HomeMy WebLinkAboutOrdinance No. 99-O3 ORDINANCE NO. 99-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L G6��`�/
AZUSA, CALIFORNIA,APPROVING AND AUTHORIZING
EXECUTION OF A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF AZUSA AND MONROVIA
NURSERY COMPANY
WHEREAS, local governments are authorized by Government Code section
65864 et sem.,to enter into development agreements with any person having legal or equitable
interest in real property for the development of that property; -
WHEREAS,the City and Monrovia Nursery Company("Monrovia Nursery")
have negotiated the tears of a Development Agreement("Agreement"); and
WHEREAS,the City desires to enter into the Agreement as it will be in the best
interest of the City and the public interest to do so; and ?
WHEREAS,the Agreement is consistent with the City of Azusa General Plan and
the Rosedale Specific Plan and contains all necessary elements required by Government Code
section 65864 et seg. and Section Division 14 of the City of Azusa Municipal Code.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Based on the entire record before the City Council("Council") and
all written and oral evidence presented to the Council,the Council finds the Agreement is
consistent with the General Plan of the City of Azusa("General Plan") and the Rosedale Specific
Plan and systematically implements the goals and objectives of the General Plan and Specific
Plan.
A. The Agreement is consistent with the objectives,policies, general land
uses and programs specified in the general plan and the applicable specific plan because:
B. The Agreement will not be detrimental to the health safety and general
welfare of persons residing in the immediate area nor be detrimental or injurious to the general
welfare of the residents of the City as a whole.
C. The Agreement will not adversely affect the orderly development of
property or the preservation of property values.
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D. The Agreement is consistent with the provisions of Government Code
sections 65864 through 65869.5 and Division 14 of the Azusa Municipal Code.
SECTION 2. Based on the entire record before the Council and all written and
oral evidence presented to the Council,the Council finds the Agreement complies with CEQA
for the following reasons:
An Initial Study and Draft Program EIR have been prepared for the proposed
Agreement in accordance with the provisions of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and the City of Azusa's procedures for implementing
CEQA. Prior to approving the Agreement, the City Council considered the Initial Study, the
Draft Program EIR, and all related documents, as well as any comments received during the
environmental document's public review period. Based on the entire record before the
Council, the staff reports, and all written and oral evidence presented, the Council finds,
determines and declares that although the proposed Agreement related to the project may have
unavoidable adverse impacts, the Council makes the finding according to subsection(c) of
Public Resources Code section 21081 that the benefits of the proposed project and its
associated entitlement, outweigh the unavoidable impacts identified in the EIR.
SECTION 3. The Council hereby approves the Agreement in substantially the
form presented to the Council, a copy of which is attached hereto as Exhibit A,together with
such additions favoring the City and non-substantive amendments as may be approved by both
the City Manager and the City Attorney during execution of the Agreement.
SECTION 4. The City Manager is hereby authorized to execute the Agreement
on behalf of the City and City staff is authorized to take any action and execute any and all
necessary documents to implement the Agreement.
SECTION 5. The City Clerk is directed to record the Agreement with the county
recorder, no later than 10 days after the Agreement is fully executed.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 7. A summary of this Ordinance shall be published in the manner
required by law.
PASSED, APPROVED AUADOEDs,20th day of January
199�.
Cristina C. Madrid
RVPUBMC53679 Mayor
roe
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS.
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the Cit of Azusa, do hereby certify that the foregoing
Ordinance No. 99-03 was duly introduced and placed upon its first reading at an adjourned regular
meeting of the City Council on the 14th day of January, 1999, and that thereafter, said Ordinance
was duly adopted and passed at an adjourned regular meeting of the City Council on the 20th day
of January, 1999, by the following vote to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, BEEBE
NOES: COUNCILMEMBERS: ROCHA, MADRID
ABSENT: COUNCILMEMBERS: NONE
r
� 1
Adolph A. olis
City Clerk
APPROVED AS TO FORM
ity Attorney
-3-
RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Attn: City Manager
[ xe t from filing fees - Govt Code §610 ]
(Space above for Recorders use)
ROSEDALE DEVELOPMENT AGREEMENT
between
THE CITY OF AZUSA
a California municipal corporation
and
MONROVIA NURSERY COMPANY
a California corporation
[Dated as of January 20, 1999 for reference purposes only]
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ARTICLE 1. PARTIES AND DATE.
This Development Agreement ("Agreement") is dated January 20, 1999 for reference
purposes only and is entered into between (i) The City of Azusa ("City"), a California municipal
corporation, and (ii) Monrovia Nursery Company ("Owner"), a California corporation. This
Agreement shall become effective on the Effective Date defined in Section 3.1.91! below.
ARTICLE 2. RECITALS.
2.1 The City is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, pursuant
to Section 65864, gj=. of the Government Code; and
2.2 The City has adopted rules and regulations for consideration of development
agreements, pursuant to Section 65865 of the Government Code; and
2.3 The Owner has requested that the City enter into a development agreement, and
proceedings have been taken in accordance with the rules and regulations of the City; and
2.4 By entering into this Agreement, the City binds future City Councils of the City
by the obligations specified herein, and limits the future exercise of certain governmental and
proprietary powers of the City; and
2.5 The terms and conditions of this Agreement have undergone extensive review by
the City and the City Council and have been found to be fair,just and reasonable; and
2.6 All of the requirements of the California Environmental Quality Act have been met
with respect to the Project and the Agreement and the City has previously reviewed, considered
and certified the Rosedale Environmental Impact Report SCH No:96071118 ("EIR") and adopted
Findings and a Statement of Overriding Considerations and a Mitigation Monitoring Plan
applicable thereto; and
2.7 This Agreement and the Project are consistent with the Azusa General Plan and the
Rosedale Specific Plan, which Specific Plan was adopted by ordinance of the City Council on
January 20, 1999; and
2.8 All actions taken and approvals given by the City have been duly taken or approved
in accordance with all applicable legal requirements for notice, public hearings, findings, votes,
and other procedural matters; and
2.9 Development of the Property in accordance with this Agreement will provide
substantial benefits to the City and will further important policies and goals of the City; and
-- All Article, Section, and Exhibit references are to Articles, Sections, and Exhibits of this
Agreement unless otherwise noted.
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0
2.10 This Agreement will eliminate uncertainty in planning and provide for the orderly
development of the Property, ensure progressive installation of necessary improvements, provide
for public services appropriate to the development of the Project, and generally serve the purposes
for which development agreements authorized under Sections 65864, g1 ,sgq. of the Government
Code are intended; and
2.11 The Owner has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and,
2.12 The Owner has incurred and will in the future incur costs in excess of the generally
applicable requirements in order to assure vesting of legal rights to develop the Property in
accordance with this Agreement.
2.13 On January 14, 1999, the City Council of the City approved the first reading of
Ordinance No. 99-03 ("Ordinance") approving and adopting this Agreement. On January 20,
1999, the City Council approved the second reading of the Ordinance.
ARTICLE 3. GENERAL TERMS.
3.1 Definitions and Exhibits. The following terms when used in this Agreement shall
be defined as follows:
3.1.1 "Agreement" means this Development Agreement.
3.1.2 "City" means The City of Azusa, a California municipal corporation.
3.1.3 "Days" means calendar days unless otherwise specified.
3.1.4 "Dedicate" means to offer the subject land for dedication and to post
sufficient bonds or other security if necessary for the improvements to be constructed by the
Owner on such land at the time of recordation of the final subdivision map for which such
dedication was a condition of approval or as otherwise provided in Article 5.
3.1.5 "Development" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading, the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property, the construction of buildings and structures, and
the installation of landscaping. "Development" includes the right to maintain, repair, or
reconstruct any private building, structure, improvement or facility after the construction and
completion thereof; provided, however, that such maintenance, repair, or reconstruction takes
place within the term of this Agreement on parcels subject to it.
3.1.6 "Development Approvals" means all permits and other entitlements for the
Development of the Property, subject to approval or issuance by the City in connection with
Development of the Property including:
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W General Plan amendments;
(ii) Specific plans and specific plan amendments;
(iii) Zoning;
(iv) Tentative and final subdivision and parcel maps;
(v) Conditional use permits, but only as to those conditions and
requirements pertaining to the Development of the Property;
(vi) Design review approvals;
(vii) Demolition, grading and building permits; and
(viii) Any environmental approvals and certifications.
"Development Approvals" specifically do not include this Agreement.
3.1.7 "Development Exactions" mean, except as otherwise provided in this
Agreement, all exactions, in lieu fees or payments (including but not limited to capital facilities
fees, impact mitigation fees, and service connection fees) or dedication or reservation of land
requirements, obligations for on-site or off-site improvements or construction requirements of a
type not normally regarded as subdivision improvements (i.e., those having a direct nexus to the
particular subdivision), mitigation measures in connection with environmental review, or
impositions made under other rules, regulations, or official policies of the City or in order to make
a project approval consistent with the City's General Plan, including without limitation, any
requirements of the City in connection with or pursuant to any Land Use Regulation or
Development Approval for the development of land, the construction of improvements for public
facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts
of development on the environment or other public interests. Development Exactions shall not
include filing fees or other Processing Fees.
3.1.8 "Development Plan" means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property, as modified and
supplemented by Subsequent Development Approvals.
3.1.9 "Effective Date" means the date on which all three (3) of the following are
true: (i) thirty (30) days have elapsed since the second reading of the Ordinance; (ii) proceedings
for the annexation of the Property into the City's municipal boundaries have been successfully
concluded and there has been a final disposition approving such annexation rendered in any
judicial proceedings brought to challenge such annexation; and (iii) all Exhibits to this Agreement
are finalized, executed by all affected parties (if applicable) and attached hereto; provided,
however, that if this condition(iii) has not been fully satisfied by February 26, 1999, the Effective
Date may not thereafter occur and this Agreement may not thereafter become effective.
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3.1.10 "Existing Development Approvals" means all Development Approvals
approved or issued prior to or on January 20, 1999. Existing Development Approvals includes
the approvals incorporated herein as Exhibit C and all other approvals which are a matter of public
record prior to or on January 20, 1999.
