HomeMy WebLinkAboutOrd. No. 1990-880ORDINANCE NO. 3B~
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAI~ ELSINORE
APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGR~EMENT
FOR THE TUSCANY HILLS DEVELOPMENT AND
MA~NG CERTAIN FINDINGS WITH RESPECT THERETO
WHEREAS, the City Council of the City of Lake Elsinore
(the "City") has previously certified an environmental impact
report No. SCH 79082906 (the "EIR") with respect to the Tuscany
Hills Development (the "Project"); and
WIiEREAS, Homestead Land Development Corporation (the
"Developer~~), as developer of the Project, subsequently entered
into consultation with the United States Fish and Wildlife
Service regarding a Conservation Plan for Stephens' Kangaroo
Rat habitat, to be implemented by a Conservation Agreement
among the City, the Developer, and the United States Fish and
Wildlife Service (the "Conservation Agreement"~ and an
Agreement and Declaration of Covenants, Conditions and
Restrictions on Use ("Declaration of Covenants"); and
WHEREAS, the City has caused an Addendum to the EIR to
be prepared which addresses the technical changes to the
- Project associated with the execution, delivery and performance
of the Conservation Agreement and Declaration of Covenants, and
which addresses the technical changes to the Project associated
with the conversion of the Project from a mixed single- and
multi-family development to a single-family 3evelopment; and
WHEREAS, the Planning Commission has previously
reviewed the EIR and the Addendum and has recommended that the
City Council (1) certify that the Addendum has been prepared in
accordance with the xequirements of the California
Environmental Quality Act and the City's CEQA guidelines;
(2) approve the Specific Plan for the Project, (3) approve the
Conservation Agreement and the Declaration of Covenants and
(4) approve amendments to the 1980 Development Agreement for
the Project; and
WHEREAS, the City Council has reviewed the EIR and the
Addendum thereto, each prepared in accordance with the
California Environmental Quality Act, and has considered the
information contained therein and in the otheT documents
referred to therein; and
WHEREAS, the City Council has certified the Addendum
to the EIR and has made the findings required by Section
15091(a) of the State CEQA Guidelines, attached to Ordinance
No. , as Attachment A; and
WHEREAS, the City Council is contemporaneously
approving the Specific Plan, the Conservation Agreement and the
Declaration of Covenants relating to the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES ORDAIN THAT:
.. .
~, w: _
Section 1: Upon the recommendation of the Planning
Commission and based upon the findings adopted previously by
the City Council with regard to the approval of the Project,
attached to Ordinance No. 879 as Attachment A, the City
Council hereby: (1) determines that (a) it is in the best
interest of the City to enter into the Amended and Restated
1980 Development Agreement (the "Development Agreement") in the
form attached hereto as Exhibit A, (b) the provisions of the
Development Agreement are consistent with the City~s General
Ylan and (c) the provisions of the Development Agreement are
consistent with the Specific Plan proposed by the Developer and
approved by the City Council by Ordinance No. 879 ; and
(2) approves the Development Agreement and directs the [Mayor]
to execute and deliver the Development Agreement on behalf of
the City.
Section 2: This Ordinance shall take effect thirty
- (30) days after the date of its passage, The City Clerk shall
certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by
law.
PASSED UPON fIRST READIN~ this 9th day of January, 1990 upon the
followin9 roll call vote:
AYES: COUNCILP1EP16ERS: BUCK, DOMINf;UEZ, STARKEY, WASHBURN, !dINKLER
NOES: COUNCILMEMBER~: NONE
ABSENT: COUNCILMEP16ERS: NOME
ABSTAIN: COUNCILMEP96ERS: NONE
PASSED, APPROVED AND ADOPTED this 23rd day of January, 1990, unon
the following roll call vote:
AYES: COUNCILMEMBERS: gI1CK, DO^1IPl~UEZ, STARKEY, !~1ASHRIiRN, !~iI~~KLFR
NOES: COUNCILMEMBERS: N~~IE
ABSENT: COUNCILMEMBERS: PlONE
ABSTAIfd: COUNCILMEP4BERS: PJONE
~
JIP1 WINKLER, MAYOR
CITY Of LAKE ELSINORE
ES1:
~ - -
ICK ` YNNE AD, C TY CL
CITY OF LAKE SINORE
APPROVED AS
FORM & LE.r,ALITY:
. ,., ,. „
CITY Of LAKE EL
STATE OF CALIFORNIA )
£OUNTY OF RIVERSIDE ) SS:
EITY OF ~KE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
on January 9, 1990, and had its second reading on January 23, 1990
and was passed by the following.vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
1NE SAD, CITY CLERK '
C~TY OF LAK ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NONE
NONE
NONE
I, Vicki Lynne Kasad, City Clerk oP the City of Lake Elsinore,
DO AEREBY CERTIFY that the above and foregoinq is a full, true and
correct copy of Ordinance No. 880 of said Council, and that the
same has not been amended or repealed.
. January 24, 1990
~ ~~~~o~
~~~ ~^ i~lA'",~,-'" - `
ICKI LYNN KASAD, CI`SY CLERK
CITY OF T~A:E ELSINORE
(SEAL)
~ ,~~ ~_~.s~. ~.~~~~u .o~ zw_, . ~ ~. . ~ ..
,
~
4
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF LAI(E ELSINORE
AND
HOMESTEAD LAND DEVELOPMENT CORPORATION
FOR TUSCANY HILLS DEVELOPMENT
119MSDEV
11/28/89 ~
~,~~~~z ~..~>*.,. F.~ ~ •?, .._z~, , • .:; ., _: :,.,,... _.
~, ~ ~~ ~_M .~.. .<.~, .. _, ~~
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF LAKE ELSINORE
AND HOMESTEAD j~AND DEVELOPMENT CORPORATION
FOR TUSCANY HILLS DEVELOPMENT
1• PARTIES AND DATE
The parties to this Development Agreement (~~Agreement") are
the City of Lake Elsinore, California, a municipal corporation and
political subdivision of the State of California ('~City~~), and
Homestead Land Development Corporation, a California corporation
("Developer^). The project to which this Agreement applies is
commonly known as Tuscany Hills. This Agreement is made and
entered into on
2. RECITAIS
2.1 On May 29, 1980, City and Developer's predecessor
executed an agreement entitled °Development Agreement~~ pursuant to
Government Code Sections 65864, et seq., City of Lake Elsinore
Ordinance No. 602, and City of Lake Elsinore Resolution No. 80-13,
which Agreement concerned the real property then located in the
unincorporated area of the County of Riverside, and which is now
located in the city limits of the City of Lake Elsinore, County of
119MSDEV _1_
11/28/89
.. ~'~~~'~ ~z~ w ~ ~'~a'~~. ; „ ~s ~ ~~ ,
.. < ......_ ~: -. _ -
~~ Riverside, and which is more particularly described in the
attached Exhibit "A", and which Agreement was recorded on October
7, 1982, in the Official Records of Riverside County, at Book
1982, Page 173696.
