HomeMy WebLinkAboutLE DIAMOND HOLDINGS DA - 022817LE DIAMOND HOLDINGS DA - 022817
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Lake Elsinore )
130 South Main Street )
Lake Elsinore, California 92530 )
Attention: City Clerk )
)
(Space above for Recorder’s use.)
(Exempt from Recording Fees Per Govt Code §27383.)
DEVELOPMENT AGREEMENT
by and between
CITY OF LAKE ELSINORE
and
LE DIAMOND HOLDINGS, LLC
LE DIAMOND HOLDINGS DA - 022817
i
TABLE OF CONTENTS
Page
1. DEFINITIONS. ..................................................................................................................3
2. PURPOSE AND ANALYSIS. ...........................................................................................5
2.1. Vested Right in Existing Land Use Regulations..............................................................5
2.2. Agreement Does Not Authorize Development. ................................................................5
2.3. No Significant Environmental Impact. ............................................................................5
3. RULES, REGULATIONS AND OFFICIAL POLICIES GOVERNING
DEVELOPMENT. .............................................................................................................6
3.1. Existing Land Use Regulations. ........................................................................................6
3.2. New Rules. ..........................................................................................................................6
3.2.1. Procedural Regulations. ........................................................................................6
3.2.2. Regulations Governing Construction Standards. ...............................................6
3.2.3. Non-Conflicting Regulations. ................................................................................6
3.2.4. Certain Conflicting Regulations. ..........................................................................7
3.2.5. Regulations Needed to Protect the Health and Safety. .......................................7
3.3. Regulation by Other Public Agencies. .............................................................................7
3.4. State and Federal Laws. ....................................................................................................7
3.5. Police Power and Taxing Power. ......................................................................................7
4. FEES AND FINANCIAL RESPONSIBILITY. ..............................................................7
4.1. Existing Development Fees................................................................................................7
4.2. Deferred Development Impact Fees. ................................................................................8
4.3. Allocation of Project TIF...................................................................................................8
4.4. Financial Responsibility. ...................................................................................................8
5. DURATION OF AGREEMENT. .....................................................................................8
5.1. Term. ...................................................................................................................................8
5.2. Timing of Development. ....................................................................................................9
LE DIAMOND HOLDINGS DA - 022817
ii
5.3. Periodic Review. .................................................................................................................9
6. OPERATING MEMORANDA AND AMENDMENTS. ...............................................9
6.1. Operating Memoranda. .....................................................................................................9
6.2. Amendment. .....................................................................................................................10
7. COOPERATION AND COVENANT OF FURTHER ASSURANCES. ....................10
7.1. Third Party Actions. ........................................................................................................10
7.2. Further Assurances. .........................................................................................................10
7.3. Covenant of Good Faith and Fair Dealing. ...................................................................10
8. PERMITTED DELAYS. .................................................................................................11
9. ESTOPPEL CERTIFICATES. .......................................................................................11
10. RECORDATION BY CITY CLERK. ...........................................................................11
11. DEFAULT. .......................................................................................................................11
11.1. Events of Default. .............................................................................................................11
11.2. Remedies. ..........................................................................................................................12
11.3. No Waiver. ........................................................................................................................12
11.4. Effect of Termination. .....................................................................................................12
12. INCORPORATION BY REFERENCE. .......................................................................12
12.1. Recitals. .............................................................................................................................12
12.2. Exhibits. ............................................................................................................................12
13. APPLICABLE LAW. ......................................................................................................12
14. NO JOINT VENTURE, PARTNERSHIP OR THIRD PARTY BENEFICIARY. ...12
15. COVENANTS RUNNING WITH THE LAND. ...........................................................13
16. CONSISTENCY FINDING. ...........................................................................................13
17. TERMS AND CONSTRUCTION. .................................................................................13
17.1. Severability. ......................................................................................................................13
17.2. Entire Agreement. ............................................................................................................13
LE DIAMOND HOLDINGS DA - 022817
iii
17.3. Signature Pages. ...............................................................................................................13
17.4. Time. ..................................................................................................................................14
17.5. Notices. ..............................................................................................................................14
18. CONSENT OF OTHER PARTIES. ...............................................................................14
19. ASSIGNMENT AND NOTICE. .....................................................................................15
19.1. Assignment (General) ......................................................................................................15
19.2. Requirements of Notice, Consent ...................................................................................15
19.3. Assignment to Affiliate as a Matter of Right .................................................................15
20. ENCUMBRANCES AND RELEASES ON REAL PROPERTY. ...............................15
20.1. Discretion to Encumber. ..................................................................................................15
20.2. Entitlement to Written Notice of Default.......................................................................16
20.3. Property Subject to Pro Rata Claims.............................................................................16
21. CONSTRUCTION, NUMBER AND GENDER. ..........................................................16
22. INSTITUTION OF LEGAL ACTION. .........................................................................16
23. INDEMNIFICATION. ....................................................................................................16
24. RIGHT OF ENTRY/ENCROACHMENT PERMITS. ................................................17
25. PROCESSING OF APPLICATIONS AND PERMITS. ..............................................17
26. FINANCING OF IMPROVEMENTS. ..........................................................................17
26.1. Potential Improvements Financing District. .................................................................17
26.2. Maintenance Financing District. ....................................................................................17
Attachment No. 1 ................................................................... Legal Description of the Property
Attachment No. 2 ............................................................ Title Report Exhibit Land Ownership
Attachment No. 3 ................................................... Selected Analysis of Estimated Permit Fees
Attachment No. 4 ................................................................................... Financial Responsibility
Attachment No. 5 .................................................................................... Conditions of Approval
LE DIAMOND HOLDINGS DA - 022817
1
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF LAKE ELSINORE AND LE DIAMOND HOLDINGS, LLC
This Development Agreement (“Agreement”) dated for identification purposes only as of
_______, 2017 (“Date of Agreement”) is entered into by and between the City of Lake Elsinore,
California, a municipal corporation (“City”) and LE DIAMOND HOLDINGS, LLC, a
California limited liability company (“Vested Party”). The City and the Vested Party are
hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.”
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the legislature of the
State of California adopted the “Development Agreement Act,” Government Code Sections
65864 through 65869.5. The Development Agreement Act authorizes the City to enter into an
agreement with any person having a legal or equitable interest in real property regarding the
future development of such property.
B. Pursuant to the Development Agreement Act, the City adopted Ordinance No.
996 establishing procedures and requirements for consideration of development agreements as
set forth in Lake Elsinore Municipal Code Chapter 19.12 (the “Development Agreement
Ordinance”).
C. JIC-CP Diamond Development, LLC, a California limited liability company
(“JIC-CP”), is the current fee owner of approximately twenty-three (23) acres consisting of nine
(9) parcels of unimproved land generally located north of Pete Lehr Drive and west of Diamond
Drive within the Diamond Specific Plan in the City of Lake Elsinore, California (collectively, the
“JIC-CP Property”) more particularly described in the LEGAL DESCRIPTION attached hereto
as Attachment No. 1 and incorporated by this reference herein.