3.1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect
on January 20, 1999. Existing Land Use Regulations include all regulations which are a matter
of public record on January 20, 1999, as they may be modified by the Existing Development
Approvals.
3.1.12 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of the City governing the development and use of land, including
the permitted use of land, the density or intensity of use, subdivision requirements, the maximum
height and size of proposed buildings, the provisions for reservation or dedication of land for
public purposes, and the design, improvement and construction and initial occupancy standards
.and specifications applicable to the Development of the Property. "Land Use Regulations" do not
include any City or City-agency ordinance, resolution, code, rule, plan, regulation or official
policy, governing:
(i) The conduct, licensing or taxation of businesses, professions, -and
occupations;
(ii) Other than as provided in this Agreement, taxes and assessments of
general application upon all residents of the City, provided that the taxes and assessments are not
imposed for the purpose of taxing the right, power or privilege of developing or improving land
(e.g. excise tax) or to directly finance the construction or maintenance of any public improvement
in respect of which the Owner is paying any fee or providing any improvement pursuant to Article
5 hereof;
(iii) The control and abatement of nuisances;
(iv) The granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property;
(v) The exercise of the power of eminent domain.
(vi) The exercise of the Redevelopment Agency of the City of Azusa's
redevelopment powers to form, amend, merge, and administer redevelopment project areas and
redevelopment plans.
3.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender and its successors-in-interest.
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3.1.14 "Mitigation and Monitoring Plan" means the mitigation and monitoring plan
adopted by the City in conjunction with the EIR described in Recital 2.6 and attached as Exhibit D
to this Agreement.
3.1.15 "Owner" means Monrovia Nursery Company, a California corporation, and
its permitted successors in interest to all or any part of the Property.
3.1.16 "Processing Fees" means the normal and customary application, filing, plan
check, permit fees for land use approvals, design review, tree removal permits, building permits,
demolition permits, grading permits, and other similar permits and entitlements, and inspection
fees, which fees are charged to reimburse the City's expenses attributable to such applications,
processing, permitting, review and inspection and which are in force and effect on a general basis
at such time as said approvals, permits, review, inspection or entitlements are granted or
conducted by the City.
3.1.17 "Project" means the Development of the Property contemplated by the
Development Plan, as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
3.1.18 "Property" means the real property described on Exhibit A and shown on
Exhibit B.
3.1.19 "Reservations of Authority" means the rights and authority excepted from
the assurances and rights provided to the Owner under this Agreement and reserved to the City
as described in Section 4.6.
3.1.20 "Subsequent Development Approvals" means all Development Approvals
required subsequent to the Effective Date in connection with development of the Property,
including without limitation, subdivision improvement agreements which require the provision of
bonds or other securities.
Subsequent Development Approvals include, without limitation, all excavation,
grading, building, construction, demolition, encroachment or street improvement permits,
occupancy certificates, utility connection authorizations, or other non-discretionary permits or
approvals necessary, convenient or appropriate for the grading, construction, marketing, use and
occupancy of the Project within the Property at such times and in such sequences as Owner may
choose consistent with the Development Plan and this Agreement.
3.1.21 "Subsequent Land Use Regulations" means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
Other initially capitalized terms appearing in this Agreement shall have the meaning
given to them at the point.at which they first appear.
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3.2 Exhibits. The following documents are attached to and, by this reference,
made a part of this Agreement:
Exhibit A -- Legal Description of the Property.
Exhibit B -- Map showing Property and its location.
Exhibit C -- Existing Development Approvals.
Exhibit D -- Mitigation Monitoring Plan and Project Conditions of Approval.
Exhibit E -- School District Memorandum of Understanding.
Exhibit F -- Reimbursement for Property Acquisition Costs Agreement
Exhibit G -- Water System Requirements
Exhibit H -- Cemetery Memorandum of Understanding
Exhibit I -- Agreement Re Satisfaction of Certain Conditions of Approval .
Exhibit J -- Form of Annual Monitoring Plan
Exhibit K -- Supplemental Fiscal Impact Fee Implementation Agreement
3.3 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Subject to the Owner's receipt of all Development Approvals relative thereto, the
Development of the Property is hereby authorized and shall, except as otherwise provided in this
Agreement, be carried out only in accordance with the terms of this Agreement.
3.4 Ownership of Property. The Owner represents and covenants that it is the owner
of fee simple title to the Property. If the Owner elects to develop, the Owner shall develop the
Property except as otherwise provided in Section 3.6 .
3.5 Term. The term of this Agreement shall commence on the Effective Date and shall
continue for a period of fifteen (15) years thereafter, unless terminated sooner pursuant to a
specific provision of this Agreement. This Agreement may be extended for one (1) additional five
(5) year period following the expiration of the initial 15 year term upon the occurrence of all of
the following:
(i) The Owner shall give written notice to the City no later than one hundred
twenty (120) days before the expiration of the initial 15 year term that the Owner desires to extend
this Agreement for the additional five (5) year period;
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(ii) At the time of the notice described in (i) above, the Owner shall have
applied for and obtained certificates of occupancy for at least 67% of the residential dwelling units
described by the Development Plan;
(iii) At the time of the notice described in(i) above, there is no hearing pending
under Section 7.5; provided, however, that the term of this Agreement shall be extended during
and for the period of the pendency of any hearing (including any continuances or extensions
thereof) conducted under Section 7.5 if, at the conclusion of that hearing, it is determined that the
Owner was not in material breach of this Agreement; and
(iv) The Owner shall not be in default of any material provision of any
agreement between City and Owner relative to the Development of the Property or of any
condition of approval imposed upon any entitlement granted by the City relative to the
Development of the Property for which Owner has been given a written notice to cure by the City
and for which Owner has not cured or commenced to cure such default within thirty (30) days,
if and as provided by such other agreement or condition of approval.
3.6 Assignment,Sale and Transfer of Interest in the Property and This Agreement.
3.6.1 Right to Assign or Transfer the Property. The Owner may transfer all or,
any portion of the Property without the City's consent. Such transferee shall take, hold and develop
the Property (or portion thereof) subject to the provisions of this Agreement. The foregoing
notwithstanding, however, the Owner may not transfer those obligations described in Sections 5.5,
5.6 and 5.8 (collectively, "Public Improvement Obligations") without the prior written consent of
the City, which may be given or withheld as provided in Section 3.6.3.
3.6.2 Assignment of Public Improvement Obligations to Related Entity.
Anything to the contrary in Section 3.6.1 or 3.6.3 notwithstanding, the Owner may assign all or any
portion of the Public Improvement Obligations without the City's consent to an"Owner Affiliate;"
provided, however, an assignment to an Owner Affiliate pursuant to subsections (i) and (ii) below
shall not relieve the Owner from liability or responsibility from compliance with the Public
Improvement Obligations. The Owner and the Owner Affiliate shall be jointly and severally liable for
the performance of such Public Improvement Obligations. For purposes of this Section 3.6.2, the
term"Owner Affiliate" shall mean any of the following:
(i) Any corporation in which the Owner owns and controls, directly or
indirectly, 51 percent or more of the common stock;
(ii) Any general or limited partnership or limited liability company'in which
the Owner is the managing general partner or a member which owns, directly or indirectly, a majority
interest in profits and losses; or
(iii) Lewis Homes Enterprises, a California general partnership, or an entity
in which the general partners of Lewis Homes Enterprises own a majority interest in profits and
losses.
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(iv) Kaufman and Broad Home Corporation, a Delaware corporation, or
any of its affiliates. For the purposes of this Section 3.6.2(iv), "its affiliates" means a person or entity
that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is
under common control with, a specified person or entity.
The Owner shall provide the City with thirty (30) days' advance written notice of any
assignment pursuant to this Section 3.6.2.
3.6.3 Assignment of Public Improvement Obligations to Non-Related Entity.
The Owner may,with the prior written consent of the City, which will not be unreasonably withheld,
assign the Public Improvement Obligations in connection with a transfer of all or any portion of the
Property to a non-related entity, provided
(i) The Owner notifies the City in writing at least sixty (60) days prior to
the date of such assignment; and
(ii) The assignee expressly assumes the Public Improvement Obligations
by a written agreement in a form and containing substitute security for any security previously posted
by the Owner, such security to be in accordance with the Subdivision Map Act.
Until both the conditions set forth in clauses(i) and(ii)above have been satisfied,the
Owner shall not be relieved of liability or responsibility for compliance with the Public Improvement
Obligations. In order to permit the City to make an informed decision to approve or disapprove a
proposed assignment of the Public Improvement Obligations, the City may require the proposed
assignee to submit financial statements in evidence of its fitness, experience and ability(or that of its
senior managerial personnel)to comply with the Public Improvement Obligations being assumed.
Following any permitted assignment of the Public Improvement Obligations as set
forth in this Section 3.6.3,the City shall release the Owner from its Public Improvement Obligations
so assigned and any other agreements or undertakings pertaining to the Public Improvement
Obligations so assigned, and shall release to the Owner any bonds or other security posted to secure
the Public Improvement Obligations so assigned; provided, however, that the City shall not release
any security or undertakings given to secure the performance of any of the Public Improvement
Obligations not assigned.
The Owner shall submit the name of any proposed assignee to the City no less than
sixty (60) days prior to the effectiveness of the proposed assignment. Within forty-five (45) days
following the Agency's receipt of the proposed assignee's financial statements and other information
described in this Section 3.6.3, the City shall in writing either approve or disapprove the proposed .
assignee based on the criteria set forth in this Section 3.6.3. The City's failure to disapprove a
proposed assignee within the allowed forty-five(45) day review period shall be deemed an approval
of the proposed assignee.
3.6.4 Effect of Subsequent Amendments and Defaults by Transferee. Any
amendment to this Agreement between the City and a transferee shall only affect the portion of the
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Property owned by such transferee, and a default by any transferee shall only affect that portion of
the Property owned by such transferee.
