HomeMy WebLinkAbout16-02 CC Ordinance ORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT FOR THE
RORIPAUGH RANCH PROJECT (PLANNING
APPLICATION NO. PA14-0051)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine
and declare that:
A. The Development Agreement between the City of Temecula and Ashby
USA, LLC (also known as the "Pre-annexation and Development Agreement") was
initially approved by Ordinance No. 02-14 of the City Council on December 17, 2002
and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records
of the County of Riverside. The Development Agreement has been previously amended
pursuant to: (1) the First Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7,
2006 in the Official Records of Riverside County as Document No. 2006-0162268; and
(2) the Second Amendment to the Development Agreement Between the City of
Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in
the Official Records of Riverside County as Document No. 2013-0324057. The
December 17, 2002 development agreement as amended shall be referred to in this
Ordinance as the "Development Agreement."
B. The Development Agreement and the Roripaugh Ranch Specific Plan
provide that the issuance of building permits for Phase II buildings are conditioned upon
the completion of design and construction of certain Public Improvements. The Third
Amendment to the Development Agreement and Amendment No. 2 to the Roripaugh
Ranch Specific Plan would modify the schedule and building permit "trigger points" or
"building permit thresholds" for various public improvements related to development in
Phase II of the Roripaugh Project (collectively the "Amendments"). The Owners of the
Phase II Properties have requested modifications to the infrastructure implementation
schedule to be able to install them in a more cost effective and efficient manner based
on current market conditions.
C. On February 17, 2016 the Planning Commission of the City of Temecula
held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh
Ranch Final Environmental Impact Report, the proposed Third Amendment to the
Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch
Specific Plan (SP 11) at which time all persons interested in the Project had the
opportunity and did address the Planning Commission. After hearing all written and oral
testimony on the proposed actions and duly considering the comments received, the
Ords 16-02 1
Planning Commission adopted Resolution No. 16-06 recommending to the City Council
that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report,
the proposed Third Amendment to the Development Agreement, and the proposed
Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved.
D. On March 8, 2016 the City Council of the City of Temecula held a duly
noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final
Environmental Impact Report, the proposed Third Amendment to the Development
Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan
(SP 11) at which time all persons interested in the Project had the opportunity and did
address the City Council.
E. The City has reviewed the potential impacts of the Third Amendment to
the Development Agreement and the various potential benefits to the City of the Third
Amendment and has concluded that the Third Amendment is in the best interests of the
City.
F. The Third Amendment to the Development is consistent with the City's
General Plan including the goals and objectives thereof and each element thereof. The
Third Amendment to the Development Agreement modifies the timing for the
construction of various improvements in the Roripaugh Ranch Specific Plan area, but is
otherwise consistent with the development requirements set forth in the Roripaugh
Ranch Specific Plan, as amended. The Roripaugh Ranch Specific Plan discusses, at
length, the consistency between the Specific Plan and the General Plan. The findings
of consistency contained in the Roripaugh Ranch Specific Plan are applicable and are
incorporated herein by this reference.
G. All legal preconditions to the adoption of this Ordinance have occurred.
H. By Resolution No. 16-16 the City Council certified and approved the
Addendum No. 2 to the Final Environmental Impact Report for the Roripaugh Ranch
Project.
Section 2. Approval of Third Amendment to Development Agreement. The
City Council of the City of Temecula hereby approves that certain Third Amendment to
Development Agreement between the City of Temecula and Ashby USA, LLC (also
known as the "Pre-annexation and Development Agreement") and authorizes the Mayor
to execute the Development Agreement in substantially the form attached hereto as
Exhibit "A".
Section 3. Mayor Naggar and Council Member Comerchero did not participate
in the discussion of Item 1, Butterfield Stage Road Phase 3, of Exhibit D to the Third
Amendment to the Development Agreement and abstained with respect to the action on
this particular item. While neither has any ownership or investment interests in Europa
Village Estates adjacent to Butterfield Stage Road at this location, it is an otherwise
related entity to them as further described in the Staff Report.
Ords 16-02 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of March, 2016.
Michael S. Naggar, Mayor
ATTE
Ran , City Clerk
[SEAL]
Ords 16-02 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16-02 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 8th day of March, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22nd day of March, 2016, by the following vote:
AYES: 3 COUNCIL MEMBERS: Edwards, McCracken, Rahn
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 2 COUNCIL MEMBERS: Comerchero, Naggar
ABSENT: 0 COUNCIL MEMBERS: None
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i
Randi Johl, City Clerk
Ords 16-02 4
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City of Temecula
41000 Main Street.
Temecula, CA 92590
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN CITY OF TEMECULA AND ASHBY USA,LLC
(RORIPAUGH RANCH SPECIFIC PLAN)
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT is made
and entered into as of March . 2016, by and between the CITY OF
TEMECULA, a California municipal corporation("City"), Wingsweep Corporation, a
California corporation("Wingsweep"), and Roripaugh Valley Restoration, LLC, a
Delaware limited liability company("RVR") (collectively"Phase II Owners"") pursuant
to the authority of Section 65864 through 65869.5 of the California Government Code
and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in
consideration of the mutual covenants set forth in this Third Amendment, the parties
hereto agree as follows:
1. Recitals. This Third Amendment is made with respect to the following
purposes and facts which the parties agree to be true and correct:
a. The Development Agreement between the City of Temecula and
Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement")
was initially approved by Ordinance of the City Council on December 17, 2002 and
recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of
the County of Riverside. The Development Agreement has been previously amended
pursuant to: (1) the First Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7,
2006 in the Official Records of Riverside County as Document No. 2006-0162268; and
(2)the Second Amendment to the Development Agreement Between the City of
11086-0097\1902902v4 doc 2-22-2016
Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in
the Official Records of Riverside County as Document No. 2013-0324057. The
December 17, 2002 development agreement as amended shall be referred to in this Third
Amendment as the"Development Agreement."
b. Section 3.5.5 of the Development Agreement authorizes parties to
the Development Agreement and the City to approve an "Operating Memorandum"
which does not constitute an amendment to the Development Agreement, in order to
implement the Development Agreement or provide for"changes, adjustments, or
clarifications [that] are appropriate to further the intended purposes"of the Development
Agreement. Since the date of the Development Agreement, seven Operating Memoranda
have been approved: (1) The First Operating Memorandum was entered into on October
21, 2004; (2)the Second Operating Memorandum was entered into on March 21, 2006;
(3)the Third Operating Memorandum was entered into on August 31, 2006; (4) the
Fourth Operating Memorandum was entered into on March 8, 2007 and recorded on
March 8, 2007 in the Official Records of Riverside County as Document No. 2007-
0160512; (5) the Fifth Operating Memorandum was entered into on October 26, 2010 and
recorded on November 18, 2010 in the Official Records of Riverside County as
Document No. 2010-0557219; (6)the Sixth Operating Memorandum was entered into on
January 25, 2011 and recorded on March 3, 2011 in the Official Records of Riverside
County as Document No. 2011-0093836; and(7)the Seventh Operating Memorandum
was entered into on April 17, 2015 and recorded on May 28, 2015 in the Official Records
of Riverside County as Document No. 2015-0223568.