D. Subsequent to the execution of this Agreement, Vested Party will be acquiring fee
ownership of the JIC-CP Property.
E. The parcels of land comprising the JIC-CP Property, as well as other parcels of
land in the JIC-CP Property’s vicinity, are legally described and depicted in the “TITLE
REPORT EXHIBIT LAND OWNERSHIP” attached hereto as Attachment No. 2 and
incorporated by this reference herein. The JIC-CP Property is identified in Attachment No. 2, as
is property presently owned by the City, to wit, a portion of Campbell Road and the land located
at the corner of Diamond Drive and Pete Lehr Drive (the “City Parcels”), color-coded yellow and
green, respectively. By Resolution No. 2016-122, the City Council approved the sale of the City
Parcel to JIC-CP Diamond Development, LLC for the Project. Subsequent to execution of this
Agreement, a remnant portion of the current Diamond Drive, generally located at the northwest
corner of Pete Lehr Drive and Diamond Drive (the “Corner”) and extending to the north, will be
identified as a new parcel, and be vacated and conveyed to JIC-CP, Vested Party or an Affiliate,
to be integrated as part of the Project site (the “City Vacation Parcel”). Said conveyance shall
LE DIAMOND HOLDINGS DA - 022817
2
occur concurrent with recordation of Final Parcel Map 37149, which will realign Diamond Drive
in a manner consistent with the approved preferred alignment. The City Vacation Parcel includes
the Corner, as realigned and defined by Final Parcel Map 37149, and extends north between
Parcel J to the west, and Parcels A through and including F, and a portion of Parcel G to the east.
In the aggregate, the JIC-CP Property, the City Parcel, and the City Vacation Parcel comprise the
property that will be owned by JIC-CP, Vested Party or an Affiliate, and is subject to this
Agreement (the “Property”).
F. Vested Party wishes to develop a multi-use sports complex facility (“Project”) on
the Property and has obtained the following Land Use Entitlements from the City: (i) Tentative
Parcel Map 37149, (ii) Conditional Use Permit 2016-02 and Commercial Design Review 2016-
02. The City Council has determined that the Project is consistent with the sports-themed
development encouraged in the City’s General Plan and the Diamond Specific Plan and would
generate significant economic benefits to the City, including without limitation, creation of new
jobs, generation of increased sales taxes and increased name recognition and status.
G. The proposed Project requires significant financial investment by Vested Party
and in order to bring certainty and stability to the City’s regulations applicable to the processing
of the Land Use Entitlements and future Development of the Property, the Vested Party and the
City intend to vest the General Plan, the Specific Plan and Existing Land Use Regulations.
H. On February 7, 2017, the City of Lake Elsinore Planning Commission held a duly
noticed public hearing to consider Vested Party’s application for this Agreement and
recommended to the City Council approval of this Agreement.
I. On February 14, 2017, the City Council held a duly noticed public hearing to
consider this Agreement and found and determined that (a) this Agreement is compatible with
the orderly development of the Property and the surrounding area; (b) this Agreement will have
an overall positive effect on the health, safety and welfare of the residents of and visitors to the
City; (c) this Agreement constitutes a lawful, present exercise of the City’s police power and
authority under the Development Agreement Act and Development Agreement Ordinance; (d)
this Agreement is entered into pursuant to and in compliance with the requirements of the
Development Agreement Act and the Development Agreement Ordinance; and did therefore, in
approving this Agreement introduce for first reading Ordinance No. __ (the “Enabling
Ordinance”). On February 28, 2017 the City Council conducted the second reading of the
Enabling Ordinance thereby approving this Agreement, to become effective thirty (30) days after
the adoption thereof (i.e., effective on March 30, 2016).
J. This Development Agreement has been processed, considered and executed in
accordance with the Development Agreement Act and the Development Agreement Ordinance.
The foregoing true and correct Recitals constitute a substantive part of this Agreement, and the
Parties have materially relied upon them as such in their respective determinations to execute this
Agreement.
LE DIAMOND HOLDINGS DA - 022817
3
1. DEFINITIONS.
All initially-capitalized words, terms, and phrases used, but not otherwise defined,
in the Recitals and this Agreement shall have the meanings assigned to them in this Section 1,
unless the context clearly indicates otherwise.
1.1. “Affiliate” means (i) JIC-CP, RJ LEDSC Management, LLC, a California
limited liability company, LE Diamond Holding Company, LLC, a Delaware limited liability,
company, LE Diamond Sports Park, LLC, a California limited liability company, and LE
Diamond Sports Center, LLC, a California limited liability company (each an “Enumerated
Entity,” (ii) any limited liability company named after the Date of Agreement, via filing with the
Secretary of State of the State of California by Vested Party or an Enumerated Entity, of an
“LLC -2,” i.e., an “Amendment to Articles of Organization of a Limited Liability Company
(LLC),” (a “Renamed Entity”), (iii) any member or manager of, or investor in Vested Party, any
Enumerated Entity, and/or a Renamed Entity, (iv) any legal entity, unformed as of the time of
this Agreement’s execution, that includes Vested Party, an Enumerated Entity, or any Renamed
Entity, as a member or manager thereof, or an investor therein, and/or (v) any person or entity
that individually or collectively, directly or indirectly, controls, is controlled by, or is under
common control with Vested Party, an Enumerated Entity, and/or a Renamed Entity.
1.2. “Agreement” means this Development Agreement.
1.3. “CEQA” means the California Environmental Quality Act, Public
Resources Code Section 21000, et seq. and the implementing regulations promulgated
thereunder as the “CEQA Guidelines” (Title 14, California Code of Regulations Section 15000 et
seq.) and the City's local guidelines.
1.4. “City” means the City of Lake Elsinore, a municipal corporation.
1.5. “City Council” means the duly elected City Council of the City.
1.6. “Development” means grading, construction and/or installation of public
improvements, infrastructure and facilities related to the Project (whether located within or
outside the Property) and the construction and/or installation of private improvements, structures,
buildings and facilities and the installation of landscaping.
1.7. “Development Agreement Act” is defined in Recital A of this Agreement.
1.8. “Development Agreement Ordinance” is defined in Recital B of this
Agreement.
1.9. “Diamond Specific Plan” means that certain specific plan adopted
pursuant to California Government Code Section 65450 et seq. and LEMC Chapter 17.204 by
the City Council by Ordinance No. CC-2010-1278 on June 22, 2010 and Amendment No. 1
thereto adopted by the City Council by Ordinance No. 2015-1340 on June 9, 2015.
1.10. “Effective Date” means the date the Enabling Ordinance approving this
Agreement becomes effective which is 30 days after the Date of Agreement first entered above.
1.11. “Existing Development Fees” means any Land Use Entitlement
application and permit processing fees and charges, development impact fees, linkage fees, or
LE DIAMOND HOLDINGS DA - 022817
4
exactions or other similar impact fees or charges (whether collected as a condition to issuance of
grading and/or building permits, or otherwise) imposed by the City on and in connection with
new development pursuant to the Existing Land Use Regulations and set forth in Attachment No.
