.
Periodic Review of Compliance with Agreement ....................
22
16.
Financing District ......................................
23
17.
Amendment or Cancellation of Agreement .......................
23
18.
Enforcement ..........................................
23
19.
Events of Default .......................................
23
' 20.
Procedure Upon Default ...................................
24
21.
Damages Upon Termination ................................
24
22.
Attorneys' Fees and Costs .................................
24
23.
Notices .............................................
25
24.
Cooperation ..........................................
25
25.
Rules of Construction and Miscellaneous Terms ....................
26
26.
Entire Agreement .......................................
26
27.
Counterparts ..........................................
26
28.
Authority to Execute .....................................
27
K. IDAMA W.O/RIOW599Q WP 11
�• c
IEXHIBIT A EXISTING DEVELOPMENT APPROVALS
EXHIBIT B EXISTING LAND USE REGULATIONS
EXHIBIT C LEGAL DESCRIPTION
EXHIBIT D. NOTICE FROM MORTGAGEE
EXHIBIT E MAP OF PUBLIC PARK
K. 10MSVLWAIR1006S996. WP lil
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
BETWEEN
CITY OF TEMECULA
and
COSCAN HOMES CALIFORNIA, INC.,
dba COSCAN DAVIDSON HOMES
This Amendment and Restatement of Development Agreement ("Agreement") is entered
into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective
Date") by and among the City of Temecula, a California municipal corporation ("City") and
Coscan Homes California, Inc., a California Corporation, dba Coscan Davidson Homes
("Owner"):
REIrITALa
A. Pursuant to California Government Code Section 65864, gl r& ("Development
Agreement Statutes"), Dav-Bar I, a California general partnership and others and the County of
Riverside, California ("County") entered into Development Agreement No. 37 recorded in the
' Official Records of Riverside County, California on November 4, 1988, as Instrument No.
323487 ("Development Agreement No. 37").
B. Development Agreement No. 37 encompasses a project formerly located within
County approved Specific Plan No. 164 known as "Roripaugh Hills", a mixed use subdivision,
(the "Original Project") to be developed on property which became a part of the municipal
boundaries of the City when the City incorporated on December 1, 1989. This Agreement
encompasses only a portion of the Original Project, located in Planning Area 7 and known as
"Roripaugh Cottages", a residential development (the "Project"). The balance of the Original
Project covered by Development Agreement No. 37 not included within Planning Area 7 is not
amended or impacted by this Agreement.
K:IDMSU[W D4RIOOT599Q.WP
C. Pursuant to the provisions of the Development Agreement Statutes, the City
became the successor -in -interest to the County under Development Agreement No. 37 upon
incorporation of the City.
D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and
Owner propose to restate and amend Development Agreement No. 37 to substitute this
Agreement for the portion of Development Agreement No. 37 pertaining to the Project.
E. Pursuant and subject to the Development Agreement Statutes, the City's police
powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with
persons having legal or equitable interest in real property located within the City's municipal
boundaries or sphere of influence thereby establishing the conditions under which such property
may be developed in the City.
F. By electing to enter into this Agreement, City shall bind future members of the
City Council of City by the obligations specified herein and further limit the future exercise of
certain governmental and proprietary powers of members of the City Council. Likewise, Owner
shall bind its successors in interest to the obligations specified in this Agreement.
G. The terms and conditions of this Agreement have undergone extensive review by
the staff of the City, the Planning Commission of the City and the City Council of City and have
been found to be fair, just and reasonable.
H. City finds and determines that it will be in the best interests of its citizens and the
public health, safety and welfare will be served by entering into this Agreement.
All of the procedures and requirements of the California Environmental Quality
Act have been met with respect to this Agreement.
J. Riverside County Ordinance No. 659, as adopted by the City, establishes public
facilities impact fees for residential development within City ("RSA Fees"). City requires these
K:IOMSUL WO/AIOW5996. WP 2
0
revenues to mitigate the impact of development. City requires RSA Fees from development of
the Property in order to complete capital projects to mitigate the impact of the development.
K. Development Agreement No. 37 provided for public facilities and services impact
fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during
the present economic situation, unduly discourage and delay development and thereby prevent
City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County
Impact Fees for residential development in the Project to a level comparable to the RSA Fees.
L. On May 20, 1987, the County amended Ordinance No. 460 authorizing the
imposition of Quimby Park Fees. Ordinance No. 460 required adoption of an implementation
resolution designating a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to
Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees
subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331,
the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3)
acres per one thousand (1,000) new residents ("County Park Fee Standard").
M. Pursuant to Resolution No. 90-53, adopted on May 8, 1990, City has adopted
Quimby Park requirements of five (5) acres of land for parks and recreational purposes, or
payment of fees in lieu thereof, for every one thousand (1,000) people to reside in the proposed
subdivision.
N. The City interprets Development Agreement No. 37 to permit the imposition of
increased Quimby Park requirements computed on City Park standards and has required Owner
to satisfy Quimby Park requirements based on the City Park standards as a condition of issuance
of building permits for the Project.
O. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, public infrastructure facilities and the enhancement of the
K. IDWIAW.DIRIOW5995. WP 3
quality of life, including Gition facilities for present and futuosidents of the City. The
' benefits to the City and Owner contemplated by development of the Project include:
(1) the opportunity for an adjacent residential -commercial project creating
significant job opportunities, sales tax and ad valorem tax revenues for the City;
(2) payment of fire and traffic signal mitigation fees;
(3) participation in special assessment districts to finance City and regional
infrastructure improvements;
(4) the creation of significant park and recreation dedications for public use
and the protection of significant natural resources.
P. The City and Owner acknowledge that due to the present economic situation, none
of these benefits to the City are possible unless the Project proceeds with development.
Q. Without admitting or determining any rights or obligations as between City and
' Owner, each to the other, with respect to the amount of the Quimby Park requirements, and to
balance the needs of the City to provide adequate parks and recreational facilities with the
difficulty of land development in today's economy, City and Owner agree that in lieu of
additional Quimby Park requirements, Owner will dedicate and develop park land as described
in this Agreement.
R. City Council of City has approved this Agreement by Ordinance No.
adopted on , and effective on ("Effective
Date"). On the Effective Date, Development Agreement No. 37 shall be terminated as to the
Project only and of no further force and effect with respect to the Project, having been replaced
by this Agreement.
NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants
' hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and incorporated herein, the parties agree:
K:IDMSVLW.DIAI0065996. WP 4
1. Definitions. In this Agreement, unless the context otherwise requires:
' 1.1 "City" is the City of Temecula.
1.2 "City Public Facility Fee" is an amount to be established by Ordinance of
City.
1.3 "County" is the County of Riverside.
1.4 "County Public Facilities and Services Fee" means the County
Development Agreement Fee as set forth in Section 4.2 of Development Agreement No. 37.
1.5 "Development Exaction" means any requirement of City in connection with
or pursuant to any Land Use Regulation or Existing Development Approval for the dedication
of land, the construction of improvements or public facilities, or the payment of fees in order
to lessen, offset, mitigate or compensate for the impacts of development on the environment or
other public interests.
1.6 "Development Plan" means the Existing Development Approvals defined
' in Section 1.7 below which are applicable to development of the Project.
1.7 'Existing Development Approval(s)" means those certain development
approvals in effect as of the effective date of this Agreement with respect to the Property,
including, without limitation, the "Existing Development Approvals' listed in Exhibit A which
were approved by the County or the City.
1.8 "Financing District" means a community facilities district formed pursuant
to the Mello -Roos Community Facilities Act of 1982 (California Government Code Section
53311 et sea, as amended), an assessment district formed pursuant to the Landscaping and
Lighting Act of 1972 (California Streets and Highways Code Section 22500 gl rq„ as
amended), a special assessment district formed pursuant to the Improvement Act of 1911
(California Streets and Highways Code Section 10102, as amended), or any other special
' assessment district existing pursuant to State law formed for the purposes of financing the cost
K..IDMSUIW.D#n0065W6. WP 5
of public improvements, facilities, services and/or public facilities fees within a specific
geographical area of the City.
1.9 "Interim Public Facilities Fee" means an amount of Three Thousand
Dollars ($3,000.00) per each residential unit developed in the Project.
1.10 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of City, governing the development and use of land including
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction
standards and specifications applicable to the development of the Property listed on Exhibit B
which are a matter of public record on the Effective Date of this Agreement. "Land Use
Regulations" does not include any County or City ordinance, resolution, code, rule, regulation,
' or official policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b) Taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property:
Project;
(e) The exercise of the power of eminent domain.
1.11 "Owner" means the person having a legal or equitable interest in the
1.12 "Project' is the development of the Property in accordance with the
Development Plan.
1.13 "Property" is the real property described in Exhibit C.
K. WMSUL W D/RID065996. WP 6
i
n
1.14 "RSA Fee" means the fee established by County Ordinance No. 659 as
adopted by City.
1.15 "Subsequent Development Approvals" means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.16 "Subsequent Land Use Regulation" means any land Use Regulation
adopted and effective after the Effective Date of'this Agreement.
2. Interest of Owner. Owner represents that it has the fee title interest in the
Property and that all other persons holding legal or equitable interests in the Property are to be
bound by this Agreement.
3. )exhibits. The following documents are referred to in this Agreement attached
hereto and made a part hereof by this reference:
Exhibit
Designation
A
B
C
D
E
4. Term.
Description
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Notice From Mortgagee
Site Plan of Park
4.1 The term of this Agreement shall commence on the Effective Date and
shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated,
modified or extended by circumstances set forth in this Agreement or by mutual consent of the
parties hereto.