3.6.5 Lender's Rights and Obligations. Nothing contained in this Section 3.6 shall
prevent a transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or
deed in lieu of foreclosure, and any successor in interest(including the lender) acquiring the Property,
or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure, shall take such
Property subject to the rights and obligations of the Owner under this Agreement; provided, however,
in no event shall such successor be liable for any defaults or monetary obligations of the Owner
arising under this Agreement prior to acquisition of title to the Property by such successor, and
provided further that in no event shall any such successor be entitled to a building permit or
occupancy certificate until all fees due under this Agreement relating to the portion of the Property
acquired by such successor have been paid to the City and until any other default relating to the
portion of the Property acquired by such successor has been cured.
3.7 Subsequent Assignment. Any subsequent assignment of the Public Improvement
Obligations or any portion thereof after an initial assignment shall be made only in accordance with
and subject to the terms and conditions of Sections 3.6.2 or 3.6.3.
3.8 Termination of Agreement With Respect to Individual Lots and Units. .
3.8.1 Release of Residential Lots/Units. Any other provisions of this Agreement
notwithstanding, this Agreement shall terminate with respect to any lot, or, as to common areas
in a common interest subdivision, upon the sale of the first unit, and such lot or unit shall be
released and no longer be subject to this Agreement without need for the execution or recordation
of any further document, upon satisfaction.of both of the following conditions:
(i) The lot or unit has been finally subdivided and individually (and not
in "bulk") sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
(ii) A certificate of occupancy has been issued for a building on the lot.
3.8.2. Partial Release of Purchaser,Transferee or Assignee of Commercial Lot.
A purchaser, transferee or assignee of a commercial lot (i) which has been finally subdivided as
provided for in the Development Plan and for which a commercial site design review for development
of the lot has been finally approved pursuant to the Development Plan or, (ii) if such'commercial site
design review has not been approved,the lot is a subdivided lot and the conditions of approval of the
subdivision map require security to the reasonable satisfaction of City for the performance of the
improvement obligations applicable to the lot, may submit a request, in writing, to City to release said
lot from the obligations under this Agreement relating to all other portions of the Property. Within
thirty (30) days of such request, City's Community Development Director, or his or her designee,
shall review, and if the above conditions are satisfied, shall approve the request for release and notify
the purchaser, transferee or assignee in writing thereof.
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3.8.3 Termination of Agreement with Respect to Recreational Lots. This
Agreement shall terminate with respect to any lot designated in the Development Plan, this
Agreement, or the Development Approvals for recreational or open space uses upon completion
of all improvements required for that lot as identified in the Development Plan and
commencement of recreational use of such lot.
3.8.4 City to Execute Acknowledgments of.Release. Upon written request by
the Owner, the City will provide releases, reasonably acceptable to the City Attorney in form and
substance, confirming the provisions of this Section 3.8 as to a particular lot or unit. No such
release approved pursuant to this Section 3.8.4 shall cause or otherwise affect a release of Owner
from its duties and obligations under this Agreement as to the remainder of the Property owned by
Owner.
3.9 Amendment or Cancellation of Agreement. This Agreement may be amended,
modified or canceled in whole or part only by the following means:
(i) As provided in Article 7;
(ii) Pursuant to Government Code Section 65869.5, as necessary to comply with
state or federal laws or regulations enacted after the Effective Date; provided, however, that this.
Agreement shall remain in full force and effect to the extent that it is not inconsistent with such
laws or regulations.and to the extent such laws or regulations do not render the remaining
provisions of this Agreement impractical to enforce; or
(iii) By mutual written consent of both the City and the Owner pursuant to
Government Code Section 65868, following all required public notices and hearings and City
Council approval; provided, however, that within the limits of the authority granted to him or her,
the City's Director of Community Development may make the following minor modifications to
this Agreement without the need for formal action by the City's Planning Commission or City
Council:
(a) Minor modifications such as are permitted or by the Specific Plan;
(b) Minor modifications of schematic plans previously approved by the
City; and
-
(c) Minor modifications that do not alter the term of this Agreement,
the permitted uses, density or intensity of uses, maximum height or size of buildings, provisions
for reservations or dedication of land, conditions, terms, restrictions and requirements relating to
Subsequent Development Approvals, and monetary contributions by the Owner.
3.10 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
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W Expiration of the term of this Agreement as set forth in Section 3.5, or as
provided by Section 12.3;
(ii) Entry of a final judgment setting aside, voiding or annulling the adoption
of the ordinance approving this Agreement;
(iii) The adoption of a referendum measure pursuant to Government Code
Section 65867.5 overriding or repealing the Ordinance;
(iv) Completion of the Project in accordance with the tetras of this Agreement
including issuance of all required occupancy permits and acceptance by the City or other
applicable public agency of all required dedications and improvements; or
(v) The entry of a final judgment (or a decision on any appeal therefrom)
voiding the City's General Plan or any element thereof, which judgment or decision would
preclude development of the Project, but only if the City is unable to cure such defect in the
General Plan or element within one hundred and eighty (180) days from the later of entry of final
judgment or decision on appeal.
Termination of this Agreement shall not constitute termination of any other land.
use entitlements approved for the Property Upon the termination of this Agreement, no party
shall have any further right or obligation hereunder except with respect to any obligation to have
been performed prior to such termination, or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination, or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
all fees paid pursuant to Article 5 by the Owner to the City for which construction of the
residential unit or commercial structure has not yet begun shall be refunded (without interest)
within forty-five (45) days after termination to the Owner by the City, unless otherwise
specifically provided elsewhere in this Agreement or by any of the agreements which are attached
to this Agreement.
3.11 Notices.
3.11.1 As used in this Agreement, "notice" includes, without limitation, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
3.11.2 All notices shall be in writing and shall be considered given: (i) when
delivered in person to the recipient named below; or (ii) three days after deposit in the United
States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of
delivery shown in the records of the delivery company after delivery to the recipient named
below; or(iv) on the date of delivery by facsimile transmission to the recipient mined below. All
notices shall be addressed as follows:
RVPUB\SRC\56291 -11-
If to the City:
City Manager
City.of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Facsimile: (626) 334-6358
With Copies to:
Azusa City Attorney
c/o City Clerk
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Facsimile: (626) 334-6358
If to the Owner:
Monrovia Nursery Company
P. O. Box 1385
Azusa, CA 91702-1385
Attn: Chief Executive Officer
Facsimile: (818) 334-3126
With Copies to:
Kaufman and Broad Home Corporation
10990 Wilshire Boulevard
7th Floor
Los Angeles, CA 90024
Attn: General Counsel
Facsimile: (310) 231-4280
3.11.3 Either party may, by notice given at any time, require subsequent notices
to be given to another person or entity, whether a party or an officer or representative of a party,
or to a different address, or both. Notices given before actual receipt of notice of change shall
not be invalidated by the change.
3.12 Validity of This Agreement. The Owner and the City each acknowledge that
neither party has made any representations to the other concerning the enforceability or validity
of any one or more provisions of this Agreement.
RVRVB\SRC\56291 -12-
ARTICLE 4. DEVELOPMENT OF THE PROPERTY.
4.1 Right to Develop. The Owner shall, subject to the terms of this Agreement, have
a vested right, but not the obligation, to develop the Property with a total of 1,602 dwelling units
(1,632 units if the school site expansion is not necessary) in accordance with and to the extent of
the Development Plan, subject to the Existing Land Use Regulations and Reservations of
Authority. Neither the City, nor any person or agency acting on behalf of the City and at the
City's request, shall take any action relating to the Property which would have the intended direct
or indirect effect to unlawfully interfere with the Developer's rights to develop a total of 1,602
dwelling units (1,632 units if the school site expansion is not necessary) on the Property under this
Agreement, provided that the Developer has complied with its obligations under this Agreement
with respect to the Development of the Project. The Property shall remain subject to all
Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings,
and provisions for reservation and dedication of land for public purposes and other terms and
conditions of Development applicable to the Property shall be those set forth in the Development
Plan.
4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided.
by this Agreement, the rules, regulations and official policies and conditions of approval
governing permitted uses of the Property, the density and intensity of use of the Property, the
maximum height and size of proposed buildings, and the design, improvement, occupancy and
construction standards and specifications applicable to development of the Property shall be the
Existing Land Use Regulations. Except as otherwise provided in this Agreement, the City shall
only charge those fees, assessments and amounts which are in effect as of January 20, 1999 and
no additional Development Exactions through the exercise of either the police power or the taxing
power or the Subdivision Map Act shall be imposed by the City on the development of the
Property; provided, however, that in approving tentative subdivision maps, the City may impose
ordinary and necessary dedications for rights-of-way or easements for public access, utilities,
water, sewers and drainage, having a direct nexus with the particular subdivision; provided,
further, that the City may impose and will require normal and customary subdivision improvement
agreements and commensurate security to secure performance of the Owner's obligations
thereunder. Notwithstanding the foregoing,. the Development Plan for the Project approved
concurrently herewith and this Agreement shall supersede all Existing Land Use Regulations that
may be directly inconsistent therewith. If the Development Plan does not address a particular
issue, then.the Existing Land Use Regulations (subject to the Reservations of Authority) shall
control.
Except as otherwise provided in this Agreement, the City may not include the Property in
any community facilities, assessment or other district formed by or on behalf of the City without
the Developer's, or successor in interest to the Property's (or portion thereof), consent, but only
if such consent is legally required by the statutes providing for the formation of such community
facilities, assessment or other district.
RVPUB\SRC\56291 -13-
4.3 Timing of Development. The parties acknowledge that the Owner cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of the Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since
the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37
Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted
in a later adopted initiative restricting the timing of development to prevail over such parties'
agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that the
Owner shall have the right to develop the Property in such order and at such rate and at such times
as the Owner deems appropriate within the exercise of its business judgment, subject only to any
timing or phasing requirements set forth in the Development Plan or this Agreement.
4.4 Changes to Private or Public Improvements Phasing Plans. In the event
Developer shall request any deviation from the phasing requirements of the Public Improvements
to be dedicated to the City as established in the Development Plan or this Agreement, the Owner
shall give the City written notice of such intended deviation, which notice shall include a revised
phasing plan. Minor amendments to the phasing and timing requirements may be approved by
the City's Community Development Director, if and as allowed by the Specific Plan. Major
changes (as defined by the Specific Plan) must be approved by the Planning Commission.
