HomeMy WebLinkAboutPardee Homes Development Agreement Cottonwood Canyon .-� AIM%
BEST, BEST & KRIEGER
A PAFITNENSMIP INCLUDING P EMIONAI-DORPGFIATIONS
LAWYERS
600 EAST TAHOUITZ WAY
ARTHUR L.LITTLEWORTH' CLARK H.ALSOP JEANNETTE A.PETERSON MOIRA E.UMEMORI POST OFFICE 60X 2710
GLEN E.STEPHENS* DAVID J.ERWIN' TERI L.VOLLNOGLE ELLEN C.SPIELMAN
WILLIAM R.DEWOLFE' MICHAEL J.ANDELSON' BRIAN M.LEWIS GLEN H.WALLACE PALM SPRINGS,CALIFORNIA 92263
BARTON C.GAUT' DOUGLAS S.PHILLIPS' BRADLEY E.NEUFELD KIRK W.SMITH TELEPHONE(619)325-7264
PAUL T.SELZER' ANTONIA GRAPHOS GEOFFREY K.WILLIS KLYSTA J.POWELL TELECOPIER(619)325-0365
DALLAS HOLMES* GREGORY K.WILKINSON KANDY LEE ALLCN JASON D.DABAREINER
CHRISTOPHER L.CARPENTER' WYNNE S.FURTH ELISE K.TRAYNUM HAVID A.
PREN I
RICHARD T.ANDERSON' DAVID L.BARON WILLIAM D.DAHLING,JR. DAVID A.PRENTICE OF COUNSEL
JOHN D.WAHLIN* VIRGINIA A.ETTINGER TERESA J.PRISTOJKOVIC KYLE A.SNOW
MICHAEL D.HARRIS' EUGENE TANAKA VICTORIA N.KING MARK A.EASTER DAMES B.CORiSON
W.CURT EALY' BASIL T.CHAPMAN MATT H.MORRIS DIANF.L.FINLEY RICHARD A.OSHINS'
THOMAS S.SLOVAK* TIMOTHY M.CONNOR* JEFFREY V.DUNN MICHELLE OUELLETTE STEPHEN P.DEITSCH
JOHN E.BROWN' VICTOR L.WOLF STEVEN C.DEBAUN TIMOTHY W.SESLER RUSSELL J.THOMAS,JR.
MICHAEL T.RIDDELL' DANIEL E.OLIVIER BRANT H.DVEIRIN PAUL C.ANDERSON
MEREDITH A.JURY' DANIEL J.McHUGH ERIC L.GARNER PETER M.BARMACK -ADMITTED IN NEW VOOK NEVADA,
MICHAEL GRANT' MARC E.EMPEY DENNIS M.COTA WASNINDT ,D.C.COUNT OF CWMa
FRANCIS J.BAUM' JOHN R.ROTTSCHAEFER HAROLD W.HOPP
ANNE T.THOMAS* MARTIN A.MUELLER JULIE HAYWARD BIGGS OFFICES IN
D.MARTIN NETHERY' J.MICHAEL SUMMEROUR RACHELLE J.NICOLLE
GEORGE M.REYES HOWARD B.GOLDS ROBERT W.HARGREAVES RIVERSIDE(714)686-1450
WILLIAM W.FLOYD,JR. MARGARET F.TANAKA JANICE L.WEIS RANCHO MIRAGE(619)568-2611
MICHAEL A.CRISTE' JEFFERY J.CRANDALL CHRISTIAN E.HEARN RAYMOND BEST(1868-1957) ONTARIO(714)989-8584
GREGORY L.HARDKE SCOTT C.SMITH SHARY L.WALKER DAMES H.KRIEGER(1913-1975)
KENDALL H.MACVEY JACK B.CLARKE PATRICK W.PEARCE EUGENE BEST(1893-1981)
•A P ESSIONAIL ConPORAn
January 23, 1991
VIA TELECOPIER - HARD COPY TO FOLLOW
CITY OF 1_AKP ELSINORE
Mr. Dave Gunderman P%:t4EIVE.D
Director of Community Development
City of Lake Elsinore JAN 2 4 1991
130 South Main Street
Lake Elsinore, CA 92330
PLANNING DEPT.
John Harper, Esq.
City Attorney
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
Re: Protest filed by Pardee-Grossman/Cottonwood Canyon
Dear Messrs. Gunderman and Harper:
We have received but not yet deposited the sum of
$813, 684 . 06 delivered by the City of Lake Elsinore (the "City") to
the Riverside County Habitat Conservation Agency ("RCHCA") pursuant
to the "pay and go" provisions of the Implementation Agreement
dated August 1, 1990, as amended, and the Agreement Regarding
Allocation of Take dated July 23, 1990, as amended. We have also
received a letter dated January 17, 1991, from Sandler and Rosen,
attorneys for Pardee-Grossman/Cottonwood Canyon ("Pardee")
protesting the payment of said sum to the RCHCA under Government
Code Section 66020, and incorporating by reference certain protest
letters and documents sent to the City. A copy of such letter only
is attached.
The "pay and go" or "special allocation" provisions are
set forth in Section 4 .A. (7) (c) of the Implementation Agreement and
Section 3 of the Agreement Regarding Allocation of Take. These
provisions indicate that this is a special allocation of Permitted
Take available to any City or the County at the election of such
DE06045 CONTRACT /AGREEMENT # 750
LAW OFFICES OF
BEST, BEST & KRIEGER
Mr. Dave Gunderman
John Harper, Esq.
January 23 , 1991
Page 2
City or County. The allocation of Permitted Take from the RCHCA is
made to the requesting City or County, not to the developer to whom
the City or County may itself thereafter allocate the Permitted
Take. Such Permitted Take is in excess of the semi-annual
allocation of Permitted Take under Section 2 of the Agreement
Regarding Allocation of Take, although it is credited against the
City' s maximum allocation of take (352 acres) . Because of the
elective nature of this special allocation, the RCHCA cannot agree
to accept or deposit any funds or to make any special allocation of
Permitted Take to the City under protest. To do so would place the
RCHCA in jeopardy of first allocating special take to the City
under an elective and voluntary portion of the allocation program
and thereafter facing the possibility of defending a lawsuit and
paying damages to a developer to whom the City allocated such take.
This the RCHCA will not do.
Accordingly, if the City desires to obtain a special
allocation of 58 . 53 acres of Permitted Take notwithstanding the
protests filed by Pardee, the RCHCA will require that the City
agree to defend and hold the RCHCA free and harmless from any
costs, expense, damage or liability relating to the receipt of
$813 , 684 . 06 from the City and the allocation of Permitted Take
pursuant thereto. Such indemnification obligation shall include
all attorneys ' fees and court costs incurred in defending any such
action brought by Pardee or its successors or assigns against the
RCHCA or its successors and assigns.
If the City does not desire to fully defend and hold the
RCHCA free and harmless from all such costs, liabilities and
expenses relating to this matter, the RCHCA shall immediately
return the $813 , 684 . 06 which has been paid under protest, and the
City shall not be entitled to a special allocation of 58 . 53 acres
of Permitted Take pursuant to the applicable provisions of the
Implementation Agreement and the Agreement Regarding Allocation of
Take. In such event, I would suggest that the City immediately
notify Pardee and its counsel of the suspension of any privilege or
right to take 58 . 53 acres of land occupied by SKR pursuant to the
special allocation of Permitted Take provisions of the
Implementation Agreement and the Agreement Regarding Allocation of
Take. Failure to do so would appear to result in a breach of
contract by the City of the terms of the Implementation Agreement
and the Agreement Regarding Allocation of Take.
If the City desires to obtain a special allocation of
58 . 53 acres of Permitted Take notwithstanding the protest lodged by
Pardee, please have the appropriate officer of the City execute the
enclosed copy of this letter acknowledging its indemnification
DE06045
_ LAW OFFICES OF
BEST, BEST & KRIEGER
Mr. Dave Gunderman
John Harper, Esq.
January 23, 1991
Page 3
responsibilities. Such acknowledgment should be returned to me as
soon as possible, but in all events by February 1, 1991.
Should you have any questions, please do not hesitate to
contact me.
Sincerely,
BEST, BEST & KRTEGER
i
Daniel E. Olivier
DEO/ks
cc: Brian Loew
The City of Lake Elsinore has read and understands the
terms of this letter and hereby agrees to defend, indemnify and
hold the RCHCA, its successors and assigns, free and harmless from
any and all expenses, costs, damages and liabilities, including
actual attorneys' fees and costs, resulting from or arising out of
receipt and acceptance by the RCHCA of the sum of $813 . 684 .06 from
the City and the resulting special allocation of 58 .53 acres of
Permitted Take pursuant to the applicable provisions of the
Implementation Agreement and Agreement Regarding Allocation of
Take.
A
CITY LAKE ELSINORE
.
Dated B� ` � � � � y
r
Dated `� I C( By:2L(k" )Lj
Secretary
DE06045
/�ItA� G� 1.4�¢ �•�i1HG f4
130 SOUTH MAIN SfREET
LAKE ElS1NOilE,d,d'92330 f
w�
M
DEVELOP-'IENT AGREEMENT
BETWEEN THE
CITY OF LAKE ELSINORE
AND
PARDEE—GROSSMAN/COTTONWOOD CANYON
Contract and Agreement No. 667
2f5632
TABLE OF CONTENTS
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF LAKE ELSINORE
AND
PARDEE-GROSSMAN/COTTONWOOD CANYON
Page No.
1. PARTIES AND DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . 1 Developer's Interest in Property. . . . . . . . . . 1
2 . 2 Development Agreement Fee. . . . . . . . . . . . . . . . . 1
2 . 3 Environmental Report. . . . . . . . . . . . . . . . . . . . . . 2
2 . 4 Development Approvals. . . . . . . . . . . . . . . . . . . . . 2
2 . 5 Approval of Development Agreement. . . . . . . . . 2
2 . 6 Legal Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2 .7 Consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3 . DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 . PROPERTY COVERED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5. INTEREST OF DEVELOPER. . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 . DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 . 1 Effective Date and Term. . . . . . . . . . . . . . . . . . . 9
6. 2 Scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6. 3 Periodic Review. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6. 4 Certification of Completion. . . . . . . . . . . . . . . 12
7 . VESTED RIGHT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 . 1 Acknowledgment of Vested Right. . . . . . . . . . . . 12
7 . 2 No Conflicting Enactments. . . . . . . . . . . . . . . . . 13
7. 3 Intent of Parties. . . . . . . . . . . . . . . . . . . . . . . . . 13
[Revised 5-7-90] i
265632
8 . GENERAL DEVELf)PMENT OF THE PROJECT. . . . . . . . . . . . . 14
8 . 1 Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.2 Phasing of Developments. . . . . . . . . . . . . . . . . . . 15
8. 3 Reservations or Dedications. . . . . . . . . . . . . . . 15
8.4 Administrative Changes and Amendments. . . . . 16
9. RULES, REGULATIONS AND OFFICIAL POLICIES. . . . . . . 17
9. 1 Effect of Agreement on Land Use
Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9. 2 Modified Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 . 3 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.4 Comparative Evaluation. . . . . . . . . . . . . . . . . . . . 21
9. 5 Subsequent Actions and Approvals. . . . . . . . . . 21
9. 6 State and Federal Laws. . . . . . . . . . . . . . . . . . . . 21
9.7 Unforeseen Circumstances. . . . . . . . . . . . . . . . . . 23
10. COOPERATION AND COVENANT OF FURTHER ASSURANCES. 24
10. 1 Third Party Actions. . . . . . . . . . . . . . . . . . . . . . . 24
10. 2 Further Assurances. . . . . . . . . . . . . . . . . . . . . . . . 25
10. 3 Processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10. 4 Governmental Permits. . . . . . . . . . . . . . . . . . . 26
10. 5 Financing of Public Facilities
and/or Services. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
10. 6 Utilities Coordination. . . . . . . . . . . . 28
10.7 Covenant of Good Faith and Fair Dealing. . . 28
10. 8 Stephens Kangaroo Rat. . . . . . . . . . . . . . . . . . . . . 28
11. PERMITTED DELAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
12. ESTOPPEL CERTIFICATES. . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 . RECORDATION BY CITY CLERK. . . . . . . . . . . . . . . . . . . . . . 30
14 . DEFAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14 . 1 Events of Default. . . . . . . . . . . . . . . . . . . . . . . . . 30
14 . 2 Default by City. . . . . . . . . . . . . . . . . . . . . . . . . . . 32
14 . 3 No Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
14 . 4 Effect of Termination. . . . . . . . . . . . . . . . . . . . . 32
15. ENFORCED DELAY AND EXTENSION OF TIME OF
PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
16. APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17 . NO JOINT VENTURE OR PARTNERSHIP. . . . . . . . . . . . . . . . 33
18 . ADDRESSES FOR NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . 34
[Revised 5-7-90] ii
265632
19. ASSIGNMENT AND NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . 35
20. ENCUMBRANCES AND RELEASES OF REAL PROPERTY. . . . . 36
20. 1 Discretion to Encumber. . . . . . . . . . . . . . . . . . . . 36
20.2 Subordination to Liens and Conveyances. . . . 37
20.3 Entitlement to Written Notice of Default. . 37
21. AFFORDABLE HOUSING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
22 . CONSISTENCY FINDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
23 . CONSENT OF OTHER PARTIES. . . . . . . . . . . . . . . . . . . . . . . 38
24 . RELEASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
25. OPERATING MEMORANDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
26. INSTITUTION OF LEGAL ACTION. . . . . . . . . . . . . . . . . . . . 40
27 . INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
28 . INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
29 . TERMS AND CONDITIONS— . . . . . . . . . . . . . . . . . . . . . . . . . 42
29. 1 Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . 42
29. 2 Signature Pages. . . . . . . . . . . . . . . . . . . . . . . . . . . 42
29. 3 Time. . . . o . . . . . . . — 000 . 00 . - 000 . . . . . . . . . . oo . 43
EXHIBITS
EXHIBIT A: Legal description of the Property
EXHIBIT B: City ordinance adopting Specific Plan
EXHIBIT C: City ordinance adopting General Plan amendment
EXHIBIT D: Conditions of Approval for Specific Plan 88-1
(Cottonwood Hills)
EXHIBIT E: Addendum Re: Implementation of Conditions
[Revised 5-7-90] iii
2CSG32
1 DEVELOPMENT AGREEMENT BETWEEN
2 THE CITY OF LhXE ELSINORE
3 AND PARDEE-GROSSMAN/COTTONWOOD CANYON
4
5 1. PARTIES AND DATE
6 The parties to this Development Agreement ('Agreement") are
7 the City of Lake Elsinore, California, a municipal corporation
8 and political subdivision of the State of California ("'City"') ,
9 and PARDEE-GROSSMAN/COTTONWOOD CANYON, a general partnership
10 organized and existing under the laws of the State of California
11 ("Developer') . The project to which this Agreement applies is
12 commonly known as Cottonwood Hills. This Agreement is made and
13 entered into on July 9 . 1990 with reference to the following
14 facts:
15
16 2 . RECITALS
17 2 . 1 Developer's Interest in Property. Developer has an
18 option to purchase certain real property located in the County of
19 Riverside, California, more particularly described in Exhibit
20 "A, " attached hereto and incorporated herein by reference ("the
21 Property") . Developer has an equitable interest in the Property.
22
The Property constitutes approximately 1,968.7 acres of
23 undeveloped land in the western portion of Riverside County. The
24 Property is located between Interstates 15 and 215.
25 2.2 Development Agreement Fee. Developer has agreed to pay
26 City a development agreement fee equal to $2 , 000 times the number
27
of residential building permits to be issued to Developer under
28
this Agreement, subject to the credits set forth in this section.
002P33DA.010 1
)5-9-90)
2ESG32
1 Developer has agreed to undertake responsibility for construction
2 of Railroad Canyon Road as set forth in this Agreement. City
3 acknowledges that the value to City for such undertaking is at
4 least $1, 000 times the number of residential building permits to
5 be issued to Developer under this Agreement. City agrees
6 therefore that Developer is entitled to a credit against the
7 $2 ,000 per residential building permit fee of $1, 000 per
8 residential building permit. in light of the foregoing, the
9 parties agree that Developer will pay a development agreement fee
10 to City of $1, 00o per residential building permit issued pursuant
11 to this Agreement. Said fee shall be paid at the time of issuance ,
12 of each building permit.