3, the “Selected Analysis of Estimated Permit Fees” attached to this Agreement and incorporated
by this reference herein.
1.12. “Existing Land Use Regulations” means all ordinances, resolutions, codes,
rules, regulations and official policies of the City governing the development and use of land in
effect on the Effective Date, including, without limitation, the Development Agreement
Ordinance, the City’s General Plan, the Diamond Specific Plan, Tentative Parcel Map 37149,
Conditional Use Permit 2016-02 and Commercial Design Review 2016-02 and/or any other
ordinance, resolution or Land Use Entitlement governing the permitted use of land, the Existing
Development Fees imposed by the City and reflected in Attachment No. 3, the density or
intensity of use, subdivision requirements, the maximum height and size of proposed buildings,
the provisions for reservation or dedication of land for public purposes (including without
limitation the action taken by the City in Resolution No. 2016-137 approving Tentative Parcel
Map 37253, adopted on December 13, 2016 and providing for the dedication of that portion of
Diamond Drive owned by “CIVIC PARTNERS IDAHO, LLC,” reflected on Attachment No. 2
as a portion of the parcel of land color coded orange) the granting of encroachment permits and
the conveyance of rights and interests that provide for the use of or the entry upon public
property, and the design, improvement and construction standards and specifications applicable
to the processing of Land Use Entitlements and Development of the Property.
1.13. “Land Use Entitlements” means Tentative Parcel Map 37149, Conditional
Use Permit 2016-02, Commercial Design Review 2016-02 and all other future land use and
development entitlements and approvals applied for by the Vested Party and approved by the
City, including without limitation variances, design review, review of building, landscaping or
signage plans, subdivision or tract maps, conditional use permits and building permits and
certificates of occupancy subject to and including all conditions of approval and any mitigation
measures identified and adopted pursuant to the Existing Land Use Regulations and applicable
CEQA review, if any, in accordance with the terms of this Agreement.
1.14. “LEMC” means the Lake Elsinore Municipal Code.
1.15. “Project” means the Development of the proposed multi-use sports
complex facility on the Property pursuant to the Land Use Entitlements.
1.16. “Project-Related Improvements” means public improvements located in
proximity to, and designed and constructed in connection with the Project to be completed by
Vested Party in accordance with the Conditions of Approval attached hereto as Attachment No. 5
and incorporated herein by reference.
1.17. “Property” means the real property which is the subject of this Agreement
and which is described in Recitals C and E, and more particularly described in Attachment No. 1
and Attachment No. 2.
1.18. “Term” is defined in Section 5.1 of this Agreement.
LE DIAMOND HOLDINGS DA - 022817
5
1.19. “Vested Party” means LE Diamond Holdings, LLC, a California limited
liability company, and its successors in interest to all or any part of the Property, and/or to any of
the rights and obligations hereunder.
2. PURPOSE AND ANALYSIS.
2.1. Vested Right in Existing Land Use Regulations.
The City has determined that the proposed Project is of a high quality and
would provide significant public benefits to the City and its residents, businesses and visitors and
that entry into this Agreement will further the goals and objectives of the City’s land use
planning policies, by encouraging sports-themed Development of the Property in accordance
with the Existing Land Use Regulations and eliminating uncertainty in the planning, entitlement
and Development processes.
In exchange for the Project benefits to the City and its residents,
businesses and visitors, the Vested Party wishes to receive the assurances permitted by the
Development Agreement Act and the Development Agreement Ordinance such that the Vested
Party will be deemed to have a vested interest in the applicability of the Existing Land Use
Regulations to the Development and implementation of the Project and each portion thereof. As
such, the Vested Party, if it chooses, may proceed to develop the Property in accordance with the
Existing Land Use Regulations, with certainty that Vested Party will have the ability to
expeditiously and economically complete the Project.
2.2. Agreement Does Not Authorize Development.
The Parties agree and acknowledge that this Agreement itself does not
authorize Vested Party to undertake any Development of the Property and that before any
Development activity can occur (a) the Vested Party must have submitted all necessary
applications for all Land Use Entitlements and (b) the City must have approved such Land Use
Entitlement applications pursuant to the Existing Land Use Regulations, including undertaking
whatever environmental documentation the City determines is required pursuant to CEQA.
This Agreement does not require the City to approve any Land Use
Entitlement, but only obligates the City to process all Land Use Entitlement applications
submitted by Vested Party during the Term of this Agreement pursuant to the Existing Land Use
Regulations, including without limitation consistency with Attachment No. 3 described below in
Sections 4.1 and 4.2. Consequently, the City may approve, conditionally approve or deny such
Land Use Entitlement applications on the basis of the Existing Land Use Regulations. Upon
approval by City of any of the Land Use Entitlements, as they may be amended from time to
time, such Land Use Entitlements shall become part of the Existing Land Use Regulations, and
the Vested Party shall have a “vested right,” as that term is defined under California law, in and
to such Land Use Entitlements by virtue of this Agreement.
2.3. No Significant Environmental Impact.
The environmental documentation prepared and adopted/approved by the
City, as lead agency, for the Diamond Specific Plan pursuant to CEQA adequately addresses the
potential environmental impacts under this Agreement. In particular, there are no substantial
changes to the Property or the circumstances under which the Property is to be regulated and
LE DIAMOND HOLDINGS DA - 022817
6
developed under this Agreement when viewed against the Existing Land Use Regulations,
including the Diamond Specific Plan, and there is no new information of substantial importance
which would require preparation of another CEQA document pursuant to CEQA Guidelines
Section 15162. The vesting of the Existing Land Use Regulations, including the General Plan
and Diamond Specific Plan through this Agreement is exempt from the requirements of CEQA
pursuant to CEQA Guidelines Section 15061(b)(3) because there is no possibility that this
Agreement will have any significant direct, indirect, or cumulative environmental impacts apart
from or beyond those already analyzed, addressed, and mitigated as stated in the environmental
documentation prepared and adopted/approved for the Diamond Specific Plan pursuant to CEQA.
3. RULES, REGULATIONS AND OFFICIAL POLICIES GOVERNING
DEVELOPMENT.
3.1. Existing Land Use Regulations.
During the Term of this Agreement, Vested Party shall have a vested right
to pursue Development of the Property in accordance with the Existing Land Use Regulations
and the City shall have authority over the Development of the Property in accordance with the
Existing Land Use Regulations. “Existing Land Use Regulations” as defined in Section 1.11 of
this Agreement does not include any City ordinance, resolution, code, rule regulation or official
policy, governing: (a) the conduct of business, professions and occupations and the issuance of
business licenses; (b) taxes and assessments; or (c) the control and abatement of nuisances.
3.2. New Rules.
Although Existing Land Use Regulations will govern uses of the Property
and any potential Development of the Property, this Agreement will not prevent the City from
applying the following new rules, regulations and policies.
3.2.1. Procedural Regulations.
Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any
other matter of procedure.
3.2.2. Regulations Governing Construction Standards.
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.
3.2.3. Non-Conflicting Regulations.
Written regulations approved by the City that are not in material
conflict with the Existing Land Use Regulations and do not materially and adversely impact the
Development of the Property.