2.2 On or about December,,1982, for the mutual benefit of
the parties, an amendment to the aforementioned Development
Agreement was prepared, but not.formally adopted by the parties.
2-3 The parties now wish to completely amend and supercede
by this Agreement the Development Agreement and any and all
amendments thereto.
2•4 Leaal ~uihority. California Government Code Section
65864 et ses. authorize City to enter into development agreements
in connection with the development of real property with City.
This Agreement is made and entered into pursuant to those
provisions of state law.
2.5 Consistencv findina. By approving and executing this
Agreement, the City Council finds that its provisions are
consistent with City's General Plan, Tuscany Hills Specific Plan,
and all other applicable Existing Land Use Ordinances of City.
2.6 Status of ~roiect. Since May, 1980, various property
owners and developers have been in the process of planning,
financing and preparing for the Development commo~ly known as
Tuscany Hills, a large scale mixed use phased Development of some
2,000 dwellings on 973 acres in the City of Lake Elsinore more
119MSDEV _Z_
11/28/g9
w'i~~`~~ ' ~:ut~t.,.,.s:r.,ut'+~~nz.t~.,~ ~ ..r..Y:.;.i::~;;~_ . .. .:.:. .. . ... .. . . .
___ ___ _ __
,".
,.
particularly described in City of Iake Elsinore Tuscany Hills
Specific Plan and City of Lake Elsinore Tuscany Hills EIR.
Additional land uses include schools, open space and recreational
uses, including one 35-acre park. Constructing the Tuscany Hills
project pursuant to City~s approved specific plan and providing
the mitigation set forth in .the Tuscany Hills EIR will require
major investment by Developer in public facilities and on-site and
off-site improvements. The Development has b'een analyzed and
reviewed by City as part of its process of granting development
approvals in light of the enacted land use standards an.cl policies
of City embodied in its Existing Land Use Ordinances and pursuant
to state law, including but not limited to CEQA.
2-7 Consideration. City has determined that entry into this
Agreement will further the goals and objectives of City's land use
planning policies by eliminating uncertainty in planning for the
orderly Development of the Project so that adequate long term
plans regarding the provision of necessary infrastructure for
existing and future City residents can be developed and
implemented. Further, the maximum effective utilization of
resources with City will be pursued at the least economic cost to
its citizens. City acknowledges that the Project is and shall be
considared a single, integrated development project, that each
phase of the Project is dependent upon the completion and
119MSDEV _3_
11/28/89 '
f.9?+' F ~'~ ' ~~ }.-:yY . . .
~~r5cii~~! .,.7'~.. ~. ~~ ~ ,::..~ . . <'?.. , ,. ': ' . ... . . ~ .
" occupancy of each other phase, and that the viability of each
phase of the Project is and shall be dependent upon the completion
and occupancy of each other phase and the full performance of this
Agreement. The benefits conferred by Developer herein will
facilitate the installation of certain vital public improvements
and will help increase traffic capacity for the road system of
City, both of which will significantly promote the health, safety
and general welfare of existing and future City residents. In
exchange for these benefits to City and its residents, Developer
wishes to receive the assurances permitted by state law that
Developer may proceed to develop the Project in accordance with
Existing I,and Use Ordinances, and its existing financial and
contractual commitments, and at a rate of development of its
choosing, subject to the terms and conditions contained in this
Agreement. The assurances provided by City and Developer to each
other herein and provided pursuant to and as contemplated by
statute, bargained and in consideration for the undertakings of
the parties, and are intended to be and have been relied upon by
the parties to their detriment.
City and Developer agree that the following amenities and
improvements being provided by Developer and others as part of the
planning, financing and construction of the project will result in
substantial general public benefit. The following is a general
description o£ those amenities and improvements. The specific
requirements are set forth in the Tuscany Hills Specific Plan
119MSDEV _4_
11/28/89
y~. . . V:d'M+~i+'.&-_i.£ ~. . . . r,,.-. .. . . . ..
.
~ a. As part of the Development of the Tuscany Hills
project, Developer and others will provide in excess of
acres of permanent passive open space, which shall include any
portion of any parcel of real property on which a structure has
not been constructed, said open space, '"
excepting that portion dedicated to the City for park and
recreation purposes, to be watered and maintained by an
assoc3ation of owners or entities other than City.
b. At the option of City, Developer shall dedicate a
minimum of thirty-five (35) acres to be located in the
southeasterly corner of said site and to be open to public use; or
at the option of City, to pay park fees assessed by the City in
lieu of said dedication; providing further, that an additional
five (5) acres will be dedicated for park and recreation purposes
if not required for on site sewer treatment plant.
c. Developer shall offer to dedicate a suitable site to the
Elsinore Unified School District for school purposes upon terms
and conditions agreed upon between Developer and District, said
dedication not to exceed eleven (11) acres; provided further, that
said terms and conditions provide for two (2) regulation Little
League baseball diamonds.
119MSDEV _g_
11/28/8g
~ _>e'?°&~1'3YM3 ~sMt4:Y..ri+Esrse,.zSZ.?tv.5xk:'~ .., „ et«.d.all:'~t> . . .:.:. .... . ~ . . . . .. .. .
d. Developer shall acquire right-of-way if necessary,
dedicate to the City an improved said right-of-way as a motor
vehicle access from the south end of Developer's property
connecting with the Railroad Canyon Road.
e. Developer shall provide a recreation center for the
owners of living units and their guests and as part of the total
design and scheme of development on said nine hundred
seventy-three (973) acre site, the sole cost of improvement to be
borne by Developer, and the maintenance to be borne by the
homeowners~ association.
f. Developer shall offer to dedicate to the City one (1)
acre for a future fire station site and shall provide a triple A
pumper or other equipment in the event the Riverside County Fire
Department, now serving the City by contract, so requires
Developer, upon the express condition that if and when City
organizes and puts into operation a City fire department, said
pumper and other equipment, if supplied by Developer, shall be
forthwith transferred physically and by title to City.
The consideration to Developer for the provision of these
special amenities is the consummation o£ this Agreement by City.
In consideration for City~s entering into this Agreement and
the uses permitted herein, Developer agrees that it will comply
with all the conditions oP approval during the time this Agreement
is in full force and effect. The parties acknowledge that this
119MSDEV
11/28/89
-6-
'6h4.~J+SNSnY-PM~QY{FN ~,P .S ]ST .~` i• .N?~,*4~~`'.fFfSe .... ...:...