4.2 This Agreement shall terminate and be of no force and effect upon the
occurrence of the entry of a final judgement or issuance of a final order after exhaustion of any
appeals directed against the City as a result of any lawsuit filed against the City to set aside,
Iwithdraw, or abrogate the approval by the City Council of City of this Agreement.
K: IDMSVL WDIR10055999. WP 7
5. Assignment.
' 5.1 RiLyht to Assign. The Owner shall have the right to sell, transfer, or assign
the Property in whole or in part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, ra sea.. or Riverside County Ordinance
No. 460, as the same was incorporated by reference into the Temecula Municipal Code by
Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time
during the term of this Agreement; provided, however, that any such sale, transfer, or
assignment shall include the assignment and assumption of the rights, duties, and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer, or assignment of
all or a pan of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such
sale, transfer, or assignment and shall provide City with an executed agreement, in a
form reasonably acceptable to the City Attorney, by the purchaser, transferee, or
assignee and providing therein that the purchaser, transferee, or assignee expressly and
unconditionally assumes all the duties and obligations of the Owner under this
Agreement.
Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions
shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any
purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this
Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or
K. IDMSVLWDIRIOW5996. WP 8
assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or
assignee until and unless such agreement is executed.
5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or
assignment, a transferring Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City, which release shall be provided
by City upon the full satisfaction by such transferring Owner of all of the following conditions:
(a) The Owner no longer has a legal interest in all or any part of the
Property except as a beneficiary under a deed of trust.
(b) The Owner is not then in default under this Agreement.
(c) The Owner has provided City with the notice and executed
agreement required under Paragraph (b) of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee provides City with security
equivalent to any security previously provided by Owner to secure performance of its
obligations hereunder.
5.3 Termination of Agreement with Regpect to Individual Lots upon Sale to
Public and Completion of Construction. The provisions of Subsection 5.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been. finally subdivided and
is individually (and not in "bulk") sold or leased to a member of the public or other ultimate
user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate
with respect to any lot and such lot shall be released and no longer be subject to this Agreement
without the execution or recordation of any further document upon satisfaction of both of the
following conditions:
(a) the lot has been finally subdivided and individually (and not in
'bulk") sold or leased (for a period longer than one year) to a member of the public or
I
other ultimate user; and
KADM$VLW.OIRI0095996. WP 9
(b) a Certificate of Occupancy has been issued for a building on a lot,
' and the fees set forth in this Agreement have been paid.
5.4 $ybsgguent Assignm nt. Any subsequent We, transfer, or assignment after
an initial sale, transfer, or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
6. . Mortgagee Protection. The parties hereto agree that this Agreement shall not
prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the
Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or
other security device securing financing with respect to the Property. City acknowledges that the
lenders providing such financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet with the Owner and
representatives of such lenders to negotiate in good faith any such request for interpretation or
modification. City will not unreasonably withhold its consent to any such requested interpretation
' or modification provided such interpretation or modification is consistent with the intent and
purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable
costs associated with said negotiations, interpretations, and modifications and shall make
reimbursement payments to City within thirty (30) days of receipt of an invoice from City.
Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form
as attached hereto as Exhibit D, to the City in the manner specified herein for giving notices,
K:IDN$VLW &RI00e5995. WP 10
shall be entitled to receive written notification from City of any default by the Owner in the
I
performance of the Owner's obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee, in the form set forth
on Exhibit D, requesting a copy of any notice of default given to the Owner under the terms of
this Agreement, City shall provide a copy of that notice of default to the Mortgagee within ten
(10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but
not the obligation, to cure the default during the remaining cure period allowed such party under
this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of the Owner's obligations or other
' affirmative covenants of the Owner hereunder, or to guarantee such performance, provided
however, that to the extent that any covenant to be performed by Owner is a condition precedent
to the performance of a covenant by City, the performance thereof shall continue to be a
condition precedent to City's performance hereunder, and further provided that any sale, transfer
or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1
of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or any portion
thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the
Owner set forth herein shall not be entitled to any rights to develop which have or may have
vested as a result of this Agreement.
K. IDMSVL W.DIRI0065996. wP 11
7. Bindine Effect of Agreement. The burdens of this Agreement bind and the
' benefits of the Agreement inure to the successors -in -interest to the parties to it in accordance
with the provisions of and subject to the limitations of this Agreement.
8. Relationship of Parties. It is understood that the contractual relationship between
City and Owner is such that the Owner is an independent contractor and not the agent of City.
9. . Chanees in Project. No change, modification, revision or alteration of Existing
Development Approvals may be made without the prior approval by those agencies of the City
equivalent to the County agencies that approved the Existing Development Approvals in the first
instance (if the County had granted the approvals) or by the same City agency that granted the
Existing Development Approvals, (if the City granted the approval in connection with the
adoption of this Agreement).