The City will notify Developer of any required change in the timing or phasing of the
providing of public facilities and/or dedications required by the Owner's modification of the
phasing plan for the private improvements within thirty (30) days after the Owner has submitted
a notice with information which, in the good faith judgment of the City, is sufficient to permit the
City to make the necessary analysis of the required change. Any changes required by the City
shall be reasonably related to the changes in the phasing made by the Owner. No phasing change
shall operate to extend the term of this Agreement.
The City may, at any time, require changes to the phasing of the construction of the Public
Improvements if the City determines, in its reasonable discretion, that such phasing changes are
necessary to adequately provide public improvements for the health and safety of the private
segments of the Development.
4.5 Changes and Amendments to Existing Development Approvals. The parties
acknowledge that development of the Project will require Subsequent Development Approvals and
may demonstrate that changes to the Existing Development Approvals are appropriate and
mutually desirable. In the event the Owner finds that a change in the Existing Development
Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development
Approval to effectuate such change and the City shall act on such application in accordance with
the Existing Land Use Regulations, subject to the Reservations of Authority, or except as
otherwise provided by this Agreement. If approved, any such change in the Existing Development
Approvals shall be incorporated as an addendum to Exhibit C, and may be further changed from
time to time as provided in this Section 4.5.
RVPUB\SRC\56291 -14-
4.6 Reservations of Authority. Any other provision of this Agreement to the contrary
notwithstanding, Subsequent Land Use Regulations are limited to the following, which shall apply
to the Development of the Property:
(i) Processing Fees imposed by the City to cover the estimated or actual costs
to the City of processing applications for Development Approvals or for monitoring compliance
with any Development Approvals granted or issued, which fees are charged to reimburse the
City's lawful expenses attributable to such applications, processing, permitting, review and
inspection and Which are in force and effect on a general basis at such time as said approvals,
permits, review, inspection or entitlement are granted or conducted by the City.
(ii) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure.
(iii) Regulations governing engineering and construction standards and
specifications including, any and all uniform codes adopted by the State of California and
subsequently adopted by the City, including local amendments to those codes pursuant to state law
allowing for such amendments; provided that (a) such local amendments are uniformly applied.
to all new development projects of similar type as the Project in the City, (b) that such local
amendments do not mandate the installation of fire sprinklers within any residential structures, it
being agreed that Owners' offer of dedication of a site for a fire station within the Project makes
such a local amendment unnecessary with respect to the Project only, and (c) such local
amendments are supported by a finding of the City Council on a four-fifths (4/5th's) vote of those
Councilmembers qualified to vote that the local amendment is, based upon substantial evidence,
necessary for the protection of public health, safety and welfare, due to local climatic,
geographical or topographical conditions.
(iv) Regulations which may be in conflict with the Development Plan but which
are reasonably necessary to protect the public health and safety; provided, however, the following
shall apply:
(a) That to the extent possible, such regulations shall be applied and
construed so as to provide the Owner with the rights and assurances provided in this Agreement;
and
(b) That such regulations apply uniformly to all new development
projects of the same uses within the City; and
(c) That the City Council finds upon a four-fifths (4/5) vote of those
Councilmembers qualified to vote, based on substantial evidence, that such regulations are
necessary to eliminate or reduce a public danger.
(v) Regulations which do not conflict with the Development Plan. Any
regulation, whether adopted by initiative or otherwise, limiting the rate or timing of.development
RVPVB\SRC\56291 -15-
of the Property shall be deemed to conflict with the Development Plan and shall therefore not be
applicable to the Development of the Property. This Agreement shall not prevent the City, in
acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations
which do not conflict with the Development Plan, nor shall this Agreement prevent the City from
denying or conditionally approving any Subsequent Development Approval on the basis of the
Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the
Development Plan.
The term "do not conflict" means new rules, regulations, and policies which: (a)
do not modify the Development Plan, including, without limitation, the permitted land uses, the
density or intensity of use, the phasing or timing of Development of the Project, the maximum
height and size of proposed buildings on the Property, provisions for dedication of land for public
purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement,
and standards for design, development and construction of the Project, except with respect to
uniform codes as permitted elsewhere in this Agreement; (b) do not prevent Owner from obtaining
any Subsequent Development Approvals, including, without limitation, all necessary approvals,
permits, certificates, and the like, at such dates and under such circumstances as the Owner would
otherwise be entitled by the Development Plan, or (c) do not prevent Owner from commencing,
prosecuting, and finishing grading of the land, constructing public and private improvements, and,
occupying the Property, or any portion thereof, all at such dates and schedules as Owner would.
otherwise be entitled to do so by the Development Plan. Without limiting the foregoing, any Land
Use Regulation limiting the rate or timing of Development of the Property shall be deemed to
conflict with the Development Plan and shall therefore not be applicable to the Development of
the Property.
(vi) Regulations which are in conflict with the Development Plan provided that
the Owner has given written consent to the application of such regulations to Development of the
Property.
4.7 Public Works. The Owner is required by this Agreement to construct certain
public work facilities which will be dedicated to the City or other public agencies upon
completion. Unless required by applicable law to do so, the Owner shall not be required to
perform such work in the same manner and subject to the same requirements as would be
applicable to the City or such other public agency should it have undertaken such construction
including, without limitation, the payment of prevailing wages pursuant to Labor Code Section
1770 g.1 meq. Should it be determined in the future by either the legislature or a court of competent
jurisdiction that the Owner was required to comply with the same requirements as would be
applicable to the City should it have undertaken such construction, the Owner shall defend,
indemnify and hold harmless the City and its elected officials, officers, employees, agents and
contractors from any and all alleged liability, costs, claims, damages, fines, penalties and expense,
including costs of litigation and attorneys' fees, alleged to arise out of or in any way be connected
with the Owner's construction of the public works described in this Agreement.
4.8 Provision of Real Property. Except as otherwise provided in this Agreement, in
any instance where the Owner is required to construct any public improvement on land not owned
RVPUB\SRC\56291 -16-
by the Owner, the Owner shall at its sole cost and expense provide or cause to be provided, the
real property interests necessary for the construction of such public improvements. In the event
the Owner is unable, after exercising reasonable efforts, including, but not limited to, its rights
under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary
for the construction of such public improvements, and if so instructed by the Owner and upon the
Owner's provision of adequate security for costs the City may reasonably incur, the City shall use
reasonable good faith efforts to negotiate the purchase of the necessary real property interests to
allow the Owner to construct the public improvements as required by this Agreement. Upon the
failure of the City to acquire the necessary property interests by negotiation, the City agrees to
consider the use of its powers of eminent domain to acquire those property interests. Nothing in
this Agreement shall be in any way construed to require the City to acquire such real property
interests through exercise of its eminent domain powers. Nothing herein shall be construed to
mean that the City is agreeing or has agreed to exercise the right of eminent domain, which rights
shall be exercised only in the sole discretion of the City and only after the City has determined
pursuant to law that there is substantial evidence of each of the following:
(i) The public interest and necessity require the subject public improvements;
(ii) The public improvements are planned and located in the manner that will .
be most compatible with the greatest public good and the least private injury;
(iii) The real property interests are necessary for the public improvements; and
(iv) That either the offer required by Government Code Section 7267.2 has been
made to the owner or owners of record of the real property interest, or the offer has not been
made because the owner or owners of record cannot be located with reasonable diligence.
This Section 4.8 is not intended by the parties to impose upon the Owner an enforceable
duty to acquire land or construct any public improvements on land not owned by the Owner or
another public agency, except to.the extent that the Owner elects to proceed with the Development
of that portion of the Project for which the improvements are necessary. Nothing in this Section
4.8 shall be deemed to relieve the Owner of its obligation to construct substitute public
improvements or facilities in the event that the Owner or the City is unable to acquire the
rights-of-way and other property interests necessary for the public improvements and facilities
specifically described in Article 5.
Prior to undertaking any proceedings for voluntary acquisition or condemnation, the City
and the Owner shall enter into an agreement, substantially in the form of Exhibit F, which
provides for the Owner's deposit with the City of an amount of funds necessary to reimburse the
City for all costs and expenses incurred by the City relative to such acquisition or condemnation,
including, without limitation, the City staff time, acquisition costs, appraisal costs, legal costs,
negotiation costs, litigation costs and attorneys' fees. The failure of the City and the Owner to
enter into the Agreement described in the preceding sentence shall relieve the City of all of its
obligations pursuant to this Section 4.8;provided, however, that the Owner shall still be obligated
RVPU9\SRC\56291 -17-
to construct the public improvements and facilities, or substitute improvements and facilities, as
further described in Section 5.13 of this Agreement.
Where the Owner is required to construct any public improvement on land owned by the
City and used by the City as public right-of-way, the City shall allow the Owner to construct such
public improvements on the City's right-of-way property free of charge, provided that the Owner
pay for all costs associated with temporarily moving or relocating public utilities or other public
improvements already located in the right-of-way.
4.9 Environmental Compliance. After consideration of the potential adverse
environmental impacts associated with the Project, the City has imposed mitigation measures
through the Specific Plan process, the subdivision review process, the Mitigation Monitoring Plan
attached as Exhibit D, and this Agreement, to the fullest extent the City considers feasible and
necessary, including among other things, the obligations of Developer with respect to the
installation of Public Improvements. The City has determined that the.Development of the Project
in'the manner contemplated by the Development Approvals and this Agreement will provide the
mitigation measures needed to alleviate short-run and long-run potential adverse environmental
impacts created by the Project, and that the public benefits to be derived from the Development
of the Project override any potential adverse environmental impacts which may arise during the
period of the Development of the Project. Therefore, the City agrees, consistent.with California.
Public Resource Code Section 21166 and Title 14 California Code of Regulations, Section 15162,
that no subsequent or supplemental EIR shall be required by the City for the Subsequent
Development Approvals implementing the Development of the Project pursuant to the
Development Plan unless one or more of the following events occurs.