~ ~e.r..~.r.,., u..._ ..... . ..... ...~ .,..,_ .. ...
Agreement by City is a material consideration for Developer's
acceptance of the conditions of approval as specifically set forth
herein.
3. DEFINITIONS
3.1 °Agreement^ means this Development Agreement made and
entered into by and between the City of Lake Elsinore and
Homestead Land Development Corporation in accordance with
applicable state law and local regulations.
3.2 °CEQA^ means the California Environmental Quality Act of
1970 (California Public Resources Code Section 21000 et sea.) and
the State CE4A Guidelines (California Code of regulations, Title
14, Section 15000 et seg.).
3.3 ~City'~ means the City of Lake Elsinore, including its
officials, officers, employees, commissions, committees and
boards.
3.4 "City Council° means the duly elected City Council of
the City of Lake Elsinore.
3.5 nDeveloper„ means Homestead Land Development
Corporation, and its successors in interest to all or any part of
the Property.
3.6 ^Development" means the improvement of the Property for
the purposes of constructing and otherwise effecting the
structures, improvements and facilities comprising the Project as
set forth in this Agreement, including but not limited to grading,
the construction o£ infrastructure and public facilities related
119MSDEV _~_
11/28/89
i ~e~.F`x~a?t+.d~r'F4~ ~ n.. }ri_ L1k3'~?6,e wH ~ , r.t.w"~e`:.r'ssti .?.s. . . . . . ~ ., . . . .. ..-. .
to the Project (whether located within or outside the Property),
the construction of structures and buildings and the installation
of landscaping.
3.7 "Development Approval(s)~~ means the Tuscany Hills
Specific Plan, as in effect on .the date of this Agreement.
3•8 °Effective Date~~ means the date this Agreement is
recorded with the Riverside County Recorder.
3.9 ^EIR^ means an environmental impact report prepared in
accordance with the provisions of CEQA.
3.10 "Existing Development Approvals" means the Tuscany Hills
Specific Plan as in effect on the date of this :lgreement.
3.11 "Existing Land Use ordinances° means the Specific Plan,
as in effect on the date of this Agreement, and, to the extent -
applicable and not inconsistent with the Specific Plan, the City's
rules, regulations, official policies, taxes and fee programs,
including, without limitation, the City's general plan and zoning,
subdivision, and building regulations, whether adopted by the City
Council or by the voters in an initiative, in effect as of the
date of this Agreement.
3.12 ^LAFCO^ means the Riverside County Local Agency
Eormation Commission.
3.13 "Project" means the development project, as set forth in
the Tuscany Hills Specific Plan, as in eE£ect on the date of this
Agreement.
3.14 ^Property" means the real property wl~ich is the subject
of this Agreement and de~cribed in Section 4 below.
3.15 "Specific Plan" means the Specific Plan for the Project.
119MSDEV _g_
11/28/89
~ > ""~ '~a+~'~'' ~ =~a~.~:~.._..w~ .~ . -.~ ._.. ~.,~~.wi'~a.~..~,.. _ _, r_ .. . . . . . . . . . .. . . .. . . ... _ . ~. _ . . . . .
---_ _____._
\
I
,
4. PROPERTY COVERED
The property covered by this Agreement is described as
Exhibit °A^ attached hereto and incorporated herein by this
reference.
5. INTEREST OF CON'fRp,CTING PARTY
Developer has the following legal interest in the real
property subject to this Agreement and described above in Section
4: Aomestead Land Development Corporation has a legal and
equitable interest in the Property consisting of fee simple title.
6. DIIF2ATION OF AGREEMENT
6.1 Schedulinu. Pursuant to Government Code Section
65865.2, the duration of this Agreement shall be for ten (10)
calendar years from and after the date of execution of this
agreement. Construction of the Project covered by this Agreement~
will be undertaken following receipt of requisite Development
Approvals from City. City and Developer acknowledge that
Developer cannot at this time accurately predict the time schedule
within which the Project will be developed, except that it will be
completed within the aforesaid ten (10) year period. Such
decisions with respect to the rate of Development of the Project
will depend upon a number of circumstances not within the control
of Developer, including market factors, demand, the state of the
economy, and other matters. Therefore, so long as the Project is
constructed in a manner consistent with City~s Existing Land Use
Ordinances as at the date of this Agreement and the Tuscany Hills
Specific Plan an3 this Agreement, Beveloper shall have the right
to construct the Project at'the rate and in the sequence deemed
appropriate by Developer within the exercise of its sound business
119MSDEV -g_
11/28/89
~~'~.~~+~~~r.s~_. ~x~.~~~ _.<~a° ...
_ __ ' - ~_ _ _ _. _ _-,
judgment. It is Developer~s present reasonable expectation the
Development of the Project will be completed within the term of
this Agreement. For purposes of this Agreement, completion of the
Project shall mean the date on which a certificate of occupancy or
comparable instrument is issued for the last improvement or
structure constructed pursuant to this Agreement. Following the
expiration of the aforesaid ten (10) year term, this Agreement
shall be deemed terminated and of no further force and effect.
6•2 Periodic review. City shall, in accordance with
applicable state law, review this Agreement at least once every
twelve (12) months from and aiter the Effective Date hereof.
During each such periodic review, City and Developer shall have
the duty to demonstrate their good faith compliance with the terms
and conditions of this Agreement. Both parties agree to furnish
such evidence of good faith compliance as may be reasonably
necessary or required. City~s failure to review at least annually
Developer's compliance with this Agreement shall not constitute or
be asserted by either party as a breach of the other party.
6.3 Certification of completion. Promptly upon completion
of the Project, Developer will submit a draft letter of completion
for City review. Upon review, City shall provide Developer with a
letter of completion so certifying. This certification shall be a
conclusive determination that the obligation of Developer under
this Agreement has been met. The certification shall be in such
form as will enable it to be recorded in the Official Records of
Riverside County, California.
119MSDEV -10-
11/28/g9
G~...u...si:n,~..5c.,~.:~a.,.:::n;um,,..w.GS.s:oaE:'.a........~ wr,:Y~,...~_ ,. ,.,,_.. ..... . . .. ~
7.. VESTED RIGHT
By entering into this Agreement and relying thereon,
Developer is obtaining a vested right to proceed with the Project
in accordance with the Development Plan, but subject to any
remaining discretionary approvals required in order to complete
the Project as contemplated by the Development Plan (which
discretion shall be exercised reasonably and in accordance with
the the terms of this Agreement). By entering into this Agreement
and relying thereupon, City is securing certain public benefits
which help to alleviate potential problems in City and enhance the
public health, safety and welfare.
following:
City therefore agrees to the
7.1 No conflictina enactments Neither the City Council of
City nor any other agency of City shall enact an ordinance,
policy, rule, regulation or other measure applicable to the
Project which relates to the rate, timing or sequenting of the
development or construction.of all or any apart of the Project or
which is otherwise in conflict with this Agreement.