10. Timing of Development. The parties acknowledge that Owner cannot at this time
predict when, or the rate at which the Property will be developed. Such decisions depend upon
' numerous factors which are not within the control of Owner, such as market orientation and
demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984),
that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties, it is the
parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have
the right to develop the Property in such order and at such rate and at such times as the Owner
deems appropriate within the exercise of its subjective business judgment, subject only to any
timing or phasing requirements set forth in the Development Plan.
11. Indemnity and Cost of Litigation.
11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, agents,
' employees and representatives harmless from liability for damage or claims for damage for
K. IDMSVLWDIA10065996. WP 12
personal injury including death and claims for property damage which may arise from the direct
' or indirect operations of the Owner or those of its contractor, subcontractor, agent, employee
or other person acting on its behalf which relate to the Project. Owner agrees to and shall
indemnify, defend, and hold harmless the City and its officers, agents, employees and
representatives from actions for damages caused or alleged to have been caused by reason of
Owner's activities in connection with the Project. This hold harmless agreement applies to all
damages and claims for damages suffered or alleged to have been suffered by reason of the
operations referred to in this paragraph, regardless of whether or not City prepared, supplied,
or approved plans or specifications for the Project.
11.2 County Litigation Concerning Agreement. In the event the County seeks
to challenge the right of City and Owner to enter into this Agreement or to terminate
Development Agreement No. 37, and institutes an action, suit or proceeding to challenge this
Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of
' Development Agreement No. 37 or take such other action(s) which result in unreasonable delays
in the development of the Property, City and Owner agree to cooperate and participate in a joint
defense in any action against the parties, their officers, agents and employees, from and against
any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such
action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the
costs associated with attorneys, fees and costs that the parties may incur as the result of any such
action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement
and/or terminate Development Agreement No. 37. Owner's defense costs herein shall be its pro
rata share among all impacted landowners based on a ratio of contribution of the total units
owned by Owner which are subject to this Agreement compared to the total number of units
within the City in which City has lowered the County fees. Damages (including the difference
' in the amount of any Interim Public Facilities Fee and the amount of the County Development
R:IDMS'JLWDAR1 O W96 WP 13
Agreement Fee paid by Owner to City pursuant to the terms of this Agreement) shall be the
responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or
County Development Agreement Fees to City of which it is adjudicated are lawfully the funds
of County, City shall pay such sums to County and Owner shall have such liability for the
payment of the difference between such fees reduced by the amount paid by the City. City and
Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought
by the County as herein provided. City and Owner each reserve the right to withdraw from the
defense of the County litigation in the event the County prevails at the trial level and there is
an appeal. If either party withdraws after the trial and there is an appeal, the remaining party
shall pay all of the costs and fees associated with said appeal.
11.3 Public Facilities Fees Shortfall. In the event the County prevails in any
legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this
Agreement and a trial court determines that Owner and/or the City is liable to make up any
' shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities
Fee, as the case may be, and the County Development Agreement Fee which would otherwise
have been imposed pursuant to Development Agreement No. 37, then Owner shall be
responsible for paying any such shortfall subject to City's payment to County of any amounts
collected and held by City under the terms of Development Agreement No. 37. Such payment
by City and County shall reduce Owner's liability to County for payment of such fees by a like
amount paid by City.
11.4 County Prevails in Litigation - Severability. In the event the County
prevails at the trial court level against the City or the Owner as described in Section 11.2 of this
Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as
the case may be, shall revert to the amount of the County Development Agreement Fee in effect
' at the time of entry of the final judgment in favor of the County. In the event this Agreement
K:IOMSIJL W pI.9100B5996. WP 14
is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions
' set forth in Section 12.3(a), (b) and (c) of this Agreement shall no longer be enforceable and
from the date of said final judgment or ruling of invalidity, Owner shall thereafter pay the
County Development Agreement Fee as provided in Section 4.2 of Development Agreement No.
37. All other provisions of this Agreement shall remain valid and enforceable notwithstanding
said ruling of invalidity.
11.5 Third PaM Litigation Concerning Agreement. Owner shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and
employees from any claim, action or proceeding against City, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement brought by a third party other than the County. City shall
promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the
defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if
City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend,
indemnify, or hold harmless City. City may in its discretion participate in the defense of any
such claim, action, or proceeding.
11.6 Environmental Assurances. Owner shall indemnify, defend with counsel
approved by City, protect, and hold harmless City, its officers, employees, agents, assigns, and
any successor or successors to City's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response remediation and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest,
fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness
fees and costs incurred in connection with defending against any of the foregoing or in enforcing
I
this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City
K. IDMSUL WD/RID005995. WP 15
or its officers, employees or agents arising from or attributable to any repair, cleanup, or
' detoxification, or preparation and implementation of any removal, remedial, response, closure,
or other plan (regardless of whether undertaken due to governmental action) concerning any
Hazardous Substance or hazardous wastes at any place within the Property which is the subject
of this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant
to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability
Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section
25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from
liability.
12.1 Intent. The parties acknowledge and agree that this Agreement confers
private benefits on the Owner which should be balanced by commensurate public benefits.