(1) Substantial changes are proposed by Developer which will require major
revisions of the EIR;
(2) Substantial changes occur with respect to the circumstances under which the
Project is being undertaken which will require major revisions in the EIR;
(3) New information becomes available which was not known and could not
have been known at the time the EIR was certified as complete; provided, however, that reanalysis
of data already examined and reported in the EIR shall not be considered new information. The
phrase "new information" does not mean discovery that probabilities of adverse (or beneficial)
results considered in the approval of this Agreement, the Specific Plan or the EIR may prove
incorrect, or that such probabilities are or are not becoming, or have or have not become,
realities, but instead requires that the actual quantitative or qualitative extent of the underlying
issues were not considered and could not have been considered in the environmental analysis
associated with the approval of this Agreement and the EIR; or
(4) Unless required by statute or by order of a court of competent jurisdiction.
4.10 Regulation by Other.Public Agencies. It is acknowledged by the parties that
other public agencies not within the control of the City possess authority to regulate aspects of.the
RVPUB\SRC\56291 -18-
development of the Property separately from or jointly with the City and this Agreement does not
limit the authority of such other public agencies.
4.11 Tentative Subdivision Map Extension. The term of any tentative subdivision
map filed in connection with the Project may be extended in accordance with any applicable
provisions of the Subdivision Map Act or the City's Municipal Code.
4.12 Vesting Tentative Maps. If any, tentative or final subdivision map hereafter
approved in connection with development of the Property is a vesting map under the Subdivision
Map Act (Government Code Section 66410, gt Se4•) and the City's Municipal Code, and if this
Agreement is determined by a final judgment of a court of competent jurisdiction to be invalid or
unenforceable insofar as it grants a vested right to develop to the Owner, then, and to that extent,
the rights and protections afforded the Owner under the laws and ordinances applicable to vesting
maps shall supersede the provisions of this Agreement. Except as set forth immediately above,
development of the Property shall occur only as provided in this Agreement and this Agreement
shall control over any conflicting provision of law or ordinance concerning vesting maps.
4.13 Insurances. During the period of the construction of any public improvements
contemplated by this Agreement, the Owner shall, at its sole cost and expense, maintain
comprehensive general liability insurance and worker's compensation insurance, each with stated.
policy limits of$2,000,000 per occurrence. Insurance shall be provided by a carrier admitted in
California, and with a Best's rating of B+XII or better. Coverage shall be afforded on an
"occurrence", not "claims made," basis, and shall be primary to any insurance that the City may
maintain.
Prior to commencing any public improvement work pursuant to this Agreement or the
Development Approvals, the Owner shall cause its insurance carriers to issue certificates. of
insurance, naming the City and its elected officials, officers, employees, agents and contractors
as additional insureds under the terms of said policies. The certificates of insurance shall state that
the coverage may not be canceled, nor the limits of liability reduced, without thirty (30) days'
prior written notice to the City.
4.14 Satisfaction of Conditions of Approval. Owner and the City have discussed the
implementation and the satisfaction of certain of the Conditions of Approval (attached as Exhibit
D) imposed on the Project and have reached agreement on how specific conditions may be
satisfied. Such agreement is documented on the "Agreement Re Satisfaction of Conditions of
Approval" attached hereto as Exhibit 1.
4.15 Gating of Planning Area 16. Owner shall be permitted to develop Planning Area
16 of the Specific Plan as a gated community.
ARTICLE 5. PUBLIC BENEFITS.
5.1 Intent. The parties acknowledge and agree that development of the Property will
result in substantial public needs which will not be fully met by the Development Plan and further
RVPUB\SRC\56291 -19-
acknowledge and agree that this Agreement confers substantial private benefits on Owner which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on Owner by providing more
fully for the satisfaction of the public needs resulting from the Project.
5.2 Development Agreement Fee; Payment of Supplemental Fiscal Impact Fee.
5.2.1 Development Agreement Fee. In addition to the other consideration
provided to the City hereunder, and in acknowledgment of the valuable vested land use entitlements
to which this Agreement entitles Owner, Owner shall pay the City the principal sum of One Million
Five Hundred Thousand Dollars ($1,500,000), together with simple interest thereon at the rate of
four percent (4%) per annum, compounded quarterly and commencing on January 20, 1999 and
continuing thereafter on the outstanding unpaid principal balance until paid in full (the principal and
accrued interest shall hereinafter be collectively referred to as the"Development Agreement Fee"),
as follows:
5.2.1.1 Within ten(10) days from their mutual execution of this Agreement,
Owner and City shall open a joint escrow account("Escrow Account")with Chicago Title, Pasadena
("Escrow Holder")and Owner shall deposit in the Escrow Account Five Hundred Thousand Dollars
($500,000)of the Development Agreement Fee("Escrowed Portion"). The Owner and the City shall
execute the Escrow Holder's standard escrow instructions, provided, however, that in the event of
any conflict between such escrow instructions and this Section 5.2, the terms and conditions of this
Section 5.2 shall control. The City and the Owner shall share Escrow Holder's charges and expenses
equally. Forty percent (401/6) of the Escrowed Portion shall be deemed earned by the City and
released by the Escrow Holder and paid to the City within five(5) days from the date that the Owner
obtains approval from all cognizant governmental agencies for the"at-grade' crossing of the railroad
tracks on Citrus Avenue("Crossing Approval"). The remaining sixty percent (60%) of the Escrowed
Portion shall be deemed earned by the City and released by the Escrow Holder and paid to the City
within five (5) days following the City's approval of the first tentative tract map for Phase I of the
Project.
If the Owner does not obtain the Crossing Approval by a date determined by
the Owner in its reasonably exercised discretion, the Owner may elect to terminate this Agreement
and, upon said termination and the Owner's execution of all documents necessary to reflect such
termination, the Escrow Holder shall release and pay to the Owner the entirety of the Escrowed
Portion. If this Agreement is terminated by either party following Owner's obtaining of the Crossing
Approval and the payment of the forty percent (40%) of the Escrowed Portion to the City, but prior
to the City's approval of the first tentative tract map for Phase I of the Project, then, within five (5)
days following Owner's execution of all documents necessary to terminate this Agreement, the
Escrow Holder shall release and pay to the Owner the remaining amount of the Escrowed Portion.
If referendum proceedings are brought which result in the repeal of the
Ordinance and the termination of this Agreement pursuant to Section 3.10(iii), then the Escrow
Holder shall release and pay to the Owner the entirety of the Escrowed Portion.
RVPUB\SRC\56291 -20-
5.2.1.2 The remaining portion of the Development Agreement Fee ("Non-
Escrowed Portion") shall be paid directly by the Owner to the City as follows:
(i) The Owner shall pay thirty-three percent (33%) of the Non-
Escrowed Portion within five (5) days following the City's
approval of the first tentative tract map for Phase II of the
Project;
(ii) The Owner shall pay thirty-three percent (33%) of the Non-
Escrowed Portion within five (5) days following the City's
approval of the first tentative tract map for Phase III of the
Project; and
(iii) The Owner shall pay thirty-four percent (34%) of the Non-
Escrowed Portion within five (5) days following the City's
approval of the first tentative tract map for Phase IV of the
Project.
If this Agreement is terminated for any reason whatsoever prior to the full
disbursement of the Non-Escrowed Portion, the Owner shall be relieved from any obligation to make'.
additional payments of the Non-Escrowed Portion, but the City shall have no obligation to return any
previously paid amount of the Non-Escrowed Portion.
5.2.2 Payment of Supplemental Fiscal Impact Fee. The City's approval of the
Project is conditioned upon the Developer's payment of the sum of Four Hundred Fifty One Thousand
Dollars ($451,000) ("Fiscal Impact Fee"), payable in accordance with Condition No. 66 of the s
Project's Conditions of Approval, to reimburse the City for the calculated negative financial impacts
arising from the provision of City services to the Project. The Fiscal Impact Fee was calculated based
on certain assumptions set forth in that certain report entitled "Mitigation Analysis" ("Report")
prepared by Keyser Marston Associates and dated October 28, 1998. The City and the Owner
acknowledge that the actual amount of fiscal impacts related to the Project may be more or less than
those set forth in the Report. In the event that fiscal impacts are greater, as calculated pursuant to
that certain "Supplemental Fiscal Impact Fee Implementation Agreement" described below, the
Owner shall pay (up to a maximum amount described below) an additional fiscal impact fee
("Supplemental Fiscal Impact Fee").
The Owner shall deliver an irrevocable standby letter of credit, to the City in form and
substance reasonably acceptable to the City, to secure the Owner's obligation to pay to the City any
Supplemental Fiscal Impact Fee which may become due. The Owner's Supplemental Fiscal Impact
Fee obligation(if any) shall be the lesser of(i)the actual amount of the Supplemental Fiscal Impact
Fee calculated pursuant to the Supplemental Fiscal Impact Fee Implementation Agreement, or(ii) the
sum of 1.6 million dollars, increased annually as more specifically provided in the Supplemental Fiscal
Impact Fee Implementation Agreement.
The exact terms and conditions concerning the determination of the
Supplemental Fiscal Impact Fee (if any), the Owner's posting of the letter of credit to secure such
RVPUB\SRC\56291 -21-
obligation, and the resolution of any disputes concerning the existence and amount of such obligation,
are set forth in that certain"Supplemental Fiscal Impact Fee Implementation Agreement" attached
as Exhibit
5.3 Water System Improvement Fees. Owner shall pay, and/or dedicate certain water
system improvements in lieu thereof to City, water annexation and water system improvement fees
in accordance with City Resolutions 98-C171 and 98-CI72, as more fully described in Exhibit G.
The fees set forth in Exhibit G shall be adjusted upward or downward based on the Engineer's
National Record (ENR) Los Angeles Area Construction Index, as more fully described in
Exhibit G. Owner shall also satisfy the requirements of Azusa Municipal Code Section 66-4.