C. The real property which is the subject of this Third Amendment is
generally known as the Phase II Property of the Roripaugh Ranch Project. The Phase II
Property consists of the Wingsweep Property described in Section l.d. and the RVR
Property described in Section Le. The Phase II Property is depicted on the map in
Exhibit A("Phase II Property Map") and is a part of the property subject to the
Development Agreement.
d. Wingsweep is the owner of real property within the Phase II
Property that is described on Exhibit B to this Third Amendment("Wingsweep
Property") and is a part of the property subject to the Development Agreement.
Wingsweep warrants and represents to the City that all persons who have an ownership
interest or other interest in the Wingsweep Property have executed this Third Amendment
as a party and, further, that no other persons are required to approve this Third
Amendment on behalf of Wingsweep.
e. RVR is the owner of real property with the Phase II Property that
is described on Exhibit C to this Third Amendment("RVR Property") and is a part of the
property subject to the Development Agreement. RVR warrants and represents to the
City that all persons who have an ownership interest or other interest in the RVR
Property have executed this Third Amendment as a party and, further, no other persons
are required to approve this Third Amendment on behalf of RVR.
f. By Resolution No. 2016- the City Council certified and
11086-0097\1902902v4 doc 2-22-2016 2
approved the Third Addendum to the Environmental Impact Report for the Roripaugh
Ranch Project, its land use entitlements and the Development Agreement pertaining to
the environmental analysis of this Third Amendment and Amendment No. 2 Roripaugh
Ranch Specific Plan (SP 11).
g. On February 17, 2016 the Planning Commission of the City of
Temecula held a duly noticed public hearing on the proposed Addendum, the proposed
Third Amendment to the Development Agreement, and the proposed Amendment No. 2
to the Roripaugh Ranch Specific Plan (SP 11). After hearing all written and oral
testimony on the proposed actions and duly consideration the comments received,the
Planning Commission adopted Resolution No. 16-06 recommending to the City Council
that this Third Amendment be approved.
h. On March 8, 2016, the City Council of the City of Temecula held a
duly noticed public hearing on the proposed Addendum, the proposed Third Amendment,
and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11). After
hearing all written and oral testimony on the proposed actions and duly consideration the
comments received, the City Council introduced Ordinance No. 16- on March 8, 2016
and adopted Ordinance No. 16- on 2016 approving this Third
Amendment.
i. On 2016, the City Council of the City of
Temecula also adopted Resolution No. 16-_approving Amendment No. 2 to the
Roripaugh Ranch Specific Plan (SP 11)
2. Amendment of Section 4.2 Phase II Improvements. Section 4.2 of the
Development Agreement shall be amended to read as follows:
"4.2 Physical Improvements. In consideration of the CITY'S promises and
performances, OWNER agrees to the following:
"4.2.1 Off-Site Improvements. Subject to the CITY'S assistance
pursuant to Section 3.1.3.5 OWNER shall be solely responsible for funding,
acquiring right-of-way, slope easements, rights of entry, temporary construction
easements, as well as constructing all improvements identified in Attachment 5,
as modified by Section 4.2.1.1.
"4.2.1.1 Phase II Improvements.
A. As used in this Section 4.2.1.1, "Phase II Property Owners"
shall mean the owners of the Phase II Property and their successors and assigns.
B. The Phase 11 Property Owners hereby acknowledge and
agree that on-site and off-site improvements required for Phase I of the Roripaugh
Ranch Project as described in Attachment 5 have been completed, or are secured
with construction pending or in progress, and that the Phase lI Owners shall not
have any responsibility for the Phase I Improvements.
11086-0097\1902902v4.doc 2-22-2016 3
C. Attachment 5 is hereby amended by deleting the text,
descriptions and building permit release thresholds for the Phase II Improvements
and replacing the text, descriptions and building permit release thresholds for the
Phase II improvements with Attachment 5-A to this Third Amendment.
D. Subject to the CITY'S assistance pursuant to Section
3.1.3.5, the Phase II Property Owners shall be responsible for funding, designing,
obtaining required all applicable permits, including, without limitation, resource
agency permits, acquiring rights-of-way, slope easements, rights of entry,
temporary construction easements, as well as constructing all of the Phase II
Improvements as identified and described in Attachment 5-A, Phase II
Improvements and Schedule. Phase II Property Owners, agree that to the extent
the costs of said Phase II Improvements exceeds available proceeds from duly
authorized community facility district bonds issued by the City and secured by a
special tax on the Project Site or the Phase II Properties, or both, pursuant to
Section 3.1.3.5, Wingsweep Corporation, a California corporation
("Wingsweep"), and its successors and assigns, shall pay ten percent(10%) of
such costs and Roripaugh Valley Restoration, LLC, a Delaware limited liability
company("RVR") shall pay ninety percent(90%) of such costs. It shall be the
responsibility of Wingsweep and RVR to fund the costs of the Phase II
Improvements as provided in this subsection as between themselves.
E. City shall have no responsibility to fund any of the Phase II
Improvements except with proceeds from duly authorized and available
community facilities district bonds issued by the City and secured by a special tax
on the Project Site or the Phase II Properties or both. Further, City shall be under
no obligation to issue any building permits pursuant to Attachment 5-A should
Wingsweep or RVR fail to contribute their respective shares of the funds required
to complete the Phase II Improvements.
"4.2.2 On-Site Improvements. OWNER shall be solely responsible for
funding, acquiring right-of-way, slope easements, rights of entry, temporary
construction easements, as well as all other On-Site improvements necessary to
accomplish the Development, in whole or in part."
3. New Attachment 5-A Phase II Improvements. A new Attachment 5-A,
Phase II Improvements and Schedule, is hereby added to the Development Agreement to
read as provided in Exhibit D to this Third Amendment.