13 2 . 3 Environmental Report. An Environmental Impact Report
14 has been submitted to City in connection with the Specific Plan,
15 General Plan amendment, sphere amendment, City annexation, and
16 Phase 1 Vesting Tentative Map applications. �
17 2 . 4 Development Approvals. Developer submitted and City
18 considered and approved a Specific Plan covering all of the
19 Property. The Specific Plan addresses conformance with General
20 Plan policies and objectives and provided the basis for a General
21 Plan amendment enacted by the City. The Specific Plan includes
22 prezoning for the Property and provision for municipal services.
23 On March 14 , 1989, the City Council adopted the Cottonwood Hills
24 Specific Plan (S.P. 88-1) by duly enacted ordinance and adopted
25 Conditions of Approval for Specific Plan 88-1 (Cottonwood Hills) .
26 On March 14 , 1989, the City Council also enacted an amendment to
27 the General Plan consistent with the Specific Plan. Copies of
28 the resolutions of the City Council adopting the Specific Plan
002P3BDA.010 2
(5-9-901
265632
1 and the General Plan amendment are attached hereto as Exhibits
2 RBO and NC. 0 A copy of the Conditions of Approval For Specific
3 Plan 88-1 (Cottonwood Hills) is attached hereto as Exhibit OD- 0
4 Developer has submitted a Vesting Tentative Map for Phase 1 of
5 the Specific Plan which was approved by the City.
6 2 .5 Approval of Development Agreement. On April 5 ,
7 1990, the Planning Commission of City, after giving notice
8 pursuant to Government Code sections 65854 , 65854 . 5, 65856, and
9 section 17 92 n2o of the City of Lake Elsinore Municipal Code
10 held a public hearing on the application for this Development
11 Agreement. The City Council of City, after providing public
12 notice as required by law, similarly held a public hearing on
13 April 24 , 1990. On May 22 1990, the City
14 Council of City adopted Ordinance No. 891 approving the
15 Development Agreement with Developer and the Ordinance thereafter
16 took effect on June 22, , 1990.
17 2 . 6 Legal Authority. California Government Code Sections
18 65864 et sect. authorize City to enter into binding development
19 agreements in connection with the development of real property
20 within City. This Agreement is made and entered into pursuant to
21 those provisions of state law and local regulations.
22 2 .7 Consideration.
23 (a) Constructing the Cottonwood Hills project pursuant
24 to city's Approved Specific Plan will require major investment by
25 Developer in public facilities and on-site and off-site
26 improvements. The Development has been analyzed and reviewed by
27 City as part of its process of granting development approvals in
28 light of the enacted land use standards and policies of City
OOZP3BDA.020 3
(5-9-90J
1 embodied in its Existing Land Use Ordinances and pursuant to state
2 law, including but not limited to CEQA. City has determined that
3 entry into this Agreement will further the goals and objectives of
4 City's land use planning policies by eliminating uncertainty in
5 planning for the orderly Development of the Project so that
6 adequate long term plans regarding the provision of necessary
7 infrastructure for existing and future City residents can be
8 developed and implemented. Further, the maximum effective
9 utilization of resources within City will be pursued at the least
10 economic cost to its citizens. City acknowledges that the Project
11 is and shall be considered a single, integrated development
12 project, that each phase of the Project is dependent upon the
13 completion and occupancy of each other phase, and that the
14 viability of each phase of the Project is and shall be dependent
15 upon the completion and occupancy of each other phase and the full
16 performance of this Agreement. The benefits conferred by
17 Developer herein will facilitate the installation of certain vital
18 public improvements and will help increase traffic capacity for
19 the road system of City, both of which will significantly promote
20 the health, safety and general welfare of existing and future City
21 residents.
22 (b) In exchange for these benefits to City and its
23 residents, City desires to make a commitment to Developer that
24 Developer may proceed to develop the Project in accordance with
25 Existing Land Use Ordinances, and its existing financial and
26 contractual commitments, and at a rate of development of its
27 choosing, subject to the terms and conditions contained in this
28 Agreement. The assurances provided by City and Developer to each
00ZP33DA.010 4
(5-9-90]
2f;5G32
1 other herein and provided pursuant to and as contemplated by
2 statute, were bargained for and given in consideration for the
3 undertakings of the parties, and are intended to be and have been
4 relied upon by the parties to their detriment.
5 (c) City and Developer agree that the amenities and
6 improvements being provided by Developer and others as part of the
7 planning, financing and construction of the project will result in
8 substantial general public benefit. A description of those
9 amenities and improvements is set forth in the Specific Plan,
10 General Plan Amendment, and Conditions of Approval .
11 (d) Because of the complexities of financing an urban
12 infrastructure, certainty in the development process is an
13 absolute necessity. The phasing, timing and development of public
14 infrastructure including community parks, fire station, roads,
15 signals, neighborhood parks, sewer and water facilities, other
16 utilities, and open space maintenance necessitates a significant
17 commitment of resources, planning and effort by Developer in order
18 for the public facilities financing to be successfully completed.
19 Accordingly, City desires to make a commitment for certainty in
20 the development process.
21 (e) City acknowledges that Developer would not enter
22 into this Agreement, and would not consent to annexation of the
23 Property by City, or agree to provide the public benefits and
24 improvements described in this Agreement (which exceed the public
25 improvements Developer would be required to provide as part of the
26 normal subdivision process) , if it were not for the agreement of
27 City that the Property can be developed in accordance with
28 Existing Land Use Ordinances throughout the term of this Agreement
00MBDA.010 5
(5-9-90)
2C5632
i
1 and the commitment of City in good faith to pursue public
2 infrastructure financing.
3 (f) City acknowledges that it would not be economically
4 feasible for Developer or any other developer to develop the
5 Property and incur the obligations required, pursuant to this
6 Agreement without having the assurances as provided herein that
7 Developer will be able to develop the Property consistent with the
8 Specific Plan submitted by Developer and the terms hereof.
9 (g) In consideration for City's entering into this
10 Agreement and the uses permitted herein, Developer agrees that it
11 will comply with all the Conditions of Approval during the time
12 this Agreement is in full force and effect. The parties
13 acknowledge that this Agreement is a material consideration for
14 Developer's acceptance of the Conditions of Approval.
15
16 3 . DEFINITIONS
17 3 . 1 "'Agreement" means this Development Agreement made and
18 entered into by and between the City and Developer in accordance
19 with applicable state laws and local regulations.
20 3 .2 "CEQA" means the California Environmental Quality Act of
21 1970 (California Public Resources Code Section 21000 it- sea. ) and
22 the State CEQA Guidelines (California Code of Regulations, Title
23 14 , Section 15000 gt sea. ) .
24 3 . 3 "City" means the City of Lake Elsinore, including its
25 officials, officers, employees, commissions, committees and
26 boards.
27 3 . 4 OCity Council"' means the duly elected City Council of
28 the City of Lake Elsinore.
00ZP3BDA.010 6
(5-9-901
2E5G32
1 3 . 5 "Developer" means PARDEE-GROSSMAN/COTTONWOOD CANYON and
2 its successors in interest to all or any part of the Property.
3 3 . 6 "Development" means the improvement of the Property for
4 the purposes of constructing and otherwise effecting the
5 structures, improvements and facilities comprising the Project as
6 set forth in this Agreement, including but not limited to grading,
7 the construction of infrastructure and public facilities related
8 to the Project (whether located within or outside the Property) ,
9 the construction of structures and buildings and the installation
10 of landscaping.
11 3 . 7 "'Development Approval (s) l means the Specific Plan,
12 General Plan Amendment, and Conditions of Approval as in effect on
13 the date of this Agreement.
14 3 . 8 "'Effective DateN means the date described in Section 6. 1
15 of this Agreement.
16 3 . 9 NEZR" means an environmental impact report prepared in
17 accordance with the provisions of CEQA.
18 3 . 10 "Existing Land Use Ordinances" means the Specific Plan,
19 as in effect on the date of this Agreement, and, to the extent
20 applicable and not inconsistent with the Specific Plan, the City's
21 rules, ordinances, regulations, laws, official policies governing
22 development, density, permitted uses, growth management,
23 environmental considerations and design criteria, taxes and fee
24 programs, including, without limitation, the City's general plan
25 and zoning, subdivision, and building regulations, whether adopted
26 by the City Council or by the voters in an initiative, in effect
27 as of the date of this Agreement.
28
00ZP3BDA.010 7
[5-9-901
2G5G32
1 3. 11 "Project' means the development project, as set forth
2 in the Specific Plan, as in effect on the date of this Agreement.
3 3 . 12 "'Property"' means the real property which is the subject
4 of this Agreement and is described in Section 4 below.
5 3 . 13 "Specific Plan" means the Cottonwood Hills Specific
6 Plan (S.P. 88-1) .
7 3 . 14 "'Substantial compliance"' for the purposes of this
8 Agreement and periodic review hereunder means the party has
9 sufficiently followed the terms of this Agreement so as to carry
10 out the intent of the parties in entering into this Agreement.
11 3 . 15 The "exhibits"' to the Agreement are as follows and are
12 incorporated herein as though set forth in full:
13 EXHIBIT A: Legal description of the Property.
14 EXHIBIT B: City ordinance adopting Specific Plan.
15 EXHIBIT C: City ordinance adopting General Plan
16 amendment.
17 EXHIBIT D: Conditions of Approval For Specific Plan 88-1
18 (Cottonwood Hills) .
19 EXHIBIT E: Addendum Re Implementation of Conditions.
20
21 4 . PROPERTY COVERED
22 The property covered by this Agreement is described in
23 Exhibit "Am attached hereto and incorporated herein by this
24 reference. This Agreement may be amended as provided in paragraph
25 8 . 4 to include additional real property owned by Developer
26 provided that any reference herein to Existing Land Use Ordinances
27 shall, with respect to such additional property, refer to those
28
00ZP3BDA.010 8
[5-9-901
2C5G32
1 land use ordinances in effect upon the effective date of any such
2 amendment.
3
4 5. INTEREST OF DEVELOPER
5 Developer represents that it has a legal or equitable
6 interest in the Property and that all other persons presently
7 holding legal or equitable interests in the Property will be bound
8 by the Agreement as of its effective date.
9
10 6. DURATION OF AGREEMENT
11 6. 1 affective Date and Term. The term of this Agreement
12 shall be for twenty (20) calendar years from its effective date.
13 Said term may be extended by the circumstances set forth in
14 Sections 11 and 15. The effective date of this Agreement shall be
15 the last date of (a) adoption by City of an ordinance authorizing
16 execution of this Agreement; (b) All the Property being formally
17 annexed to the City; and (c) execution of this Agreement by the
18 Parties.
19 6. 2 Scheduling. Construction of the Project covered by this
20 Agreement will be undertaken following receipt of requisite
21 Development Approvals from City. City and Developer acknowledge
22 that Developer cannot at this time accurately predict the time
23 schedule within which the Project will be developed, except that
24 it will be completed within the aforesaid twenty (20) year period.
25 So long as the Project is constructed in a manner consistent with
26 the City's Existing Land Use Ordinances as of the date of this
27 Agreement and the Specific Plan, Developer shall have the right to
28 construct the Project at the rate and in the sequence deemed
00ZP3BDA.010 9
(5-9-901
MCU32
1 appropriate by Developer within the exercise of its sound business
2 judgment. It is Developer's present reasonable expectation that
3 Development of the Project will be completed within the term of
4 this Agreement. For purposes of this Agreement, completion of the
5 Project shall mean the date on which a certificate of occupancy or
6 comparable instrument is issued for the last improvement or
7 structure constructed pursuant to this Agreement. Following the
8 expiration of the aforesaid twenty (20) year term, this Agreement
9 shall be deemed terminated and of no further force and effect.
10 6. 3 Periodic review.
11 (a) City shall, in accordance with applicable state
12 law, review this Agreement at least once every twelve (12) months
13 from and after the Effective Date hereof. During each such
14 periodic review, City and Developer shall have the duty to
15 demonstrate their good faith compliance with the terms and
16 conditions of this Agreement. Both parties agree to furnish such
17 evidence of good faith compliance as may be reasonably necessary
18 or required. City's failure to review at least annually
19 Developer's compliance with this Agreement shall not constitute or
20 be asserted by either party as a breach of the other party. Such
21 periodic review shall be limited in scope to the compliance, by
22 Developer, with the terms of this Agreement. A finding by City of
23 good faith compliance by Developer with the terms of the Agreement
24 shall conclusively determine said issue up to the date of such
25 finding.
26 (b) City shall deposit in the mail to Developer a copy
27 of all staff reports, and to the extent practical, related
28 exhibits concerning contract performance a minimum of ten (10)
00133BDA.010 1
[5-9-901
2C5G32
1 calendar days prior to any such review or action upon the
2 Development Agreement by City. Upon request by Developer,
3 Developer shall be permitted an opportunity to be heard orally
4 and in writing regarding its performance under the Agreement at
5 any review on the Development Agreement.
6 (c) Developer's duty to demonstrate its good faith
7 compliance may be satisfied by the presentation to City of (1) a
8 written report identifying Developer's performance or the reasons
9 for its non-performance excused pursuant to the terms of this
10 Agreement or (2) oral or written evidence submitted at the time of
11 review. The parties recognize that this Agreement and the
12 documents incorporated herein could be deemed to contain thousands
13 of requirements (i.e. construction standards, landscape standards
14 et al. ) , and that evidence of each and every requirement would be
15 a wasteful exercise of the parties resources. Accordingly,
16 Developer shall be deemed to have satisfied its duty when it
17 presents evidence on its good faith and substantial compliance
18 with the major provisions of the Specific Plan and the uses,
19 number, types, densities, heights and sizes of structures
20 completed and any reservations and dedications to the City.
21 Generalized evidence or statements shall be accepted in the
22 absence of evidence that such evidence is untrue. Either party
23 may address any requirement of this Agreement; provided, however,
24 that City shall provide ten (10) days written notice to Developer
25 of any requirement it desires to be addressed. If, at any time
26 of review an issue not previously identified in writing is
27 required to be addressed by City, the review, at the request of
28
002P3BDA.010 1 1
[5-9-90)
2GSG32
1 either party, shall be continued to afford sufficient time for
2 analysis and preparation.
3 (d) Developer may seek judicial review of any finding
4 by City of failure by Developer to demonstrate good faith
5 compliance with the terms of the Agreement under this section.
6 Any such legal action shall be commenced in the Superior Court of
7 Riverside County. In any judicial proceeding, the court shall
8 apply the standard of judicial review utilized in cases affecting
9 vesting rights.
10 6.4 Certification of completion. Promptly upon completion
11 of the Project, Developer will submit a draft letter of completion
12 for City review. Upon review, City shall provide Developer with
13 a letter of completion so certifying. This certification shall
14 be a conclusive determination that the obligations of Developer
15 under this Agreement have been met. The certification shall be
16 in such form as will enable it to be recorded in the Official
17 Records of Riverside County, California.
18
19 7 . VESTED RIGHT
20 7 . 1 Acknowledgment of Vested Right. By entering into this
21 Agreement and relying thereon, Developer is obtaining a vested
22 right to proceed with the Project in accordance with the
23 Development Approvals and Existing Land Use ordinances, but
24 subject to any remaining discretionary approvals required in order
25 to complete the Projects as contemplated by the Development
26 Approvals (which discretion shall be exercised reasonably and in
27 accordance with the terms of this Agreement) . By entering into
28 this Agreement and relying thereupon, City is securing certain
002P311DA.010 12
2GSE32
1 public benefits which help to alleviate potential problems in
2 City and enhance the public health, safety and welfare. City
3 therefore agrees to the following:
4 7.2 No conflicting enactments. Neither the City Council of
5 City nor any other agency of City shall enact an ordinance,
6 policy, rule, regulation or other measure applicable to the
7 Project which relates to the rate, timing or sequencing of the
8 development or construction of all or any part of the Project or
9 which is otherwise in conflict with this Agreement.
10 7 . 3 Intent of parties. In addition to and not in limitation
11 of the foregoing, it is the intent of Developer and City that no
12 moratorium or other limitation (whether relating to the rate,
13 timing or sequencing of the development or construction of all or
14 any part of the Project and whether or not enacted by initiative
15 or otherwise) affecting parcel or subdivision maps, building
16 Permits, site development permits, special use permits, occupancy
17 certificates or other entitlements to use approved, issued or
18 granted within City, or portions of City, shall apply to the
19 Project to the extent such moratorium or other limitation is in
20 conflict with this Agreement. Notwithstanding the foregoing,
21 should an ordinance, general plan or zoning amendment, measure,
22 moratorium, policy, rule, regulation or other limitation enacted
23 by citizens of City through the initiative process be determined
24 by a court of competent jurisdiction to invalidate or prevail over
25 all or any part of this Agreement, Developer shall have no
26 recourse against City pursuant to this Agreement, but shall retain
27 all other rights, claims and causes of action at law or in equity
28 which Developer may have under this Agreement and independent of
002P3BDA.010 13
[5-9-901
2f5f32
1 this Agreement. The foregoing shall not be deemed to limit
2 Developer's right to appeal any such determination of such
3 ordinance, general plan or zoning amendment, measure, ploy, rule,
4 regulation, moratorium or other limitation which purports to
5 invalidate or prevail over all or any part of this Agreement.