LE DIAMOND HOLDINGS DA - 022817
7
3.2.4. Certain Conflicting Regulations.
Written regulations approved by the City that are in material
conflict with the Existing Land Use Regulations only if Vested Party has given its written
consent to the application of such regulations to development of the Property.
3.2.5. Regulations Needed to Protect the Health and Safety.
Regulations which are in conflict with the Existing Land Use
Regulations if the City determines that enforcement is reasonably necessary to protect City
residents, businesses and visitors from conditions dangerous to their health, safety or both.
3.3. Regulation by Other Public Agencies.
The Parties acknowledge that other public agencies, not within the control
of the City, possess authority to regulate aspects of the Development of the Project and the
Property separately from the City. This Agreement does not limit the authority of such other
public agencies.
3.4. State and Federal Laws.
If State or Federal laws or regulations enacted after the Effective Date
hereof, prevent or preclude compliance with one or more of the provisions of this Agreement,
such provisions of this Agreement will be modified or suspended as may be necessary to comply
with such State or Federal laws or regulations; provided, however that this Agreement will
remain in full force and effect to the extent it is not inconsistent with such State or Federal laws
or regulations and to the extent such laws or regulations do not render such remaining provisions
impractical to enforce.
3.5. Police Power and Taxing Power.
The City will not impose, or enact any additional conditions, exactions,
dedications, fees or regulations through the exercise of either the police power or the taxing
power with respect to the Development of the Property except as provided in the Existing Land
Use Regulations or except as provided in this Agreement. Nothing stated in Section 3.2.5 above
shall limit the applicability of this Section 3.5.
4. FEES AND FINANCIAL RESPONSIBILITY.
4.1. Existing Development Fees.
During the Term of this Agreement, City shall impose and Vested Party
shall be required to pay only Existing Development Fees in connection with the use or
Development of the Property and the processing of applications for Land Use Entitlements
submitted by Vested Party. “Existing Development Fees” as defined in Section 1.11 do not
include impact fees, exactions, assessments or fair share charges or other similar fees or charges
imposed by other governmental entities regardless of whether the City is required to collect or
assess such fees (e.g., school district impact fees pursuant to Government Code Section 65995).
Existing Development Fees and the formulas for calculating such fees to be imposed on the
Project are set forth in the Selected Analysis of Estimated Permit Fees Attachment No. 3, which
is attached hereto and incorporated herein.
LE DIAMOND HOLDINGS DA - 022817
8
4.2. Deferred Development Impact Fees.
Notwithstanding the time for payment of development impact fees
pursuant to the Existing Land Use Regulations and as identified in the Selected Analysis of
Estimated Permit Fees (Attachment No. 3), payment of all development impact fees in
connection with the Development shall be deferred and paid at the time a certificate of
occupancy is issued for the Project. All development impact fees shall be calculated in
accordance with the fee schedule in effect as of the Effective Date and set forth in Attachment
No. 2.
4.3. Allocation of Project TIF.
In furtherance of the City’s desire to incentivize sports related
development, City agrees that all Traffic Impact Fees (TIF) paid by Vested Party in accordance
with LEMC Section 16.74.040 for the Development of the Project shall be exclusively allocated
by City to (a) reimburse Vested Party for any Project Related Improvements that qualify as
eligible “traffic infrastructure” in an amount not exceeding Five Hundred Thousand Dollars
($500,000), or (b) to fund eligible “traffic infrastructure” within the boundaries of the Diamond
Specific Plan or the East Lake Specific Plan. For purposes of this paragraph, the term “traffic
infrastructure” shall have the meaning as that term is defined in LEMC Section 16.74.020 within
the TIF network as specified in the City’s approved Traffic Fee Study related to TIF, as that
study may be amended from time to time.
4.4. Financial Responsibility.
To ensure implementation of their shared understanding and intent as to
the allocation of financial responsibility for the design, construction, and implementation of
certain Project-Related Improvements, to wit, off-site improvements to Diamond Drive and in
the vicinity of the intersection of Diamond Drive and Pete Lehr Drive, the Parties have agreed
upon the inclusion in this Agreement of Attachment No. 4, incorporated by this reference herein.
Notwithstanding the content of Attachment No. 4, the Parties note that (i) Vested Party shall bear
the costs of designing those Project-Related Improvements identified in Attachment No. 4 as
“City Financial Responsibility,” and (ii) Attachment No. 4 shall not limit, to any extent or
degree, the applicability of the Conditions of Approval reflected in Attachment No. 5 to the
Project, or any duty of Vested Party reflected in the Conditions of Approval.
5. DURATION OF AGREEMENT.
5.1. Term.
This Agreement’s “Term” shall be defined as follows. This Agreement
shall become operative and commence upon the Effective Date. It shall remain in effect until
seven (7) years from and after the Effective Date, unless this Agreement is terminated, modified,
or extended upon mutual written consent of the Parties hereto or as otherwise provided in this
Agreement. Following the expiration or termination of the Term hereof, this Agreement shall be
deemed terminated and of no further force and effect; provided, such expiration or termination
shall not automatically affect any right or duty of the City or the Vested Party arising from Land
Use Entitlements relating to the Property approved or issued prior to the expiration or
termination of the Term.
LE DIAMOND HOLDINGS DA - 022817
9
5.2. Timing of Development.
The City and the Vested Party acknowledge that the Vested Party cannot
at this time accurately predict the time schedule within which Development of the Property will
occur, if Development occurs at all. Therefore, Vested Party will have the right to pursue
Development of the Property, if at all, at the rate and in the sequence deemed appropriate by the
Vested Party within the exercise of its sound business judgment. Since the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the
failure of the parties therein to provide for the timing of development resulted in a later-adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
Parties’ intent to cure that deficiency by acknowledging and providing that Vested Party shall
have the right to develop the Property, if such development occurs, in such order, at such rate,
and at such time as Vested Party deems appropriate within the exercise of its subjective business
judgment. For purposes of this Agreement, completion of Development of the Property will
mean the date on which a certificate of occupancy or comparable instrument issued by the City
for the last improvement or structure constructed pursuant to this Agreement and the Existing
Land Use Regulations. Upon expiration of this Agreement, unless the Parties mutually agree to
extend this term, this Agreement will be deemed terminated and of no further force and effect.
5.3. Periodic Review.
The City will, in accordance with Government Code Section 65865.1,
review this Agreement at least once every twelve (12) months from and after the Effective Date
hereof in order to review the extent of the good faith substantial compliance by Vested Party
with the terms and provisions of this Agreement and the performance of the City of its
obligations under this Agreement. During each such periodic review, the City and the Vested
Party will have the duty to demonstrate their good faith compliance as may be reasonably
necessary, or required. The City’s failure to review the Vested Party’s compliance with this
Agreement, at least annually, will not constitute or be asserted by either Party as a breach by the
other Party.