4. Amendment No. 2 to Roripaugh Ranch Specific Plan (SP 11) Shall
Constitute a Development Plan Approval. Pursuant to the provisions of Section 3.6,
Wingsweep and RVR each agree that that Amendment No. 2 to the Roripaugh Ranch
Specific Plan shall be an amendment to the Development Plan Approvals and that
Amendment No. 2 shall constitute for all purposes a Development Plan Approval and
shall be treated for Phase II as if it were in existence on the Effective Date.
11086-0097\1902902v4 doc 2-22-2016 4
5. General
a. Except as specifically set forth herein, all other terms and conditions of the
Development Agreement, as amended by the First and Second Amendments, shall remain
in full force and effect.
b. This Third Amendment contains the entire understanding between the
parties relating to the subject matter hereof, all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, concerning the subject
matter hereof.
C. The following Exhibits are attached to this Third Amendment and
incorporated herein as though set forth in full:
Exhibit A Phase II Property Map
Exhibit B Wingsweep Property
Exhibit C RVR Property
Exhibit D New Attachment 5-A to Development Agreement, Phase II
Improvements and Schedule
11086-0097\1902902v4 doc 2-22-2016 5
IN WITNESS WHEREOF,the parties hereto have executed this Third
Amendment as of the day and year first above written.
CITY OF TEMECULA,
A municipal corporation
Michael S.Naggar
Mayor
Attest:
Randi Johl-Olson,JD, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
11086-0097\1902902v4.doc 2-22-2016 6
WINGSWEEP CORPORATION,
A California corporation
By:
Corry Hong
President and Chief Executive Officer
1 1086-0097\1902902v4 doc 2-22-2016 7
RORIPAUGH VALLEY RESTORATION LLC
A Delaware limited liability company
By:
Ken Kraemer
Operating Manager
11086-0097\1902902v4.doc 2-22-2016 8
A notary public or other officer
completing this certificate verities
only the identity of the individual who
signed the document to which this
certificate is attached,and not the
truthfulness,accuracy,or validity of
that document.
State of California )
County of )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
11086-0097\1 902902v4 doc 2-22-2016 9
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy,or validity of that document.
State of California )
County of )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared_, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1 1086-0097\1902902v4 doc 2-22-2016 10
EXHIBIT A
PHASE II PROPERTY MAP
11086-0097\1902902v4.doc 2-22-2016 11
Exhibit A
Phase 2 Property
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11086-0097\1902902v4 doc 2-22-2016 12
EXHIBIT B
WINGSWEEP PROPERTY
11086-0097\1902902v4 doc 2-22-2016 13
PARCEL A:
THAT PORTION OF THE NORTH HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN
BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF
CALIFORNIA,SHOWN AS'NOT A PART'ON PARCEL MAP ON FILE IN BOOK 1,PAGE 44 OF PARCEL
MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID"NOT A PART"SOUTH 0'33 55'WEST,974.13
FEET FROM NORTHEAST CORNER THEREOF;THENCE NORTH 89'26'05'WEST,771.64 FEET PARALLEL
WITH THE SOUTH LINE OF SAID'NOT A PART'TO A POINT ON TH EAST LINE OF THE METROPOLITAN
WATER DISTRIC f RIGHT-OF-WAY SOUTH 12'32'02'WEST 1004.04 FEET FROM THE NORTHWEST
CORNER OF SAID'NOT A PART';THENCE SOUTH 12'32'02'WEST,278.15 FEET ON SAID EAST
METROPOLITAN WATER DISTRICT LINE;THENCE SOUTH 89'26'05"EAST,829.32 FEET PARALLEL
WITH SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID'NOT A PART'SOUTH 0'33'55'
WEST,1246.24 FEET FROM SAID NORTHEAST CORNER;THENCE NORTH 0'33'55"EAST,272.11 FEET
ON SAID EAST LINE TO THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF THAT PORTION OF THE EAST HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2
WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF,SHOWN AS'NOTA PART'AS
PER MAP RECORDED IN BOOK 1,PAGES 44,45 AND 46 OF PARCEL MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EAST LINE OF SAID'NOT A PART"SOUTH 0'33'55'WEST,1,246.24
FEET FROM THE NORTHEASTERLY CORNER OF SAID'NOT A PART';THENCE CONTINUING SOUTH 0'
33'55'WEST ALONG SAID EASTERLY LINE 375.50 FEET TO A POINT;THENCE NORTH 89'26,05'
WEST 904 FEET,MORE OR LESS,TO A POINT ON THE EASTERLY LINE OF LAND CONVEYED TO THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS
INSTRUMENT NO.3T774,OFFICIAL RECORDS,SAID POINT ALSO BEING THE NORTHWEST CORNER OF
THA I CERTAIN PARCEL CONVEYED TO MATCHAM REALLY BY DEED RECORDED OCTOBER 21,1971,AS
INSTRUMENT NO.120094,OFFICIAL RECORDS;THENCE ALONG SAID EASTERLY LINE NORTH 12'32'
02'EAST(RECORDED NORTH 12'34'14'EAST)383.24 FEET TO A POINT THAT IS SOUTH 12'32'02"
WEST(OF RECORD SOUTH 12'34'14'WEST)1,28219 FEET FROM THE NORTHWEST CORNER OF
SAID'NOT A PART';THENCE SOUTH 89'26'05"EAST 829 32 FEET,MORE OR LESS,TO THE POINT OF
BEGINNING.
PARCEL C:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND,IN THE TEMECULA,COUNTY OF RIVERSIDE.