7.2 Intent of narties In addition to and not in limitation
of the foregoing, it is the intent of Developer and City that no
moratorium or other limitation (whether relating to the rate,
timing or sequencing of the development or construction of all or
any part of the Project and whether or not enacted by initiative
or otherwise effecting parcel or subdivision maps, building
119MSDEV
11/28/89
-11-
,.....u ..... , 3,,. ~::'~a v KVI.WA~t, :i.~.na .~ .. . . .,e :... _ . . . . . . . . .
..
permits, site development permits, special use permits, occupancy
certificates or other entitlements to use approved, issued or
granted within City, or portions of City, shall apply to the
Project to the extent such moratorium or other limitation is in
conflict with this Agreement. Notwithstanding the foregoing,
should an ordinance, general plan or zoning amendment, measure,
moratorium, policy, rule regulation or other limitation enacted by
citizens of City thorough the initiative process be determined by
a court of competent jurisdiction to invalidate or prevail over
all or any part of this Agreement, Developer shall have no
recou:cse against City pursuant to this Agreement, but shall retain
all other rights, claims and causes of action at law or in equity
which Developer may have independent of this Agreement. The -
foregoing shall not be deemed to limit the Developers right to
appeal any such determination of such ordinance, general plan or
zoning amendment, measure, ploy, rule, regulation, moratorium or
other limitation which purports to invalidate or prevail over all
or any part of this Agreement. City and Developer agree to
cooperate in all reasonable manners in order to keep this
Agreement in full force and effect.
8. GENERAL DEVELOPMENT OF THE PROJECT
8.1 Proiect. While this Agreement is in effect, Developer
shall have a vested right to develop the Project in accordance
with the terms and conditions of this Agreement, and in accordance
with, and to the extent of the Development Approvals, but subject
119MSDEV _12_
11/28/89
s -te~,.s N,.w::~~i .x..,~:,~,.::;:: .~.,..~,~~~: . .. . ~. _ ~ . . .
to any remaining discretionary approvals required in order to
complete the Project as contemplated by the Development Approvals
(which discretion shall be exercised reasonably and in accordance
with the terms of this Agreement) and City shall have the right to
control the development of the Project in accordance with the
terms and conditions of this Agreement. Except as otherwise
specified in this Agreement, the Development Approvals shall
control the overall design, development and construction of the
Project and all on-site and off-site improvements and
appurtenances in connection herewith, including, without
li~itation, all mitigation measures requireri in order to minimize
or eliminate material adverse environmental impacts caused by the
Project. The permitted uses of the Property, the density and
intensity of use, the maximum height and size of proposed
buildings, the provisions for reservation and dedication of land
for public purposes and other terms and conditions of development
applicable to the Property shall be those set forth in this
Agreement.
8.2 Effect_of aareement on land use reaulations. 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 are those rules,
regulations and official policies in force as of the Agreement
119MSDEV -13-
11/28/g9
~ ~~'w`.~. '~'"~±~'``Y~.'< `~1'~4d~~ ~f ~--..:~~„;sz . <. . , . .... . ... . . . ..
Date as set £orth in the Tuscany Hills Specific Plan. In
connection with any approval which City is permitted or has the
right to make under this Agreement relating to the Project,or
otherwise under the existing land use ordinances, City shall
exercise its discretion or take action in a manner which is as
expeditious as possible and which complies and is consistent with
the Development Plan and the standards, terms and conditions
contained in this Agreement, and in a manner which will not
interfere with the development of the a project for these uses and
to the height, density and intensity specified in this Agreement
or with the rate of development selected by Developer. City shall
accept for processing and normal timely review and act on all
applications £or further land use entitlement approvals with
respect to the project called for or required under this
Agreement. Such application shall be processed in the normal
manner for processing such matters.
8.3 Administrative chanaes and amendments. The parties
acknowledge that refinements and further development of the
Project may demonstrate that changes are appropriate with respect
to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of
flexibility with respect to the details of the Project development
and with respect to those items covered in general terms under
this Agreement. If and when the parties find that changes or
adjustments are necessary or appropriate, they shall, unless
119MSDEV
11/28/89
-14-
~.~ ~.~„~~ ~~~' r
~.~:;~~~: ~.e..u~ ... _ . _ . _ .
". otherwise required by law, effectuate such changes or adjustments
through administrative amendments approved by the City Director of
Planning and Community Development, which, after execution, shall
be attached hereto as an addenda and become a part hereof, and may
be further changed and amended from time to time as necessary,
with approval by City and Developer. Any such administrative
changes or amendments shall not be deemed to be an amendment to
this Agreement under Government Code Section 65868. Unless
otherwise required by law, no such administrative amendments shall
require prior notice or hearing. Notwithstanding the
foregoing,the £ollowing matters shall not be considered
administrative changes or amendments, but shall be considered
substantive amendments which shall be reviewed by the Planning
Commission and approved by the City Council:
(a) Alteration of the permitted uses of the Property;
(b) Increase in the density or intensity of use or
number of lots;
(c) Increase in the maximum height and size in
permitted buildings;
(d) Deletion of a requirement for the reservation or
dedication of land for public purposes except for minor boundary
adjustments approved by the Planning Director; and
(e) Any amendment or change requiring a subsequent or
supplemental Environmental Impact Report pursuant to Public
Resources Code Section 21366.
119MSDEV
11/28/89
-15-
1«~~.~e..x'G'-' ......s?ou.a2~.rS.n westia}a~han;FS . ~.~H v _ .. .. . ~
9.1 New rules. This Agreement shall not prevent City from
applying the following new rules, regulations and policies:
(a) Processing fees and charges imposed by City to
cover the estimated actual costs to City of processing
applications for development approvals, for monitoring compliance
with any development approvals, or for monitoring compliance with
environmental impact mitigation measures.
(b) Procedural regulations relating to hearing bodies,
petitions, applications, notices, findings, records, hearin~s,
reports, recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction standards and
specifications including, without limitation, the City's Building
Code, Plumbing Code, Mechanical Code, Electrical Code and Fire
Code provided that such construction standards and specifications
are applied on a City-wide basis.
(d) Regulations which are not in conflict with the
Development Approvals or this Agreement.
(e) Requlations which are in conflict with the
Development Approvals or this Agreement if such regulations have
been consented to in writing to by Developer.