6. OPERATING MEMORANDA AND AMENDMENTS.
6.1. Operating Memoranda.
The provisions of this Agreement require a close degree of cooperation
between the City and the Vested Party. The Development of the Property may demonstrate that
clarifications to this Agreement and the Existing Land Use Regulations are appropriate with
respect to the details of performance of the City and the Vested Party. To the extent allowable
by law, the Vested Party shall retain a certain degree of flexibility as provided herein with
respect to all matters, items and provisions covered in general under this Agreement, except for
those which relate to the (i) term; (ii) permitted uses; or (iii) density or intensity of use. When
and if the Vested Party finds it necessary or appropriate to make changes, adjustments or
clarifications to matters, items or provisions not enumerated in (i), (ii) or (iii) above, the Parties
shall effectuate such changes, adjustments or clarifications through operating memoranda (the
“Operating Memoranda”) approved by the Parties in writing which reference this Section 6.1.
Operating Memoranda are not intended to constitute an amendment to this Agreement but mere
ministerial clarifications; therefore public notices and hearings shall not be required. The City
Manager shall be authorized, upon consultation with, and approval of, the Vested Party, to
LE DIAMOND HOLDINGS DA - 022817
10
determine whether a requested clarification may be effectuated pursuant to this Section or
whether the requested clarification is of such character to constitute an amendment to this
Agreement which requires compliance with the provisions of Section 6.2 below.
6.2. Amendment.
Subject to the notice and hearing requirements of the Government Code,
this Agreement may be modified or amended from time to time only with the written consent of
both the Vested Party and the City or their successors and assigns in accordance with the
provisions of the Lake Elsinore Municipal Code and Sections 65867 and 65868 of the
Government Code.
7. COOPERATION AND COVENANT OF FURTHER ASSURANCES.
7.1. Third Party Actions.
Vested Party shall defend, at its expense, including costs and attorneys’
fees, indemnify, and hold harmless City, its agents, officers, officials, commissions, councils,
committees, boards and employees from any claim, action or proceeding against City, its agents,
officers, officials, commissions, councils, committees, boards or employees to attack, set aside,
void, or annul the approval of this Agreement, the validity of any provision of this Agreement,
any breach hereunder, or any action taken or decision made hereunder, including the approval of
any permit granted pursuant to this Agreement. City shall promptly notify Vested Party of any
such claim, action or proceeding, and City shall cooperate in the defense. In any defense of City
and/or Vested Party against such an action, Vested Party shall have the right to select legal
counsel and any experts or consultants deemed necessary and appropriate by Vested Party,
subject to City’s approval which shall not be unreasonably withheld. In addition, any action
instituted by any third party challenging this Agreement or any other permit or approval required
from the City or any other governmental entity, for the Development of the Project, will
constitute a permitted delay under Section 10. Notwithstanding the foregoing, the filing of any
third party action against the City and/or the Vested Party with respect to this Agreement or any
provision hereof will not be a reason to delay or stop the Development of the Property
(including, without limitation, the processing of any application of the Vested Party with respect
to the Property, the issuance of any building permit or the issuance of any certificate of
occupancy) unless the third party obtains a court order preventing such activity. Vested Party’s
obligation to indemnify City hereunder shall survive any termination of this Agreement.
7.2. Further Assurances.
Each Party covenants on behalf of itself and its successors and assigns 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
objectives of this Agreement. Each Party will take all necessary measures to see that the
provisions of this Agreement are carried out in full.
7.3. Covenant of Good Faith and Fair Dealing.
Except as may be required by law, neither Party will do anything which
will have the effect of harming or injuring the right of the other Party to receive the benefits of
this Agreement and each Party will refrain from doing anything which would render
LE DIAMOND HOLDINGS DA - 022817
11
performance under this Agreement impossible or impractical. In addition, each Party will do
everything which this Agreement describes that such Party will do.
8. PERMITTED DELAYS.
Any period of delay caused by acts of G-d; civil commotion; war; insurrection;
riots; strikes; walk outs; picketing or other labor disputes; unavoidable shortages of materials or
supplies; damages to work in progress by reason of fire, flood, earthquake or other casualty;
litigation which prohibits or delays performance of the Agreement, including without limitation
actions addressed by Section 7.1; moratoria; judicial decisions; or any other cause which is not
within the reasonable control of the Parties may extend the duration of the Agreement. Each
Party will promptly notify the other Party of any delay hereunder as soon as possible after the
same has been ascertained, and the term of this Agreement will be extended by the period of any
such delay. Notwithstanding Section 13.3, any claim for delay must be presented within 30 days
of knowledge of the cause of such delay or any entitlement to time extension will be deemed
waived. Notwithstanding the foregoing, in no event shall Vested Party be entitled to a permitted
delay due to an inability to obtain financing or proceed with development as a result of general
market conditions, interest rates, or other similar circumstances that make development
impossible, commercially impracticable, or infeasible.
9. ESTOPPEL CERTIFICATES.
Either Party may at any time, and from time to time, deliver written notice to the
other Party, requesting that the other Party certify in writing to the knowledge of the certifying
Party that: (a) this Agreement is in full force and effect and is a binding obligation of the
certifying Party; (b) this Agreement has not been amended or modified, except as expressly
identified; (c) no default in the performance of the requesting Party’s obligations pursuant to
Agreement exists, except as expressly identified. A Party receiving a request hereunder will
execute and return the requested certificate within 30 days after receipt of the request.
10. RECORDATION BY CITY CLERK.
Pursuant to Government Code Section 65868.5, within 10 days after the Entry
Date, the City Clerk will record a copy of the Agreement in the Records of the County Recorder.
11. DEFAULT.
11.1. Events of Default.
Subject to any written extension of time by mutual consent of the Parties,
and subject to the provisions of Section 8 regarding permitted delays, the uncured failure of
either Party to perform any material term or provision of this Agreement will constitute a default.
On written notice to a Party of its failure of performance, such Party will have forty-five (45)
days to cure such failure of performance; provided, however that if the nature of the failure of
performance is such that it cannot be cured within such period, then the diligent prosecution to
completion of the cure will be deemed to be cure within such period. Any notice of default
given hereunder will be in writing and specify in detail the nature of the alleged default and the
manner in which such default may be satisfactorily cured in accordance with this Agreement.
During the time period herein be in writing and specified for the cure of a failure of performance,
the Party charged with such failure of performance will not be considered to be in default for
LE DIAMOND HOLDINGS DA - 022817
12
purposes of termination of this Agreement or for purposes of institution of legal proceedings
with respect thereto and, if the Vested Party is the Party that has failed to perform, then the City
will not be excused from its performance under this Agreement during that period.
11.2. Remedies.
Upon the occurrence of a default under this Agreement and the expiration
of any applicable cure period, the non-defaulting Party will have such rights and remedies
against the defaulting Party as it may have at law or in equity including, without limitation, the
right to terminate this Agreement.
11.3. No Waiver.
The failure by a Party to insist on the strict performance of any of the
provisions of this Agreement by the other Party will not constitute a waiver of such Party’s right
to demand strict performance by such other Party in the future. All waivers must be in writing to
be effective or binding on the waiving Party and no waiver will be implied from any omission by
a Party to take action. No express written waiver of any default will affect any other default or
cover any other period of time except that specified in such express waiver.