I Accordingly, the parties intend to provide consideration to the public to balance the private
benefits conferred on the Owner by providing more fully for the satisfaction of the public needs
resulting from development of the Project.
12.2 Public Facilities Fee (Residentiall.
(a) In lieu of the County Development Agreement Fee, RSA Fee or
City Public Facility Fee, for a period of five (5) years commencing on the Effective Date,
Owner shall pay an Interim Public Facilities Fee of Three Thousand Dollars ($3,000.00) per
dwelling unit. The Interim Public Facilities Fee shall be paid as provided in Section 12.5 below.
At the conclusion of the five (5) year period. Owner shall either continue to pay the Interim
Public Facilities Fee of Three Thousand Dollars ($3,000.00) per dwelling unit or such other
public facilities fee as the City has then enacted and applied to residential development projects
in the City.
K. IOMS1AW.O/R10066996. WP 16
Eighty Two Thousand Dollars ($82,000.00). Owner shall have the term of this Agreement within
' which to apply the park improvement fee credit towards Interim Public Facilities Fees or City
Public Facilities Fees. City shall have a right to review, audit and verify all costs associated with
said park improvements under procedures to be mutually agreed upon between the parties. If
at any time, the Interim Public Facilities Fees to be paid are less than the credit, referenced
above, and Owner qualifies for the credit, Owner shall receive the difference directly from the
City when due. For purposes of calculating credits under this Section, "Improvements" shall
be defined as onsite work only (design, grading and construction), excluding street and utility
work within the public right-of-way and any onsite environmental mitigation costs such as toxic
removal and wetlands mitigation.
12.5 Timing. Collection of any and all Interim Public Facilities Fees and/or
City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement
shall be deferred until such time as a certificate of occupancy has been obtained for the first
' production home built on the Property. Thereafter, the Interim Public Facilities Fees shall be
paid at the time of issuance of building permits for each residential unit constructed on the
Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities
Fees required to be paid by the Owner for the model home units shall be paid in accordance with
the Memorandum of Understanding ("MOU"), between the City and Owner regarding said
model homes, which MOU is dated for reference
, 1994.
13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property:
(a) Processing fees and charges imposed by City to cover the estimated
' actual costs to City of processing applications for Subsequent Development Approvals.
K: {OMSVL W. OIRWO85996. WP 18
(b) Owner shall also pay all other customary and typical development
exactions,
for
a project of this size and
nature, in
existence as of the
Effective Date and
throughout
the
term of this Agreement,
including
but not limited to,
Fire, Traffic Signal
Mitigation and K -Rat Fees pursuant to the provisions of City ordinances and resolutions in
existence when paid.
12.3 Public Park. As additional consideration for entering into this Agreement, Owner
agrees to dedicate to the City, or cause to be dedicated, and City agrees to accept when offered,
park land equalling approximately three (3) acres pursuant to that certain undated
Parkland/Landscape Improvement Agreement between Owner and City. The park land is shown
on Exhibit E which is attached and made a part hereof and incorporated by this reference.
Owner shall improve, and Owner shall dedicate, or rause to be dedicated in fee or by grant of
easement to City and City agrees to accept park land and improvements when offered for
dedication and acceptance if such improvements meet the requirements of City for the
' construction and installation of park improvements. As a condition precedent to the City
accepting the dedication of the park property and the improvements thereto, such property shall
be free and clear of any and all liens, assessments, encumbrances and similar financial obligation
relative to said property. Owner shall cause a title insurance company_ to issue a CLTA title
insurance owner's policy with standard exceptions on such property, which policy shall be
provided to City. If City desires an ALTA title policy, the additional cost over the cost of a
CLTA policy with standard exceptions will be borne by City.
12.4 Park Improvement Fee Credits. At the time of completion of the
improvements and transfer of the public park as provided in this Agreement, Owner shall receive
a credit against payment of future Interim Public Facilities Fees or City Public Facilities Fees
based on the actual improvement cost incurred by Owner for the public park, which exceeds the
IProject's Quimby Park requirements as calculated by the City, up to a total maximum credit of
KADAMIL W.DIRIOWS996. WP 17
(b) Procedural regulations relating to hearing bodies, petitions,
' applications, notices, findings, records, hearings, reports, recommendation, appeals, and
any other matter of procedure.
(c) Regulations imposing Development Exactions; provided, however,
that no such subsequently adopted Development Exactions shall be applicable to
development of the Property unless such'Development Exactions are applied uniformly
to development throughout the City.
(d) Regulations governing construction standards and specifications
including without limitation, the City's Building Code, Plumbing Code, Mechanical
Code, Electrical Code and Fire Code.
(e) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing
of development of the Property shall be deemed to conflict with the Development Plan
' and shall therefore not be applicable to the development of the Property.
(f) Regulations which are in conflict with the Development Plan
provided Owner has given written consent to the application of such regulations to
development of the Property.