STATE OF CALIFORNIA DELINEATED AND DESIGNATED"NOT A PART'ON A MAP FILED IN BOOK 1,
PAGE 44 OF PARCEL MAPS,IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY BEING A
PORTION OF THE EAST HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO
BASE AND MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF SAID
SECTION 20 AS SHOWN ON PARCEL MAP IN BOOK 1,PAGE 44;THENCE ALONG THE EAST LINE OF
SAID SECTION SOUTH 0'33'55"WEST,1,62174 FEET TO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING SOUT 110'33'55'WEST,98.5 FEET;THENCE NORTH 89'26'05"WEST 928 FEET,MORE
11086-0097\1902902v4 doe 2-22-2016 14
OR LESS,TO THE EASTERLY LINF OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS INSTRUMENT NO.37174,OF
OFFICIAL RECORDS;THENCE ALONG SAID EASTERLY LINE NORTH 12'32'02.'EAST,(RECORDED
NORTH 12.34'14'EAST)100 FEET,MORE OR LESS,TO AN INTERSECTION ON A LINE SEARING
NORTH 89'26'05*NEST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 89'26'05'EAST
904 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING,
PARCEL D:
THAT PORTION OF SECTION 21,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND
MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,ACCORDING
TO THE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 21 DISTANT SOUTH 0'34'31'WEST
14518 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 21;THENCE CONTINUING ALONG
SAID WEST SECTION LINE SOUTH 0'34'31'WEST 1174.82 FEET:THENCE CONTINUING ALONG SAID
WEST SECTION LINE SOUTH 0`33'47'WEST 2350.04 FEET TO THE BEGINNING OF A NONJANGENT
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1900 00 FEET,A RADIAL LINE SEARS NORTH 89'
26 13"WEST;THENCE NORTHEASTERLY 1052.56 FEET ALONG SAID CURVE THROUGH ACENTRAL
ANGLE OF 37'41'3T;THENCE NORTH 38'IV 19"EAST 653.55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1600,00 FEET;THENCE
NORTHEASTERLY 1052.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'40'23":
THENCE NORTH'0'34'56'EAST 351.16 FEET TO THE OLGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 20DO.00 FEET;THENCE NORTHERLY 102.01 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 2'5T2 1*,THENCE SOUTH 87'37'4 1'WEST 235:41 FEET TO
THE BEGINNING OF A TANGENT`CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 3000.00
FEET THENCE WESTERLY 175.64 FEET THROUGH A CENTRAL ANGLE OF 3'12'16",THENCE NORTH 0'
33'47`LAST 629.48 FEET;THENCE SOUTH 88'34'20'WEST£60.55 FEET TO THE POINT OF
BEGINNING.
PARCELS A,B.C AND D ARE NOW DESCRIBED AS:
LOTS 1,3,4,5,6,H AND K OF TRACT NO.29353-2,FILED SEPTEMBER 28,2003 IN BOOK 342,PAGE
73 OF MAPS,IN THE OFFICE OF THE RECORDER OF THE COUNTY OF RIVERSIDE,CALIFORNIA.
11086-0097\1902902v4 doc 2-22-2016 15
EXHIBIT C
RVR PROPERTY
Real property im the City of Temecula.County of Riverside.State of California-described as
follow-$:
PARCEL A-
LOTS 7 THROUGH 11 AND LETTERED LOTS'T"""J"AND"L"OF T ILACT?9353-1 D
THE CITY OF MMCUA-COUNTY OF R IRSIDE.STATE OF C'AL.IFOF-VA.AS PER
PLAT RECORDED IN BOOK 342 OF MAPS.PAGE(S)73 THROUGH 85,MCLUSNE_
RECORDS OF SAlD CO1LWTY.
PARCEL B:
LOTS 1 THROUGH I5 AND LETTER LOT"A"OF TRACT 29353.I1ti THE CITY OF
TE:NIFCUL.4-COLNZY OF RJ4'ERSIDE.STATE OF C.UHORIVZrL:k.S PER MAP
RECORDED Ul BOOK 401 OF NLaPS PAGES 89 THROUGH 9+6 LNCLL:SI'%T—RECORDS
OF.S_UD COUNTY.
APNs:
964-180-004-6 (Affects Lot 7 of Parcel A)
964-1$4-0454 (-affects Lot 8 of Parcel A)
064--184-007-9 (Affects Lot 10 of Parcel A)
964-154-048-0 (Affects Lot 11 of Parcel A)
964-184-017-8 (Affects Lot I of Parcel B)
964-154-018--9 (Affects Lot 2 of Parcel B)
964-1$4-819-0 (affects Lot 3 of Parcel B)
964-185-0?4-0 (Affects Lot 4 of Parcel B)
964--184-021-1 (Affects Lot 5 of Parcel B)
964-158-02?-2 (Affects Lot 6 of Parcel B)
964-184-023-3 (affects Lot 7 of Parcel B)
964-15(1-€l24-4 (.Affects Lot 8 of Parcel B)
964-I30-023-5 (.Affects Lot 9 of Parcel B)
964-184-02" (Affects Lot 10 of Parcel B)
964-1.80-027-7 (Affects Lot 1 I of Parcel B)
964-•180-028-8 (Affects rot 12 of Parcel B)
964-180-029-9 (affects Lot 13 of Parcel B)
964-180-030-9 (Affects Lot 14 offtceI B)
964-130-031-0 (.Affects Lot 15 of Parcel B)
964-180-033-2 (affects Lot 9 of Parcel A)
964-180-034-3 (Affects Lot J of Parcel A)
964-180-036-5 (Affects Lot L of Parcel A)
964-180-837-6 (Affects Lot I of Parcel A)
964-130-032-1 (Affects Lot A of Parcel B)
11086-0097\1902902v4.doc 2-22-2016 16
EXHIBIT D
NEW ATTACHMENT 5-A TO DEVELOPMENT AGREEMENT
PHASE II IMPROVEMENTS AND SCHEDULE
1. Butterfield Stage Road Phase 3
A. Description of Public Improvement. Acquire all right-of-way, complete
engineering design, and construct Butterfield Stage Road Phase 3 to the
intersection with Rancho California Road. Construction will include
intersection and traffic signal improvements at Butterfield Stage Road and
Rancho California Road and landscaping of the center medians of
Butterfield Stage Road Phase 1, Phase 2 and Phase 3 improvements.
When appropriate warrants are met, Owners of Phase II shall contribute a
fair share contribution towards the installation of a traffic signal at
Butterfield Stage Road at La Serena Way and related intersection
improvements as provided in Section 2.2.6, Phasing of Road
Improvements, of the Roripaugh Ranch Specific Plan, and more
specifically, Table 2-3 and Paragraph 4 on page 2-22 of the Specific Plan.
B. Building Permit Release Schedule. Complete Butterfield Stage Road
Phase 3 improvements prior to issuance of 1St building permit in
Roripaugh Ranch Phase II, excluding the installation of center median
landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3.
Complete center median landscaping improvements for Butterfield Stage
Road Phase 1, Phase 2, and Phase 3 prior to the issuance of the 500th
building permit in Roripaugh Ranch Phase II.
C. Responsibility. The City shall construct the Butterfield Stage Road Phase
3 improvements using Remaining CFD funds, excluding the installation of
landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3.