11.4. Effect of Termination.
Termination of this Agreement by one Party due to the default of the other
Party will not affect any right or duty emanating from any then existing Land Use Entitlement or
approvals with respect to the Property, but the rights and obligations of the Parties will otherwise
cease as of the date of such termination. If the City terminates this Agreement because of a
default of the Vested Party, then the City will retain any and all benefits including, without
limitation, money or land received by the City hereunder. The obligations of Vested Party to
indemnify City shall survive any termination of this Agreement.
12. INCORPORATION BY REFERENCE.
12.1. Recitals.
The Recitals in this Agreement are material and are incorporated herein by
reference as though fully set forth herein.
12.2. Exhibits.
Any Exhibit to this Agreement is incorporated herein by reference as
though fully set forth herein.
13. APPLICABLE LAW.
This Agreement will be construed and enforced in accordance with the laws of the
State of California.
14. NO JOINT VENTURE, PARTNERSHIP OR THIRD PARTY BENEFICIARY.
The City and the Vested Party hereby renounce the existence of any form of joint
venture or partnership between them and expressly agree that nothing contained herein or in any
document executed in connection herewith will be construed as making the City and the Vested
LE DIAMOND HOLDINGS DA - 022817
13
Party joint venturers or partners. It is understood that the contractual relationship between the
City and the Vested Party is such that the Vested Party is an independent contractor and not an
agent of the City. Furthermore, this Agreement is not intended or construed to create any third
party beneficiary rights in any person who is not a party to this Agreement.
15. COVENANTS RUNNING WITH THE LAND.
All of the terms, provisions, covenants and obligations contained in this
Agreement will be binding upon the Parties and their respective successors and assigns, and all
other persons or entities acquiring all or any part of the Property, and will inure to the benefit of
such Parties and their respective successors and assigns. All the provisions of this Agreement
will be enforceable as equitable servitudes and constitute covenants running with the land
pursuant to applicable law including, without limitation, California Civil Code Section 1468.
Each covenant to or refrain from doing some act on the Property is expressly for the benefit of
the Property and is a burden upon the Property, runs with the Property and is binding upon each
Party and each successive Vested Party during its ownership of the Property or any part thereof,
and will benefit each Party and its property hereunder, and each Party succeeding to an interest
in the Property.
16. CONSISTENCY FINDING.
By approving and executing this Agreement, the City finds that its provisions are
consistent with the City’s General Plan and with the Diamond Specific Plan, and the City further
finds and determines that execution of this Agreement is in the best interests of the public health,
safety and general welfare of the City’s present and future residents, property owners and
taxpayers.
17. TERMS AND CONSTRUCTION.
17.1. Severability.
If any term, provision, covenant or condition of this Agreement is
determined to be invalid, void or unenforceable by judgment or court order, than the remainder
of this Agreement will 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
would frustrate the stated purposes of this Agreement.
17.2. Entire Agreement.
This Agreement contains all the representations and constitutes the entire
agreement between the City and the Vested Party as to each and all matters addressed herein.
Any prior correspondence, memoranda, agreements, warranties or representations, whether
written or oral, are superseded in total by this Agreement.
17.3. Signature Pages.
For convenience, the signatures of the Parties may be placed and
acknowledged on separate pages and, when attached to this Agreement, will constitute this
document as one complete Agreement.
LE DIAMOND HOLDINGS DA - 022817
14
17.4. Time.
Time is of the essence of this Agreement and of each and every term and
condition hereof.
17.5. Notices.
Any notice shall be in writing and given by delivering the same in person
or by sending the same by registered, or certified mail, return receipt requested, with postage
prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows:
If to City: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Facsimile: (951) 674-2392
With a copy to: Leibold McClendon & Mann PC
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
Attention: Barbara Leibold
Facsimile: (949) 585-6305
If to Vested Party: LE Diamond Holdings, LLC
13974 Boquita Drive
Del Mar, CA 92014
Attn.: Gary Jacobs
Facsimile: (858) 481-3792
With a copy to: The Law Offices of Edward Z. Kotkin
250 El Camino Real, Suite 102
Tustin, CA 92780
Attn.: Edward Kotkin
Facsimile: (714) 384-4550
Either City or Vested Party may change its mailing address at any time by giving written notice
of such change to the other in the manner provided herein at least ten (10) days prior to the date
such change is effected. All notices under this Agreement shall be deemed given, received,
made or communicated on the earlier of the date personal delivery is effected or on the delivery
date or attempted delivery date shown on the return receipt, air bill or facsimile.
18. CONSENT OF OTHER PARTIES.
The Vested Party may, at its discretion, elect to have other holders of legal,
equitable or beneficial interests in the Property or parts 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 interests in the Project is not a condition precedent to this Agreement.
LE DIAMOND HOLDINGS DA - 022817
15
19. ASSIGNMENT AND NOTICE.
19.1. Assignment (General)
The rights and obligations of Vested Party hereunder shall not be assigned
or transferred, except that on thirty (30) days written notice to City, Vested Party, may assign all
or a portion of Vested Party’s rights and obligations thereunder to any person or persons,
partnership or corporation who purchases all or a portion of Vested Party’s right, title and
interest in the Property, provided such assignee or grantee assumes in writing each and every
obligation of Vested Party hereunder yet to be performed, and further provided that Vested Party
obtains the consent of City to the assignment, which consent shall not be unreasonably withheld.
Any assignment pursuant to this Section 19 shall relieve Vested Party, as assignor, of any and all
rights and obligations hereunder in accord with the nature and scope of the assignment in
question.
19.2. Requirements of Notice, Consent
Provided the Vested Party’s thirty (30) day notice includes the assumption
by the assignee or grantee, the consent of the City shall be deemed to occur upon the thirtieth
(30th) day of the notice period unless within that period the City provides written notice
withholding consent and explaining the reasons it is withholding consent. The notice to City
shall include the identity of any such assignee and a copy of the written assumption of the
assignor’s obligations hereunder pertaining to the portion assigned or transferred. After such
notice and the receipt of such consent, the assignor shall have no further obligations or liabilities
hereunder.
19.3. Assignment to Affiliate as a Matter of Right
Notwithstanding anything in this Section 19 the Parties understand and
agree that Vested Party shall be permitted as a matter of right to assign all or a portion of Vested
Party’s rights and obligations hereunder to any Affiliate so long as Vested Party’s right, title and
interest in the Property, or corresponding portion thereof, is transferred to such Affiliate prior to
or concurrent with such assignment and such Affiliate assumes in writing each and every
obligation of Vested Party hereunder as to the Property, or corresponding portion thereof, yet to
be performed. City shall not have the authority to withhold consent to such an assignment
pursuant to this Section 19.3.
20. ENCUMBRANCES AND RELEASES ON REAL PROPERTY.
20.1. Discretion to Encumber.
The Parties agree that this Agreement will not prevent or limit the Vested
Party in any manner, at the Vested Party’s sole discretion, from encumbering the Property, or
any part of the same including, without limitation, improvement thereon, by any mortgage, deed
of trust or other security device securing financing with respect to the Property or the Project.