5.4 Cemetery Access and Improvements. Owner shall, at its sole cost and expense,
construct or provide those certain improvements around and provide access to the Fairmount
Cemetery, in accordance with the "Memorandum of Understanding," attached as Exhibit H.
5.5 Public Parks.
In satisfaction of the Developer's obligations under Government Code Section 66474,
Owner shall construct and/or dedicate, as described in further detail below, certain areas of the.
Project, identified in the Specific Plan as public parks and trails which includes five and a half
(5.5) acres of joint use park land to be shared with the Azusa Unified School District and up to
one (1) acre of private recreational area, which may be.used as a credit against the park
development requirements. The construction of the foregoing parks and trails shall be at the sole
cost, expense and liability of Owner. The parks and trails shall be developed in accordance with
plans and specifications to be approved by the City prior to the approval of the final subdivision
maps for which the improvements are conditions of approval, in accordance with the Specific
Plan. The phasing of the construction of the parks and trails shall be in accordance with the
phasing plan for the Project set forth in the Specific Plan. The dedication of land and/or the
construction of improvements, including the development of up to one (1) acre of private
recreational facilities shall fully satisfy Owner's obligations pursuant to Mitigation Measure Nos.1
and 2 of Recreation Resources Section of the Mitigation Monitoring Plan, Government Code
Section 66474 and City ordinance.
5.6 Transportation Improvements and Circulation Element Liabilities. In lieu of
constructing transportation/circulation improvements, Owner shall pay City one million dollars
($1,000,000). The payment of said sum shall fully satisfy Owner's obligation to pay circulation
improvement fees pursuant to Mitigation Measures Nos. 1 through 9a (inclusive) and 13 through
15 (inclusive) of the Traffic Circulation Section of the Mitigation Monitoring Plan, and any
requirement adopted by the City pursuant to of the Land Use Section of City's General Plan. In
consideration of the payment of this fee, City agrees to close an existing offsite "at grade" railway
crossing at a location to be determined by the City Council so that a new Citrus Avenue at grade
crossing may be approved by the Metropolitan Transit Authority and the California Public Utilities
Commission. This fee includes any and all environmental review costs associated with the close
of the offsite at grade railway crossing. Additional specifics of the Owner's obligations under this
Section 5.6 are found in Exhibit 1.
WPUB\SRC\56291 -22-
5.7 [Intentionally omitted]
5.8 Landscaping Improvements. Owner shall, at its sole cost, expense and liability,
construct those certain landscaping improvements identified in the Specific Plan. Owner shall
construct the improvements in accordance with the phasing plan for the Project identified in the
Specific Plan. Owner shall dedicate the improvements to the.City at the time of recordation of
the final subdivision maps for which the improvements were a condition of approval. Owner will
construct such landscaping improvements in accordance with all City and other governmental
agency rules, codes, standards, ordinances and regulations in accordance with the Existing Land
Use Regulations, subject to the Reservations of Authority. The dedication and construction of the
landscaping improvements in accordance with the provisions of this Section 5.8 shall fully satisfy
Owner's landscaping improvement obligations with respect to the Project.
5.9 [Intentionally Omitted]
5.10 Public School Impact Mitigation. Because the Project requires the approval of
general plan amendments and a specific plan, City has, under existing law, the right to deny
approval unless Owner fully mitigates the impact of Project's anticipated population on school
facilities to the extent legally permitted. It is the intention of the parties that Owner provide such
mitigation and Owner acknowledges that such mitigation requirements may be in excess of those. ,
mitigation requirements which could be imposed upon Owner pursuant to the Subdivision Map
Act and Government Code Sections 65995 and 65996. However, Owner wishes to secure the
general plan amendments and Specific Plan approvals necessary for the Project prior to final
approval with the school districts with territory in the Project on the nature of the mitigation
program. Accordingly, unless inconsistent with subsequently adopted legislation, prior to or
concurrently with the approval of the fust final,subdivision map applicable to the Project, Owner
shall provide written evidence, acceptable to City, that Owner has reached an agreement with any
and all affected school districts to satisfy.all school impact mitigation measures lawfully required
by any school district impacted by the Project.
City and Owner acknowledge, that as of the Effective Date, the only affected school
district is the Azusa Unified School District. The School District and the Owner have previously
entered into a "Memorandum of Understanding" in fulfillment of the Owner's obligations under
this Section 5.10, a copy of which is attached and incorporated herein by.reference as Exhibit
5.11 Public Utilities Impact Mitigation. Contemporaneously with or prior to the
approval of each final subdivision map applicable to the Project, Owner shall provide written
evidence, acceptable to City, that Owner has fully satisfied all public utilities impact mitigation
measures lawfully required by any public utility purveyor, including, without limitation, phone,
water, electric, cable television and gas, which will service that portion of the Project. Evidence
in the form of either a will serve letter or an executed service contract from the applicable utility
may be presented to the City in satisfaction of such mitigation measures.
5.12 Electric Service Connection Fees. Owner shall pay City electric service
connection fees.
FVPu8\sac\56291 -23-
5.13 Alternative Improvements Interests. City and Owner acknowledge and agree that
acquisition of the real property and other interests necessary for the construction of the public
improvements described in this Article 5 is subject to the provisions of Section 4.8. If, due to any
reason whatsoever, Owner is unable to construct those public improvements described in this
Article 5 due to the inability of either Owner or City to acquire the necessary real property or
other interests to allow such construction, then Owner shall construct alternative improvements
of an equal or greater value than those improvements which would have been constructed had the
necessary property and other interests been obtained or pay the applicable fees in lieu thereof.
The alternative improvements and/or fees shall mitigate the impacts which the originally-planned
improvements were designed to mitigate. The value of such alternative improvements, and the
corresponding credit granted to Owner against those fees which Owner would otherwise be
required to pay but for its construction of the improvements contemplated in this Article 5, shall
be as determined in the City's reasonable discretion, consistent with the programs, studies and
reports substantiating the amount of development impact fees adopted by the City. Construction
of the alternative improvements shall be in accordance with plans and specifications approved by
City in accordance with all codes, ordinances, regulations, standards and policies in effect at the
time of the construction of the improvements.
5.14 Environmental Site Inspection. Owner hereby grants to the City, its agents,
contractors, employees and other representatives the right, upon reasonable notice, to enter upon
the Property during reasonable business hours for purposes including without limitation, the
surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute
discretion, to make the determination of whether "hazardous or toxic" (as such terms are defined
by provisions of any applicable federal, state or local rule or regulations) pollutants, contaminants
or materials at levels in excess of the Health Based Cleanup Levels ("HBCL's") as determined by
the McLaren Hart report dated April, 1993, (collectively, "environmental contaminants") are
located upon any property which the City will be receiving through dedication including, without
limitation, on dedicated property, parks, rights of way, and utility easements. Upon discovery
of any environmental contamination, Owner shall define the lateral and vertical extent of the
environmental contamination and take such actions as necessary, in accordance with applicable
law, to reduce the environmental contamination to levels below the appropriate HBCL. If
required by California or federal law, Owner shall notify all appropriate governmental authorities
and regulatory agencies of such environmental contamination and of the steps taken by Owner to
define and remediate such environmental contamination. Work on the particular dedicated
property affected by the environmental contamination may be recommenced after verification
samples collected from such property establish that the environmental contamination has been
removed or remediated.
ARTICLE 6. FINANCING OF PUBLIC IMPROVEMENTS AND MAINTENANCE
OBLIGATIONS.
6.1 Landscape and Lighting Maintenance and Street Maintenance Community
Facilities Districts. The City and the Owner agree to the formation of Communities Facilities
District ("CFD") pursuant to the terms of Government Code Section 53311, gI Sgq., the territory
RVPUB\SRC\56291 -24-
of which shall include only the Project, for the purposes of the payment of maintenance and
operation costs associated with the landscaping and lighting and street improvements located
within the Project including, without limitation, the maintenance and operation costs of the parks
described in Section 5.5. Owner shall consent to the annexation of the formation of the CFD prior
to the earlier of the recordation of the first final subdivision map for the Project or the first sale,
transfer or conveyance of the Property or any portion thereof. .The Owner further expressly
agrees that failure of Owner to consent to the formation of such CFD will result in disapproval
of any future tentative or final subdivision maps for the Project and will be cause for the City to
terminate this Agreement, except as provided below.
The Owner also agrees that additional areas may be annexed into the CFD to be created
pursuant to this Section 6.1; provided, however, that after giving effect to such annexation, the
Owner is subject only to its fair share of the obligations and costs incurred as a result of the
annexation. The Owner agrees to cooperate fully in any such annexation proceedings.
If, for any reason whatsoever, the Property or portion thereof does not become part of a
CFD as provided in this Section 6.1, or if any such CFD which is formed is eliminated for any
reason whatsoever or does not provide for the maintenance of the entirety of the landscaping and
lighting and street improvements within the Property or portion, then Owner will provide for the
creation of a private property owner's association, or an adequate financing alternative reasonably.
acceptable to the City, to undertake such maintenance obligations work. Failure to provide for
the creation of such an owner's association, or an adequate alternative reasonably acceptable to
the City, when required by the terms of this Section 6.1 shall result in the disapproval of
subdivision maps or other Subsequent Development Approvals with respect to the Property or
portion and shall be cause for the City to terminate this Agreement.
6.2 Community Facilities Districts for School Impacts Mitigation. The Owner
expressly acknowledges its school impact mitigation obligations pursuant to the EIR. The Owner
and the City expressly acknowledge and agree that such mitigation measures (in accordance with
Section 6.1) may include the formation of a Community Facilities District or Districts for the
purposes of financing school facilities and/or maintenance and operation expenses.
6.3 General Provisions Regarding Special Assessment Districts and Similar
Financing Mechanisms. If deemed appropriate, the City and the Owner will cooperate in the
formation of any special assessment district or alternate financing mechanism (not identified in
Sections 6.1 and 6.2 above) to pay for the construction and/or maintenance and operation of
public infrastructure facilities required as part of the Development Plan. The City also agrees
that, to the extent that any such district or other financing entity is formed and sells bonds in order
to finance such reimbursements, the Owner may be reimbursed to the extent that Owner spends
funds or dedicates land for the establishment of public facilities which are not otherwise required
pursuant to this Agreement. Notwithstanding the foregoing, it is acknowledged and agreed that
nothing contained in this Agreement shall be construed as requiring the City to form any such
district or to issue and sell bonds.