6 City and Developer agree to cooperate in all reasonable manners
7 in order to keep this Agreement in full force and effect.
8
9 S. GENERAL DEVELOPMENT OF THE PROJECT
10 8. 1 Project. While this Agreement is in effect, Developer
11 shall have a vested right to develop the Project in accordance
12 with the terms and conditions of this Agreement, and in accordance
13 with, and to the extent of the Development Approvals. Except as
14 otherwise specified in this Agreement, the Development Approvals
15 shall control the overall design, development and construction of
16 the Project and all on-site and off-site improvements and
17 appurtenances in connection herewith, including, without
18 limitation, all mitigation measures required in order to minimize
19 or eliminate material adverse environmental impacts caused by the
20 Project. The permitted uses of the Property, the density and
21 intensity of use, the maximum height and size of proposed
22 buildings, the provisions for reservation and dedication of land
23 for public purposes and other terms and conditions of development
24 applicable to the Property shall be those set forth in this
25 Agreement and the Development Approvals or as may otherwise be
26 mutually agreed upon by the parties. The Project shall be
27 configured generally as indicated on the Specific Plan. The
28 location of the improvements shall be generally as indicated on
002P3BDA.010 14
(5-9-901
2f SG32
1 the Specific Plan; provided, however, that the Specific Plan
2 placement and location of improvements including common area
3 facilities, roadways and landscaping as shown on said plan is
4 descriptive only and may be varied, amended, changed or modified
5 at the election of Developer, with approval of the Community
6 Development Director, in accordance with the applicable provisions
7 of the Existing Land Use Ordinances. Such right of approval is
8 to ensure compliance with the Specific Plan, and to ensure that
9 amendments to the Specific Plan do not adversely affect
10 compatibility with offsite improvements. The number of
11 residential units actually constructed in any planning unit may
12 vary in accordance with the provisions of the Specific Plan.
13 8 . 2 Phasing of Developments: The construction of
14 improvements and development of the Property may be accomplished
15 at the times and in the phases or increments which are selected by
16 . Developer. No moratoriums or ordinances imposing limitations on
17 the number of building permits which may be issued by City shall
18 apply to the Property unless a finding is made in accordance with
19 Section 9.7 . City specifically acknowledges that Developer's
20 discretionary control over timing and phasing of construction is
21 a major consideration being provided to Developer under this
22 Agreement, and such discretionary control over timing and phasing
23 of construction is a vested right provided to Developer under this
24 Agreement.
25 8 . 3 Reservations or Dedications: Reservations or
26 dedications of portions of the Property are set forth on the Phase
27 I Vesting Tentative Map which will be approved, as described in
28 the Recitals set forth above. Other reservations or dedications
002P3BDA.010 15
[5-9-90)
ZUbt;32
1 of portions of the Property may, from time to time, be required
2 by City in accordance with or as part of subdivision map approvals
3 for the remainder of the Property. Said reservations and
4 dedications are to be imposed in accordance with Existing Land
5 Use Ordinances. For the purposes of this Section 8.3 and the
6 Vesting Tentative Map relating to Phase I of the project, any
7 reference to the 'dedication' or 'reservation' of land shall be
8 construed to include the acquisition of such land by a Mello-Roos
9 Community Facilities District, or other financing district at a
10 purchase price equal to the fair market value thereof.
11 Accordingly, all park and other sites to be 'dedicated" or
12 "reserved^' to the City pursuant to the Vesting Tentative Map
13 relating to Phase I of the project or this Section 8. 3 , may be
14 purchased by a Community Facilities District (or other financing
15 district) formed over property owned by the Developer to the
16 extent funds are legally available for such purpose.
17 8.4 Administrative changes and amendments. This Agreement
18 may be amended from time to time by mutual consent of the parties
19 in the same manner as its adoption by ordinance. The parties
20 acknowledge that refinements and further development of the
21 Project may demonstrate that changes are appropriate with respect
22 to the details and performance of the parties under this
23 Agreement. The parties desire to retain a certain degree of
24 flexibility with respect to the details of the Project development
25 and with respect to those items covered in general terms under
26 this Agreement. If and when the parties find that changes or
27 adjustments are necessary or appropriate, they shall, unless
28 otherwise required by law, effectuate such changes or adjustments
OOZP3BDA.010 16
15-9-90]
zess32
1 through administrative amendments approved by the City Director
2 of Community Development, which, after execution, shall be
3 attached hereto as an addendum and become a part hereof, and may
4 be further changed and amended from time to time as necessary,
5 with approval by City and Developer. Any such administrative
6 changes or amendments shall not be deemed to be an amendment to
7 this Agreement under Government Code Section 65868. Unless
8 otherwise required by law, no such administrative amendments shall
9 require notice or hearing. Notwithstanding the foregoing, the
10 following matters shall not be considered administrative changes
11 or amendments, but shall be considered substantive amendments
12 which shall be reviewed by the Planning Commission and approved
13 by the City Council:
14 (a) Alteration of the permitted uses of the Property;
15 (b) Increase in the density or intensity of use or
16 number of lots;
17 (c) Increase in the maximum height and size in
18 permitted buildings;
19 (d) Deletion of a requirement for the reservation or
20 dedication of land for public purposes except for minor boundary
21 adjustments approved by the Planning Director; and
22 (e) Any amendment or change requiring a subsequent or
23 supplemental Environmental Impact Report pursuant to Public
24 Resources Code Section 21166.
25
26 9. RULES, REGULATIONS AND OFFICIAL POLICIES
27 9. 1 Effect of agreement on land use regulations. The rules,
28 regulations and official policies governing permitted uses of the
00UMA.010 17
(5-9-901
265632
1 Property, the density and intensity of use of the Property, the
2 maximum height and size of proposed buildings and the design,
3 improvement and construction standards and specifications
4 applicable to development of the Property are those rules,
5 regulations and official policies in force as of the Agreement
6 Date set forth in the Specific Plan, and City agrees that during
7 the term of this Agreement, Developer shall have the right to
8 develop the Property in any manner consistent with the Specific
9 Plan and said rules, regulations and official policies. In
10 connection with any approval which City is permitted or has the
11 right to make under this Agreement relating to the Project, or
12 otherwise under the Existing Land Use ordinances, City shall
13 exercise its discretion or take action in a manner which is as
14 diligent as possible and which complies and is consistent with the
15 Development Approvals and the standards, terms and conditions
16 contained in this Agreement, and in a manner which will not
17 interfere with the development of the Project for these uses, and
18 to the height, density and intensity specified in this Agreement,
19 or with the rate of development selected by Developer. City shall
20 accept for processing and normal timely review and act on all
21 applications for further land use entitlement approvals with
22 respect to the Project called for or required under this
23 Agreement. Such application shall be processed in the normal
24 manner for processing such matters.
25 9.2 Modified Rules. City may, during the term of this
26 Agreement, apply only such newer, modified rules, regulations,
27 ordinances, laws, general or specific plans, and official policies
28 which are not in conflict with those in effect on the date of this
002P3BDA.010 18
(5-9-901
2f 5E32
1 Agreement; provided that such application shall not prevent
2 development in accordance with Sections 8. 1 and 8.2 above.
3 However, this section shall not preclude the application to
4 development of the Property of changes in City laws, regulations,
5 plans or policies specifically mandated and required by changes in
6 state or federal laws or regulations. In the event such changes
7 in state or federal laws prevent or preclude compliance with one
8 or more provisions of this Agreement and implementation of the
9 Specific Plan, the parties agree to take appropriate action
10 pursuant to Section 9. 6 of this Agreement. This Agreement shall
11 not prevent City from applying the following new rules,
12 regulations and policies:
13 (a) Processing fees and charges imposed by City to
14 cover the estimated actual costs to City of processing
15 applications for development approvals, for monitoring compliance
16 with any development approvals, or for monitoring compliance with
17 environmental impact mitigation measures.
18 (b) Procedural regulations relating to hearing bodies,
19 petitions, applications, notices, findings, records, hearings,
20 reports, recommendations, appeals and any other matter of
21 procedure.
22 (c) Regulations governing construction standards and
23 specifications including, without limitation, the City's Building
24 Code, Plumbing Code, Mechanical Code, Electrical Code and Fire
25 Code provided that such construction standards and specifications
26 are applied on a City-wide basis.
27 (d) Regulations which are not in conflict with the
28 Development Approvals or this Agreement.
002P3BDA.010 19
(5-9-90)
265632
1 (e) Regulations which are in conflict with the
2 Development Approvals or this Agreement if such regulations have
3 been consented to in writing by Developer.
4 9.3 Fees. Any application, processing and inspection fees,
5 building codes or construction standards and specifications, now
6 existing or hereafter in existence, shall apply to development
7 pursuant to this Agreement; provided that: (i) such fees,
8 standards and specifications are applicable to all applications
9 for construction or building permits for private projects in the
10 City or apply to all public works within the City and (ii) their
11 application to the development of the Property is prospective only
12 as to applications for building and other development permits or
13 approvals of tentative subdivision maps not yet accepted for
14 processing; and (iii) their application shall not prevent
15 development in accordance with sections 8. 1 and 8 .2 of this
16 Agreement. City shall not impose, in any form, any development
17 impact fee upon Developer or the Property other than those
18 specific fees described in Exhibit NEI to this Agreement, entitled
19 Addendum Re Implementation of Conditions. City shall not increase
20 any fee described on Exhibit NEI from the amount of the fee set
21 forth on Exhibit OE. " A development impact fee shall be
22 considered to be any direct or indirect fee, charge or assessment
23 based upon or arising from the impact or effect of any development
24 of the Property upon City, including, but not limited to, its
25 infrastructure, facilities, or roadways, or upon the need for
26 capital improvements or maintenance caused by any development of
27 the Property.
28
002P3BDA.010 2 0
(5-9-90]
2e5632
1 9.4 comparative Evaluation. City agrees not to apply any
2 comparative evaluation of Developer's proposed development of the
3 Property with a proposed development of any other project of any
4 developer in connection with issuance of building permits or other
5 approvals for development of the Property.
6 9. 5 Subsequent actions and approvals. In accordance with
7 Government Code Section 65866, this Agreement shall not prevent
8 City in subsequent actions applicable to the Property from
9 applying new rules, regulations and policies which do not conflict
10 with those existing rules, regulations and policies set forth in
11 the Development Approvals, nor shall this Agreement prevent City
12 from denying or conditionally approving any subsequent development
13 project application not subject to this Agreement on the basis of
14 such existing or new rules, regulations or policies.
15 9 . 6 State and federal laws.
16 (a) In the event that state or federal laws or
17 regulations, enacted after this Agreement is executed, prevent or
18 preclude compliance with one or more of the provisions of this
19 Agreement, such provisions of this Agreement shall be modified or
20 suspended as may be necessary to comply with such state or federal
21 laws or regulations; provided, however, that this Agreement shall
22 remain in full force and effect to the extent it is not
23 inconsistent with such laws or regulations and subject to the
24 following provisions: In the event that State or Federal laws or
25 regulations enacted after this Agreement have been entered into or
26 the action or inaction of any other affected governmental
27 jurisdiction prevent or preclude compliance with one or more
28 provisions of this Agreement or require changes in plans, maps or
002p3BDA.010 2 1
[5-9-90]
265632
1 permits approved by City (including a court decision affecting the
2 validity of development agreements pursuant to Government Code
3 Section �65864 through 65869.5) , the parties shall: (1) provide
4 the other party with written notice of such state or federal
5 restriction, provide a copy of such regulation or policy and a
6 statement of conflict with the provisions of this Agreement; and
7 (2) promptly meet and confer with the other party in good faith
8 and reasonably attempt to modify or toll this Agreement to comply
9 with such federal or state law or regulation in a manner
10 consistent with the intent and objectives of this Agreement, to
11 the extent feasible.
12 (b) Thereafter, regardless of whether the parties reach
l
13 agreement on the effect of such federal or state law or regulation
14 upon this Agreement, the matter shall be scheduled for hearing
15 before the Council , ten (10) days written notice of such hearing
16 shall be provided to Developer, and the Council, at such hearing,
17 shall determine the exact modification or tolling which is
18 required by such federal or state law or regulation. Developer,
19 at the hearing, shall have the right to offer testimony. Any
20 modification or tolling shall be taken by the affirmative vote of
21 not less than a majority of the authorized voting members of the
22 Council. Any suspension or modification may be subject to
23 judicial review in conformance with this Agreement.
24 Notwithstanding the above, this Agreement is deemed to be a valid
25 and legitimate exercise by City of its police power to provide
26 for future public improvements and facilities for the benefit of
27 the health, safety and welfare of City.
28
002P3BDA.010 2 2
(5-9-90)
265632
1 9 .7 Unforeseen Circumstances: If, as a result of facts,
2 events or circumstances presently unknown, unforeseeable and which
3 could not have been known to the parties to this Agreement, City
4 determines that the health and safety of City requires the
5 modification, suspension or termination of this Agreement, City
6 shall (1) notify Developer in writing of (a) City's determination,
7 (b) the reasons for City's determination and all facts upon which
8 such reasons are based, and (c) forward to Developer ten (10) days
9 prior to the hearing referred to below all documents relating to
10 such determination and reasons therefor; (2) notify Developer, in
11 writing, at least ten (10) days prior to the date, the time and
12 place of the hearing; and (3) hold a hearing at which Developer
13 shall have the right to offer witnesses, reports and testimony,
14 and further have the right to examine witnesses, City staff or
15 other persons; and (4) make a finding that, based upon clear and
16 convincing evidence, it has been established that: (a) The
17 circumstances were unknown, unforeseeable and could not have been
18 known; (b) The health and safety of the community require the
19 suspension, modification or termination of the Agreement as
20 opposed to any other alternative; and (c) City to the extent
21 feasible has provided Developer with an equitable program to
22 reimburse to Developer unused fees, and provide equitable
23 reimbursement for dedications or improvements not required by the
24 extent of development as of the date of such suspension,
25 modification or termination. In the event the City Council should
26 fail to make such findings then this Agreement shall not be so
27 terminated, modified or suspended; and in the event the City
28 Council should make such findings, Developer shall have the right
002P3BDA.010 2 3
(5-9-90)
2ess32
1 to file an action in the Superior Court, County of Riverside,
2 challenging said findings. The Superior Court shall utilize the
3 standard of review applicable in cases involving vested rights.
4 The unforeseen circumstances, which shall cause the operation of
5 this provision shall not be the result of changes in State or
6 Federal law. In the event of changes in State or Federal law,
7 the provisions of Section 9.6 shall govern.
8
9 10. COOPERATION AND COVENANT OF FURTHER ASSURANCES
10 10.1 Third party actions. Developer and City shall
11 cooperate in defending any action or proceeding instituted by any
12 third party challenging the validity of any provision of this
13 Agreement or any action taken or decision made hereunder.
14 Developer agrees to assume the lead role in the defense of any
15 such action or proceeding so as to minimize litigation expenses
16 incurred by City. In addition, any court action or proceeding
17 brought by any third party to challenge this Agreement or any
18 other permit or approval required from City or any other
19 governmental entity for Development or construction of all or any
20 portion of the Project covered by this Agreement shall constitute
21 a permitted delay under Section 11. Notwithstanding the
22 foregoing, the filing of any third party litigation against City
23 and/or Developer relating to this Agreement or any provision
24 thereof shall not be a reason to delay or stop the Development,
25 processing or construction of the Project (including but not
26 limited to the issuance of building permits or certificates of
27 occupancy) unless the third party obtains a court order preventing
28
002P3BDA.010 2 4
(5-9-90)
2G5G32
1 the activity. City will not stipulate to the issuance of any
2 such court order.
3 10.2 Further assurances. Each party covenants on behalf of
4 itself and its successors and assigns to take all actions and do
5 all things, and to execute with acknowledgments or affidavits if
6 required any and all documents and writings that may be necessary
7 or proper to achieve the purposes and objective of this Agreement.
8 Each party shall take all necessary measures to see that the
9 provisions of this Agreement are carried out in full.
