HomeMy WebLinkAbout95-12 CC OrdinanceORDINANCE NO. 95-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND
RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN
THE CITY OF TEMECULA AND VAN DAELE 79 VENTURE, LTD. FOR
FINAL TRACT MAPS NO. 22716 -FINAL, 22716-2, 22716-4 AND
TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC PLAN NO. 199.
WHEREAS, Section 65864 et se=C . 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, Van Daele
79 Venture, Ltd., a California Limited Partnership, hereinafter "Van Daele" has filed with the
City of Temecula an application for a Development Agreement which reflects an amendment and
restatement of existing County Development Agreement No. 5 (hereinafter "this Agreement"),
of a residential housing subdivision on its property for Planning Area 14 including at Tract
22716, Lots 1-11; Tract 22716-2, Lots 1-13, 17-31; Tract 22716-4, Lots 1-40; Parcel Map
28122, Lots 1, 2, 3 provided such Parcel Map is approved, 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
Van Daele, 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 August 7,
1995 (Planning Commission), and August 22, 1995 (City Council) at which time it 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 Van Daele, 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 low -medium density residential;
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B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Subject Property referred to herein is located as this Agreement
provides for residential development pursuant to a Specific Plan;
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 in text or 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 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 its hearing on this
Agreement, giving its reasons therefor and setting 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. Acceleration of both the timely development of subject property as well
as the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots;
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
6. Help ensure solvency of Assessment District 159 and Community Facilities
District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each
of these districts for subject property in their entirety and these districts finance City and
regional improvements.
Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein
by this reference as Attachment "1" 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. 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.
Ords\95-12
Section 6.
1995.
PASSED, APPROVED AND ADOPTED this 12th day of September,
J .
Pone, Mayor
ATTEST:
Jun . Greek, CMC
City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 95-12 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 22nd day of August, 1995, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day
of September 1995, by the following vote, to wit:
AYES:
5
COUNCILMEMBERS:
NOES:
0
COUNCILMEMBERS:
ABSENT:
0
COUNCILMEMBERS:
Ords\95-12 4
Birdsall, Lindemans, Parks, Roberts
Stone
None
1-06 MW
S. Gr , MC
City Clerk
,
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)
FTI., 1:1z 10 3 HINVWX I oil 73,11F34 vv�v 1w
SPECIFIC PLAN NO. 199
PLANNING AREA 14
PLANNING APPLICATION NO.
'Margarita Village'
Van Daele 79 Venture Ltd.
Mr593s
1
' BErWE@i
CITY OF TE ]ECULA
and
VAN DAEF 79 VENTURE, LTD.
This Amendment and Restatement of Development Agreement ('Amendment') is
entered into to be effective on the date set forth in Recital N. and Paragraph 1.7 by and
among the City of Temecula, a California Municipal Corporation ('City') and Van Daele 79
Venture, Ltd., a California Limited Partnership ('Owner'):
A. Pursuant to California Government Code Section 65864, et. SM.
("Development Agreement Statutes'), Kaiser Development, a California Corporation and
others and the County of Riverside, California ('County') entered into Development
' Agreement No. 5 recorded in the Official Records of Riverside County, California on
November 7, 1988, as Instrument No.325515 ('Development Agreement No. 5").
B. Development Agreement No. 5 encompasses a project formerly located within
County approved Specific Plan No. 199 lmown as "Margarita Village", a mixed use
subdivision, (the 'Original Project") to be developed on property which came within 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 14 a
residential development (the "Project'). The balance of the Original Project covered by
Development Agreement No. 5 not included within Planning Area 14 is not amended or
impacted by this Agreement.
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C. Pursuant to the provisions of the Development Agreement Statutes, the City
became the successor -in -interest to the County under Development Agreement No. 5 upon
incorporation of the City.
D. Pursuant to Section 65868 of the Development Agmernent Statutes, the City
and Owner propose to restate and amend Development Agreement No. 5 to substitute this
Agreement for the portion of Development Agreement No. 5 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 cater 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 suers 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 funds and determines that it will be in the best interest of its citizens and
the public health, safety and welfare will be served by catering into this Agreement.