RVPUB\SRC\56291 -25-
ARTICLE 7. REVIEW FOR COMPLIANCE.
7.1 Periodic Review. The Community Development Director or his or her designee
shall review this Agreement annually, on or before each anniversary of the Effective Date, in
order to ascertain the Owner's good faith compliance with this Agreement. The Owner shall
submit an annual monitoring report, in the form attached as Exhibit J, within 30 days after written
notice from the Community Development Director or his or her designee. The annual monitoring
report shall be accompanied by an annual review and administration fee, not to exceed the City's
estimated internal and. third party costs associated with the review and administration of this
Agreement during the succeeding year.
7.2 Special Review. The Planning Commission or City Council may order a special
review of compliance with this Agreement at any time upon Owner's alleged default. The City
Manager or his or her designee shall conduct such special review. If the special review is held
because of a default by the Owner in the performance of any term of this Agreement, then the
City shall provide written notice to the Owner of the nature of the alleged default.
7.3 Procedure for Review.
7.3.1 During either a periodic review or a special review, the Owner shall be
required to demonstrate good faith compliance with the tetras of the Agreement. The burden of
proof on this issue shall be on the Owner.
7.3.2 Upon completion of a periodic review or a special review, the City Manager
or his or her designee shall submit a report to the Planning Commission setting forth the evidence
concerning good faith compliance by the Owner with the terms of this Agreement and his/her
recommended finding on that issue. The Owner shall be provided a copy of the City Manager's
report no less than ten (10) days prior to the meeting at which the Planning Commission considers
such report.
7.3.3 If the Planning Commission finds on the basis of substantial evidence that
the.Owner has complied in good faith with the terms and conditions of this Agreement, the review
shall be concluded.
7.3.4 If the Planning Commission detemtines on the basis of substantial evidence
that the Owner has not complied in good faith with this Agreement and is in default hereunder,
then the City shall provide written notice to the Owner of the default, setting forth the nature of
the default and the actions required by Owner to cure such default. The City may not proceed
with modification or termination of this Agreement pursuant to Section 7.4 if, (i) within thirty
(30) days after receipt of the foregoing notice, the Owner commences to cure the default and
diligently prosecutes such cure to completion within sixty (60) days after the notice is given, or
(ii) if the default is of such a nature that it cannot reasonably be cured within said sixty (60) day
period, within thirty (30) days after receipt of the foregoing notice, Owner commences to cure the
default and diligently prosecutes such cure to completion thereafter.
RVPUB\SRC\56291 -26-
7.4 Procedure for Modification or Termination. If, upon a preliminary
determination pursuant to Section 7.3.4 and the Owner's subsequent failure to commence and/or
cure the default as provided therein, the Planning Commission may modify or terminate this
Agreement by giving written notice to the Owner of its intention to do so at a public hearing
noticed in accordance with provisions of the City's Municipal Code. The notice to the Owner
shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain:
(i) The time and place of the hearing;
(ii) A statement as to whether or not the Planning Commission proposes to
terminate or to modify the Agreement; and
(iii) Staff reports, documents, exhibits, and such other information as is
reasonably necessary to inform the Owner of the nature of the proceeding and of the evidence to
be presented at the public hearing.
7.5 Hearing on Modification or Termination. At the time and place set for the
hearing on modification or termination, the Owner shall be given an opportunity to be heard. If
the Planning Commission finds, based upon substantial evidence, that the Owner has not complied.
in good faith with the terms or conditions of this Agreement, the Planning Commission may
terminate this Agreement notwithstanding any other provision of this Agreement to the contrary,
or modify this Agreement and impose such conditions as are reasonably necessary to protect the
interests of the City. The Owner may appeal any determination of the Planning Commission to
the City Council in accordance with the City's Municipal Code. The decision of the City Council
shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
7.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or
special review, the Owner is found to be in compliance with this Agreement, the City shall issue
a Certificate of Agreement Compliance ("Certificate") to the Owner stating that after the most
recent periodic or special review and based upon the information known or made known to the
City Manager and City Council that (1) this Agreement remains in effect and (2) the Owner is not
in default. The Certificate shall be in recordable form, shall contain information necessary to
communicate constructive record notice of the finding of compliance, shall state whether the
Certificate is issued after, a periodic or special review, and shall state the anticipated date of
commencement of the next periodic review. The Owner may record the Certificate with the
County Recorder.
The City shall not be bound by a Certificate if a default existed at the time of the periodic
or special review, but was concealed from or otherwise not known to the City Manager and City
Council, regardless of whether.or not the Certificate is relied upon by assignees or other
transferees or the Owner.
RVPUB\SRC\56291 -27-
ARTICLE 8. INCORPORATION AND ANNEXATION.
8.1 Intent. If all or any portion of the Property is annexed to or otherwise becomes
a part of another city, it is the intent of the parties that this Agreement shall survive and be
binding upon such other jurisdiction.
8.2 Annexation. The Owner and the City shall oppose, in accordance with the
procedures provided by law, the annexation to any other city of all or any portion of the Property
unless both the Owner and the City give written consent to such annexation.
ARTICLE 9. DEFAULTS AND REMEDIES.
9.1 Remedies in General. It is acknowledged by the parties that the City would not
have.entered into this Agreement if it were to be liable in damages under this Agreement, or with
respect to this Agreement or the application thereof, except as hereinafter expressly provided.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that the City shall not be liable in monetary
damages, unless expressly provided for in this Agreement, to the Owner, to any mortgagee or.
lender, or to any successors in interest of the Owner or mortgagee or lender, or to any other
person, and the Owner covenants on behalf of itself and all successors in interest to the Property
or any portion thereof, not to sue for damages or claim any damages:
(i) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(ii) For the impairment or restriction of any right or interest conveyed or
provided under, with, or pursuant to this Agreement, including, without limitation, any
impairment or restriction which the Owner characterizes as a regulatory taking or inverse
condemnation; or
(iii) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
Nothing contained herein shall modify or abridge the Owner's rights or remedies
(including its rights for damages, if any) resulting from the exercise by the City of its power of
eminent domain; provided, however, that such exercise must result in a physical occupation of
the Property or portion thereof. Nothing contained herein shall modify or abridge the Owner's
rights or remedies (including its rights for damages, if any) resulting from the grossly negligent
or malicious acts of the City and its officials, officers, agents and employees. Nothing herein
shall modify or abridge any defenses or immunities available to the City and its employees
pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law.
Except as set forth in the preceding paragraph, the Owner's remedies shall be limited to
those set forth in this Section 9.1, Section 9.2, and Section 9.5.
RVPU9\SRC\56291 -28-
9.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate, and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(i) Except as provided in Sections 9.1 and 9.5, money damages are unavailable
against the City as provided in Section 9.1 above.
(ii) Due to the size, nature and scope of the Project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, the Owner may be foreclosed from other choices it may have
had to use the Property or portions thereof. The Owner has invested significant time and
resources and performed extensive planning and processing of the Project in agreeing to the terms
of this Agreement and will be investing even more significant time and resources in implementing
the Project in reliance upon the terms of this Agreement, and it is not possible to determine the
sum of money which would adequately compensate the Owner for such efforts; the parties
acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
9.3 Release. Except for those remedies set forth in Sections 9.1, 9.2 and 9.5, the
Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents and.
employees from any.and all claims, demands, actions, or suits of any kind or nature arising out
of any liability, known or unknown, present or future, including, but not limited to, any claim or
liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the
Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks
to impose any other liability or damage, whatsoever, upon the City because it entered into this
Agreement or because of the tetras of this Agreement. ;
The Owner acknowledges that it may have suffered, or may suffer, damages and other
injuries which are unknown to .it, or unknowable to it, at the time of its execution of this
Agreement. Such fact notwithstanding, the Owner agrees that the release provided in this Section
9.3 shall apply to such unknown or unknowable claims and damages. Without limiting the
generality of the foregoing, the Owner acknowledges the provisions of California Civil Code
Section 1542, which provide:
A general release does not extend to claims
which the creditor does not know or suspect to
exist in his favor at the time of executing the
release, which if known by him must have
materially affected his settlement with the
debtor.
The Owner hereby waives, to the maximum legal extent, the provisions of California Civil
Code Section 1542 and all other statutes and judicial decisions of similar effect.
RVPUB\SRC\56291 -29-
9.4 Termination of Agreement for Default of the City. The Owner may terminate
this Agreement only in the event of a default by the City in the performance of a material term
of this Agreement and only after providing written notice to the City of default setting forth the
nature of the default and the actions, if any, required by the City to cure such default and, where
the default can be cured, the City has failed to take such actions and cure such default within 60
days after the effective date of such notice or, in the event that such default cannot be cured within
such 60 day period but can be cured within a longer time, has failed to commence the actions
necessary to cure such default within such 60 day period and to diligently proceed to complete
such actions and cure such default.
9.5 Attorneys' Fees and Costs. In any action or proceeding between the City and the
Owner brought to interpret or enforce this Agreement, or which in any way arises out of the
existence of this Agreement or is based upon any term or provision contained herein, the
"prevailing patty" in such action or proceeding shall be entitled to recover from the non-prevailing
parry, in addition to all other relief to which the prevailing party may be entitled pursuant to this
Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to
be determined by the court. The prevailing party shall be determined by the court in accordance
with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this
Section 9.5 include those incurred during any appeal from an underlying judgment and in the .
enforcement of any judgment rendered in any such action or proceeding.
ARTICLE 10. THIRD PARTY LITIGATION.
10.1 General Plan Litigation. The City has determined that this Agreement is
consistent with its General Plan. The Owner has reviewed the General Plan and concurs with the
City's determination.