Landscaping improvements for Butterfield Stage Road Phase 1, Phase 2,
and Phase 3 shall be constructed by the Owners of Phase II Property. (As
used in this Attachment 5-A, the term "Remaining CFD funds" shall mean
available bond proceeds from duly authorized community facility district
bonds issued by the City and secured by a special tax on the Project Site or
the Phase II Properties, or both, pursuant to Section 3.1.3.5.)
2. Traffic Signal,Road, and Intersection Acquisition Fee
A. Description of Public Improvement. Establish an on and offsite traffic
signal, road and intersection acquisition fee. The fee amount will be
determined by the City based on cost estimates provided by the Owners of
Phase II Property and fees will be collected by the City at the time of
building permit issuance. The City will determine when the
improvements are required to be installed. The Constructing Party will be
11086-0097\1902902v4 doc 2-22-2016 17
reimbursed upon acceptance of the completed improvements by the City.
Owners of Phase II Property shall be responsible to cover the cost of any
shortfall.
The on and offsite traffic signals, roads, and intersections to which the
Acquisition Fee will be applied are:
• Butterfield Stage Road and Murrieta Hot Springs Road
• Butterfield Stage Road and Nicolas Road
• Butterfield Stage Road and Calle Chapos
• Nicolas Road at Winchester Road
B. Building Permit Release Schedule. The Owners of Phase II shall provide
cost estimates and fee basis to the Director of Public Works for approval
prior to issuance of 1st building permit in Roripaugh Ranch Phase II. The
City shall collect the approved fee amount at issuance of each Building
Permit in Roripaugh Ranch Phase II starting with the I"building permit.
The ultimate signal modifications and associated improvements at the
Nicolas Road and Winchester Road intersection shall be operational prior
to the issuance of the 26th building permit in Roripaugh Ranch Phase II.
The timing of the installation for the remaining traffic signals and
intersection improvements shall be as determined by the City Director of
Public Works, and shall not be an unreasonable time-schedule.
The Constructing Party will be reimbursed upon acceptance of the
completed improvements by the City. Owners of Phase II Property shall
be responsible to cover the cost of any shortfall.-
C. Responsibility. Owners of Phase II Property.
Shortfall costs to be allocated as noted in item #18 herein below.
3. Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection
A. Description of Public Improvement. Complete engineering design and
construct full Nicolas Road improvements from Butterfield Stage Road to
the Calle Girasol/Nicolas Road Connection.
The City will use the Remaining CFD funds, after the funding of
Butterfield Stage Road Phase 3, to construct the improvements from the
approved plan as a City-sponsored project. Owners of Phase II Property
shall be responsible to cover the cost of any shortfall. Owners of Phase II
Property shall be required, on behalf of the City, to provide for all required
engineering design, construction plans, CEQA analysis&processing,
environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood
1 1086-0097\1 902902v4 doc 2-22-2016 18
Control and Water Conservation District permits. Costs of design,
mitigation, project management and construction will be eligible for
reimbursement from the CFD funds, with priority to the costs of
construction. Costs of right-of-way acquisition will be eligible for
reimbursement from the CFD funds upon completion of the required
acquisition. The approved plan shall include all utility, drainage, flood
control, bridge, and intersection improvements necessary for the roadway
connection.
Resource Agency permits for the offsite portion of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were
not obtained with the Resource Agency permits for Roripaugh Ranch
Phase II. Due to Resource Agency regulations, the offsite portion of
Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas
Road Connection should be combined with the permits for the Santa
Gertrudis Creek Channel improvements downstream of the existing
culverts at Butterfield Stage Road and processed and obtained as a single
package.
Upon review of final design plans and estimates by the City,the City shall
determine a security amount corresponding to the then current engineering
cost estimates plus design, mitigation and right-of-way acquisition costs,
costs of construction and contingencies for both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing. Owners of Phase 11 Property
shall post a letter of credit with the City, in a form reasonably acceptable
to the City Attorney, in the amount of the security amount. The City shall
release the letter of Credit upon the occurrence of one of the following
events: (1) Completion of the construction of both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing as required by this Agreement
to the satisfaction of the Director of Public Works; or(2) additional
proceeds from new CFD bonds are approved and available so that the
remaining CFD funds are sufficient to complete both the Nicolas Road
Improvements as described in this Section and the Santa Gertrudis Creek
Channel Improvements described in Section 4 of this Attachment 5-A
associated with the Nicolas Road crossing. After determination of the
security amount, any remaining CFD funds in excess of the security
amount may then be applied to Santa Gertrudis Creek and Long Valley
Wash channel improvements.
B. Building Permit Release Schedule.
1. Offsite Segment(Calle Girasol/Nicolas Road Connection to Phase
11 Boundary). The Owners of Phase 11 Property shall submit
1 1086-0097\1 902902v4 doc 2-22-2016 19
complete engineering design plans, including initial application for
Resource Agency permits and RCFC&WCD approvals, for
approval by the City Director of Public Works prior to issuance of
the I"building permit in Roripaugh Ranch Phase II.
2. The Owners of Phase II Property shall make good faith efforts to
acquire any required regulatory agency permits/approvals on
behalf of the City, together with the Santa Gertrudis Creek
Channel Improvements downstream of the existing culverts at
Butterfield Stage Road regulatory agency permits/approvals as a
package, to allow for start of the City-sponsored project prior to
issuance of the 2001h building permit for the Phase II Property. If,
however, the Owners of Phase II Property are unsuccessful in
obtaining the required regulatory agency permits/approvals within
a reasonable timeframe to allow orderly development of Roripaugh
Ranch Phase II, the Owners of Phase II Property may petition the
Director of Public Works to allow issuance of additional sequential
phases of 100 building permits, up to a total 522 building permits
prior to obtaining the required regulatory agency
permits/approvals. After 50 of each additional phase of 100
building permits have been issued, the Director of Public Works
shall determine, using ordinary and reasonable criteria, if sufficient
progress has been made in obtaining the regulatory agency
approvals for the City to issue the next additional phase of building
permits.
3. City shall construct Nicolas Road from the western Project
boundary to Calle Girasol Owners of Phase II Property shall
construct Nicolas Road Improvements from Butterfield Stage Road
to western Project boundaries as described in this Section with the
Park-n-Ride/Equestrian Staging Area, which is required to be
constructed prior to the 1St building permit for Roripaugh Ranch
Phase II. Owners of the Phase II Property shall construct a
barricade and turn-around acceptable to the Fire Department on
Nicolas Road at the boundary of the Phase II Property to remain in
place until full Nicolas Road improvements are made from Calle
Girasol to the western project boundary and Butterfield Stage
Road.