I. All of the procedures and requirements of the California Environmental
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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 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. 5 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 County Impact Foes or 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. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, for public infrastructure facilities and the enhancement of
the quality of life, including recreation facilities for present and future residents of the City.
The benefits to the City and Owner contemplated by development of the Project include:
(1) completion of vacant lots in Project;
(2) payment of fire mitigation fees;
(3) participation in special assessment districts to finance City and regional
infrastructure improvements
M. 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.
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N. City Council of City has approved this Agreement by Ordinance No.
—opted on
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(-Effective Date'). On the
Effective Date, Development Agreement No. 5 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
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 patties agree:
1. Definitionq. In this Agreement, unless the context otherwise requires, the
following words and phrases shall have the meaning set forth below:
of City.
1.1 'City' is the City of Temecula.
1.2 'City Public Facility Fee' is an amount to be established by Ordinance
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. 5.
1.5 'Development Exaction' means any requirement of City in connection
with or pursuant to any I.and 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
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defined in Section 1.8 below which are applicable tD development of the Project
1.7 'Effective Date• means the date upon which the Ordinance approving
this Agreement becomes effective, which date is thirty (30) days following the data the City
Council adopted such Ordinance absent a referendum challenge.
1.8 "Existing Development Approval(s)' means those certain development
approvals in effect as of the effective date of this Agreement with respect m the property,
including, without limitation, the -Existing Development Approvals- listed in E)ditk A,
attached hereto and incorporated herein by this reference, which were approved by the
County or the City.
1.9 . 'Financing District" means a Community Fatalities District formed
pursuant to the Mello -Roos Community Facilities Act of 1982, (California Government Code
Section 53311 gjzQ, as amended); an assessment district formed pursuant to the
Landscaping and Lighting Act of 1972, (California Streets and Highways Code Section
22500 et M. 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 of public improvements, facilities, services and/or public facilities fees
within a specific geographical area of the City.
1.10 "Interim Public Facilities Fee* means an amount of Three Thousand
Two Hundred Dollars ($3,200) per each residential unit developed in the Project.
1.11 "Land Use Regulations" means all ordinances, resolutions, codes,
rules, regulations, and official policies of City, governing the development and use of land
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including without limitation, the permitted use of land; the density or intensity of use;
subdivision requirements; the maximum height and sine of proposed buildings; the provisions
for reservation or dedication of land for public purposes; and the design, improverawt, and
duction standards and specifications applicable to the devdopment of the Property listed
on Exhibit B, attached hereto and incorporated herein by this reference, which ars 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;
(e) The exercise of the power of eminent domain.
Project;
1.12 'Owner' means the person having a legal or equitable interest in the
1.13 'Project' is the development of the Property in accordance with the
Development Plan.
1.14 'Property is ft real property described in EkhIbit C, attached hereto
and incorporated herein by this reference.
1.15 'RSA Fee' means the fee established by County Ordinance No.
as adopted by City.
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1. 16 "Subsequent Development Approvals• means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.17 •subsequent Land Use Regulation• means any Land Use Regulation
adopted and effective after the Effective Date of this Agree zica
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 referral to in this Agreement attached
hereto, incorporated herein, and made a part hereof by this reference:
E&b t Designation
A
B
C
D
4. Term.
DcHdRdo
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Notice From Mortgagee
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 judgment 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
ox,wae 35".2 7
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aside, withdraw, or abrogate the approval by the City Council of City of this Agreement.
INMEMIT101r.-,i
5.1 $jfht to Assirm. 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, gam., 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 part of the Property. Owner agrees to
provide specific notice of this Agreement, including the record or document
number, where a true and correct copy of this Agreement may be obtained
from the Riverside County Recorder, in any grant deed or other document
purporting to transfer the title or an interest in the Property during the term of
this Agreement or any extension thereof.
(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
IOP -3393.2 g
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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 constituted 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 assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee, or assignee until and unless such agreement is executed.
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 AU 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 or purchaser 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
oxneroe5595.2 9
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its obligations hereunder.
' (e) The Owner has reimbursed City for any and all City ousts
associated with Owner's transfer of all or a portion of the Property.
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 'bulls') 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 ezccution 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 other ultimate user•, and
(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 Sub ,quem Assignment. Any subsequent sale, 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.