13.2 Subsequent Development Approvals. This Agreement shall not prevent
City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
City from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development
Plan.
13.3 Modification or Suspcnsion by State or Federal Law. In the event that
' State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent
K: IDMSL/L W.D/RI0065996. WP 19
or preclude compliance with one or more of the provisions of this Agreement, such provisions
' of this Agreement shall be modified or suspended as may be necessary to comply with such State
or Federal laws or regulations, provided, however, that this Agreement shall remain in full force
and effect to the extent it is not inconsistent with such laws or regulations and to the extent such
laws or regulations do not render such remaining provisions impractical to enforce.
13.4 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not within the control of City possess authority to regulate aspects of
the development of the Property separately from or jointly with City and this Agreement does
not limit the authority of such other public agencies.
13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section
66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s)
(vested or regular) approved as pan of implementing the Development Plan shall be extended
to expire at the end of the term of this Agreement
' 13.6 Vesting Tentative Mans. If any tentative or final subdivision map, or
tentative or final parcel map, heretofore or hereafter approved in connection with development
of the Property, is a vesting map under the Subdivision Map Act (Government Code Section
66410, et seal and Riverside County Ordinance No. 460, as the same was incorporated by
reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is
determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right
to develop to the Owner, then and to that extent the rights, obligations, and protections afforded
the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall
supersede the provisions of this Agreement. Except as set forth immediately above,
development of the Property shall occur only as provided in this Agreement, and the provisions
in this Agreement shall be controlling over conflicting provisions of law or ordinances
concerning vesting maps.
K. IOMSVGWD1RJ0W5996. WP 20
b. -111. 1. •�.
' 14.1 Riehts to Develop. Subject to the terms of this Agreement, including
payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the
Property in accordance with, and to the extent of the Development Plan. The Project shall
remain subject to all Subsequent Development Approvals required to complete the Project as
contemplated by the Development Plan. Except as otherwise provided in this Agreement, the
permitted uses of the Property, the density and intensity of use, the maximum height and size
of proposed buildings, and provisions for reservation and dedication of land for public purposes
shall be those set forth in the Development Plan.
14.2 Effect of Agreement on Land Use Re ulg ations. Except as otherwise
provided under the terms of this Agreement, including the payment of the Interim Public
Facilities Fee, the rules, regulations, and official policies governing permitted uses of the
Property, the density and intensity of use of the Property, the maximum height and size of
' proposed buildings, and the design, improvement and construction standards and specifications
applicable to development of the Property shall be the Existing Land Use Regulations. City
shall exercise its lawful reasonable discretion in connection with Subsequent Development
Approvals in accordance with the Development Plan, and as provided by this Agreement
including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public
Facilities Fee, as the case may be. City shall accept for processing, review, and action all
applications for Subsequent Development Approvals, and such applications shall be processed
in the normal manner for processing such matters. City may, at the request of Owner, contract
for planning and engineering consultant services to expedite the review and processing of
Subsequent Development Approvals, the cost of which shall be borne by Owner.
14.3 Changes and Amendments. The parties acknowledge that refinement and
' further development of the Project will require Subsequent Development Approvals and may
[:IOMSLJL WO/RIOM5996. WP 21
demonstrate that changes are appropriate and mutually desirable in the Existing Development
Approvals. In the event the Owner finds that a change in the Existing Development Approvals
is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to
effectuate such change. If approved, any such change in the Existing Development Approvals
shall be incorporated herein as an addendum to this Agreement and may be further changed from
time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand
by City, reimburse City for any and all reasonable costs, associated with any amendment or
change to this.Agreement that is initiated by Owner or Owner's successor. Unless otherwise
required by law, as determined in City's reasonable discretion, a change to the Existing
Development Approvals shall be deemed "minor" and not require an amendment to this
Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or a supplemental
Environmental Impact Report pursuant to Section 21166 of the Public Resources Code.
15. Periodic Review of Compliance with Agreement.
(a) Pursuant to City Resolution No. 91-52, as it may be subsequently
amended, City shall review this Agreement at least once during every twelve (12) month period
from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the
reasonable and necessary costs of this review, within thirty (30) days of written demand from
City.
K:IDMSVLW D1R10015996. WP 22
(b) During each periodic review by City, the Owner is required to demonstrate
' good faith compliance with the terms of the Agreement. The Owner agrees to furnish such
evidence of good faith compliance as City in the exercise of its discretion may require.
16. Financing District. Upon the request of Owner, the parties shall cooperate in
exploring the use of special assessment districts and other similar Financing Districts for the
financing of the construction, improvement, or acquisition of public infrastructure, facilities,
lands, and improvements to serve the Project and its residents, whether located within or outside
the Property. It is acknowledged that nothing contained in this Agreement shall be construed as
requiring City or City Council to form such a district or to issue or sell bonds.
17. Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided
for in Government Code Sections 65868, 65867 and 65867.5. If an Amendment is requested
by the Owner or its successor, the Owner/successor agrees to pay City any Development
Agreement Amendment fee then in existence as established by City Council Resolution, or if no
such fee is established, to reimburse City for the actual and reasonably necessary costs of
reviewing and processing said Amendment within thirty (30) days of written demand from City.
18. Enforcement. Unless amended or canceled as herein provided, this Agreement
is enforceable by any party to it notwithstanding a change in the applicable general or specific
plan, zoning, subdivision, or building regulations adopted by the City which alter or amend the
rules, regulations, or policies governing permitted uses of the land, density, design,
improvement, and construction standards and specifications.
19. Events of Default. Owner is in default under this Agreement upon the happening
of one or more of the following events or conditions:
(a) If a warranty, representation or statement made or furnished by Owner to
' City is false or proves to have been false in any material respect when it was made;
K: IDMSUI W.DIR10065996. WP 23
(b) A finding and determination by City that upon the basis of substantial
' evidence the Owner has not complied in good faith with one or more of the terms or conditions
of this Agreement.
(a) Upon the occurrence of an event of default, City may terminate or modify
this Agreement in accordance with the procedure adopted by the City.
(b) City does not waive any claim of defect in performance by Owner implied
if on periodic review the City does not propose to modify or terminate this Agreement.
person.
(c) Non-performance shall not be excused because of a failure of a third
(d) Non-performance shall be excused only when it is prevented or delayed
by acts of God or an emergency declared by the Governor.
' (e) All other remedies at law or in equity which are not otherwise provided
for in this Agreement or in City's regulations governing development agreements are available
to the parties to pursue in the event there is a breach.
21. Damages Upon Termination. It is acknowledged by the parties that City would
not have entered into this Agreement if it were to be liable in damages under or with respect to
this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity
available for the breach of any provision of this Agreement, except that City, and its officers,
employees and agents, shalt not be liable in damages to Owner or to any assignee, transferee
of Owner, or any other person, and Owner covenants not to sue for or claim any damages for
breach of that Agreement by City.
9. IDMSIJC W.DIRICOOSS96. WP 24
22. Attorneys' Fees and Costs. If legal action by either party is brought because of
' breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
23. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid and presumed
delivered upon actual receipt by personal delivery or within three (3) days following deposit
thereof in United States Mail. Notice required to be given to City shall be addressed as follows:
To City: City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attention: City Attorney
Notices required to be given to Owner shall be addressed as follows:
To Owner: Coscan Davidson Homes
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attention: William A. Davidson
With a copy to:Kolodny & Pressman
11975 El Camino Real, Suite 201
San Diego, CA 92130
Attention: Jed L. Weinberg, Esq.
A party may change the address by giving notice in writing to the other party and thereafter
notices shall be addressed and transmitted to the new address.
24. Cooperation. City agrees that it shall accept for processing and promptly take
action on all applications, provided they are in a proper form and acceptable for required
processing, for discretionary permits, tract or parcel maps, or other land use entitlement for
development of the Project in accordance with the provisions of this Agreement. City shall
cooperate with Owner in providing expeditious review of any such applications, permits, or land
use entitlement and, upon request and payment of any costs and/or extra fees associated
C OMSUL W DIRIO095996. WP 25
therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or
' other staff personnel as required to insure the timely processing and completion of the Project.
25. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the masculine gender includes the
feminine; "shall" is mandatory, 'may" is permissive.
(b) If there is more than one signer of this Agreement their obligations
are joint and several.
(c) The time limits set forth in this Agreement may be extended by
mutual written consent of the parties in accordance with the procedures for adoption of
the Agreement.
(d) This Agreement is made and entered into for the sole protection and
benefit of the parties and their successors and assigns. No other person, including but not
' limited to third party beneficiaries, shall have any right of action based upon any
provision of this Agreement.
26. Entire Aereement. This Agreement and the exhibits hereto contain the complete,
final, entire, and exclusive expression of the agreement between the parties hereto, and is
intended by the parties to completely state the agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any party in relation
thereto not expressly set forth in this Agreement shall be null and void.
27. Counterparts. This Agreement may be executed in multiple counterparts, each
of which so fully executed counterpart shall be deemed an original. No counterpart shall be
deemed to be an original or presumed delivered unless and until the counterpart executed by the
other party to this Agreement is in the physical possession of the party seeking enforcement
thereof.
K. IDMSL LW DIRI0085996. WP 26
28. Authority to Execute. Each party hereto expressly warrants and represents that
he/she/they has/have the authority to execute this Agreement on behalf of his/her/their
corporation, partnership, business entity, or governmental entity and warrants and represents that
he/she/they has/have the authority to bind his/her/their entity to the performance of its
obligations hereunder.
IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and
year first above written.