The City agrees that it will not unreasonably withhold its consent to any modification to this
Agreement requested by a lender so long as the modification does not materially alter this
Agreement to the detriment of the City.
LE DIAMOND HOLDINGS DA - 022817
16
20.2. Entitlement to Written Notice of Default.
Any lender of the Vested Party which has filed a written request with the
City for notice of default of Vested Party will be entitled to receive written notification from the
City of any uncured default by the Vested Party in the performance of the obligations of the
Vested Party under this Agreement.
20.3. Property Subject to Pro Rata Claims.
Any mortgagee or beneficiary which 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, will take the Property or part thereof, subject to (i) any pro rata claims
for payments or charges against the Property or part thereof secured by such mortgage or deed of
trust, which accrued prior to the time that such mortgagee or beneficiary comes into possession
of the Property or part thereof; and (ii) the terms and conditions of the Agreement.
21. CONSTRUCTION, NUMBER AND GENDER.
This Agreement will be construed as a whole according to its common meaning
and not strictly for or against either Party in order to achieve the objectives and purposes of the
Parties hereunder. Whenever required by the context of this Agreement, the singular will include
the plural and vice versa, and the masculine gender will include the feminine and neuter genders.
In addition, “will” is the mandatory and “may” is the permissive.
22. INSTITUTION OF LEGAL ACTION.
In addition to any other rights or remedies, either Party may institute legal action
to cure, correct or remedy any uncured default, to enforce any covenants or agreements herein, to
enjoin any threatened or attempted violation thereof or 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 will be entitled to recover from the losing Party, reasonable
litigation expenses, attorneys’ fees and costs incurred. The Parties acknowledge that if a breach
of this Agreement by the City occurs, irreparable harm is likely to occur to the Vested Party and
damages may be an inadequate remedy. Therefore, to the extent permitted by law, the Parties
agree that specific enforcement of this Agreement by the Parties is an appropriate and available
remedy, in addition to any and all other remedies which may be available to the Parties under
law or at equity.
23. INDEMNIFICATION.
The Vested Party agrees to and will hold the City, its officers, agents, employees,
officials, commissions, councils, committees, boards and representatives harmless from liability
for damage or claims for damage for personal injury, including death and claims for property
damage which may arise out of Vested Party’s negligence with respect to its direct or indirect
activities with respect to the Project. Vested Party agrees to and will defend the City and its
officers, agents, employees, officials, commissions, councils, committees, boards and
representatives from actions for any damages caused by or alleged to have been caused by
reasons of the Vested Party’s activities with respect to the Project. The obligation of Vested
Party to indemnify the City hereunder shall survive any termination of this Agreement. In the
event and course of any indemnification by Vested Party pursuant to this Section 23, Vested
LE DIAMOND HOLDINGS DA - 022817
17
Party shall have the right to select legal counsel and any experts or consultants deemed necessary
and appropriate by Vested Party subject to City’s approval which shall not be unreasonably
withheld. This “hold harmless” agreement applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the activities of Vested Party.
24. RIGHT OF ENTRY/ENCROACHMENT PERMITS.
It may be that entry on property adjacent to the Property will be required in order
for Vested Party to complete the Development of the Project. City shall cooperate with Vested
Party in any effort to obtain any required right of entry or encroachment permits. Vested Party
shall reimburse City for any legal or other expense incurred by City in City’s performance under
this Section 25.
25. PROCESSING OF APPLICATIONS AND PERMITS.
City will accept and process the any and all applications for Land Use
Entitlements on as expedited a basis as may prove practicable, with each Party using its best and
good faith efforts to achieve this result. Vested Party may request that City utilize private
contract planners, plan checkers or inspectors and any other available means to expedite the
processing of the applications for Land Use Entitlements hereunder, including concurrent
processing of such applications by various City departments. Vested Party shall reimburse City,
on a deposit-based cost recovery system, for all costs of processing Land Use Entitlements by
City staff and/or private contractors.
26. FINANCING OF IMPROVEMENTS.
26.1. Potential Improvements Financing District.
Upon request by Vested Party, City shall commence its best efforts to
form a capital improvements financing district to assist Vested Party in funding the Development
of the Project to the maximum extent necessary, including without limitation the Development of
any and all Project-Related Improvements and City development impact fees (e.g., TIF, Fire,
Parks, City Hall, etc.) that can reasonably be included within said district in conformance with
the Diamond Specific Plan and applicable laws; provided, however, that permit fees and MSHCP
fees cannot be financed and TUMF fees can be financed only through the Western Riverside
Council of Governments (WRCOG).
26.2. Maintenance Financing District.
In accordance with Condition 172 of the Conditions of Approval
(Attachment No. 5), prior to the issuance of the first building permit, the Vested Party shall
consent to the formation of Community Facilities District or annex into the proposed Community
Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and
maintenance of the public right of way landscaped areas and neighborhood parks to be
maintained by the City and for street lights in the public right of way for which the City will pay
for electricity and a maintenance fee to Southern California Edison, including parkways, open
space and public storm drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project. Vested Party shall, make
a ten thousand dollar ($10,000) non-refundable deposit to cover the cost of the formation or
annexation process, as applicable.
LE DIAMOND HOLDINGS DA - 022817
18
IN WITNESS WHEREOF, City and Vested Party have executed this Agreement
as of the date first hereinabove written.
“CITY”
CITY OF LAKE ELSINORE,
a municipal corporation
By:
Robert E. Magee, Mayor
ATTEST:
By:
Susan M. Domen, CMC City Clerk
APPROVED AS TO FORM:
By:
Barbara Leibold, Esq.,
City Attorney
“VESTED PARTY”
LE DIAMOND HOLDINGS, LLC
a California limited liability company
By:
Name:
Title:
By:
Name:
Title:
APPROVED AS TO FORM:
THE LAW OFFICES OF EDWARD Z. KOTKIN
By:
Edward Z. Kotkin, Esq.
LE DIAMOND HOLDINGS DA - 022817
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
LE DIAMOND HOLDINGS DA - 022817
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
LE DIAMOND HOLDINGS DA - 022817
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
ATTACHMENT NO. 1
PROPERTY LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows:
PARCEL A:
LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THE NORTHERLY 60 FEET AND THAT PORTION LYING EASTERLY OF THE
SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF
DIAMOND DRIVE, FORMERLY KNOWN AS KUHNS STREET (60 FEET WIDE) AS
SHOWN ON SAID HEALDS FIRST ADDITION TO ELSINORE; SAID SOUTHERLY
PROLONGATION TERMINATING AT THE SOUTHERLY LINE OF SAID LOT 1, BLOCK
6 OF SAID HEALDS FIRST ADDITION TO ELSINORE.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL B:
THE NORTHERLY 60 FEET OF LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO
ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE
205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA.