10 10.3 Processing. If necessary or required, upon
11 satisfactory completion by Developer of all required preliminary
12 actions and payments of appropriate filing and processing fees,
13 if any, City shall commence and proceed to complete all steps
14 required or necessary for the implementation of this Agreement
15 and the Development by Developer of the Project in accordance
16 with the Existing Development Approvals including:
17 (1) Scheduling, convening and concluding all required
18 public hearings in a diligent manner consistent with applicable
19 laws and regulations in force as of the Effective Date of this
20 Agreement.
21 (2) Processing and approval of all maps, plans, land
22 use permits, building plans and specifications and other
23 applications for Development Approvals relating to the Development
24 of the Project, filed by Developer.
25 Developer will, in a timely manner, provide City with
26 all documents, applications, plans and other information necessary
27 for City to carry out its obligations hereunder and cause
28 Developer's planners, engineers and all other consultants to
002P3BDA.010 2 5
265632
1 submit in a timely manner all required materials and documents
2 therefor. It is the express intent of Developer and City to
3 cooperate and diligently work to implement the Specific Plan.
4 10.4 Governmental permits. Developer shall apply in a
5 timely manner for such other permits and approvals as are required
6 by other governmental agencies having jurisdiction over the
7 Project in connection with the development of, or provision of
8 services to, the Project. City shall use its best efforts to
9 assist Developer in coordinating the implementation of the Project
10 with such other governmental agencies. City shall cooperate with
11 Developer in its efforts to obtain such permits and approvals. If
12 City's execution of a document or agreement is necessary or
13 required by law to obtain or give effect to any such permit or
14 approval , then City will execute such document or agreement.
15 10. 5 Financing of public facilities and/or services.
16 (a) Attached hereto as Exhibit "D" is a statement of
17 the Conditions of Approval For Specific Plan 88-1 (Cottonwood
18 Hills) adopted by the City Council on March 14 , 1989. Said
19 conditions relate to public improvements to be provided by
20 Developer. Attached hereto as Exhibit "'EN is an Addendum Re
21 Implementation of Conditions, which relates to the conditions
22 imposed by Exhibit "D." Each party shall perform the obligations
23 imposed upon that party by Exhibit 'E, " and each party may
24 exercise and enforce the rights given that party by Exhibit NE. 0
25 (b) City will cooperate and use its best efforts to
26 assist Developer in obtaining and implementing and placing in
27 effect a Mello-Roos, or other improvement bond program, or other
26 public financing program which may be available for the purpose of
002P3BDA.010 2 6
(5-9-90)
2GSE32
1 funding the planning, design, construction and maintenance of
2 public facilities, including related fees and the acquisition of
3 land therefor, and/or the provision of public services for the
4 Project. In addition, the City shall not require the Developer to
5 join an existing Mello-Roos District or require that the financing
6 districts participate in any pooled financing program or bond
7 issue sponsored directly or indirectly by the City, unless at the
8 time of the issuance of bonds, a formal policy provides that all
9 developments for which the City is sponsoring a Mello-Roos
10 District shall be required to participate in such financing
11 program. unless Developer otherwise consents, in the event that
12 Developer is required to participate in a pooled financing or
i
13 Marks-Roos Program,
i
14
15 [i] the Marks-Roos bonds or pool bonds to purchase
16 the Mello-Roos obligations from Developer's property
17 will only be available to purchase such Mello-Roos
18 obligations; and
19 I
20 [ii] the City will retain an underwriter
21 recommended by Developer and agreeable to the City to
22 participate in not less than 50 percent of the
23 underwriting.
24
25 The parties expect that bonds, assessments, liens or other such
26 financing devices would be issued or levied to provide sufficient
27 funds for the above-mentioned purposes. The parties, however,
28 acknowledge that such public improvements may not be completely
002P3BDA.010 2 7
(5-9-901
2f5(;32
1 financed by said financial mechanism and the City retains the
2 right to establish a maximum tax rate or assessment per parcel/lot
3 or acre. City acknowledges that completion of proceedings to
4 establish one or more public financing districts as discussed
5 above is critical to provide the parties with security for
6 performance by Developer of its obligation to commence and
7 complete construction of major infrastructure. City will also
8 assist Developer in securing construction and/or permanent
9 financing and/or seller financing in connection with the
10 development of the Property, and in condemning and obtaining all
11 necessary rights of way.
12 10. 6 utilities coordination. City shall use its best
13 efforts to assist Developer in obtaining all electrical, gas,
14 telephone and other necessary utility connections required by the
15 Project. Within a reasonable time after request therefor by
16 Developer, City shall approve all connection and access points
17 for such utilities if in compliance with all applicable
18 ordinances, rules and regulations.
19 10 .7 Covenant of good faith and fair dealing. Except as may
20 be required by law, neither party shall do anything which shall
21 have the effect of harming or injuring the right of the other
22 party to receive the specified and described benefits of this
23 Agreement; each party shall refrain from doing anything which
24 would render its performance under this Agreement impossible or
25 impractical; and each party shall do everything which this
26 Agreement describes that such party shall do.
27 10.8 Stephens Kangaroo Rat. City will use its best efforts
28 to maximize the amount of acreage which is released for grading
OOZ?31DA.010 2 8
[5-9-901
265632
1 and allocate it to City pursuant to the Riverside County Short-
2 Term Habitat Conservation Plan for the Stephens Kangaroo Rat, and
3 City will take such steps as may be necessary or appropriate from
4 time to time, to secure such maximum allocation.
5
6 11. PERMITTED DELAYS
7 Developer shall be excused from performance of its
8 obligations hereunder during any period of delay caused by acts
9 of God or civil commotion; riots, strikes, picketing, or other
10 labor disputes; unavoidable shortage of materials or supplies,
11 damage to work in progress by reason of fire, flood, earthquake
12 or other casualty, litigation which prohibits processing or
13 constructing the Project; initiatives or referenda; moratoria; or
14 unanticipated restrictions imposed or mandated by other
15 governmental entities. Each party shall promptly notify the other
16 party of any delay hereunder as soon as possible after the same
17 has been ascertained, and the term of this Agreement shall be
18 extended by the period of any such delay. Notwithstanding Section
19 14 . 3 , any claim for delay must be presented within 30 days of
20 knowledge of the cause of such delay, or any entitlement to time
21 extension shall be deemed waived.
22
23 12. ESTOPPEL CERTIFICATES
24 Either party may at any time, and from time to time, deliver
25 written notice to the other party requesting the other party
26 certify in writing that to the knowledge of the certifying party:
27 (1) this Agreement is in full force and effect and is a binding
28 obligation of the parties; (2) this Agreement has not been amended
002?33DA.010 2 9
(5-9-90]
265632
1 or modified, and, if so amended or modified, to identify the
2 relevant documents; and (3) no default in the performance of the
3 requesting party's obligations under this Agreement exists or, if
4 in default, the nature of any default. A party receiving a
5 request hereunder shall execute and return the certificate within
6 thirty (30) days following the receipt thereof.
7
8 13 . RECORDATION BY CITY CLERK
9 Pursuant to Government Code Section 65868.5, within ten (10)
10 days of City's execution of this Agreement, the City Clerk shall
11 record a copy with the Riverside County Recorder. Thereafter,
i
i
12 pursuant to Government Code Section 65868.5, 0 (t]he burdens of thee,
13 agreement shall be binding upon, and the benefits of the agreement
I
14 shall inure to, all successors in interest to the parties to the
i
15 agreement. '
16
17 14 . DEFAULT
18 14 . 1 Events of default.
19 (a) Subject to any written extension of time by mutual
20 consent of the parties, and subject to the provisions of Sections
21 11 and 15 regarding permitted delays, the failure of either party
22 to perform any material term or provision of this Agreement shall
23 constitute default if such defaulting party does not cure such
24 failure within thirty (30) days following written notice of
25 default from the other party; provided, however, that if the
26 nature of the default is such that it cannot be cured within
27 thirty (30) days, the commencement of a cure within such period
28 and the diligent prosecution to completion of the cure shall be
002P3BDA.010 3 0
(5-9-901
`265G32
1 deemed to be a cure within such period. Any notice of default
2 given hereunder shall specify in detail the nature of the alleged
3 default and the manner in which such default may be satisfactorily
4 cured in accordance with the terms and conditions of this
5 Agreement. During the time periods herein specified for cure of
6 a failure of performance, the party charged with such failure of
7 performance shall not be considered to be in default for purposes
8 of termination of this Agreement, or for purposes of institution
9 of legal proceedings with respect thereto, or for purposes of
10 issuance of any building or grading permit with respect to the
11 project.
12 (b) After proper notice and the expiration of the time
13 for cure, the noticing party to this Agreement, at its option, may
14 institute legal proceedings pursuant to Section 25 hereof or give
15 notice of intent to terminate this Agreement pursuant to
16 Government Code Section 65868. Following notice of intent to
17 terminate, the matter shall then be scheduled for consideration
18 and review in the manner set forth in California Government Code
19 Sections 65865, 65867 and 65868 by the City Council within thirty
20 (30) days. The City Council shall utilize the standard of review
21 applicable in cases involving vested rights.
22 (c) In the event the City Council finds a default on
23 the basis of evidence presented before it, the non-defaulting
24 party may at its option give written notice of termination of this
25 Agreement to the party found to be in default by certified mail.
26 The party found to be in default may seek judicial review of the
27 City Council decision by filing an action in the Superior Court of
28
OOZP3BDA.010 3 1
(5-9-90]
265632
1 Riverside County. The Superior Court shall utilize the standard
2 of review applicable in cases involving vested rights.
3 14.2 Default by City: In the event that City does not
4 accept, review, approve and issue requested development permits or
5 entitlements; or City otherwise defaults on this Agreement; or
6 City otherwise fails to comply with any term or provision of this
7 Agreement; City shall be in default. City agrees that Developer
8 in no event shall be obligated to proceed with or complete the
9 project or any phase thereof nor shall resulting delays in
10 Developer's performance constitute grounds for termination or
11 cancellation of this Agreement.
12 14 . 3 No waiver. Failure by a party to insist upon the
13 strict performance of any of the provisions of this Agreement by
14 the other party shall not constitute waiver of such party's right
15 to demand strict compliance with such other party in the future.
16 All waivers must be in writing to be effective or binding upon
17 the waiving party, and no waiver shall be implied from any
18 omission by a party to take any action with respect to such
19 default. No express written waiver of any default shall affect
20 any other default, or cover any other period of time except that
21 specified in such express waiver.
22 14 . 4 Effect of termination. Termination of this Agreement
23 by one party due to the other party's default shall not affect any
24 right or duty emanating from City entitlements or approvals on the
25 Project, but the rights, duties and obligations of the parties
26 hereunder shall otherwise cease as of the date of such
27 termination.
28
002FMA.010 32
(5-9-901
if SG32
1 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE
2 In addition to specific provisions of this Agreement,
3 performance by either party hereunder shall not be deemed to be in
4 default where delays or defaults are due to war, insurrection,
5 strikes, walk-outs, riots, floods, earthquakes, fires, casualties,
6 acts of God, litigation, referenda, initiatives, moratoria,
7 governmental restrictions imposed or mandated by other
8 governmental entities, enactment of conflicting City, county,
9 state or federal laws or regulations, judicial decisions, or
10 similar basis for excused performance which is not within the
11 reasonable control of the party to be excused. If written notice
12 of such delay is given to either party within thirty (30) days of
13 the commencement of such delay, an extension of time for such
14 cause will be granted in writing for the period of the enforced
15 delay, or longer as may be mutually agreed upon.
16
17 16. APPLICABLE LAW
18 This Agreement shall be construed and enforced in accordance
19 with the laws of the State of California.
20
21 17 . NO JOINT VENTURE OR PARTNERSHIP
22 City and Developer hereby renounce the existence of any form
23 of joint venture or partnership between City and Developer, and
24 expressly agree that nothing contained herein or in any document
25 executed in connection herewith shall be construed as making City
26 and Developer joint venturers or partners. It is understood that
27 the contractual relationship between City and Developer is such
28 that Developer is an independent contractor and not an agent of
002P3BDA.010 3 3
(5-9-90]
265632
1 City. Furthermore, this Agreement is not intended, nor shall it
2 be construed, to create any third party beneficiary rights in any
3 person who is not a party to this Agreement.
4
5 18. ADDRESSES FOR NOTICES
6 Any notice sent to either party under this Agreement shall be
7 in writing and shall be given by delivering the same to such party ,
8 in person or by sending the same by registered mail, return
9 receipt, with postage prepaid, to the following addresses:
10
11 To City: City of Lake Elsinore
130 South Main Street
12 Lake Elsinore, CA 92330
Attn: City Manager
13
14 To Developer: Pardee Construction Company
10880 Wilshire Boulevard
Suite 1400
15 Los Angeles, CA 90024
Attn: Theodore J. Cullen i
16
17 With a copy to: Sandler and Rosen i
1801 Avenue of the Stars
Suite 510
18 Los Angeles, CA 90067
19 Attn: Charles L. Birke
20 Notices shall be deemed given on the date delivered in person or
21 the date when the postal authorities indicate that the mailing was
22 delivered. Written notices and demands shall be sent in the same
23 manner to such other persons and addresses as either party may
24 from time to time designate in a written notice pursuant to this
25
section.
26
27
28
OOZP31DA.010 34
(5-9-901
z65632
1 19. ASSIGNMENT AND NOTICE
2 (a) Subject to Section 19 (b) , Developer shall have the
3 right to assign or transfer all or any portion of its interest,
4 rights or obligations under this Agreement to third parties
5 acquiring an interest or estate in Project, the Property or
6 portions thereof, including but not limited to purchasers or long-
7 term ground lessees of individual lots, parcels, or any of the
8 buildings located within the Project with or without prior
9 approval of City. Developer shall give written notice to the
10 City of its intention to assign or transfer any of its interest,
11 rights or obligations under this Agreement. Any failure by
12 Developer to provide said notice shall be curable in accordance
13 with the provisions of this Agreement. City's approval of the
14 assignment shall not be unreasonably withheld or delayed. Upon
15 City's approval of the assignment, the express assumption of any
16 of Developer's obligations under this Agreement by its assignee or
17 transferee shall thereby relieve Developer of any further
18 obligations under this Agreement. No assignee or transferee shall
19 be deemed to have assumed any of the obligations of this Agreement
20 in the absence of an express written undertaking. If City
21 reasonably withholds approval, then Developer may nevertheless
22 complete the assignment, but Developer will not be relieved of its
23 obligations under this Agreement. Notwithstanding the foregoing,
24 Developer shall have no obligation whatsoever to provide said
25 notice when it intends to assign an interest in this Agreement in
26 connection with a conveyance or transfer to a bank or other
27 financial institution or corporation for financing purposes of an
28
00ZP3BDA.010 3 5
[5-9-90)
265632
1 equitable interest in the Project and/or the Property whether by
2 means of a deed of trust or other instrument.
3 (b) Notwithstanding the provisions of Section 19 (a) ,
4 upon the sale or lease for more than one year of a dwelling unit
5 or office or commercial or industrial space by Developer to a
6 member of the public, but not upon the bulk sale thereof to any
7 person or entity for resale to the public, such residential unit
8 or office, commercial or industrial space shall be automatically
9 released from the terms, provisions, covenants and obligations of
10 this Agreement without notice and without the necessity of
11 executing or recording any specific instrument of release or
12 approval .
13
14 20 . ENCUMBRANCES AND RELEASES OF REAL PROPERTY
15 20. 1 Discretion to encumber. The parties hereto agree that
16 this Agreement shall not prevent or limit Developer in any manner
17 at Developer's sole discretion, from encumbering the subject real
18 Property or any portion of any improvement thereon by any
19 mortgage, deed of trust or other security device securing
20 financing with respect to the Property. City acknowledges that
21 the lenders providing such financing may require certain
22 modifications and City agrees, upon request, from time to time,
23 to meet with Developer and/or representatives of such lenders to
24 negotiate in good faith any such request for modification. City
25 further agrees that it will not unreasonably withhold its consent
26 to any such requested modification so long as the modifications
27 do not materially alter this Agreement.