9.2 SubseQUent actions and apnrovals. In accordance with
Government Code Section 65866, this Agreement shall not prevent
City in subsequent actions applicable to tY,e Property from
119MSDEV
11/28/89
-16-
.3r~r~§'e~uS~ ~v~+aYN~~i'A+~.~'e~nn^~.Wi ~ s__h2a~f.- -. . ~ ~.. .
~^_
applying new rules, regulations and policies which do not conflict
with those existing rules, regulations and policies set forth in
the Development Approvals, nor shall this Agreement prevent City
from denying or conditionally approving any subsequent development
project application on the basis of such existing or new rules,
regulations or policies.
9.3 State and federal laws. In the event that State or
Federal laws or regulations, enacted after this Agreement is
executed, prevent or preclude compliance with one or more of the
provisiona 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 £ull 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.
10. COOPERATION AND COVENANT OF FURTHER ASSURANCES
10.1 Third nartv actions. Developer and City shall cooperate
in defending any action or proceeding instituted by any third
party challenging the validity of any provision of this Agreement
or any action taken or decision made hereunder. In addition, any
court action or proceeding brought by any third party to challenge
this Agreement or any other p~rmit or approval required from City
or any other governmental entity for Development or construction
of all or any portion of the Project covered by this Agreement
119MSDEV
11/28/89
-17-
- -';~r~`~t~ x,~r~.~~,~._~ _._
" shall constitute a permitted delay under Section 12. ~~~^
Notwithstanding the foregoing, the filing of any third party '`~
litigatioa against City and/or Developer relating to this `
,,
greement or any provision thereof shall not be a reason to delay
or stop the Development, processing or construction of the Project -
(including but not limited to the issuance of building permits or 3
certificates of occupancy) unless the third party obtains a court
order preventing the activity. City will not stipulate to the
issuance of any such court order. -
10.2 Further assurances. Each party covenants on behalf of
itself aiZd its successors and assicns to take all actions and do
all things, and to execute with acknowledgments or affidavits if ~
required any and all documents and writings that may be necessary.,,,
or proper to achieve the purposes and objective of this ~
Agreement. Each party shall take all necessary measures to see ~
that the provisions of this Agreement are carried out in full. ~
10.3 ProcessinQ. If necessa or re t
='Y quired, upon satisfactory
completion by Developer of all required preliminary actions and t
payments of appropriate filing and processing fees, if any, City i
shall commence and proceed to complete all steps required or
necessary for the implementation of this Agreement and the
Development by Developer of the Project in accordance with the =
Existing Development Approvals.
(1) Scheduling, convening and concluding all required
public hearing in an expeditious manner consistent with '
119MSDEV -lg_ 'v
11/28/89 °
~~. ~,~... ~:~i;;,.......~:~k«u,.; ..
,<~ .:... _,. ~:.~~a . _ .
applicable laws and regulations in force as of the Effective Date
of this Agreement.
(2) Processing and approval of all maps, plans, land
use permita, building plans and specifications and other
applications for Development Approvals relating to the Development
of the Project, filed by Developer.
Developer will, in a timely manner, provide City with
all documents, applications, plans and other information necessary
for City to carry out its obligations hereunder and cause
Developer's planners, engineers and all other consultants to
submit in a timely manner all required materials and documents
therefor. It is the express intent of Developer and City to
cooperate and diligently work to implement the Tuscany Hills --
Specific Plan.
10.4 Other aovernmental nermits. In addition, Developer
shall apply in a timely manner for such other permits and
approvals as are required by other governmental agencies having
jurisdiction over the Project in connection with the development
of, or provision of services to, the Project. City shall use its
best efforts to assist Developer in coordinating the
implementation of the Project with such other governmental
agencies. City shall cooperate with Developer in its efforts to
obtain such permits and approvals and shall, from time to time at
the request of Developer, attempt with due diligence and in good
faith to enter into binding agreements with any such entity
119MSDEV
11/28/89
-19-
, ~. . -.;-.,. ,c,~,..~,~a~.d.~~~~ .~,...'~~;.~: ..~:. . .. ...
r° ~ ,
necessary to assure the availability of such permits and approvals
or services, provided such agreements are reasonable and not
materially detrimental to City.
10.5 Financina o£ Dvblic facilities and/or services. City
and Developer shall in good faith use their best efforts to
establish one or more community facilities districts (pursuant to
the Mello-Roos Community Facilities Act of 1982 as set forth in
Government Code Section 53311 et s~.) and such other assessments,
improvement or maintenance districts, as may be appropriate, for
the purpose of funding the planning, design, construction and
maintenance ~if public facilities, including related fees and the
acquisition of land therefor, and/or the provision of public
services for the Project. The parties expect that bonds, --
assessments, liens or other such financing devices would be issued
or levied to provide suf£icient funds £or the
above-mentioned purpose. The parties, however, acknowledge that
such public improvements may not be completely financed by said
financial mechanism and the City retains the right to establish a
maximum tax rate or assessment per parcel/lot or acre. City
acknowledges that completion of proceedings to establish one or
more public financing districts as discussed above is critical to
provide the parties with security for performance by Developer of
its obligation to commence and complete construction of major
infrastructure.
119MSDEV
11/28/89
-20-
~ a.~_.`~ ~ _,.. ,.. ~,~..,~,~~,~„: .. ... .s<.~-,:. . _.. ,
--._ _._ _ _
,
~~~
. 10.6 Utilities coordination. City shall use its best efforts
to assist Developer in obtaining all electrical, gas, telephone
and other necessary utility connect3ons required by the Project.
Within a reasonable time after request therefor by Developer, City
shall approve all connection and access points for such utilities
if in compliance with all applicable ordinances, rules and
regulations.
10.7 Covenant of aood faith and fair dealinQ. Except as may
be required by law, neither party shall do anything which shall
have the effect of harming or injuring the right of the other
party to receive the specified and described benefits of this
Agreement; each party shall refrain from doing anything which
would render 3ts performance under this Agreement impossible or
impractical; and each party shall do everything which this
Agreement describes that such party shall do.
11. PERMITTED DELAYS
Developer shall be excused from performance of its
obligations hereunder during any period of delay caused by acts of
God or civil commotion; riots, strikes, picketing, or other labor
disputes; unavoidable storage of materials or supplies, damage to
work in progress by reason of fire, flood, earthquake or other
casualty, litigation which prohibits processinq or constructing
the Project; initiatives or referenda; moratoria; or unanticipated
restrictions imposed or mandated by other governmental entities.