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,
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or other security device securing financing with respect to the Property. City aclmowledges
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 main; reimbursement payments to City within thirty (30) days or 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 dad 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, attached hereto and incorporated herein by this
reference, to the City in the manner specified herein for giving notices, shall be entitled to
receive written notification from City of any default by the Owner in the 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 F.xhiblt D, attached hereto and incorporated herein by this reference, requesting a
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copy of any notice of default given to the Owner tender the terms of this Agreement, City
shall endeavor to 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 cute period allowed such party
under this Agreement. City shall have no liability for damages or otherwise to Owner,
Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such
notice.
(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 lint of such
foreclosure, shall talo✓ 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. The term of the Agreement shall not be
extended based on the fact that a Mortgagee holds title to the Property for all or any part of
the term 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
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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.
7. Binding, 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 m accordance
with the provisions of and subject to the limitations of this Agreement.
understood and agreed by and between the parties hereto that the development of the Project
is a private development, that neither party is acting as the agent of the other in any respect
hereunder, and that each party is an independent contracting entity with respect to the terms,
covenants, and conditions contained in this Agreement. No partnership, joint venture, or
other association of any kind is formed by this Agreement. The only relationship between
City and Owner is that of a government entity regulating the development of private property
' and the owner of such property.
9. Chanees in Proiect. 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). City may expand the permitted uses for the
Property without amending this Agreement so long as Owner or Owner's successor retains
his/her/their existing entitlements.
oawl+ae35s3.2 13
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' time predict when, or at the tate 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 tater, absorption, completion and other similar factors.
Since the California Supreme Court held in Pardee Construction Co. v. M 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
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, 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. Inde oily and Cost of Litigation.
11.1 Hold Harmless. Owner agrees to and shall hold City, its officers,
employees, agents, and representatives harmless from liability for damage or claims for
damage for 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,
employee, agents, or other person acting on its behalf which relate to the Project. Owner
agrees to and shall indemnify, protect, defend, and hold harmless the City and its officers,
employees, agents, and representatives from actions for damages caused 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 This
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indemnification requirement shall extend beyond the termination or expiration of this
Agreement.
--11M.11741177,17 I i
seeks to challenge the right of City and Owner to eater into this Agreement or to terminate
Development Agreement No. 3, 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. S, City and Owner agree to cooperate and participate in a
joint defense in any action against the parties, their officers, employees, and agents, 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. 5. If
the County action is against all impacted developments for which the City has lowered the
otherwise applicable County fees, then 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 and which are included in such
legal challenge. If the County action is only against Owner with respect to this Agreement
or the amendment to County Development Agreement No. S, then Owner's defense costs
shall be one -hundred percent (100%) of the attorneys fees and costs for defense of the
litigation. Damages (including the difference in the amount of any Interim Public Facilities
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Fee and the amount of the County Development 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 Public Facilities Fees and/or County Development Agreement Foes to City
of which it is adjudicated ate lawfully the fiords 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 parry shall pay all
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 the amendment of Development Agreement No. 5, and a trial court
determines that the 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 rase may
be, and the County Development Agreement Fee which would otherwise have been imposed
pursuant to Development Agreement No. 5, 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. 5 — in excess of that due City under
Development Agreement No. 5. 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.
raFOM.s 16
11.4 ill;' 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, or such Iesser
amount as determined by the court. In the event this Agreement is held to be invalid or
unenforceable by a trial own of competent jurisdiction, the provisions set forth in Sections
12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of said
final judgment or ruling of invalidity, Owner shall them pay the County Development
Agreement Fee as provided in Section 4.2 of Development Agreement No. S, or such lesser
amount as determined by the court. All other provisions of this Agreement shall remain
valid and enforceable notwithstanding said ruling of invalidity.
' 11.5 Third_ Party JAfigafion Concerning Agreement. Owner shall indemnify
protect; defend, at its expense — including attorney's fees; and hold harmless City, its
officers, employees, or agents against any loss, cost, expense, claim, or counter -claim,
complaint, or proceeding 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.
oiANOE33931 17
1
11.6 EmdMamental Assurances. Owna shall indemnify, protect, defend
with counsel approved by (Sty, and hold harmless City, its officcs, employees, agents,
assigns, and any successor or successors to City's interest from and against all claims, actual
ages (mcludmg but not limited to spacial aad consequential damages), natural resources
mages, punitive mages, 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 costa incurred in connection with defending against any of the
foregoing or in enforcing this indemnity) of any ]rind whatsoever paid, incurred, or suffered
by, or asserted against, City 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
t 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 extends
beyond the term of this Agreement and 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 9667(e), and California Health and Safety Code Section
25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City
from liability.