C. Responsibility. City, Owners of Phase II Property.
Shortfall costs to be allocated between Owners of Phase II
Property as noted in item#18 herein below.
11086-0097\1902902v4 doc 2-22-2016 20
4. Santa Gertrudis Creek Channel Improvements
A. Description of Public Improvement. Construct the improvements upstream
and downstream of the existing culverts at Butterfield Stage Road from
the plans approved by the Riverside County Flood Control and Water
Conservation District(RCFC&WCD). Both upstream and downstream
improvements must be constructed concurrently.
Remaining CFD funds, after the funding of Butterfield Stage Road Phase
3, above the security amount determined by the City for Nicolas
Road/Calle Girasol improvements may be applied to Santa Gertrudis
Creek channel improvements.
Permanent maintenance of the Santa Gertrudis Creek Channel
Improvements shall be the responsibility of the RCFC&WCD.
City of Temecula, as the underlying property owner, will cooperate to
remove the existing Restrictive Covenant on the land, and to grant fee
ownership to the RCFC&WCD for permanent maintenance.
Resource Agency permits for the Santa Gertrudis Creek Channel
Improvements downstream of the existing culverts at Butterfield Stage
Road were not obtained with the Resource Agency permits for Roripaugh
Ranch Phase II, and the improvements are off site. Due to Resource
Agency regulations, the Santa Gertrudis Creek Channel Improvements
permits downstream of the existing culverts at Butterfield Stage Road
should be combined with the permits for Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection and processed
and obtained as a single package.
B. Building Permit Release Schedule.
I. Owners of Phase II Property shall submit complete engineering
design plans, including initial application for Resource Agency
permits and RCFC&WCD approvals, for approval by the City
Director of Public Works prior to issuance of the I't building
permit in Roripaugh Ranch Phase II.
2. Owners of Phase II Property shall make good faith efforts to
acquire any required regulatory agency permits/approvals,together
with the Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection regulatory agency
permits/approvals as a package, prior to issuance of the 2001h
building permit within the Roripaugh Ranch Phase II. If,
however, Owners of Phase II Property is unsuccessful in obtaining
the required regulatory agency permits/approvals within a
reasonable timeframe to allow orderly development of the
Roripaugh Ranch Phase II property, Owners of Phase II Property
1 1086-0097\1 902902v4 doc 2-22-2016 21
may petition the Director of Public Works to allow issuance of
additional sequential phases of 100 building permits for the
Roripaugh Ranch Phase II property, up to a total of 522 building
permits within the Roripaugh Ranch Phase II property prior to
obtaining the required regulatory agency permits/approvals. After
50 of each additional phase of 100 building permits have been
issued, the Director of Public Works shall determine, using
ordinary and reasonable criteria, if sufficient progress has been
made in obtaining the regulatory agency approvals for the City to
issue the next additional phase of building permits for the
Roripaugh Ranch Phase II property.
C. Responsibility. Owners of Phase II Property, with costs allocated as noted
in item#18 herein below.
5. Long Valley Wash Channel Improvements
A. Description of Public Improvement. Construct the Long Valley Wash
Channel Improvements from the plans approved by RCFC&WCD and/or
City of Temecula. Construction shall include the bridge abutments for the
Pedestrian Bridge.
Remaining CFD funds above the security amount determined by the City
for Nicolas Road/Cal le Girasol and Santa Gertrudis Creek Channel
improvements may be applied to Long Valley Wash Channel
Improvements.
Permanent maintenance of the Long Valley Wash Channel Improvements
shall be the responsibility of the Roripaugh Ranch Phase II HOA, or other
maintenance entity reasonably approved by the City of Temecula. As
used in this Attachment 5A, "Roripaugh Ranch Phase II HOA," shall
mean a homeowners association duly incorporated under the laws of the
State of California for the purposes, among others, of maintaining the
various public and private improvements as provided in the Development
Agreement and funding such maintenance obligations. There shall only be
one HOA for Roripaugh Ranch Phase II maintenance obligations in a form
reasonably approved by the Director of Community Development and
City Attorney, provided, however, that this HOA may provide for special
benefit zones to fund maintenance obligations as approved by the Director
of Public Works.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
construct Long Valley Wash Channel Improvements prior to issuance of
the 1St building permit in a Planning Area draining into the channel (i.e.,
Planning Areas 17 through 31).
1 1086-0097\1902902v4 doc 2-22-2016 22
C. Responsibility. Owners of Phase II Property, with costs allocated as noted
in item#18 herein below.
6. Water Quality Improvement Plan (WQMP)
A. Description of Public Improvement. As needed, each Owner of Phase II
Property shall submit a WQMP Amendment covering its ownership to the
San Diego Regional Water Quality Control Board (SDRWQCB) and City
for review and comment. The WQMP Amendments shall address both
construction and occupancy of the project. The amended WQMPs shall be
implemented to the satisfaction of the City Public Works Department.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit WQMP Amendments covering their respective ownerships to the
SDRWQCB and City for review and comment prior to any additional
approval of plans, issuance of permits, and/or grading of each Party's site.
C. Responsibility. Owners of Phase II Property, individually by Planning
Area.
7. Remaining Public Improvements& Landscaping—Major Roadways
A. Description of Public Improvement. The Owners of Phase 2 Property shall
complete the public improvements, including sidewalks, parkway
landscaping, raised landscaped median landscaping, perimeter walls and
street lighting, along the frontage of major roadways adjacent to each
Planning Area in their respective ownerships, to the satisfaction of the
Public Works Director. This requirement will pertain to the following
major roadways:
• Murrieta Hot Springs Road
• Butterfield Stage Road
• Roripaugh Valley Road("A" Street)
• Fiesta Ranch Road(`B" Street)
• Nicolas Road
• North Loop Road
• South Loop Road
In the event that sidewalks along the above streets are not continuous,the
Owners of Phase II Property shall provide an all-weather pedestrian path
of travel to ensure continuous pedestrian circulation.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
each complete the public improvements and landscaping including
sidewalk, parkway landscaping, raised landscaped median landscaping,
perimeter walls and street lighting, adjacent to their frontage on major
roadways, to the satisfaction of the Public Works Director, prior to the
1 1086-0097\1902902v4 doc 2-22-2016 23
issuance of the 1st building permit in each adjacent Planning Area and/or
Tract Map.