28
00ZP3BDA.010 36
[5-9-901
265632
1 20. 2 Subordination to Liens and Conveyances. City's rights
2 to enforce any obligation of this Agreement are subordinate to the
3 lien of any mortgage or deed of trust or other instrument utilized
4 to secure financing with respect to the Property, or any
5 improvement thereon. Nothing in this Agreement shall be deemed to
6 create a lien on behalf of City against the Property. City will
7 execute and deliver to any lender or other interested person such
8 documents as may be reasonably requested to acknowledge that City
9 has no lien on the Property by reason of this Agreement, and that
10 City's rights under this Agreement are subordinate as set forth
11 herein. Nothing herein, however, shall be deemed to relieve
12 Developer of its obligations under this Agreement.
13 20. 3 Entitlement to written notice of default. The
14 mortgagee of a mortgage or beneficiary of a deed of trust, and
15 their successors and assigns, or any mortgage or deed of trust
16 encumbering the property, or any part thereof, which mortgagee,
17 beneficiary, successor or assign has requested notice in writing
18 receive by City, shall be entitled to receive written notification
19 form City of any default by Developer in the performance of
20 Developer's obligations under this Agreement which is not cured
21 within thirty (30) days.
22
23 21. AFFORDABLE HOUSING
24 In order to be consistent with the City's Housing Element,
25 Developer will provide its fair share of affordable rental housing
26 in the event Developer builds rental housing in the Multi-Family
27 zones of the project. Such affordable rental housing will be
28 available to persons in the low and very low income ranges, as
002P3aw.010 3 7
[5-9-901
ZGSG32
1 determined by the County Median Average when the building permits
2 are issued for such units by the City. Such affordable rental
3 housing shall be not less than fifteen percent (15%) of any rental
4 units built by Developer, and shall not exceed twenty percent
5 (20%) of such rental units. Nothing herein shall require
6 Developer to build any rental units in order to provide such
7 affordable housing. Developer agrees that if densities for the
8 project are reduced, the reduction will not eliminate the
9 aforementioned affordable rental housing. City will assist
10 Developer in providing such fair share of affordable housing by
11 providing economic incentives to Developer, including but not by
12 way of limitation, access to so-called "'set aside"' funds.
13 Developer may provide the Cottonwood Hill Project's fair share of
14 affordable rental housing by providing the aforesaid number of
15 rental housing units at one or more other locations within the
16 City limits acceptable to City Council.
17
18 22 . CONSISTENCY FINDING
19 By approving and executing this Agreement, City finds that
20 its provisions are consistent with the City's General Plan and
21 with the Specific Plan, and City further finds and determines
22 that execution of this Agreement is in the best interests of the
23 public health, safety and general welfare of City's residents,
24 property owners and taxpayers.
25
26 23 . CONSENT OF OTHER PARTIES
27 Developer may, at its discretion, elect to have other holders
28 of legal, equitable or beneficial interests in the Project, the
OOZP3BDA.010 3 8
[5-9-901
265632
1 Property or portions thereof, acknowledge and consent to the
2 execution and recordation of this Agreement by executing an
3 appropriate instrument therefor. It is understood by the parties
4 that the execution of such document by other holders of legal,
5 equitable, or beneficial interest in the Project is not a
6 condition precedent to this Agreement.
7
8 24 . RELEASE.
9 City hereby covenants and agree that upon completion of the
10 public improvements and payment of all fees required under this
11 Agreement with respect to the Property, or any portion thereof,
12 City shall execute and deliver to the Riverside County Recorder
13 appropriate release or releases of further obligations in form and
14 substance acceptable to the County Recorder or as may otherwise be
15 necessary to effect such release.
16
17 25 . OPERATING MEMORANDA
18 The parties acknowledge that from time to time it may be in
19 the mutual interest of the parties that certain details relative
20 to performance of this Agreement be refined. Therefor, to the
21 extent allowable by law, the parties retain a certain degree of
22 flexibility with respect to those provisions covered in general
23 under this Agreement which do not relate to the term, permitted
24 uses, density or intensity of use, height or size of building,
25 provisions for reservation and dedication of land, timing, rate or
26 sequence of development, conditions, terms, restrictions and
27 requirements relating to subsequent discretionary actions,
28 development of public improvements or monetary contributions by
002P3BDA.010 3 9
(5-9-901
265E32
1 Developer or any conditions or covenants relating to the use of
2 the Property. When and if the parties find it necessary or
3 appropriate to make changes or adjustments to such provisions,
4 they shall effectuate changes of adjustments through operating
5 memoranda in recordable form approved by the parties in writing
6 which reference this Section 24. For purposes of this Section 24,
7 the City Manager or his/her designee upon report to and approval
8 by the City Council, shall have the authority to approve the
9 operating memoranda on behalf of City. No operating memoranda
10 shall require notice or hearing or shall be deemed to constitute
11 an amendment to this Agreement.
12
13 26. INSTITUTION OF LEGAL ACTION
14 In addition to any other rights or remedies, either party may
15 institute legal action to cure, correct or remedy any default, to
16 enforce any covenants or agreements herein or to enjoin any
17 threatened or attempted violation thereof or to obtain any
18 remedies consistent with the purpose of this Agreement. In the
19 event of any such legal action involving or arising out of this
20 Agreement, the prevailing party shall be entitled to recover
21 reasonable litigation expenses, attorneys' fees and costs
22 incurred. It is understood between the parties that in the event
23 a breach of this Agreement by City occurs, irreparable harm is
24 likely to occur to Developer and damages may be an inadequate
25 remedy. To the extent permitted by law, therefore, it is
26 expressly recognized that specific enforcement of this Agreement
27 by Developer is a proper and desirable remedy in addition to any
28 and all other remedies which may be available to Developer under
002?33DA-010 4 0
[5-9-90)
I
law or at equity. Each party shf'`S�'32
2 or more all have the remedies hereunder right to
3 successively enforce one
such action shall not Y and concurrent)
4 estop or Y and any
remedy which it Prevent such party form Pursuing
any further y whi
5 under may have; and all
this Agreement remedies, either
6 °r at law or in
to the parties equity or Othe
shall be cumulative and rwlse afforded
7 judicial
Proceedingsnot alternative.
8 applicable
the court
shall In all
judicial review In
the standard of
9 cable to vested rights.
10 27.
INDEMNITY
I1
12
(a) Developer agrees to and officers shall hold the agents, employees and City, its
13 liabilit representatives
Y for damage or harmless from
14 includin claims for damage for personal injury
15 claims for property damage which may
16 °r indirect operation of Y arise out
their contractors the Developer, subcontractors per or those of
17 persons � Of
acting on their ' employees or other
18 behalf which
Developer a relate to
agrees to and shall the Project.
19 defend the agents, employees and City and its
20 representatives Officers,
caused or alleged from actions for
21 ged to have been damages
activities caused by reason of
in connection with the Developer,s
22 Project.
(b) This Ject.
23 hold harmless
Claims for agreement applies
damages suffered to all damages and
24 or alleged to
reason of the have been
25 Operations suffered by
referred to Of whether or not the City in this Paragraph,
26 Y prepared P regardless
or specifications supplied, or
27 °r both for the approved plans
Project and regardless of
28 not insurance coverage exists.
00ZP3BDA.010
15-9-901 4 1
2GSG32
1 (c) The provisions of this Section shall not apply to the
2 extent such damage, liability or claim is proximately caused by
3 the intentional or negligent act of City, its officers, agents,
4 employees or representatives. All indemnity rights and
5 obligations shall be governed by principles of comparative fault.
6 *28 . INSURANCE
7 Improvement Security/Insurance: As a condition of approving
8 a subdivision map for all or a portion of the Property, City may
9 require the furnishing of appropriate and reasonable security
10 pursuant to local ordinances and California Government Code
11 Section 66499 , et seq. City may also require evidence of
12 compliance with labor standards and insurance required as a
13 standard condition under federal, state or local law at the time
14 of City action on any necessary development permits or any other
15 entitlements for the use and development of the Property pursuant
16 to this Agreement.
17
18 29 . TERMS AND CONSTRUCTION
19 29 . 1 Entire Agreement. This written Agreement contains all
20 the representations and the entire agreement between City and
21 Developer. Any prior correspondence, memoranda, agreements,
22 warranties or representations are superseded in total by this
23 Agreement. This Agreement shall be construed as a whole according
24 to its common meaning and not strictly for or against any party in
25 order to achieve the objectives and purposes of the parties
26 hereunder. Whenever required by the context of this Agreement,
27 the singular shall include the plural and vice versa, and the
28
002P3BDA.010 4 2
(5-9-90J
265632
1 masculine gender shall include the feminine or neuter gender.
2 "Shall" is the mandatory and "'may"' is the permissive.
3 29.2 Signature gages. For convenience, the signatures of
4 the parties to this Agreement may be executed and acknowledged on
5 separate pages which, when attached to this Agreement, shall
6 constitute this document as one complete Agreement.
7 29. 3 lime. Time is of the essence of this Agreement and of
8 each and every term and condition hereof.
9
10 CITY OF LAKE ELSINORE DEVELOPER:
PARDEE-GROSSMAN, COTTONWOOD
11 CANYON, a General Partnership by
PARDEE CONSTRUCTION COMPANY, a
12 /✓f California corporation,
By: I GENERAL PARTNER
13 GARv V1 WASHBURN, 4AYOR
14 '7 � k_�
By:
15 ichaek V. McGee
16 Vice President [Title]
17 Approved as to form and legality
18 this �the day of 1990
19 CITY ATTORNEY ATTEST:
20 n�
21 , In I
gl,, PL- ( yo'cv,
22
JOHN R. HAR ER, C T ATT EY City Clerk
[Title]
23
24
25
26
27
28
00zp3sDA.010 4 3
(5-9-90)
GENERAL ACKNOWLEDGMENT 265632
NO 201
State of CALIFORNIA
On this the 17th day of ,ly 1g� before me,
County of RIVERSIDE ss JlAdria Lee Bryning
the undersigned Notary Public,personally appeared
Gary M. Washburn a
�\ OFFICIAL SEAL XX personally known tome
ADRIA LEE BRYNING ❑ proved to me on the basis of satisfactory evidence
NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY to be the person(s)whose name(s) is subscribed to the
MY Lamm. expires MAR & 1993 within instrument,and acknowledged that he
g executed it.
WITNESS hand and official seal.
Nota s ignature
ATTENTION NOTARY.Although the+nlom awn requested below is OPTIONAL.it could prevent frauouienl attachment of this cenmcate 10 ano r docurlenl.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of(sages Date of Document
DESCRIBED AT RIGHT: Signers)Other Than Named Above
`fie
tt2l /
NATgNAI NOTARY ASSOClAT10N•82:36 Rr/rnrt Are.•-P 0�Park,CA 91304 7 164
GENERAL ACKNOWLEDGMENT 2(;5G32 No 201
State of CAI T F[)PN TQ On this thel7th day of July 19-Q,before me,
County of RIVERSIDE ss. Adria Lee Bryning
the undersigned Notary Public,personally appeared
Michael V. McGee
OFFICIAL SEAL personally known to me
ADRIA L' BRYNING ❑ proved to me on the basis of satisfactory evidence
< �•(' (VOTARY PU6UC- CALtFORNIA
:�. ' ' RIVERSIDE COUNTY to be the person(s)whose name(s) is subscribed to the
' My comet. expires AMR a. 1993
within instrument,and acknowledged that he executed it.
WITNESS Manand.official seal.
Notary's Signature
ATTENTION NOTARY:Although the information requested IxlOw.s OPTIONAL.it couid prevent fraudulent anac enent of this cennccate to anotrw w6o4nt
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT. Signer(s)Other Than Named Above
T120 122 WU10P4AL NOTARY ASSO0XICN-=6 Rarrrrrt Are-P.O Bm 7184-Gallop Park.G 913,17184
265632
The land referred to as Cottonwood Hills is situated in the County
of Riverside, State of California, and is described as follows:
PARCEL 1:
Section 7, Township 6 South, Range 3 West, San Bernardino Meridian, in the County of
Riverside, State of California, according to the official plat thereof.
PARCEL 2:
The Northwest quarter of the Northwest quarter; and the West half- of the Southwest
quarter of the Northwest quarter of Section 8, Township 6 South; Range 3 West, San
Bernardino Meridian, in the County of Riverside, State of California, according to the
official plat thereof.
PARCEL 3:
Section 11, Township 6 South, Range 4 West, San Bernardino Meridian, in the County of
Riverside, State of California, according to the official plat thereof.
EXCEPT that portion lying within a strip of land 200.00 feet wide as described by deed
to Temescal Water Company, recorded December 11, 1928 in Book 792, Page 292 of Deeds,
Riverside County Records.
ALSO EXCEPT Railroad Canyon Road, as described by deed to the County of Riverside,
recorded May 24, 1949 in Book 1078, Page 585 of Official Records.
ALSO EXCEPT that portion described as follows:
Beginning at a point on the Southerly boundary of a county road as described by deed
to the County of Riverside, recorded May 24, 1949 in Book 1078, Page 585 of Official
Records of Riv2rside County, from which point the Northeast corner of said Section 11
bears North 53 59'00" East, 4.249.40 feet;
thence on said Southerly boundary line on an 1,130.00 foot radius curve left (the long
chord of which bears South 84 12'00" East, 265.30 feet) 265.90 feet;
thence South 25020,300 West, 586.82 feet;
thence North 640391300 West, 250.00 feet;
thence North 25020130" East, 498.08 feet to the point of beginning.
'L65632
Q
{ S
I
s"
8
o �
f a
T �
f
"8
I �
n :� h A :9
ORDINANCE NO. 854 265632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA E ELSINORE, CALIFORNIA, ADOPTING THE
COTTONWOOD HILLS SPECIFIC PLAN.
THE CITY COUNCIL OF THE CITY OF LAKE EISINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION S: That the Cottonwood Hills Specific Plan
is hereby approved and adopted by the City Council based on the
following findings:
1. The Specific Plan is anticipated to result in
several significant adverse environmental impacts
which are described in the project Environmental
Impact Report. For each significant impact,
measures are imposed by the Plan or its
conditions of approval which eliminate or
substantially lessen their effect. A number of
significant impacts are unavoidable and a
statement of overriding considerations is
recommended to address these (sea Finding #2) .
Specific findings for each significant impact are
as listed in Exhibit A (attar-had) . A Mitigation
Monitoring Program is hereby adopted. A list of
parsons and agencies commenting and further
responses to to comments are hereby adopted as
part of the Final E.I.R.
2. Based upon project documents and evidence in the
public record, the significant environmental
effects of this project associated with the loss
of on-site biological habitat, traffic impacts on
area roads, degradation of local air quality and
a substantial contribution to cumulative impacts
of area-wide urban development, although
partially mitigated or reduced by the project,
remain significant and are unavoidable based upon
rejection of project alternatives or additional
mitigation measures necessary to reduce these
impacts to less than significant levels. These
impacts are found to be acceptable due to
benefits derived by the project, specifically the
provision of quality housing opportunities by the
City, the anticipated increase in local
government revenues generated by project
residents, and the provision of significant
improvements to Railroad Canyon Road all of which
are expected to support local commarcial and
industrial development efforts and generate
measurable benefits to the local economy and
fiscal integrity of City government. The
foregoing overriding considerations provide the
rationale for a decision to approve this project.
3. The cottonwood Hills Specific Plan meats the
Specific Plan criteria for contents and
systematic implementation of the General Plan
established by Section 65450 of the California
Government Code and Section 17.99 of the City of
Lake Elsinore Municipal Coda.
Gf'Jb'J4
4. The Specific Plan is consistent with the City of
Lake Elsinore General Plan as follows:
SeLILd 2" Element
a) The Specific Plan (Plan) would provide for
residential support of City commercial and
industrial development thereby promoting a
community-vide balance of land uses.
b) Services and facilities could be delivered as
needed under provisions of the Plan.
c) Quality site development would be promoted
under provisions of the Plan.
Circulation Element
d) The regionally important link of Railroad
Canyon Road vast to I-15 would be provided.
Opportunities for future linkage improvements
to the south and east are preserved.
e) Transit parking and bike lanes are
accommodated.
Environmental Element
f) Major areas of open space/wildlife habitat
are preserved.
g) No important mineral resources are impacted.
h) Adverse air quality impacts are partially
mitigated.
i) Prime agricultural lands are being converted
to urban uses in a timely manner, based upon
surrounding land use and economic conditions.
j) Recreation opportunities are accommodated.
k) Cultural resources are anticipated to be
adequately mitigated based upon their
significance.
1) Health and safety threats are mitigated by
design measures and service delivery
mechanisms.
Noise Element
m) Design measures are anticipated to be imposed
during project development.
Community Design Element
n) Design features are provided to improve the
visual quality of the community.
gQusin Element
o) Major segments of the local housing market
will be accommodated, including moderate
income persons. The project will compliment
existing housing opportunities elsewhere in
the community for low income persons.