PARCEL C:
LOTS 2, 3 AND 4 AND THE SOUTHERLY 10 FEET OF LOT 5, BLOCK 6 OF HEALDS
FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308
AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
PARCEL D:
LOT 6 AND THE SOUTHERLY 50 FEET OF LOT 7 AND THE NORTHERLY 40 FEET OF
LOT 5, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL E:
LOTS 8 AND 9 AND THE SOUTHERLY 30 FEET OF LOT 10 AND THE NORTHERLY 10
FEET OF LOT 7, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL F:
LOTS 11 AND 12 AND THE SOUTHERLY 2 FEET OF LOT 13 AND THE NORTHERLY 20
FEET OF LOT 10, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL G:
LOTS 14 AND 15 AND THE NORTHERLY 40 FEET OF LOT 13, BLOCK 6 OF HEALDS
FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308
AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY; CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
PARCEL H:
LOTS 16 AND 17, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
PARCEL J:
PARCEL 1 OF PARCEL MAP 27852, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES
19 THROUGH 24, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 2
ATTACHMENT NO. 2
TITLE REPORT EXHIBIT LAND OWNERSHIP
(ATTACHED)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 3
ATTACHMENT NO. 3
SELECTED ANALYSIS OF ESTIMATED PERMIT FEES
(ATTACHED)
CITYOFLAKEELSINORE,CALIFORNIASELECTEDANALYSISOFESTIMATEDPERMITFEESLAKEELSINOREDIAMONDSPORTSCOMPLEXǦDIAMONDDRIVE,LAKEELSINORE,CA
Ǧͳ Ͷ͵Ͳǡͺͳ
Ǧʹ ͺͻǡͲʹ͵Totalͷͳͻǡͺ͵ͻLAKEELSINOREDIAMONDSPORTSCOMPLEX(519,839sf)REVISEDAMOUNTFEESDUEPAIDTO CASHorFINANCEDFeesDueatPermit FeesDueatCOOFeesPaidDirectlyto3rdParties COMMENTSWRCOG,RCA,RCHCA(GOVTAGENCIES)**̵
ȋȌͳͳǡͲͲͲǤͲͲ̈́ ͳͳǡͲͲͲǤͲͲ̈́ Ǧ̈́ Ǧ̈́ ͵ ͳͶͻǡͳͲǤͲͲͳͶͻǡͳͲǤͲͲ Ǧ Ǧ ͵ ȋ ȌͳǡͺͲͷǡͳͳͻǤͲͶ ȋ
Ȍ
ǤǤ ǤǤ
ȋǣȀȀ ǤȀ Ǧ ǦȀǦǦ ǦǦȋ ȌǤȌǦ ͳǡͺͲͷǡͳͳͻǤͲͶǦ ͵ ȋ Ȍ͵͵ǡͲͲǤ͵ ȋ
Ȍ
ǤǤ ǤǤ
ȋǣȀȀ ǤȀ Ǧ ǦȀǦǦ ǦǦȋ ȌǤȌǦ͵͵ǡͲͲǤ͵Ǧ ͵
ǡǡ ȋ
Ȍ ʹǡ͵͵ͺǡʹͺͷǤͶͳͳͲǡͳͲǤͲͲʹǡͳͺǡͳʹͷǤͶͳǦCITY ǦͶʹͲǤͲͲ ǦʹͲǤͲͲǦ
Ǧ ͵ͷǡͲͲͲǤͲͲ Ǧ͵ͷǡͲͲͲǤͲͲǦ
Ǧ ʹͲǡͲͲͲǤͲͲ ǦʹͲǡͲͲͲǤͲͲǦ
͵ͻǡͷͷǤͶ ͷǡͲͲͲǤͲͲ͵ͶǡͷͷǤͶǦ ʹǤͲ ǦʹǤͲǦ ʹͲǡʹͷͺǤ͵ͺ ǦʹͲǡʹͷͺǤ͵ͺǦ
Ͷ ǦǦǦ
ͷʹǡͺͻͶǤͲͷ ǦʹǡͺͻͶǤͲͷǦ Ǧ
ͳͶͺǡͶͲͻǤͲʹ ǦͳͶͺǡͶͲͻǤͲʹǦ Ǧ
ͳͻǡͺͺǤͲ ǦͳͻǡͺͺǤͲǦȋǡǡǡ ȌͶͷǡͺʹͲǤͲͲ ǦͶͷǡͺʹͲǤͲͲǦ ȋ ȌʹͶǡͺ͵ǤʹͲ ǦʹͶǡͺ͵ǤʹͲǦ ȋ ȌͳʹͻǡͲͺ͵Ǥ͵ͷ ǦͳʹͻǡͲͺ͵Ǥ͵ͷǦ ͳͷǡʹͶͲǤͲͲ ǦͳͷǡʹͶͲǤͲͲǦͷͳǡͻͺ͵ǤͻͲ Ǧͷͳǡͻͺ͵ǤͻͲǦ ͻ͵ǡͲͲǤͲͲ Ǧͻ͵ǡͲͲǤͲͲǦ ǦͶʹͲǤͲͲ ǦʹͲǤͲͲǦ ͳʹͲǤͲͲ ǦͳʹͲǤͲͲǦ ǦǦǦ ǦǦǦ ǦǦǦ ʹǡͲͲͶǡͷͺͺǤͶͳͷǡͲͲͲǤͲͲͳǡͻͻͻǡͷͺͺǤͶͳǦ Ǧ Ͷǡ͵Ͷʹǡͺ͵Ǥͺʹ̈́ͳͷǡͳͲǤͲͲͶǡͳǡͳ͵ǤͺʹǦWATER/SEWERDISTRICT(EVMWD)**ǦʹͳͲǡ͵ͺͻǤͲ̈́ ǤʹͷΨ Ǥ ǡ ǤͳǦ Ǧ ʹͳͲǡ͵ͺͻǤͲ ȋȌǤ̶̶ǤǦ ʹǡͳͲʹǡͲͺͺǤͻ ǤʹͷΨ Ǥ ǡ ǤͳǦ Ǧ ʹǡͳͲʹǡͲͺͺǤͻ ȋȌǤ̶̶ǤǦ ʹǡ͵ͳʹǡͶͺǤǦǦ ʹǡ͵ͳʹǡͶͺǤSCHOOLDISTRICT(LEUSD)*** ʹͻͳǡͳͲͻǤͺͶ ȋ ȌǦǦʹͻͳǡͳͲͻǤͺͶ ȋȌǤ ǤǦ ʹͻͳǡͳͲͻǤͺͶǦ Ǧ ʹͻͳǡͳͲͻǤͺͶ
ǡͻͶǡͶʹǤ͵ʹ̈́ͳͷǡͳͲǤͲͲ̈́ Ͷǡͳǡͳ͵Ǥͺʹ̈́ ʹǡͲ͵ǡͷͺͺǤͷͲ̈́ȗȗ Ǥ Ǥȗȗȗ Ǥ Ǥͳǣ ̵
Ǥ Ǥ Ǥ
ǡǤ
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 4
ATTACHMENT NO. 4
FINANCIAL RESPONSIBILITY
(ATTACHED)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 5
ATTACHMENT NO. 5
CONDITIONS OF APPROVAL
(ATTACHED)