C. Responsibility. Owners of Phase II Property, individually by Planning
Area.
8. Permanent Maintenance of Parkway Landscaping—Landscape Maintenance
Master Plan
A. Description of Public Improvement. Although originally intended to be
maintained by the TCSD, permanent maintenance of slopes and parkways
along the frontage of major roadways in Roripaugh Ranch Phase II shall
be the responsibility of the Roripaugh Ranch Phase II HOA.
Owners of Phase II Property shall each prepare and submit a Landscape
Maintenance Master Plan to the Community Development Director for
review and comment covering all public and private open space areas,
parks, slopes, parkways, etc., and especially slopes and parkways along
their frontage on major roadways in Roripaugh Ranch Phase II, which will
not be maintained by individual commercial or residential property
owners. The Landscape Maintenance Master Plan(s) shall show the
locations of any necessary water meters and electrical meters, together
with the permanent maintenance entity for each area.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit a Landscape Maintenance Master Plan for their respective
ownerships to the Community Development Director for review and
comment prior to the I"building permit in each Planning Area and/or
Tract Map.
C. Responsibility. Owners of Phase II Property.
9. North and South Loop Roads—Complete Engineering and Landscape
Architectural Design
A. Description of Public Improvement. Complete engineering and landscape
architectural design as public roadways,with:
• narrow roadway pavement widths consistent with current City
design criteria;
• traffic calming measures including measures to address traffic
to/from Sports Park(Planning Area 27), Secondary School
(Planning Area 28) and Elementary School (Planning Area 29)
such as a traffic round-about on the North Loop Road easterly of
Planning Area 29;
• water quality measures addressing runoff from the roadway
pavement and parkway areas;
11086-0097\1902902x4 doc 2-22-2016 24
• areas with widened parkways, meandering sidewalks or trails,
variations in wall locations and type, or other design features
intended to create unique character and visual appeal; and
• a Phasing Plan for construction of the roads to allow for orderly
development of Roripaugh Ranch Phase Il.
Submit design to the Public Works Director and Community Development
Director for approval.
B. Building Permit Release Schedule.
1. The Owners of Phase II Property shall complete engineering
design of the North and South Loop Roads, and a Phasing Plan for
construction of the roads to allow for orderly development, and
submit for approval to the Public Works Director and the Fire
Marshal prior to the issuance of the 1St building permit in
Roripaugh Ranch Phase II.
2. The Owners of Phase II Property shall complete landscape
architectural design of the North and South Loop Roads and
submit for approval to the Community Development Director prior
to the issuance of the 1St building permit in Roripaugh Ranch Phase
II.
C. Responsibility. Owners of Phase II Property, with costs allocated as noted
in item#18 herein below.
10. Sports Park(Planning Area 27)—Complete Design & Construction and
Maintenance Agreement
A. Description of Public Improvement. Update design of the Sports Park
with:
• water quality measures addressing runoff from impervious areas
and incorporating Low Impact Development(LID) Best
Management Practices (BMPs), in accordance with the amended
WQMP;
• unnecessary turf areas converted to drought tolerant plant
materials;
• fescue turf soccer fields converted to synthetic turf,
• design of tot lot and playground updated to the latest Consumer
Product Safety Commission (CPSC) standards;
• proposed site lighting converted to more efficient LED lighting;
• pre-wiring for security cameras for each major use area(parking
lot, ball fields, restrooms, etc.) and provision of Closed-Circuit
Television (CCTV) system; and
1 1086-0097\1902902v4 doc 2-22-2016 25
• approval of the sports field lighting design by the Community
Services Director, and, if required, the Riverside County Airport
Land Use Authority,with the intent of minimizing the impacts of
lighting on the surrounding community,
• connection to the multi-use trails in Long Valley Wash and
potential connection to the Park-n-Ride, Equestrian, and Trailhead
facility in Planning Area 3313,
• conversion of the proposed ball field to a 90' infield/325' outfield.
Owners of Phase II Property shall submit design to the Community
Services Director and Public Works Director for approval.
B. Building Permit Release Schedule.
I. Prior to the issuance of the 1st building permit in Roripaugh Ranch
Phase II, the Owners of Phase II Property shall update the Sports
Park design, and submit plans for approval to the Community
Services and Public Works Directors.
2. The Owners of Phase II Property shall construct the Sports Park
and the City shall accept the park, prior to issuance of the 1200"
building permit in Roripaugh Ranch, that number including
Roripaugh Ranch Phase I.
C. Responsibility_. Owners of Phase II Property,with costs allocated on the
basis of the City of Temecula's typical parks fee methodology.
11. Private Recreation Center(Planning Area 30)—Use Analysis,Design
Development,and Construction and Maintenance Agreement
A. Description of Public Improvement. Perform a recreational use analysis to
guide design development of the Private Recreation Center, optimum
location within Roripaugh Ranch Phase II, and to form the basis for fair
share construction and maintenance fiscal contribution decisions by the
Owners of Phase II Property.
Perform design development based on the recreational use analysis and
submit to the Community Development Director for approval. Design
development drawings and documents must be sufficient to understand
recreational uses, conceptual architecture, construction costs and
maintenance/operational costs.
Permanent maintenance of the Private Recreation Center shall be the
responsibility of the Roripaugh Ranch Phase II HOA.
B. Building Permit Release Schedule. RVR and/or Wingsweep shall perform
a recreational use analysis, design development, and submit to the
Community Development Director for approval prior to the 1st building
1 1086-0097\1902902v4 doc 2-22-2016 26
permit in Roripaugh Ranch Phase II. Prior to the issuance of the 300th the
schedule for completion of construction of the Private Recreation Center
shall be approved by the Director of Community Development. C.
C. Responsibility. Owners of Phase II Property, with costs allocated as noted
in item#18 herein below.
12. Pedestrian Bridge over Long Valley Wash
A. Description of Public Improvement. Construct the Pedestrian Bridge over
Long Valley Wash. Bridge abutments to be constructed with Long Valley
Wash channel construction.
B. Building Permit Release Schedule. RVR shall construct the Pedestrian
Bridge prior to issuance of the 75th building permit for Planning Areas 22,
23, and 24.