Each party shall promptly notify the other party of any delay
hereunder as soon as possible after the same has been ascertained,
119MSDEV _zl_
11/28/89
. ~st.:~ ~.,~.. ~.., u ~a.~.,.. ~.wr,.~
_ __
~~,.__ ~ ~
and the term of this Agreement shall be extended by the period o£
any such delay. Notwithstanding Section 14.3, any claim for delay
must be presented within 30 days of knowledge of the cause of such
delat, or any entitlement to time extension shall be deemed
waived.
12. ESTOPPEL CERTIFICATES
Either party may at any time, and from time to time, deliver
written notice to the other party requesting the other party
certify in writing that to the knowledge of the certifying party:
(1) this Agreement is in full force and effect and is a binding
obligation of the parties; (2) this Agreement has not been amended
or modified, and, if so amended or modified, to identity the
relevant documents; and (3) no default in the performance of the
requestinq party~s obligations under this Agreement exists
or, if in default, the nature of any default. A party receiving a
request hereunder shall execute and return the certificate within
thirty (30) days following the receipt thereof.
13. RECORDATION BY CITY CLERR
Pursuant to Government Code Section 65868.5, within ten (10)
days of City~s execution of this Agreement the City Clerk shall
record a copy with the Riverside County Recorder. Thereafter, the
burdens of this Agreemen~ shall be binding upon, and the benefits
of this Agreement shall inure to, all successors in interest to
the parties to this Agreement.
119MSDEV _22_
11/28/89
. ~
,.~,,.~ . .. . . .. - _ . ,:,.. . .:-_ .
~
' 14. DEFAULT
14.1 Events of default. Subject to any written <=~~~sa~cfixaa cm~
time by mutual consent of the parties, and subject ta>t;h~~
provisions of Section 12 regarding permitted delays, ti~i~: i?~,ii31,v~
of either party to perform any material term or proviis;~orz? d~ff' t~3~o~s,
Agreement shall constitute default. If such defaultl~g; ~arr~y ~'~c~
not cure such failure within thirty (30) days followi?~gr ca~il~#~.ff~
notice of default from the other party; provided, hew~ver,; ~~a~S: ~~
the nature of the default is such that it cannot be ~u~e~,l ;~a~t?:~ui~~.
thirty (30) days, the commencement of a cure within ~3~i~i prarsii~rdt
and the diligent prosecution to completion of the cuu~. sikall;I! }t~
deemed to be a cure within such period. Any notice ~~ d~Ya~~:
given hereunder shall specify in detail the nature ~fi.; t~1ie: a~l"+71.~~1
default and the manner in which such default may be
satisfactorily cured in accordance with the terms asdi¢on~+simza~
of this Agreement. During the time periods herein s~e~i~~~?q~i ~'~~
cure of a failure of performance, the party charged a%+r'a, :~u~.~hi
failure of performance shall not be considered to be ia:. d~R~l;;~k
for purpose of termination of this Agreement, or fot pu;s,x3s~~;c~
institution of legal proceedings with respect there~,, a~° ~'c~-
purposes of issuance of any building or grading per~;L~. ~sr~'.~.~,
respect to the Project.
14.2 Remedies. Upon the occurrence of default ~r~-~ ~,:~i!~
section and the expiration
non-defaulting party shall
the defaulting party as it
but not limited to the rig
119MSDEV
11/28/89
of any applicable cure p~.~a~,; ~
have such rights and remesG~~ ar•j;~i~~
may have at law or in equii~':~~{r ~~?'~;
zt to terminate this Agrec~rea~:.
-23-
t~w.dE~z,».aw,....a.Ta:,:~.nh,~~~ x:»,> . E.Aex8SaS3.. E/•• ..:.: . ..
' 14.3 No waiver. Failure by a party to insist upon the strict
performance of any of the provisions of this Agreement by the
other party shall not constitute waiver of such party~s, right to
demand strict compliance by such other party in the future. All
waivers must be in writing to be ef£ective or binding upon the
waiving party, and no waiver shall be implied from any omission by
a party to take any action with respect to such default. No
express written waiver of any default shall affect any other
default, or cover any other period of time exoept that specified
in such express waiver.
14.4 Effect of termination. Termination of this Agreement by
one party due to the other party~s default shall not affect
any right or duty emanating from City entitlements or approvals on
the Project, but the rights, duties and obligations of the partias
hereunder shall otherwise cease as of the date of such
termination. If City terminates this Agreement because of
Developer's default, City shall retain any and all benefits
including money or land received by City hereunder. If Developer
terminates this Agreement because of City~s default, Developer
shall be entitled to a return or a refund of all unused benefits
and exactions paid, given or dedicated to City pursuant to this
Agreement.
15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE
In addition to specific provisions of this Agreement,
performance by either party herew~der shall not be deemed to be in
defauit where delays or defaults are due tc war, insurrection,
~-~
strikes, walk-outs, riots, floods, earthquakes, fires, casualties,
acts of God, litigation, referenda, initiatives, moratoria,
governmental restrictions imposed or mandated by other
governmental entities, enactment of conflicting City, county,
state or federal laws or regulations, judicial decisions, or
similar basis for excused performance which is not within the
reasonable control of the party to be excused. If written notice
of such delay is given to either party within thirty (30) days of
the commencement of such delay, an extension of time for such
cause will be granted in writing £or the period of the enforced
d~lay, c~r longer as may be mutually agreed upon.
16. APPLICABLE LAW
This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
17. NO JOINT VENTURE OR PARTNEgSHIP
City and Developer hereby renounce the existence of any form
of joint venture or partnership between City and Developer, and
expressly agree that nothing contained herein or in any document
executed in connection herewith shall be construed as making City
and Developer joint venturers or partners. It is understood that
the contractual relationship between City and Developer is such
that Developer is an independent contractor and not an agent of
City. Et~rthermore, this Agreement is not intended, or shall it be
construed, to create any third party beneficiary rights in any
person who is not a party to this Agreement.
119MSDEV
11/28/89
-25-
.~~ ,~.-.,~ ~~:~ .,. d
- ,.,+s~.~.»:~.,u . _~ _. , . _
18• ADDRESSES FOR NOTICES
Any notice sent to either party under this Agreement shall be
in writing and shall be given by delivering the same to such party
in person or by sending the same by registered mail, return
receipt, with postage prepaid, to the following addresses:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
Attn: City Manager
Homestead Land Development Corporation
355 N. Sheridan, Suite 117
Corona, CA 91720
Attn: Vice President
With a Copy To: Roger G. Galloway
28 Segura
Irvine, CA 92715
19. COVENANTS RUNNING WITH TFIE LAND
All of the terms, provisions, covenants and obligations
contained in this Agreement shall be binding upon the parties and
their respective successors and assigns, and all other persons or
entities acquiring all or any portion of the Property, and shall
inure to the benefit of such parties and their respective
successors and assigns. All the provisions of this Agreement
shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law,
including but not limited to California Civil Code Section 1468.