11.7 Release. Except for nondamage remedies, including the remedy of
specific performance and judicial review as provided for in Sections 19, 20, and 21 hereof,
City, for itself, its successors and assignees, hereby releases the City, its officers, agents,
MMI
18
and employees from any and all claims, demands, actions, or suits of any ]rind or nature
arising out of any liability, (mown or unknown, present or future, including, but not limited
to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other
law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the
City because it entered into this Agreement or because of the terms of this Agreement.
11.8 Reservation of RiQht. With respect to Sections 11.1 to 11.7 herein,
City reserves the right to either (1) approve the allDmey(s) which Owner selects, hires, or
otherwise engages to defend City hereunder, which approval shall not be unreasonably
withheld, or (2) conduct its own deface, provided, however, that Owner shall reimburse
City forthwith for any and all reasonable expenses insured for such defense, including
attorney's fees, upon billing and accounting therefor.
11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall
survive the termination of this Agreement.
12.1 In=. The parties acknowledge and agree that this Agreement confers
private benefits on the Owner which should be balanced by commensurate public benefits.
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.
(a) In Lieu of the County Development Agreement Fee, RSA Fee
oaANa&3393.2 19
1
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 lbree-Thousand-Two-Hundred Dollars
($3,200.00) per dwelling unit. The Interim Public Facilities Fee shall be paid as provided in
Seton 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 -Two -Hundred Dollars
($3,200.00) per dwelling unit or such other public facilities fee as the City has then enacted
and applied to residential development projects in the City. Owner expressly acknowledges
the existence and holding in the case of Kaufman and Broad Central Valley. Inc. v. City of
Mme, (1994), 25 Cal.AppAth 1577, as it applies to lata adopted fees. Owner hereby
waives for himself, and for any successor thereto, the right to challenge the validity or
amount of any such other public facilities foes which are enacted and applied to residential
development projects in the City. Such waiver applies to the Project a$g the first five (5)
' years of this Agreement. Owner acknowledges and agrees that City would not have entered
into this Agreement if its application or operation would limit in any way the City's ability to
develop and apply a Comprehensive Public Facilities Fee Program to this Project following
the first five (5) years of the term of this Agreement. Owner further acknowledges and
agrees that the waiver provided herein applies not only to this Agreement, but to any rights
Owner may have under any vesting map filed and deemed complete under the vesting maps
statutes, Government Code Section 66498.1 a,=. Finally, Owner agrees that the institution
of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or
application of any public facilities fee after the first five (5) years of this Agreement,
including paying such fees "under protect' pursuant to Government Code Section 66020.a
nc3MI 20
M., shall constitute a material breach and default under this Agreement entitling the City to
' summary termination thereof.
(b) Owner shall also pay all other customary and typical
development executions, 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 -Rai Fees pursuant to the provisions of City ordinances and
resolutions in the existence when paid.
12.3 liming. 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 fast
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 paid by the Owner for the model home units in surplus to those fees contained
herein shall be credited to Owner.
fees set forth below have not ben paid prior to the execution of this Agreement by both
parties, the Stevens Kangaroo Rat, library, fire, drainage, and traffic signal mitigation fees
remain applicable to the Project. In the event City establishes a permanent public facility fee
program which is specifically designed to include one or more of the fees listed above,
Owner, or Owner's successor, shall not be obligated to pay such fee or applicable part
thereof more than once.
onnraersmz 21
12.5 Public Works. If Owner is requited by this Agreement, or any other
obligation, to construct any public works facilities which will be dedicated to City or any
other public agency upon completion, and if required by applicable laws to do so, Owner
shall perform such work in the same manner and subject to the same requirements as would
be applicable to City or such other public agency should it have undertaken such
construction.
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.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, 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,
V&3M.2
VA
Bectrical Code, and Fite Code.