C. Responsibility. RVR, individually.
13. Multi-Use Trail in Planning Areas 19,20, &21 —Design Development
A. Description of Public Improvement. Perform design development of the
15' wide Multi-Use Trail intended to provide a trail in Planning Area 21
and Planning Area 20 along their southerly boundary, then crossing Long
Valley Wash to connect to Planning Area 19 and along its easterly
boundary and connecting to properties to the east. Due to changed
conditions, trail access into Planning Area 13 has been precluded, crossing
of Long Valley Wash may only be accomplished at the easterly Loop
Road crossing and introduction of the Wine Country Sewer provides
additional opportunity for alternate trail alignment.
Design development shall include:
• measures to screen onsite and offsite homes from the trail on an
"as-needed" basis;
• measures to provide for safe:xossing at the easterly Loop Road
crossing of Long Valley Wash;
• consideration of connection to properties to the east at Calle
Contento, in the alignment of the Wine Country Sewer, as opposed
to an alignment through Planning Area 19 to connect to Planning
Area 13;
• consideration of any potential connection of the trail alignment
through Planning Area 21 and Planning Area 20 to properties to
the south or to the west across Butterfield Stage Road, or to the
Equestrian and Trailhead Facilities required to be constructed in
Planning Area 33B. If safe and reasonably useful connections
from Planning Area 21 and Planning Area 20 to such properties or
to the Equestrian and Trailhead Facilities cannot be expected, then
11086-0097\1902902v4 doc 2-22-2016 27
alternate alignments, such as trail crossing facilities at Nicolas
Road and Butterfield Stage Road, and/or use of the multi-use trails
in Long Valley Wash shall be considered in the design
development instead;
• a Phasing Plan for construction of the multi-use trail in segments to
allow for its early construction as well as orderly development of
Roripaugh Ranch Phase II
Owners of Phase II Property shall submit design development to the
Community Development Director for approval.
Permanent maintenance of the Multi-Use Trail shall be the responsibility
of the Roripaugh Ranch Phase II HOA, or as determined in the Landscape
Maintenance Master Plans.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
perform design development of the Multi-Use Trail and submit to the
Community Development Director for approval prior to issuance of the Is'
building permit in Roripaugh Ranch Phase II.
The Multi-Use Trail may be constructed in phases, in accordance with the
approved Design. In each Planning Area, the Multi-Use Trail shall be
constructed prior to issuance of the 1St building permit(excluding Model
Home permits) in the Planning Area.
C. Responsibility. Costs allocated in the future based on Planning Area
ownership (i.e.trail costs within each Planning Area will be borne by the
owner of that Planning Area).
14. Park-n-Ride,Equestrian Facilities, Trailhead in Planning Area 33B
A. Description of Public Improvement. Complete design and construct the
Park-n-Ride, Equestrian Facilities and Trailhead Facilities, in accordance
with the approved Multi-Use Trail design development and the
requirements of the City.
Permanent maintenance of and providing utilities for the Park-n-Ride,
Equestrian Facilities, and Trailhead in Planning Area 33B shall be the
responsibility of the Roripaugh Ranch Phase II HOA, or as determined in
the Landscape Maintenance Master Plans. Maintenance of the sites for
Park-n-Ride, Equestrian Facilities and Trailhead Facilities and the
facilities during construction shall be the responsibility of the Owners of
Phase II.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
complete design and construct the Park-n-Ride, Equestrian Facilities and
Trailhead Facilities in accordance with the approved Multi-Use Trail
1 1086-0097\1902902v4 doc 2-22-2016 28
design development and the requirements of the City, prior to issuance of
the 1St building permit in Planning Areas 10, 12, 14 thru 23, 31 and 33A.
Prior to issuance of the 1st building permit in Planning Areas 10, 12, 14
thru 23, 31 and 33A, the Owners of Phase II Property shall also complete
the design and construction of the portion of Nicolas Road from
Butterfield Stage Road to the MWD easement, including necessary
temporary turn-around geometrics to the satisfaction of the Director of
Public Works. The design and construction of this portion of Nicolas
Road must be coordinated and consistent with the engineering design and
construction of Nicolas Road(Item #3 of this Attachment 5-A).
C. Responsibility. Owners of Phase Il Property, with costs allocated as noted
in item#18 herein below.
15. Fire Protection Plans
A. Description of Public Improvement. Submit plans for structural protection
from vegetation fires to the City of Temecula Fire Department.
B. Building Permit Release Schedule. Owners of Phase II Property shall each
submit a Fire Protection Plan for their respective areas for approval by the
City of Temecula Fire Department prior to the approval of the Tentative
Tract/Parcel Map in each of their respective ownerships.
C. Responsibility. Owners of Phase II Property, individually by Planning
Area.
16. Roripaugh Valley Road ("A" Street)—Complete Improvements
A. Description of Public Improvement. Complete construction of Roripaugh
Valley Road Improvements from Murrieta Hot Springs Road to
Butterfield Stage Road.
Roripaugh Valley Road from Murrieta Hot Springs Road to the access for
the Neighborhood Park(Planning Area 6) shall be installed prior to the
acceptance of the Neighborhood Park by the City.
B. Building Permit Release Schedule. If not already completed with the
construction of the Neighborhood Park(Planning Area 6), Owners of
Phase II Property shall complete the Roripaugh Valley Road
Improvements prior to the issuance of the 1St building permit in Planning
Area 11.
C. Responsibility. Owners of Phase II Property, with costs allocated as noted
in item #18 herein below.
11086-0097\1902902v4 doe 2-22-2016 29
17. Fiesta Ranch Road ("B" Street) Improvements—Complete Improvements
A. Description of Public Improvement. Complete construction of Fiesta
Ranch Road Improvements from Nicolas Road to Roripaugh Valley Road.
B. Building Permit Release Schedule. The Owners of Phase II Property shall
complete the Fiesta Ranch Road Improvements prior to issuance of the I"
building permit in Planning Area 12.
C, Responsibility. Owners of Phase II Property, with costs allocated as noted
in item #18 herein below.
18, On-site and Off-site infrastructure improvements and facilities—
Proportional Cost Sharing.
A. Description of Public Improvement. Owners of Phase II Property shall
share the costs to complete the design, planning, government agency
permit approvals, construction and implementation of all of the On-site
and Off-site infrastructure improvements and facilities per the items above
on a proportional basis.
B. Building Permit Release Schedule.Not Applicable.
C. Responsibility. As costs are incurred, The Owners of Phase II Property
shall each pay their agreed upon proportional share of said approved costs.
RVR's proportionate share shall be ninety percent(90%).
Wingsweep's proportionate share shall be ten percent(10%).
11086-0097\1902902v4 doc 2-22-2016 30