"City"
City of Temecula
0
Attest:
June S. Greek, City Clerk
Annroved as to form:
Peter M. Thorson, City Attorney
Ron Roberts, Mayor
"Owner"
Coscan Homes California, Inc.,
a California corporation, dba
Coscla'n, Davidson] Homes
By: W L--"�•�
William A. Davidson
(typed name)
its President
(title)
By:
Stephen H. Dawe
(typed name)
its Executive Vice—President
(title)
R:IDMS'JCW.DIRI0095996.WP 27
STATE OF CALIFORNIA )
' COUNTY OF SAN DIEGO )
On .tj:l� inkz r -� , I':-T9�, before me, L)a le- K �7rEe_ [here insert the
name and title of the officer/notary], personally appeared
�. &L� i, — A. DAV I il. onl E. S-r5pH£N +. LA—S personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity. upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature L -' - 6?
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
(SEAL)
DALE R. FREE
Cantu. M1797
iorKRv m 0
swaeaow�u�rv`ORNUT:
teww Em�n ae.n Iwe
On , before me, [here insert the
' name and title of the officer/notary], personally appeared
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
K: IDMSV( W.DIRI"5995. WP 28
(SEAL)
I
Development Agreement No. 37
EXISTING DEVELOPMENT APPROVALS
SPECIFIC PLAN
Specific Plan No. 164 as amended by Specific Plan No.
164, Amendment No. 1.
ZONING
Ordinance No. 348.2788
(Zone Change No. 4501)
Ordinance No. 348.2927
(Zone Change No. 5127)
LAND DIVISIONS
1. Tentative Tract Map No. 20703 and Final Tract Map
No. 20703-1 (Recorded at Book 177, pages 72-76.)
The development approvals listed above include the approved
maps and all conditions of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE
ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
I p(MIT A
0
Development Agreement No. 37
EXISTING LAND USE REGULATIONS
1. Riverside County Comprehensive Genera? Plan as
amended through Resolution No. 88-485.
2. Ordinance No. 340.
3. Ordinance No. 348 as amended through Ordinance No.
348.2857.
4. Ordinance No. 448 as amended through Ordinance No.
448.a.
S. Ordinance No. 458 as amended through Ordinance No.
458.8.
6.
Ordinance No.
460 as
amended through
Ordinance No.
460.92.
7.
Ordinance No.
461 as
amended through
Ordinance No.
461.6.
S.
Ordinance No.
509 as
amended through
Ordinance No.
509.2.
9.
Ordinance No.
546 as
amended through
Ordinance No.
546.7a.
10.
Ordinance.No.
547 as
amended through
Ordinance No.
547.5.
11.
Ordinance No.
555 as
amended through
Ordinance No.
555.15.
12.
Ordinance No.
617 as
amended through
Ordinance No.
617.1.
13.
Ordinance No.
650.
14.
Resolution No. 87-525
Establishing Procedures
and
Requirements
for the
Consideration of
Development
Agreements, as amended
by Resolution
No. 88-39 and
Resolution No. 88-119.
COPIES
OF THE EXISTING LAND
USE REGULATIONS
LISTED ABOVE
ARE ON
FILE IN THE RIVERSIDE COUNTY
PLANNING DEPARTMENT
AND ARE
INCORPORATED HEREIN BY
REFERENCE.
EMBIT B
EXMl`"D"
Request for Notice of Default Under Development Agreement
i 11}.1111 �1• w1 ✓. _1111
1 1 L hl il 14" H- 1
To: City Clerk and Planning Director, City of Temecula
Pursuant to Section 6(b) and (c) of the above -referenced Amendment and Restatement
of Development Agreement, request is hereby made by
as Mortgagee for the property (or portion thereof) to receive
copies of any Notice of Default issued by City against Owner in accordance with the terms
and conditions of such Amendment and Restatement of Development Agreement. Copies of
any such Notices should be mailed to the following address:
1
(Mortgagee)
(Person/Department)
(Address)
(City/State/Zip)
(Telephone No.)
A copy of this Notice should be filed with the project file to insure proper and timely
notice is given. Under the terms of said Amendment and Restatement of Development
Agreement, as Mortgagee is entitled to receive copies of any' Notice of
Default within ten (10) days of sending any such Notice to Owner. Failure to send any
such Notice may have serious legal conceauences for the [_itv.
This request is to remain in effect until revoked by as
Mortgagee or the Amendment and Restatement of Development Agreement is terminated.
The person executing this document on behalf of said Mortgagee warrants and
represents that the entity helshe represents is a bonafide Mortgagee of said property and is
entitled to receive copies of Notices of Default under said Amendment and Restatement of
Development Agreement.
'�" JBIT D
' The undersigned declares the above information is true and correct under the penalty
of perjury under the laws of the State of California.
Dated: _, 1994.
MORTGAGEE
By:
(signature)
(printed name)
Its:
(title)
[Notary required]
This Notice is to be sent to both the City Clerk and Planning Director for the City of
' Temecula at 43174 Business Park Drive, Temecula, California 92590 or such other location
as Temecula City Hall may be located in the future.
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Conceptual Park Plan
A Development of Davidson Communities
Tcmaculo, California
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