I(e) Regulations which are 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.
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.
I V \ _ \ ✓. \ \ 1 \ 71.-11 'V I r - G 7- y Y
State or Federal laws or regulations enacted after the Effective Date of this Agreement
prevent 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.
ORANM3593.2 23
1
13.4 Rem,tation by Other Public A=Cia. It is acknowledged by the
' parties that other public agencies not within the control of City possess authogity 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.
.�Y.1 , ql 1 'j, 1 L1 1777 Mr,, 1 r r r
66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s)
(vested or regular) approved as a part of implementing the Development Plan shall be
extended to expire at the end of the term of this Agreement.
13.6 Vesting Tentative Maus. If any tentative or final subdivision map, or
tentative or final parol map, heretofore or hereafter approved in connection with the
development of the Property, is a vesting map under the Subdivision Map Act (Government
Code Section 66410, et sQ.) and Riverside County Ordinance No. 460, as the same were
Iincorporated 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, thea 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 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.
TW --3M.2
24
�.y� �:q 1�•1 11 11 SPI S�13� -TY 1' ylll 1 � ��� �/ '.�1� ql 11 tl
14.1 Rights to Devet_oo. 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 extant 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 sin of proposed buildings, and provisions for reservation and
dedication of land for public purposes shall be those set forth in the Development Plan. In
exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives
for himself and for any successor thereto, the tight to challenge or contest the validity of any
condition of approval attached to any entitlement which is a part of the Development Plan.
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
ORANOE3593.2 25
1
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 Applovals, 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 ChangcA and Amodm=. The parties aclmowledge that refinement
and further development of the Project will require Subsequent Development Approvals and
may demonstrate that changes are appropriate and mutually desirable in the Existing
Development Approvals. In the event the Owner fords 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 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 — without regard to the outcome of the request for amendment or
change to this Agreement. 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, except as provided
in Section 9 hereof; or,
rae3593.2 26
1
' (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.
14.4 Minimum Unit Size. Owner agrees that the units to be constructed on
the Property shall be a minimum of one thousand (1,000) square feet in size.
agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be
terminated and of no further force or effect as to this Project only, having been replaced by
this Agreement.
' 15. Periodic Review of ComnLia= with A=men.
(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.
(b) During each periodic review by City, the Owner is required to
demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to
furnish such evidence of good faith compliance as City in the exercise of its discretion may
require.
owv+ae M.z 27
u
16. MwndnLDj9fLM 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 small be
construed as requiring City or City Council to form such a district or to issue or sell bonds.
II 11 1 1111 1) 1':IMM-1117—
I1 1 1
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 — without regard to City's action on such amendment.
18. Enforcemen . 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 Hiles, regulations, or policies governing permitted uses of the land, density,
design, improvement, and construction standards and specifications.
' 91 1 _•��t rl�!��1.11 -� 1•. Cr. }i t"1".�Ll- 111.1 =M
IT
happening of one or more of the following events or conditions:
(a) If a warranty, representation, or statement made or furnished by Owner to
GEM.z 28
City is false or proves to have been false in any material respect when it was made;
(b) More than forty-five (45) days have passed since City's malting of a
written request to Owner for payment or reimbursement for a fee or service authorized or
agreed to pursuant to this Agreement.
(c) 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.
(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 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. juges Union Termination. It is acknowledged by the parties that City
would not have entered into this Agreement if it were to be liable in damages tender or with
oRAMPOS".2 29
respect to this Agreement or the application thereof. Owner, for himself or any successor
thereto, expressly waives the right to seek damages against the City or any officer,
employee, or agent thereof, for any default or breach of this Agreement.
In general, each of the parties hecto 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, shall 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.
22. Army's 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 foes and court costs.
23. kWUM. 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
Attn: City Clerk
With A copy to: Peter M. Thorson, Esq.
City Attorney
Burke, Williams & Sorensen
611 W. Sixth Street, Suite 2500
Los Angeles, CA 90017
+ae3595.2 30
1
Notices required to be given to Owner shall be addressed as follows:
' To Owner. Van Daele Venture 79, Ltd. Care of:
Van Dade Development Corporation
2900 Adams Street, Suite C-25
Riverside, CA 92504
Attention: Brice Kittle
With A copy to:
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. . City agrees that it shall accept for processing and promptly take
action on all applications, provided they are in a proper from 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
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.