5. The Specific Plan establishes pre-zoning of the
project area in anticipation of its annexation to
the City of Lake Elsinore.
6. The Specific Plan shall be effective at such timfr"5632
as annexation of the project area to the City of
Lake Elsinore is approved by the City and the
Local Agency Formation Commission and recorded.
7. The Specific Plan shall expire and be of no
effect whatsoever seven years after the date of
annexation recordation (as specified in i6
above) , unless an implementing Final Tract Map
has been recorded prior to the end of the seven
year period.
S. The Specific Plan will not be detrimental to the
health, safety, comfort or general welfare of the
persons residing or working within the
neighborhood of the project area, not will it be
injurious to property or improvements in that
area or the City as a whole, based upon the
provisions of the Plan, mitigation measures and
Conditions of Approval.
9. A General Plan density designation of 2.17 units
per gross acre provides for a transfer of density
from all open space areas into adjacent developed
areas, and for a density bonus of .17 dwelling
units/acre in exchange for provision of Railroad
Canyon Road infrastructure at a more extensive
level than would otherwise be required by the
project, and provision of complete turn-key
neighborhood parks and partial community park
infrastructure above that which would normally be
required. The developer shall convey all
development rights of all project open space to
the City to be retained in perpetuity and to
insure provision of Railroad Canyon Road and
parks as specified in this finding and Specific
Plan Condition of Approval.
SECTION 2,: That the City Clerk of the City of Lake
Elsinore shall certify to the passage and adoption of this
ordinance and shall cause the same to be published in the Sun
Tribune, a newspaper of general circulation, serving the City of
Lake Elsinore, in accordance with provisions of the Government
Code.
INTRODUCED AND APPROVED UPON FIRST READING this 14th
day of March, 1989, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK. DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: HONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
2Eth day of March, 1989, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHWKN, W`NKUK.
265632
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCK
ABSTENTIONS: COUMCILMEMBERS: NONE
J m w lar, Mayor
ATTEST:
414��'e7 K' X't�-
Adria L. Bry i g
Deputy City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
1/Y�
John R. Harper, U ty Attorney
:465632
(FINDING 11 SP 88-1)
SIGNIFICANT 1"ACTS AND FINDINGS OF FACT
a) Grading - substantially lessened by guidelines contained
within the Plan and by existing City ordinances to less than
significant levels.
the above
b) Visual radertand landscapingibuffersstoned lessythan significant
• ide-
lines, grade
levels.
c) Biological Impacts - substantially lessened by avoidance and
compensation for riparian habitat losses. Remainder sensitive
species habitat to be partially compensated by change in
management status to less than significant levels. Stephens'
kangaroo rat habitat losses to be partially compensated by an
off-site plan which can be adopted and is vithin the
responsibility of the City, County, US Fish and Wildlife
Service (OSFWS) and State Fish and Game (CFG) agencies. These
impacts may not be reduced to less than significant levels and
are therefore the subject of the attached statement of
overriding considerations.
d) Cultural Resources - substantially lessened by the study and
documentation of each site as conditioned and preservation of
significant resources such as the cemetery. These measures
will reduce the impact to less than significant levels.
e) Traffic Circulation - Substantially lessened by the develop-
ment of on-site roads and Railroad Canyon Road and Holland
Road as required by the Plan and conditions of approval.
Expansion to Railroad Canyon Road is dependent upon actions
which can and should be taken by VSFWS and CFO related to
wetlands mitigations. Traffic impact will not be reduced to
less than significant levels by these measures and is
therefore the subject of the attached Statement of overriding
Consideration.
f) Services and Utilities - substantially lessened by the
provision of services and utilities as required by the Plan
and conditions of approval to less than significant levels for
all impacts except elementary schools. Provision of schools
facilities are dependent upon actions by the school districts
and the state which can and should be taken related to funding
and construction of needed facilities.
g) Hydrology and^ pater Quality - substantially lessened by the
guidelines rnd control measures required by the Plan and
conditions of approval to less than significant levels.
h) Geology and Soils - substantially lessened by application of
the measures outlined in the Plan and ,geological report to a
level of insignificance.
i) Noise - substantially lessened by requirements of the Plan for
grading design and sound attenuation barriers during
construction phases to less than significant levels.
j) Air Quality - substantially lessened by grading guidelines of
the Plan and City ordinances for short-term impacts.
Long-term traffic generated impact is expected to be
significant and is therefore the subject of the attached
Statement of overriding Considerations.
k) Energy Conservation - substantially lessened by design
guidelines of the Plan and conditions of approval to less than
significant levels.
1) cumulative impacts - substantially lessened by provisions of
the Plan, but these impacts will not be reduced to less than
significant levels and are therefore the subject of the
attached Statement of overriding Considerations.
265632
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing ordinance had its first reading
•.� n.Y�v.►� 17, i/V7, �.► Yr1.► •..� .��irVG ♦4.VVM� Vll /��i W� �.V, 1rVI W.r
was passed by the following vote:
AYES: COUNCILKEMBERS: DOMIN=EZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUCK
ABSTAIN: COUNCILM£MBERS: NONE
ZCKI LY KASAD, CITY CLERK
CITY OF LA ELSINORE
(SEAL)
ISTATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 854, of said Council, and that the same
has not been amended or repealed.
DATED: April a, 1989
VICKI LYNNE AD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
J
RESOLUTION NO. 89-5 Z65632
A RESOLUTION OF THE CITY COUNCIL OF THE CM
OF LAKE EISINORE, CALIFOORN E7rEMENT OF THE
AMENDMENT TO THE AN
LAND THE
LAKE Eo INS GENERALCycLX DAR YEAR OFF1989 FIRST
TSE CITY COUNCIL OF THE CITY OF L"M ELSINORE' CAL'-
FORMA, DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Section 65361(a) of the Government Coda
provides that no mandatory element of a General Plan
Shall be
amended more frequently than tour times during Y calendar
year; and
WHEREAS, the Planning Commission held public hearings
on this round of General Plan Amendments on January 17, 1969,
and that this public hearing was advertised as required by law.
The Planning Commission made a recommendation . to the City
Council concerning this General Plan Amendment and has filed
with the City Council copies of map and report; and
WHEREAS, notice was duly given of the public hearing
on the Amendment, which public hearing was held before the City
Council on the 14th day of March, 1989, at the hour of 7:00
p.m. , with testimony received being made a part of the public
record; and
WHEREAS, the City Council certifies that the Final
Environmental Impact Report has been completed in compliance
with the California Environmental Quality Act and that the
information contained within the Environmental Impact Report has
been reviewed and considered by the Council prior to approving
the project.
Now, THEREFORE, in consideration of the evidence
received at the hearing and for the reasons discussed by the
council members at said hearing, the City Council now finds that
the Lake Elsinore General Plan be amended as follows:
A. GE ELM AMENDMENT 88-1
APPLICANT: Pardee Construction Company
PROPERTY OWNER: Clyde C. Christiansen;
Corona Foothill Company
LOCATION: Along Railroad Canyon Road, Cottonwood
and Holland Roads, one-halt mile south of
Canyon Lake.
Change approximately 1,968.7 acres from Riverside County
Category II and Mountainous to Specific Plan Area, with a
density of 2.17 dwelling units per acre.
Approval is based on the following:
1. This request is anticipated to result in several
significant adverse environmental impacts associated
with the development of the site as allowed under the
General Plan. These impacts are described in the
Cottonwood Hills Environmental Impact Report for the
proposed Specific Plan. For each significant impact,
measures are imposed to eliminate or substantially
lessen their effect. A number of these significant
impacts are unavoidable and a statement of overriding
consideration is recommended as Finding 92. Specific
findings on each significant impact are as listed in
Table 1 attached hereto as Exhibit A.
ti Vv v♦
t will result Z. This requeslt in significant emironmantal
impacts associated with loss of habitat, traffic
impactscirculation, degradation of air i Y
substantial contribution to the cumulativs impacts of
area-wide urban development which say be Partially
mitigated but are anticipated to remain significant upon
development of the site as allowed under the General
due to
Plan. These impacts are found to be
undaztt�heeGanaral
due to benefits derived by developmentalit General
Plan, specifically the provision of atal increase in
opportunities by the City, the anticipated
residents
local government revenues generated by project residnts to
and the by
of significant imp
Railroad Canyon Road, all of which are expected to
support local commercial and industrial development
efforts and generate measurable benefits to the local
economy and fiscal integrity of City government. The
foregoing overriding considerations provide the
rationale for a decision to approve this request.
3. The General Plan Amendment is found to be in conformity
with the General Plan as follows:
Land W Element
a) The Specific Plan (Plan) would provide for
residential support of City commercial and
industrial development thereby promoting a
community-wide balance of land uses.
b) Services and facilities could be delivered as needed
under provisions of the Plan.
c) Quality site development would be promoted under
provisions of the Plan.
Circulation Element
d) The regionally important link of Railroad Canyon
Road west to 1-15 would be provided. Opportunities
for future linkage improvements to the south and
east are preserved.
e) Transit parking and bike lanes are accommodated.
Environmental Resource Element
f) Major areas of open spats/wildlife habitat are
preserved.
q) No important mineral resources are impacted.
h) Adverse air quality impacts are partially mitigated.
i) Prime agricultural lands are being converted to
urban uses in a timely manner, based upon
surrounding land use and economic conditions.
j) Recreation opportunities are accommodated.
k) Cultural resources are anticipated to be adequately
mitigated based upon their significance.
1) Health and safety threats are mitigated by design
measures and service delivery mechanisms.
Noise Element
m) Design measures are anticipated to be imposed during
project development.
=unity 211cm Element 2C-5632
n) Design features are provided to improve the visual
quality of the community.
Housing Elarent
c) Major segments of the local housing market will be
accommo dated, including moderate income persons.
The project will compliment existing housing
opportunities elsewhere in the community for low
income persons.
4. This General Plan Amendment would provide for
residential support of City commercial and industrial
development thereby promoting a community-wide balance
of land uses.
S. This General Plan Amendment density designation of 2.17
units per gross acre provides for a transfer of density
from all open space areas into adjacent developed areas,
and for a density bonus of .17 dwelling units/acre in
exchange for provision of Railroad Canyon Road
infrastructure at a more extensive level than would
otherwise be required by the project, and provision of
complete turn-kay neighborhood parks and partial
community park infrastructure above that which would
normally be required.
6. This Amendment will allow land uses in character with
the subject property's location, access and constraints.
7. This Amendment will permit reasonable development of the
property consistent with its constraints and compatible
with adjacent properties and proposed development.
S. This General Plan Amendment permits development to the
highest and best nature within mitigable means to insure
maintenance of the ganeral public health, safety and
welfare.
9. The proposed Amendment will not adversely affect
surrounding property with respect to value or precedent.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the
City Council of the City of Lake Elsinore, California, that the
City of Lake Elsinore General Plan Land Use Map be amended for
the first time in calendar year 1989 to reflect General Plan
Amendment 88-1
PASSED, APPROVED AND ADOPTED this loth day of
March, 1989, by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER.
NOES: COUNCILMEMBERS: NONE
ABSE": COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
J m Winkler, ycr
ATTEST: APPROVED AS TO FORM AND LEGALITY:
///1/1,/-/ ."�&�//71
dr a L. Bryning, John R. Harper C ty Attorney
Deputy City Clerk
(SEAL)
TABLE 1 (FINDING 11 SP 88-1) 265632
SIGNIFICANT IMPACTS AND FINDINGS OF FACT
a) Grading - substan
lessened by guide lass an
lines contained
tially
within the Plan and by existing City ordinances to
significant levels. the above guide-
Visual Impacts - substantially lessened s significant
b) buffers to less than
lines, grade and landscaping
levels.
c) Biological Impacts -
Substantially
lessened by avoidance and
ensitive
compensation for riparin. ha.b losses• sated dby change in
species habitat to be partially compensated by Stephens'
management status to less than significant levels. an
kangaroo rat habitat losses to be partially compensated by he
off-site plan which can be adopted
and Fish and Wildls vithin ife
responsibility of the City, agencies. These
Service (USFWS) and State Fish nd GaIDe ICT, cant levels and
impacts may not be reduce o lessothenattaached statement of
are therefore the Subject
overriding considerations.
Cultural Resources - substantiallylessened by tha study and
d) reservation of
documentation of each site as conditioned and preservation
measures
significant the
sources impact touch lessathanesignificant levels.
will reduce the imp
e) Traffic Circulation - Substantially lessened by the develop-
ment of on-site roads and Railroad aCaannd condit on ad oidapprovalRollana
Road as required by the
Expansion to Railroad Canyon Road is UUSFFWSdand CFGorelated oto
which can and should be taken by
will not be reduced to
wetlands mitigations. Traffic imp
s and is
nt
therefore
athessuubbjectaof thevattached Statement aofreoverriding
Consideration.
the
f) services and Utilities - substantially lessened by provision of services and utilities as required by the
plan
and conditions of approval to less than significant levels for
all impacts except elementary schools. provision of schools
facilities are dependent upon actions by the school districts
and the state which
and taken related to funding
and construction of needed facilities.
g) Hydrology and Water Quality - substantially lessened by the
guidelines and comeasures
thanesigniticant avelsired b the Plan and
conditions of approval to
h) Geology and Soils - substantially lessened by application of
the measures outlnedithe Plan and geological report to a
level of insignificance.
i) Noise - substantially lessened by requirements of the plan for
grading design and sound attenuation barriers during
construction phases to lass than significant lsvals.
j) Air Quality - substantially lessned by grading guidelines Of
the plan and City ordinances for short-term imp
Long-term traffic generated impact is expected to be
significant and is en fore rae subject
of the attached
Statement of Overriding C
k) Energy
Conservation - substantially lessened by design
guidelines of the Plan and conditions of approval to lass than
significant levels.
1) Cumulative Impacts - substantially lessened by provisions of
the Plan, but these impacts will not be reduced to less than
significant levels and are threfor aubject of the
attached Statement of Overriding Considerations.
EXHIBIT "A"
r:v56�
r
�QNDITIONS QF 4Y�+ Z4R SPECIFIC E M 88-1 (COTTONWOOD HILNU
1. The Specific Plan shall be effective at such time as
annexation of the the ect city1ea to the City Of Lake zisinore
and the Local Agency Formation
is approved by
Commission and recorded.
2. A General Plan density designation of 2.17 units per gross
acre provides for a transfer of density from all open space
areas into adjacent developed areas, and for a density bonus
of .17 dwelling units/acre in exchange for provision of
Railroad Canyon Road infrastructure at a more extensive
level than would otharwiss be required by the project, and
provision of complete turn-key neighborhood parks and
partial community park infrastructure above that which would
normally be require to
d. The developer shall convey all
developmant rights of all project open space to the
City o!
be retained in perpetuity and
Railroad Canyon Road and parks as specified in this finding
and Specific Plan Condition of Approval.
3. The text of the draft Final Specific Plan shall be revised
to correct any typographical errors including:
Page 8-55, under 8.9f, Exemptions, Item 12 and Page
8-62, under 8.9.p, Commercial Project Signaqe, Item
R: Replace the term "short-term" with the term
"temporary."
4. The developer shall produce seven (7) copies of the Final
Specific Plan plus an original camera-ready copy which shall
be delivered to the City prior to the effective date of the
Plan.
5. The Environmental Impact Report shall be produced in Final
format in consultation with staff with seven (7) copies plus
an original camera-ready copy delivered to the City prior to
the effective date of the Plan to include:
a) Certification by City Council.
b) Comments and responses to comments received through
City Council hearings.
c) A list of persons and agencies commenting through
City Council hearings.
d) Any other revisions to the text to correct any typo-
graphical errors.
6. A Railroad Canyon Road/San Jacinto River revegetation
program shall be reviewed and approved by the City Planning
Division prior to approval of grading permit for Railroad
Canyon Road. Federal and state wetlands permits shall also
be approved prior to grading. The program shall be
implemented concurrent with construction to most the
approval of the community Development Director.
7. A Cottonwood Creek floodplain modification and revegetation
program shall be incorporated as a condition of each
affected tentative tract map approval to be complied with
prior to final map approvalg Pe
ever
occurs first) and which shall take precedence, requiring
revisions to the map to comply with the program if
necessary. Implementation shall be concurrent with gradinq
and construction of related phase.
Cottonwood Fills Specific .Plan' ('03/114/89) D-14
CONDITIONS ff APPROVAL ZQ$ SPECIFIC pj,M d8-1 (COTTONWOOD HUJ l 265632
S. A Stephens' kangaroo rat impact mitigation program shall be
incorporated as a condition of each tentative tract map
approval and shall be complied with prior to final map
approval or grading permit, whichever occurs first.