Each covenant to do or refrain from doing some act on the property
covered by this Agreement is for the benefit of such property and
is a burden upan such property, runs with such property and is
binding upon each party and each successive owner during its
119MSDEV _Z6_
11/28/89
i _.. _ _ _
~- ~- ~~...~. ,_~._,..._
_ >>.. -. ~_. . ,~ u-• , , . .
- ownership of such property or any portion thereof, and shall
benefit each party and its property hereunder, and each other
party succeeding to an interest in such property. Notwithstanding
the foregoing, upon the sale or lease for more than one year of a
dwellinq unit or office or commercial or industrial space by
Developer to a member o£ the public, but not upon the bulk sale
thereof to any person or entity for resale to the public, such
residential unit or office, commercial or industrial space shall
be automatically released from the terms, provisions, covenants
and obligations of this Agreement without the necessity of
executing or recording any specific instrument of release.
20. CONSISTENCY FINDING
By approving and executing this Agreement, City finds that
its provisions are consistent with City's General Plan and with
Tuscany Hills Specific Plan, and City further finds and determines.
that execution of this Agreement is in the best interests of the
public health, safety and general welfare of City~s residents,
property owners and taxpayers.
21. TERMS AND CONSTRIICTION
21.1 Severabilitv. If any term, provisions, covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable by judgment or court order, the remainder of this
Agreement shall remain in full force and effect, unless
enforcement of this Agreement as so invalidated would be
unreasonable or grossly inequitable under all the circumstances,
or ~±ould frustrate the stated purposes of this Agreement.
119MSDEV _2~_
11/28/89
f
21.2 Entire acrreement. This written Agreement contains all
the representations and the entire agreement between City and
Developer: Any prior correspondence,,memoranda, agreements,
warranties or representations are superseded in total by this
Agreement. This Agreement shall be construed as a whole according
to its common meaning and not.strictly for or against any party in
order to achieve the objectives and purposes of the parties
hereunder. Whenever required by the context of this Agreement,
the singular shall include the plural and vice versa,
and the masculine gender shall include the feminine or neutered
genders. "Shall" ;~ the mandatory and "may^ is the permissive.
21.3 Sianature ~aaes. For convenience, the signatures of the
parties to this Agreement may be executed and acknowledged on
separate pages which, when attached to this Agreement, shall
constitute this document as one complete Agreement.
21.4 Time. Time is of the essence of this Agreement and of
each and every term and condition hereof.
22. CONSENT OF OTI~R PARTIES
Developer may, at its discretion, elect to have other holders
of legal, equitable or beneficial interests in the Project, the
Property or portions thereof, acknowledge and consent to the
execution and recordation.of this Agreement by executing an
appropriate instrument therefor. It is understood by the parties
that the execution of such document by other holders of legal,
equitable, or beneficial interest in the Project is not a
con3ition prece3ent to this Agreement.
119MSDEV
11/28/89
-28-
~°.~~~.~~ v~:zs~,-~-za~sr%,~s~. ,..,~.. _
~T~
' 23. ASSIGNMENT AND NOTICE
Developer shall have the right to assign or transfer all or
any portiOn of its interest, rights or obligations under this
Agreement to third parties acquiring an interest or estate in
Project, the Property or portions thereof, including but not
limited to purchasers or long-term ground lessees of individual
lots, parcels, or any of the building located within the Project,
subject to prior written approval of the City Developer shall give
prior written notice to the City of its intention to assign or
transfer any of its interest, rights or obligations under this
Agreement. Any failure by Developer to provide said r.otice shall
be curable in accordance with the provisions of Section 15
hereof. The express assumption of any of Developer's obligations
under this Agreement by its assignee or transferee shall thereby
relieve Developer of any further obligations under this
Agreement. Notwithstandinq the foregoing, Developer shall have no
obligation whatsoever to provide said notice when it intends to
assign an interest in this Agreement in connection with a
conveyance or transfer to a bank or other financial institution or
corporation for financing purposes of an equitable interest in the
Project and/or the Property whether by means of a deed of trust or
other instrument.
24. ENCUMBRAACES AND RELEASES ON REAL PROPERTY
24.1 Discretion to encumber. The parties hereto agree that
thia Agreement shall not prevent or limit Developer in any manner,
at Developer's sole discretion, from encumbering the subject real
119MSDEV _29_
11/28/89
~wwsa~tu~.aacmk.~;;~:.;,aa~a.9.k:N:~z , m,.:~".~. ~ . ...... . . ..:... . . . . . : _ . . - ~ -.
~T~
.
Property or any portion of any improvement thereon by any
mortgage, deed of trust or other security device securing
financing with respect to the Property, City acknowledges that
the lenders providing such financing may require certain
modifications and City agrees, upon request, from time to time, to
meet with Developer and/or representatives of such lenders to
negotiate in good faith any such request for modification. City
further agrees that it will not unreasonably withhold its consent
to any such requested modification so long as the modifications do
not materially alter this Agreement.
24.2 Entitlement to written notice of default. The mortgagee
of a mortgage or beneficiary of a deed of trust, and their
successors and assigns, or any mortgage or deed of trust
encumbering the property, or any part thereof, which mortgagee,
beneficiary, successor or assign has requested notice in writing
receive by City, shall be entitled to receive written notification
from City of any default by Developer in the perPormance of
Developer's obligations under this Agreement which is not cured
within thirty (30) days.
24.3 Propertv subiect to nro rata claims. Any mortgagee who
comes into possession of the Property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or deed
in lieu of such foreclosure, shall take the Property, or part
thereof, subject to ar.y pro rata claims for payments or charges
against the Property, or part thereof secured by such mortgage
119MSDEV -30-
11/28/89
,_..~ ~ ,,. ....~,~.y. ;~-
~ !
' which accrue prior to the time such mortgagee comes into
possession of the Property or part thereof.
24.4 Releases. City hereby covenants and agrees that upon
completion of the public improvements and payment of all fees
required under this Agreement with respect to the Property, or any
portion thereof, City shall execute and deliver to the Riverside
County Recorder appropriate release or releases of further
obligations in form and substance acceptable to the
County Recorder or as may otherwise be necessary to effect such
release.