(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.
owAnaeM.2 31
1
(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 Agreement. 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. Coun . 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.
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.
4ced593l 32
IN WI1r M WHMWF this Agreement has been executed by the authorized
representatives of the parties hereto.
.city.
City of Temecula
By:
Jeffrey E. Stone, Mayor
Attest:
June S. Greek, City Clerk
Approved as to form:
IPeter M. Thorson, City Attorney
ox mwe35".a 33
.()Vvm.
' van Daele venture 79, Ltd.,
A California Limited Partnership
Van Daele Development Corporation,
General Partner
By: % QW vl-n
Patrick J. Van Daele
(typed name)
its PTPQidPnt
(title)
By: v
Patrick J. Van Daele
(*Tied tee)
itS Secretary
(title)
[Notary Required]
4CW-35".1 34
in M 03 1 1:
State of California
County of Riverside
on June 19 1 1"5, before nus Barbara 0. Hoenig personally
appeared Patrick J. Van Daele
[4 personally ]mown to me -OR-
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
LI/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(iea), 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.
BARBARA O WOENIG
COSAt �. #963313
(p a NoRmic
NEN40E COro
Y
f0 My commission E.pkes
ApeA S. 19%
SIGNATURE OF NOTARY
CAPACITY CLkIMED
BY SIGNER
[ ]
INDIVIDUAL(S)
14
OFFICER(S) (TPCL.S[S]):
President and Secretary
[)
PARTNER(S)
[ ]
ATTORNEY-IN-FACT
[ ]
TRUSTEE(S)
[)
SUBSCRIBING WITNESS
[ ]
GUARDIAN/CONSERVATOR
[)
OTHER:
_
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies):
I
oRmap--3 97s
tM
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of )
On , 1995, before me, —
appeared
ply
[ ] personally lmown to me -OR-
proved
OR-
pro ed to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and aclmowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
sigaahn*s) on the instrument the person(s), or the entity upon behalf of which the
Persons) acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
CAPACITY CLAIMED
BY SIGNER
[ ] INDIIVIDUAL.(S)
[ ] OFFICER(S) (ITTL.E[S]):
[ ] PARTNER(S)
[ ] ATTORNEY-IN-FACT
[ ] TRUSTEE(S)
[J SUBSCRIBING WITNESS
[ ] GUARDIAN/CONSERVATOR
L] OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies):
I
O➢AMP-3M.1
36
DCEI[ : r
EXLSTING DEVELOPMENTAPPROVALS
-i�yr y:i �� _� � •: � .,via.
SMI& Plan - State Subdivision Map Act No. 460, Specific Plan
No. 199 (Margarita Village), Ordinance No. 348.
Land Divisions - Tentative Tract 22716
Final Tract Map No. 22716, 22716-2, 22716-4
Proposed Parcel Map 28122
IORANOE3593.2
EXISTING LAND USE REGULATIONS
General Plan Land Use designation is Low -Medium Density Residential.
roRAML-35".2
LEGAL DESCRIPTION
Tract 22716, Lots 1-11
Tract 22710-2, Lots 1-13, 17-31
Tract 22716-4, Lots 1-40
Parcel Map 28122, Lots 1, 2, 3 provided such Parcel Map is approved.
ORANM-3M.2
REQUEST FOR • N OF DEFAULT UNDER DEVELOPMENT AGR717 1:1
�L -l'(�1 lalu JI . vl..'!u1-r •r I
II !hllll�l I,1 y:�r: Ju !I
l •.-ll..lY url `y-.dll w
J 1 1 I: IP ✓ 1 lil \ l
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:
(Mortgagee)
' (Person/Department)
(Address)
(City/swamp)
(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 lenal coasetruences for the City.
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 wan -ants and
represents that the entity he/she 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.
�ae�oos.l
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The undersigned declares the above information is true and correct under the penalty
' of perjury under the laws of the State of California.
Dated: _, 1995.
MORTGAGEE
By:
(turn)
(printed name)
Its•
(title)
[Nom 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, CA 92590 or such other location as
Temecula City Hall may be located in the future.
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