Implementation to compensate for habitat loss shall occur
prior to grading permits for occupied habitat on-sits.
9. A Cultural Resources survey of affected areas related to
Railroad Canyon Road shall be evaluated and approved by the
City prior to project grading. Presence of an archeologist
or paleontologist for on-site evaluation and full mitigation
is required should any resource be uncovered during
construction.
20. A cultural resources mitigation program shall be
incorporated as a condition of each affected tentative tract
map approval to be complied with prior to final map approval
or grading permit (whichever occurs first) and which shall
take precedence, requiring revisions to the map to comply
with the program if necessary. The program shall be based
on site evaluations by qualified archeologists and
historians to establish significance of each site and a
detailed plan for appropriate mitigation, subject to the
approval of the Community Development Director.
11. Tentative Tract Maps shall indicate and provide for the base
flood (100-year flood) within the existing channel and
related facilities of the San Jacinto River and Cottonwood
Creek. All other flood areas shall be provided with
facilities to convey waters to these channels which shall be
required to be implemented concurrent with construction of
related phase subject to the approval of the Community
Development Director and the City Engineer.
12. All structures shall be designed to incorporate all state
and local water conservation regulations, subject to the
approval of the Chief Building Official.
13. All site-planning shall incorporate measures to promote
waste reduction and recycling to the extent feasible,
subject to the approval of the Community Development
Director.
14. Grading and construction plans shall incorporate the
measures listed in the EIR to reduce and control erosion
potential, subject to the approval of the Chief Building
Official.
15. Developer shall provide for the paving of Holland Road for
two travel lanes from the project boundary east to existing
pavement, in the event that said improvement has not
previously been provided by Audi* Murphy Ranch. This
improvement shall meet the approval of the County Road
Department to partially mitigate project related traffic
impacts as they occur.
16. A program shall be implemented for the construction of
Railroad Canyon Road from I-13 to the north project
boundary. The program shall be subject to approval of the
Community Development Director and the City tnginaer prior
to issuance of grading permits. The program shall provide
for the funding and start of construction of Phase 1 of
Railroad Canyon Road prior to issuance of the first building
permit; and further that the road construction shall be
cottonwood Hills Specific. Plan (03/14/89) D-15
2G5632
CONDITIONS QF ZMYU �8
SPECIFIC 88-1 (COTTONWOOD BILLS)
completed in any case no later than prior to SOlst occupancy
permit issuance within the project. Phase 1 of Railroad
Canyon Road shall consist of a minimum of 110 feet of
right-of-way, with full width grading and four (4) lanes of
pavement, of which at least ttwwo 501stanes unit�usTh�Citypened
will
to traffic prior to occupying or
sake its best efforts to true Road benefit districtovides or
similar program for Railroad Cant'
an equitable sharing theotz add. bThis limien alltationrtshalli not
the City accessing
apply to planning areas 28 and » which take principal
access from Holland Road. The final design and ultimate
improvements of Railroad Canyon Road shall be approved by
the city Engineer and Community Development Director prior
to First Phase Tentative Tract Map approval. Construction
of ultimate improvements to full six-lanes width
of shall
li be
completed Prior to Final Tract Map approval
al
Phase of Specific Plan development.
d in
17• witha
athe Cityct Program shall to off-set capitalbcostsetope consultation
mitigate impacts
of the project.
18. Developer shall incorporate mitigation for isolated oak tree
removal throughout the site into the Cottonwood Creek
Revegetation Program. Such mitigation shall occur on a 10:1
replacement ratio after individual trees have been evaluated
for preservation feasibility by the city in consultation
with the developer. This program shall be incorporated anta
condition of each affected tentative tract map approval
be complied with prior to final map approval or grading
permit (whichever occurs first) and which shall take
precedence requiring revisions to the map to comply with the
program if necessary.
19. A Fire Protection Impact Mitigation Program shall be
reviewed in consultation with Riverside County Fire
Department subject to o approval
by the Co muni which tyDevelopment
Director prior to approval
include:
a. Proportional participation in the establishment of
a southeast area fire station and a mechanism for
its timely delivery concurrent with demand for
:ervices imposed by this project.
b. ildland interface design and management as
conveyed in the Specific Plan and other measures
required to appropriately reduce fire hazard. This
Program shall be reviewed and approved by both the
City and County.
ail
20. Corridorific fromPlan
the north-east lude cornerion for a of the site to sconnnact
with the Cottonwood Creek Corridor. such Corridor shall be
established along a topographically acceptable route to be
determined by the City in consultation with County Parks
staff and developer, which may include County properties
off-site. Provision of a trail corridor does not imply
construction or right to use until such time as a trail
program is implemented.
21. Improvement plans, including sewer and water, shall be
approved prior to the final map approval.
'Cottonwood Hills Specific Plan (03/14/89) D-16
265632
BOND IO APPROVI►L FQ$ SPECIFIC PIM 88-1 -
22. Conceptual improvement plan necessary to
omvtigate the
the
impacts of increased storm run-off shall be provided
a
developer as determined by the City prior i final sap
approvals.
23. Developer shall negotiate to assist the schools in providing
adequate school facilities to .serve the project in a timely
manner, which may include dedication of land and
improvements in lieu of fees. In the event of failure to
reach agreements prior to approval of Phase 11 tentative
tract maps the City shall review the potential requirements
of alternative measures by the developer to assist in the
provision of facilities in a timely manner.
24. Turn-key public parks shall be provided for Cottonwood Hills
as follows:
a. Developer shall deliver the land, infrastructure, and
rough grading for 30.1 acres of developed park lands,
including two (2) 5.0 acre neighborhood parks and 20.1
acres of community park. In addition, the developer
shall provide turn-key park improvements for these
developed parks per approval of the Community Services
Director, not to exceed a total of 1.5 million dollars
(1989 dollars adjusted by the annual Engineers News
Record index to the years in which parks construction
occurs) .
b. Developer shall also deliver 12.0 acres of passive park
development, including the 4.4 acres of parkway park and
the 7.6 acres of passive park area within the community
park.
25. The City shall contract for progressive increases in police
services from the General Fund or City-wide Services District
or similar to provide an adequate level of services. The
developer shall participate in any City effort to increase
levels of service through development of a City-wide program.
26. Developer shall dedicate open space as described in the
Specific Plan concurrent with related tentative tract maps.
City shall develop management plans to insure preservation
of habitat values and protection of public safety.
Developer shall dedicate conservation easements to the City
for private open space as specified in the Specific Plan
prior to final map approvals. operation and maintenance of
open space habitat shall be provided through the Cottonwood
Hills Lighting and Open Space Maintenance District to be
formed by the developer concurrent with final map approvals.
27. The Developer, at the appropriate related phases, shall be
responsible to provide a re-evaluation of project related
off-site traffic impacts increases over the present traffic
study projections; and provide mitigation measures to the
satisfaction of the City engineer if required. The
Developer's financial contribution to Railroad Canyon Road,
Cottonwood Canyon Road, Cottonwood Hills Road, Lost Road and
Holland Road, both on-site and off-site shall not exceed that
amount required by the City's Transportation Mitigation Fee
Program except that the developer in any event shall fully
construct said road improvements within the Specific Plan
boundaries and participate in the Railroad Canyon Road
Assessment District as determined by the City Rngineer.
28. DELETED.
Cottonwood Hills Specific Plan (03/14/89) D-17
CONDITIONS 2E APPROVAL ro SPECIFIC YLM ee-1 1COTTONWOOD HIIIAI 265632
29. The development of the Specific Plan shall meet the
following conditions regarding fire protection:
a. All water mains and fire hydrants providing required
fire flows shall be constructed in accordance with the
appropriate sections of Riverside County ordinance No.
460 and/or 546, subject to the approval by the Riverside
County Fire Department.
b. All buildings shall be constructed with fire retardant
roofing material as described in section 3203 of the
Uniform Building code. Any wood shingles or shakes
shall have a Class "a" rating and shall be approved by
the Fire Department prior to installation.
c. A Homeowners 'Association or Community Service District
shall be responsible for the maintenance of all common
open space areas. To insure that fuel modification
areas are maintained and that annual vegetation. is
removed consistent with current fire protection
standards, prior to the occupancy of sore than fifty
percent (50%) of the units adjoining an open individual
space area, the appropriate agency shall prepare and
submit to the Fire Department for review a five (5) year
maintenance plan to include specific recommendations for
maintenance of various areas.
d. The existing County Fire Stations will be capable of
providing coverage for the area along Railroad Canyon
Road and approximately 3/4 of a ail* south along
Cottonwood Canyon Road. Therefore, prior to any
development beyond Phase 1 or the open Phase north of
Railroad Canyon Road (Street "A") , a site shall have to
be selected near I-15 and Railroad Canyon Road and a fire
station shall have been constructed and be in operation.
e. Alternate or secondary access will be required for any
construction beyond Phase 1. The extension of
Cottonwood Canyon Road to Holland Road and a connection
to a County maintained road shall be maintained in an
all-weather driveable condition for any construction
beyond Phase 1.
30. The text of the Final Specific Plan shall be revised as shown
in Exhibit "D" (attached) prior to the effective date of the
Plan.
Q
Cottonwood Hills Specific Plan (03/14/89) D-18
265632
MIBIT B
MITIGATION MONITORING PROGRAM
SPECIFIC PLAN 88-1
W GATION
SIG. Railroad Canyon Road/San Federal and State
1. Riparian Jacinto River Revageta- Permit. City ap-
off-Site proval prior to
tion Program grading permits for
Railroad Canyon
Road. Implemen-
tation concurrent
with construction.
Final inspection by
City staff prior to
2. Riparian * Cottonwood Creek Floodplain Incorporation asch a
on-Site modification and revagetation condition of ea
program. This program shall affected tentative
be incorporated as a condi- tract map. City,
tion of each affected tenta- Federal and State
tive tract map approval to be permit approval and
complied with prior to final implementation prior
map approval or grading permit to grading of re-
(whichever occurs first) and lated phase. Final
which shall take precedence inspection by City
requiring revisions to the map staff prior to
to comply with the program if Certificate of
necessary. Occupancy of each
related phase.
3. Stephens' * Interim habitat conservation Interim Plan ap-
Kangaroo plan to be adopted. U.S. proval by the City
Rat (SKR) Fish and Wildlife Service prior to Tentative
approval of interim plan. Map approvals. City,
Federal and/or State
approval and imple-
mentation prior to
grading permits for
occupied habitat.
4 . Cultural A survey of affected areas Condition of
Resources related to Railroad Canyon grading permit
off-Site Road shall be evaluated by approval for
the City prior to project Railroad Canyon
grading. Presence of an Road.
archeologist or paleontolo-
gist for on-site evaluation
and full mitigation should
any resource be uncovered
during construction.
5. Cultural * A cultural resources mitiga- Developer to draft
Resources tion program. This program a program as a
On-Site shall be incorporated as a condition of Tenta-
condition of each affected tive Tract Map.
tentative tract map approval City approval and
to be complied with prior to implementation prior
final map approval or grading to grading of re-
permit (whichever occurs first) lated area.
and which shall take precedence
requiring revisions to the map
to comply with the program if
Cottonwood Hills Specifig Plan (03/14/89) D-19
EXHIBIT B - Page z 265632
necessary. The program shall
be based on site evaluations
by qualified archeologists and
historians to establish signi-
ficance of each site and a
detailed plan for appropriate
mitigation.
6. Flood • Tentative Tract !taps shall improvement
plan
Hazard provide for the base flood approval
r to
(100-year flood) within the final map approvals.
existing channel and related Implementation con-
facilities of the Ban Jacinto current with con-
niver and Cottonwood Creek. struction of the
All other flood areas shall related phase.
be provided with facilities Final inspection by
to convey waters to these city prior
channels. of
7. Water Con- All structures shall be Compliance at
servation designed to incorporate all Building 'Permit
state and local regulations. Plan Check. Imple-
mentation concurrent
with construction,
subject to final
inspection by City.
8. Recycling All site-planning shall in- Design Review re-
corporate measures to promote quirement by City.
waste reduction and recycling Implementation con-
to the extent feasible. current with con-
struction, subject
to final inspection
by City.
9. Erosion + Grading and construction plans Grading Plan Check
Control shall incorporate the measures by City. imple-
listed in the EIR to reduce mentation concurrent
and control erosion potential. with construction.
10. Circulation * Developer shall provide for the Approvals part of
off-Site paving of Holland Road for two related tract maps
travel lanes from the project for Holland and
boundary east to existing pave- Railroad Canyon
ment to meet the approval of Road improvements.
the County Road Department to Improvement plans
partially mitigate project re- for Holland Road
lated traffic impacts as they off-site to County
occur. impacts on Cottonwood Road Department
Creek Road and Lost Road, al- standards concurrent
though potentially significant, with project traffic
are not proposed for mitigation impacts.
beyond the on-site improvements
provided for in the Specific
Plan.
A program shall be implemented Program approval
for the construction of Rail- by City prior to
road canyon Road from I-15 to first phase final
the north project boundary. tract map and
implementation
prior to issuance
of first building
permit of final
development phase
(at a minimum) .
All improvement
plans subject to
City approval.
Cottonwood Hills Specific Plan (03/14/89) D-20
EXHIBIT B - Page 3 265632
• Library Impact Program shall Approval by City
11. Library be developed in consultation prior to final map
Impacts with the City to off-set approval. Imple-
capital costs to mitigate montation concurrent
impacts of the project. withhiocccupancy
perm
12. Isolated
Developer shall incorporate Approval by City
oak Tres mitigation for isolated oak prior to final map
Removal tree removal throughout the approvals in con-
site into the Cottonwood Creek junction witiegrad-
Ravagetation Program. Such ing p
w.
mitigation shall occur on a
10:1 replacement ratio after Implementation con-
individual trees have boon currant with con-
evaluated for preservation construction. Final
feasibility by the City in inspection prior to
consultation with the devel- occupancy.
oper.
13. Fire + A Fire Protection Impact Approval of Program
service Mitigation Program shall be by City prior to
and reviewed in consultation with first phase tents-
Hazard Riverside County Fire Depart- tive tract map.
ment and shall include:
a. Proportional participa- Implementation
tion in the establishment concurrent with
of a southeast area fire development. Final
station and a mechanism inspection prior to
for its timely delivery occupancy.
concurrent with demand
for services imposed by
this project.
b. Wildland interface design
and management as conveyed
in the Specific Plan and
other measures required to
appropriately reduce fire
hazard. This Program shall
be reviewed and approved by
both the City and County.
14. Trails The Specific Plan to include City approval of
provision for a !Multi-Use Program prior to
Trail Corridor from the north- final map approvals.
east corner of the site to
connect with the Cottonwood
Creek Corridor. Such Corridor
shall be established along a
topographically acceptable
route to be determined by the
City in consultation with
County Parks staff and
developer.
15. Sewer * Improvement plans, including City approval prior
sewer and water, shall be to final map
approved prior to the final recordation. imple-
map approval. mentation concurrent
with construction.
Final inspection
prior to occupancy
of related phase.
16. Storm + Conceptual improvement plan City approval prior
Drainage necessary to mitigate the to final sap
impacts increased of storm recordation. Imple-
Cottonwood Hills Specific Plan (03/14/89) D-21
265632
EXHIBIT B - Page 4
run-off shall be provided by mentation concurrent
the developer as determined with construction.
by the City prior to final Final inspection
map approvals. prior to occupancy
of related phase.
17. Schools * Developer shall negotiate City approval of
assistance to the schools agreements or
in providing adequate school potential alterna-
facilities to serve the tive measure prior
project in a timely manner to Phase II tenta-
which may include dedication tive tract maps.
of land and improvements in
lieu of fees. In the event Implementation
of failure to reach agree- concurrent with
ments prior to approval of development by
Phase II tentative tract phases.
maps the City shall review
the potential requirements
of alternative measures by
the developer to assist in
the provision of facilities
in a timely manner.
18. Parks * Developer shall deliver City approval of
complete turn-key park parks development
facilities to most provi- plans concurrent
sions of Condition of with related tract
Approval #24 for dedica- maps. Implementa-
tion of land and level. of tion concurrent
improvements as approved with related tract
by the Community Develop- development. Com-
ment Director. pletion prior to
occupancies of
related tracts.
19. Police * The City shall contract for Approval in City
progressive increases in budgets starting
police services. From the in year 1 of pro-
General Fund or City-wide ject occupancy.
Services District or similar
to provide an adequate level
of services.