25. OPERA'SING MEMORANDA
The parties acknowledge that from time to time it may be in
the mutual interest of the parties that certain details relative
to performance of this Agreement be refined. Therefor, to the
extent allowable by law, the parties retain a certain degree of
flexibility with respect to those provision covered in general
under this Agreement which do not relate to the term, permitted
uses, density or intensity of use, height or size of building,
provisions for reservation and dedication of land, timing, rate or
sequence of development, conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
development of public improvements or monetary contributions by
Developer or any conditions or covenants relating to the use of
the Property. When and if the parties find it necessary or
appropriate to make changes or adjustments to such provisions,
119MSDEV
11/28/89
-31-
~v~:~~,~m~~:;=,.~;~:~ ,~.,: w..:;~ . . ._ .
they shall effectuate changes of adjustments through operating
memoranda in recordable form approved by the parties in writing
which reference this Section 25. For purposes of this Section 25,
the City Manager or his/her designee upon report to and approval
by the City Council, shall have the authority to approve the
operating memoranda on behalf of City. No operating memoranda
shall require notice or hearing or shall be deemed to constitute
an amendment to this Agreement.
26. INSTIT[JTION OF LEGAL ACTION
In addition to any other rights or remedies, either party may
institute legal action to e•~re, correct or remedy any default, to
enforce any covenants or agreements herein or to enjoin any
threatened or attempted violation thereof or to obtain any
remedies consistent with the purpose of this Agreement. In the
event of any such legal action involving or arising out of this
Agreement, the prevailing party shall be entitled to recover
reasonable litigation expenses, attorneys~ fees and costs
incurred. It is understood between the parties that in the event
a breach of this Agreement by City occurs, irreparable harm is
likely to occur to Developer and damages by be an inadequate
remedy. To the extent permitted by law, therefore, it is
expressly recognized that specific enforcement of this Agreement.
by Developer is a proper and desirable remedy in addition to any
and all other remedies which may be available to Developer under
law or at equity.
119MSDEV
11/28/8g
-32-
~,.:::....-„~,..~..~~w.~..,-~:~.. .. . :.. .,,, . . ..;;;
~,~.~.r~ ~....., _. . i
F
' z7• INSURANCE
. Developer agrees to and shall hold the City, its officers,
agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury includinq death
and claims for property damage which may arise out of the direct
or indirect operation of the Developer or those of their
contractors, subcontractors,tagents, employees or other persons
acting on their behalf which relate to the Project. Developer
agrees to and shall defend the City and its officers, agents,
'employees and representatives from actions for damages caused or
alleged to have been caused by reason of Deveioper's activities in
connection with the Project.
^This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph, regardless
of whether or not the City prepared, supplied, or approved plans
or specifications or both for the Project and regardless of
whether or not the insurance policies referred to below are
applicable.
Before beginning work on the Project, Developer shall obtain
the insurance required under this paragraph and receive the
-- approval of City Attorney as to form, content, amount and
carrier. Developer shall maintain the insurance durinq the term
of this Development Agreement. The insurance shall extend to the
City, its elective and appointive boards, commissions, officers,
agents,
119MSDEV -33-
11/28/89
;a~,w~• kr~- ~-~rk ,e~e _,Nx:,;+^- :~~~sr~a5r;w.. : ~ , . . , . .
,..s~..w,.~. ~ , _, , -..1: ., . , H~..,. .: . , . .... . ..... . . ..
i
employees and representative and to the Developer and each
contractor and subcontractor performing work on the Property:
27.1 Compensation Insurance. Developer shall maintain
Workers Compensation Insurance for all persons employed at the
site of Project. Developer'shall require each contractor and
subcontractor similarly to provide Workers Compensation Insurance
for their respective employees._ Developer agrees to indemnify the
City for damage resulting from the failure to take out and
maintain such insurance.
27.2 Public Liabilit and Pro ert Dama e Insurance.
Developer shall maintain public liability insurance in an amount
not less than One Million Dollars ($1,000,000.00) for injuries
(including deathj to any one person and in an amount not less than
One Million Dollars ($1,000,000.00) on account of any one ~
occurrence; and property damage insurance in an amount not less
than One Hundred Thousand Dollars ($100,000.00) for damage to the
property.of each person on account of any one occurrence.
//
//
//
//
//
//
//
//
//
119MSIDEV
11/2~~/g9
-34-
. . . ~~rs~~~~
- ... be;.,.,.,.. .. . .. . . . . . . . .
f t.
Developer shall furnish City before beginning work on the
Project with a Certificate o£ Insurance constituting satisfactoxy
evidence,of the insurance required and providing that each carrier
is required to give the City at least ten days prior written
notice by certified mail to City Hall of the cancellation or
reduction in coverage of any,policy.
DEVELOPER:
HOMESTEAD LAND DEVELppNlENT CpRppgATION,
a California corporation
By:
Richard L. Crook,
Vice President
CITY:
CITY OF t,nxF E~=NORE, a
municipal corporation and
political subdivisior~,;~ the
State of CaYif r-~i .; a/V I
By:
TEST:
~
ity Clerk
119MSIl'aEV
11/28~'89
p~ FFICF~A L SEAL
P
,
~ VICKI LVNIVE KASAD
; °a • NO7ARY PUCL~~ • CdL1FORNtA
" c~.is^~a'
~'/ MYERSIDf COOfiTY
hiy comm. er.pires I.IAR 27, 1992
y ..-.. .~ .-
-35-
.~..ur~~.ww~.~~iY~~a~:s;~ r~;~s.~..^~?+a~ra ,,.._,.,;~:,.. ,.... .... . . . . ~, _. . ~. ~..... . ..
,
6
State of California
County op
) ss:
)
On , 1989, before me, the undersigned, a
Notary public in and for said State, personally appeared
Richard L. Crook and
personally know to me (or proved to me on the basis of satis-
factory evidence) to be the persons who executed the within
instrument as Vice President and
Secretary, on behalP of HOMESTEAD LAND DEVELppMENT CORPORATION,
California corporation, the corporation therein named, and
acknowledged to me that such'corporation executed the within
instruments pursuant to its bylaws or a resolution of its board
directors.
WITNESS MY FiAND p,ND OFFICIAL SEAL,
Notary Public
(Seal)
STATE OF CAI,IFORNIA )
COUNTY OF ) ss.
On this ~~day of
undersigned, a Nota ~ ' 1~'
z'y Publ in for said
appeared _,~(; M(. ~ n1U a r- , personally
to me on the basis of satisfactory evidence)
executed the with instrument as the Mayor of
Elsinore, California, and acknowledged to me
Lake Elsinore, California executed it.
hand and official seal.
~c"'~ ~~~
119MS~~EV
11/28~1gg
-36-
a
of
before me the
State, personally
cnown to me (or proved
to be the person who
the City of Lake
that said City of
•~~„ OFFT~'"s J, SEAL
m NO Ap~PI'.^'~:.~K~~ORDNIA
-~ ~' 81VERSID°_ COUNiY
`"""' My comm. ezplres PdAR 2), 1992