20. Open Space Developer shall dedicate Dedications con-
open space as described in current with final
the Specific Plan. City maps.
shall develop management
plans to insure preservation City plan adoption
of habitat values and pro- prior to final map
tection of public safety. approvals.
Developer shall dedicate
conservation easements to
the City for private open
space as specified in the
Specific Plan.
&M!M0
Cottonwood Hills Specific Plan (03/14/89) D-22
265632
rXHTBIT 'El
1
2
FcF,: IMPTt,,rrum>,TION OF CONDITIONS
3
4 Set forth below are provisions regarding construction and
5 financing of public improvements made a part of the Cottonwood
6 Hills Development Agreement:
7
8 I. RAILROAD CANYON ROAD
9 I.A The Railroad Canyon Road Benefit Reimbursement District
10 Ordinance was approved by the City Council of Lake Elsinore on
11 December 26, 1989, and established a program to implement cost
12 sharing and construction of Railroad Canyon Road from I-15 to the
13 north project boundary. Developer shall be obligated to act as
14 the City's agent in implementing the City's construction program
15 for Phase I of said improvements. Phase I of Railroad Canyon
16 Road shall consist of a minimum of 110 feet of right-of-way, with
17 full width grading and 4 lanes of pavement.
18
19 I.B The City shall maintain in effect the Railroad Canyon
20 Road Benefit Reimbursement District Ordinance and shall continue
21 to make reimbursements as set forth in said program and in that
22 certain agreement between the City and Developer entitled
23 "'Railroad Canyon Road Reimbursement Agreement"' and subsequent
24 amendments thereto.
25
26 I.0 In conjunction with the timing of the Phase I of
27 Railroad Canyon Road, the Developer shall not seek, nor shall the
28 City issue any building permits within Cottonwood Hills until
002P33DA.010 1
[5-9-901
4UDID04
1 said construction has commenced on Phase I of Railroad Canyon
2 Road; further, Phase I road construction shall be completed prior
3 to the issuance of the 501st occupancy permit within the
4 Cottonwood Hills project.
5
6 I.D Upon completion of improvements to Phase I of Railroad
7 Canyon Road by Developer, acting as agent to the City, and upon
8 final inspection of said improvements by City Engineer, City shal
9 accept said improvements for use and maintenance and assume
10 responsibility for same.
11
12 I .E Inasmuch as the City's Railroad Canyon Road Benefit
13 Reimbursements District Ordinance will not generate sufficient
14 funds to permit construction of the Phase I improvements in a
15 timely manner, Developer shall advance funds for design and
16 construction of Phase I of the city's program. The amount which
17 Developer advances (i.e. , funds advanced in excess of funds
18 reimbursed to Developer by the Railroad Canyon Road Benefit
19 Reimbursement District Ordinance) , shall not exceed $9, 000, 000.
20
21 II. OTHER PRINCIPAL ROADS
22
23 II.A Developer shall improve the onsite portions of
24 Cottonwood Hills Road, Lost Road and Cottonwood Canyon Road, in
25 accordance with the requirements contained in Chapter Seven of
26 the Specific Plan and in accordance with the phasing provisions
27 contained in Chapter Nine of said Specific Plan.
28
002?33DA.010 2
IS-9-901
I II.B Developer shall improve, if deemed necessary, offsite
2 road improvements in accordance with Item Nos. 15 and 27 of the
3 conditions of approval of the Cottonwood Hills Specific Plan,
4 subject to the conditions and limitations contained therein.
5
6 II.0 Upon completion of improvements to the facilities
7 described in II.A and II.B above and upon final inspection of
8 said improvements for use and maintenance and assume
9 responsibility for same.
10
11 III.A Inasmuch as the total costs to Developer to construct
12 Railroad Canyon Road, Cottonwood Hills Road, Cottonwood Canyon
13 Road, Lost Road and Holland Road exceeds $18 , 000, 000; and whereas
14 the total estimated 'City Traffic Impact Feel which would
15 otherwise be paid by Developer is estimated to be $6, 000, 000
16 (based on the current fee rate of $1, 050 on every multiple-family
17 unit, $1, 500 for every single-family unit, and $19,750 per acre
18 on every non-residential land use) , the City acknowledges that
19 due to its requirements for completion of these roads, Cottonwood
20 Hills shall be exempt from the 'Traffic Impact FeeO. Because a
21 substantial portion of the facilities are being constructed in
22 advance of fees being paid, this initial excess investment is
23 recognized to offset any future increases in fees.
24
25 III. B By virtue of Cottonwood Hills' participation in the
26 road improvement projects described in III.A above, Cottonwood
27 Hills is exempted from participation in any future City-wide,
28 subregional , or equivalent road improvement program or freeway
002P33DA.010 3
�5-9-90J
265632
1 interchange improvement program except for improvements contained
2 in the Railroad Canyon Road Benefit Reimbursement District
3 Ordinance.
4
5 IV. OPEN SPACE
6
7 IV.A Public natural open space and naturalized open space
8 including fuel modification areas as designated in the Specific
9 Plan shall be deeded in fee to the City for ownership, use, and
10 maintenance and accepted by the City for said purposes. Said
11 areas shall be maintained by a new Cottonwood Hills Open Space
12 Maintenance District or equivalent, which will be formed either
13 as a new separate district created by the City or as a sub-
14 district of the existing City-Wide Landscaping and Street Lightinc
15 District. Developer shall cooperate with the City in creating
16 said new district or sub-district over the project.
17
18 IV. B Parkways and medians within "principal public streets"
19 rights-of-way, plus expanded parkways within planning units
20 abutting principal public streets, as well as Railroad Canyon
21 Road, shall be improved by Developer as described in the Specific
22 Plan. "Principal public streets" for purposes of this section
23 are defined as Cottonwood Hills Road, Holland Road, Cottonwood
24 Canyon Road, Lost Road, and Cottonwood Hills Road, all within the
25 limits of the Specific Plan area. Upon completion of landscaping
26 improvements, the City shall accept said improvements for use and
27 maintenance. Thereafter, maintenance shall be assumed by the new
28
002PMA.010 4
(5-9-90)
265632
1 Cottonwood Hills open Space Maintenance District, or equivalent,
2 as defined in Paragraph IV.A.
3
4 V. PARKS
5
6 V.A In addition to open space discussed in Paragraph IV
7 above, the development shall include four park sites as set forth
8 in the Specific Plan; two 5-acre Neighborhood Parks designated
9 Planning Unit (P.U. ) 7 and 27, one 27.7 acre Community Park
10 designated P.U. 18 , and one 4 .4 acre Parkway Park. Dedication
11 and development of the four park sites shall be in accordance
12 with the following:
13
14 (a) Developer shall dedicate all four park sites to the
15 City in fee. Dedication of each park shall be made
16 prior to occupancy of the first dwelling unit within
17 the respective phase in which each park is located, or
18 at an alternative time as mutually agree in writing.
19 (b) Developer shall rough grade all four park sites to
20 provide developable pads in accordance with guidelines
21 contained in the Specific Plan. Timing for the grading
22 of the parks may be either before or after dedication
23 of the land, but shall be no later than occupancy of
24 the first dwelling unit within the respective phase in
25 which each park is located unless otherwise mutually
26 agreed in writing. It is intended that the timing for
27 grading of the park site to coincide with the grading
28 of the adjoining planning unit.
002P33DA.010 5
[5-9-90)
265632
1 expend more than $85,000 in development costs for this
2 area.
3 (e) In all instances costs associated with park improvements
4 noted in Paragraphs V.B (a) through (d) above are 1990
5 dollars and shall be adjusted annually in accordance
6 with the Engine erina News Record Construction Index
7 until the year in which onsite improvement park
8 construction commences on each park.
9
10 V.0 As a result of providing parks as described in Section
11 IV above the Developer shall be exempt from paying all City Park
12 Fees.
13
14 VI . Developer shall have the right to negotiate an agreement
15 with a cable television company. City will cooperate to aid
16 Developer to become a party to an agreement with a cable
17 television company, and will grant the appropriate franchises to
18 the cable television company selected by Developer.
19
20 VII . City currently has a storm drain capital improvement fee or
21 downstream runoff mitigation fee. The limit of fees for such
22 improvements shall be $0. 02 (two cents) per square foot of area
23 of developable lots. Developer shall have the election to
24 construct an appropriate storm drain system to protect the
25 Property and to provide for outflow to existing natural water
26 courses in lieu of paying any capital improvement or downstream
27 runoff mitigation fee.
28
002FMA.010 8
(5-9-90]
265b32
1 viii. Developer is not responsible for any improvements to, or
2 maintenance of, trail corridors that may be described in the
3 specific Plan. Provision of a trail corridor doe not imply
4 construction or right to use until such time as a trail program
5 is implemented by the City.
6
7 IX.A The existing City Fire Stations will be capable of
8 providing coverage for the area along Railroad Canyon Road and
9 approximately 3/4 of a mile south along Cottonwood Hills Road.
10 Therefore, prior to issuance of any building permits beyond Phase
11 I or the Open Phase lying north of Railroad Canyon Road, a site
12 shall have been selected by the City east of I-15 and a fire
13 station shall have been constructed and be in operation.
14
15 IX.B The maximum fee payable to City for fire protection
16 services and facilities shall be $150 per unit for residential
17 units, or $0. 15 (15 cents) per square foot for commercial buildinc.
18 areas. In lieu of paying such fees, Developer may elect to enter
19 into an agreement with the City, or with other developers and the
20 City, to establish a Fire Protection District which would provide
21 for fire station facilities and equipment capable of providing
22 services to the Cottonwood Hills development in its entirety as
23 set forth in Paragraph IX.A. above. Developer will not be
24 required to expend more than $750,000 in participation for the
25 aforementioned Fire Protection District. Participation in the
26 Fire Protection District to construct said fire station shall
27 constitute the entire obligation of Developer with respect to
28 provision of facilities and will relieve all future residential,
00MBDA.010 9
I5-9-901
265632
1 commercial and institutional development from obligation for fire
2 protection fees.
3
4 X. The City shall contract for a progressive increase in police
5 services from the General Fund or City-wide Services District or
6 similar to provide an adequate level of service to the Specific
7 Plan area. This Agreement shall not preclude City from imposing
8 a special police impact fee, provided said fee is imposed
9 Citywide.
10
11 XI. In the event mitigation is required for possible impact on
12 the Kangaroo Rat species habitat, Developer shall pay to City, or
13 to any district established for the purpose of a Kangaroo Rat
14 Mitigation Program, as a mitigation fee towards that program.
15 Said fee shall be based on the area shall be based upon the
16 ordinance in effect at the time of issuance of building permits.
17
18 XII . Developer shall pay to the City in conjunction with each
19 building permit a fee of $150 per residential dwelling unit as
20 full mitigation for the impacts of the project upon library
21 services.
22
23 XIII. Except as expressly set forth herein, Developer shall not
24 be responsible for any development impact fees, except a fee for
25 costs of providing a service, other than fire protection, which
26 fee is applied and charged throughout the City. No such fee may
27
28
002FUDA.010 10
(5-9-901
265632
1 be charged to Developer for costs related to capital facilities
2 or infrastructure. No fee described herein shall be increased
3 except as provided in this Agreement.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COV33DiA-010 11
26563;6
1 the subsequent parks is located, or at an alternative
2 time as mutually agreed in writing.
3 V.B Park Development Program:
4 (a) Developer shall improve and landscape the two 5.0 acre
5 Neighborhood parks designated Planning Units 7 and 27.
6 For purposes of this section, "development cost" shall
7 include all landscaping, irrigation, equipment and othe:
8 construction costs, reasonable design and construction
9 survey expenses, plus City inspection fees or other
10 special fees related to the park development. Developer
11 will not be required to expend more than $450, 000 in
12 development costs for each park.
13 (b) Developer shall improve and landscape a portion of the
14 27.7 acre Community Park designated Planning Unit 18 .
15 Developer will not be required to expend more than
16 $600, 000 in development costs for this park.
17 (c) Developer shall provide creek enhancement improvements,
18 including fine grading, landscaping, irrigation, and
19 other measures, to the westerly 7.6 acres of the 27.7
20 acre Community Park designated in the specific Plan as
21 Cottonwood Creek Riparian Area. Developer will not be
22 required to expend more than $150,000 in development
23 costs for this area.
24 (d) Developer shall provide creek enhancement improvements
25 including fine grading, landscaping, irrigation, and
26 other measures, to the 4.4 acre Parkway Park designated
27 Planning Unit 17 . Developer will not be required to
28
002P3BDA.010 7
(5-9-901
265632
1 (c) Developer shall construct at no charge to City all
2 street improvements of any frontage streets adjoining
3 all four parks, including sewer and water connections,
4 storm drainage, electrical power, street lights, curbs,
5 sidewalks and paving. The timing of the street
6 improvements shall be coincident with the improvements
7 to the planning unit immediately adjacent to the park,
8 but no later than occupancy of the first unit within
9 the respective phase in which each park is located, or
10 at an alternative time as mutually agreed in writing.
11 (d) Developer shall construct all infrastructure facilities
12 including arterial and major streets, trunk sewer, wate:
13 reservoirs and transmission mains and pumps, major
14 drainage systems and other backbone facilities which
15 support the park sites. The city shall not be charged
16 for any portion of those infrastructure costs which
17 might otherwise be considered applicable to the park
18 sites.
19 (e) Developer shall construct on-site park improvements and
20 landscaping in accordance with the guidelines contained
21 within the Specific Plan and to standards acceptable to
22 City per the development program described below.
23 Installation of improvements and landscaping for the
24 Neighborhood Park within Phase I shall be completed no
25 later than occupancy of the 300th unit within the
26 Specific Plan, and the remainder of the parks shall be
27 completed no later than occupancy of the thirtieth
28 (30th) dwelling unit within the phase in which each of
002. MA.010 6
(5-9-90)
Pardee Construction 12760 High Bluff Drive,Suite 160
San Diego. California 92130
Company R E C E I V E D Tel (6 191549 5253 Weyerhaeuser
Fax (619)259 6173
y Michael V. McGee
Vice President
June 15, 1994
Registered Mail
RETURN RECEIPT REQUESTED
Mr. Ron Molendyk
City Manager
CITY OF LAKE ELSINORE
130 So. Main Street
Lake Elsinore, CA 92530
RE: PERIODIC REVIEW - COTTONWOOD HILLS DEVELOPMENT AGREEMENT
Dear Ron:
I am writing to you regarding the City's performance of the
Periodic Review under the agreement entitled "Development Agreement
Between the City of Lake Elsinore and Pardee-Grossman/Cottonwood
Canyon" . Section 6. 3 states, in relevant part, " (a) " City shall,
in accordance with applicable state law, review this Agreement at
least once every twelve months from and after the Effective Date
hereof. " By definition, the Effective Date was execution of the
Agreement on June 15, 1990, and the fourth periodic review shall be
limited in scope to compliance with terms of the Agreement during
the period June 15, 1993 through June 14 , 1994 .
During the subject one year period, Pardee has substantially
complied with the provisions of the Specific Plan. On the basis of
the evidence of good faith performance under the Agreement we
expect the City to find us in compliance.
Sincerely,
PARDEE CONSTRUCTION COMPANY
A4;(J4p1k&___
Michael V. McGee
MVM: lf
cc: Charles Birke, Esq.
Internal Revenue Service Department of the Treasury
District Director
Date: Our Letter Dated:
February 27, 1981
Person to Contact:
Irma Hill
Contact Telephone Number.
(213) 688-4889
Cooper-Burkhart House, Inc.
4162 Rubidoux Ave.
Riverside, Ca 92506
Gentlemen:
This modifies our letter of the above date in which we stated that
you would be treated as an organization which is not a private foundation
until the expiration of your advance ruling period.
Based on the information you submitted, we have determined that you
are not a private foundation within the meaning of section 509(a) of the
Internal Revenue Code, because you are an organization of the type described
in section 509(a)(2) Your exempt status under section 501(c) (3) of the
code is still in effect.
Grantors and contributors may rely on this determination until the
Internal Revenue Service publishes notice to the contrary. However, a
grantor or a contributor may not rely on this determination if he or she was
in part responsible for, or was aware of, the act or failure to act that
resulted in your loss of section 509(a) (2) status, or acquired
knowledge that the Internal Revenue Service had given notice that you would
be removed from classification as a section 509(a)(2) organization.
Because this letter could help resolve any questions about your private
foundation status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
District Director
P.O. Box 2350, Los Angeles, Calif. 90053 Letter 1050 (DO) (7-77)