The City shall have no liability under this Agreement or otherwise for any failure of the
City to perform under this Agreement, or for the inability of the Owner to develop the Property
as contemplated by the Development Plan, which failure to perform or inability to develop is as
the result of a judicial determination that the General Plan, or portions thereof, are invalid or
inadequate or not in compliance with law, or that this Agreement or any of the City's actions in
adopting it were invalid, inadequate, or not in compliance with law.
10.2 Third Party Litigation Concerning Agreement or EIR. The Owner shall defend,
at its expense, including attorneys' fees, indemnify, and hold harmless the City, its agents,
officers and employees from any claim, action or proceeding against the City, its agents, officers
or employees to attack, set aside, void, or annul the approval of this Agreement or the approval
of any permit granted pursuant to this Agreement. The City shall promptly notify-the Owner of
any such claim, action or proceeding, and the City shall cooperate in the defense. If the City fails
to promptly notify the Owner of any such claim, action or proceeding, or if the City fails to
cooperate in the defense, the Owner shall not thereafter be responsible to defend, indemnify or
hold harmless the City. The City may in its discretion participate in the defense of any such
claim, action or proceeding.
RVPOB\SRC\56291 -30-
The provisions of this Section 10.2 shall not apply to any claim, action or proceeding
which is initiated by any City official or officer acting in his or her private capacity.
10.3 [Reserved].
10.4 Environmental Contamination. The Owner shall indemnify and hold the City, .
its officers, agents, and employees free and harmless from any liability, based or asserted, upon
any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors
in interest, successors, assigns and independent contractors, excepting any acts or omissions of
City as successor to any portions of the Property dedicated or transferred to City by Owner, for
any violation of any federal, state or local law, ordinance or regulation relating to industrial
hygiene or to environmental conditions on, under or about the Property, including, but not limited
to, soil and groundwater conditions, and the Owner shall defend, at its expense, including
attorneys, fees, the City, its officers, agents and employees in any action based or asserted upon
any such alleged act or omission. The City may in its discretion participate in the defense of any
such claim, action or proceeding.
The provisions of this Section 10.4 do not apply to environmental conditions which predate
Owner's ownership or control of the Property or applicable portion; provided, however, that the
foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable
obligations as an owner or seller of the Property.
10.5 The City to Approve Counsel. With respect to Sections 10.1 through 10.4, the
City reserves the right to approve the attorney(s) which the Owner selects, hires or otherwise
engages to defend the City hereunder, which approval shall not be unreasonably withheld.
10.6 Accept Reasonable Good Faith Settlement. With respect to Section 10.2, the
City shall not reject any reasonable good faith settlement. If the City does reject a reasonable,
good faith settlement that is acceptable to the Owner, the Owner may enter into a settlement of
the action, as it relates to the Owner, and the City shall thereafter defend such action (including
appeals) at its own cost and be solely responsible for any judgments rendered in connection with
such action. This Section 10.6 applies exclusively to settlements pertaining to monetary damages
or damages which are remedial by the payment of monetary compensation. The Owner and the
City expressly agree that this Section 10.6 does not apply to any settlement which requires an
exercise of the City's police powers, limits the City's exercise of its police powers, or affects the
conduct of the City's municipal operations.
10.7 Survival. The provisions of Sections 10.1 through 10.6, inclusive, shall survive
the termination or expiration of this Agreement.
ARTICLE 11. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit the Owner, in any
manner, at the Owner's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
RVPUB\SRC\56291 -31-
financing with respect to the Property. The City acknowledges that the lenders providing such
financing may require certain interpretations and modifications of this Agreement and agrees upon
request, from time to time, to meet with the Owner and representatives of such lenders to
negotiate in good faith any such request for interpretation or modification. The City will not
unreasonably withhold its consent to any such requested interpretation or modification provided
such interpretation or modification is consistent with the intent and purposes of this Agreement,
provided, further, that any modifications of this Agreement are subject to the provisions of Section
3.9. Any Mortgagee shall be entitled to the following rights and privileges:
(i) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value; and
(ii) Any Mortgagee which has submitted a written request to the City in the
manner specified herein for giving notices shall be entitled to receive written notification from the
City of any default by the Owner in the performance of the Owner's obligations under this
Agreement.
(iii) If the City timely receives a request from a Mortgagee requesting a copy,
of any notice of default given to the Owner under the terms of this Agreement, the City shall
provide a copy of that notice to the Mortgagee within ten(10) days of sending the notice of default
to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed the Owner under this Agreement.
(iv) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such fore-
closure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of the Owner's obligations or other
affirmative covenants of the Owner hereunder, or to guarantee such performance. However, to
the extent,that the performance of such obligation by the Owner is a condition precedent to the
performance of any act by the City, the City shall have no obligation to perform such act
hereunder unless and until the Mortgagee performs the covenant of the Owner which is the
condition precedent to the City's performance. Although a Mortgagee is not obligated to perform
the obligations and covenants of the Owner hereunder, if the Mortgagee elects to so perform,-such
performance shall.be in full accordance with the terms of this Agreement. Any sale, transfer or
assignment by any Mortgagee in possession shall be subject to the provisions of Section 3.6 of this
Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
12.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk-within the period required
by Government Code Section 65868.5.
RVPU6\SRC\56291 -32-
12.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terns,or conditions of this Agreement.
12.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not rendered impractical to perform
taking into consideration the purposes of this Agreement. The foregoing notwithstanding, the
provision of the public benefits set forth in Article 5, including the payment of the fees set forth
therein, are essential elements of this Agreement and the City would not have entered into this
Agreement but for such provisions, and therefore in the event that any portion of such provisions
are determined to be invalid, void or unenforceable, at the City's option this entire Agreement
shall terminate and from that point on be null and void and of no force and effect whatsoever.
The foregoing notwithstanding, the development rights set forth in Article 4 of this Agreement
are essential elements of this Agreement and the Owner would not have entered into this
Agreement but for such provisions, and therefore in the event that any portion of such provisions.
are determined to be invalid, void or unenforceable, at the Owner's option this entire Agreement
shall terminate and from that point on be null and void and of no force and effect whatsoever.
12.4 Interpretation and Governing Law.. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
12.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
12.6 Singular and Plural. As used herein, the singular of any word includes the plural.
12.7 Joint and Several Obligations. If at any time during the term of this Agreement
any part of the Property is jointly owned, in whole or in part, by more than one Owner, all
obligations of such Owners under this Agreement as to that portion of the Property jointly owned
shall be joint and several, and.the default of any such Owner shall be the default of all such
Owners. The foregoing notwithstanding, no Owner of a single lot which has been finally
subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate
user shall have any obligation under this Agreement except as provided herein.
•RVPUB\SRC\56291 -33'
12.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
12.9 Waiver. Failure by a parry to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such parry's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
12.10 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
12.11 Force Majeure. In the case of a force majeure event, any and all time periods
referred to in this Agreement shall be extended for a period equal to any delay caused by any such
force majeure event; provided, however, that no such time period shall be extended beyond a
cumulative total of five (5) years. "Force majeure" as used herein means war, insurrection,
strikes, lock-outs, riots, floods, unavoidable casualty, acts of God, third parry litigation, or other
causes similar or dissimilar to the foregoing, which are beyond the independent or reasonable
control of all parties or any parry to this Agreement or which prevents any parry to this Agreement
from performing its obligations under this Agreement. The failure or the inability of the City to
exercise rights of eminent domain for the purpose of acquiring such property rights as may be
necessary for the installation of the Public Improvement, which failure prevents or impedes
Developer from completing the installation of Infrastructure Items shall be deemed a force majeure
event entitling Developer to the time period extensions referred to herein; provided, however, that
no extension shall be granted when the City's failure or inability is solely or partially due to the
Owner's breach of any obligation of this Agreement or any agreement referenced in and/or
attached to this Agreement. No extensions may be granted due to the Owner's inability to obtain
financing with respect to the Development of the Project.
12.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefitted thereby
of the covenants to be performed hereunder by such benefitted parry.
12.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall he enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (i) is for the benefit of and is a burden
upon every portion of the Property; (ii) runs with the Property and each portion thereof; and, (iii)
is binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
12.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
RVPUB\SRC\56291 -34-
12.15 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by a party hereto for the purpose of enforcing, construing or determining
the validity of any provision of this Agreement shall be filed and prosecuted in the Superior Court
of the County of Los Angeles, State of California, and the parties hereto waive all provisions of
federal or state law or judicial decision providing for the filing, removal or change of venue to
any other state or federal court, including, without limitation, Code of Civil Procedure Section
394.
12.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that
neither party is acting as the agent of the other in any respect hereunder, and that each parry is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between the City and the Owner is that of a government entity
regulating the development of private property and the owner of such property.
12.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder-in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. .
Upon the request of either party at any time. the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence
or consummate the transactions contemplated by this Agreement.
12.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by the City of its power of eminent domain.
12.19 Agent for Service of Process. In the event the Owner is not a resident of the State
of California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or if it is a foreign corporation, then the Owner shall
file, upon its execution of this Agreement, with the Community Development Director or his or
her designee, upon its execution of this Agreement, a designation of a natural person residing in
the State of California, giving his or her name, residence and business addresses, as its agent for
the purpose of service of process in any court action arising out of or based upon this Agreement,
and the delivery to such agent of a copy of any process in any such action shall constitute valid
service upon the Owner. If for any reason service of such process upon such agent is not feasible,
then in such event the Owner may be personally served with such process out of this County and
such service shall constitute valid service upon the Owner. The Owner is amenable to the process
so served, submits to the jurisdiction of the Court so obtained, and waives any and all objections
and protests thereto.
12.20 Authority to Execute. The person or persons executing this Agreement on behalf
of the Owner warrants and represents that he/she/they have the authority to execute this
Agreement on behalf of his/her/their corporation, partnership or business entity and warrants and
RVPUB\SRC\56291 -35-
represents that he/she/they has/have the authority to bind the Owner to the performance of its
obligations hereunder.
12.21 Subsequent Amendment to Authorizing Statute. This Agreement has been
entered into in reliance upon the provisions of the statute governing development agreements
(Government Code Sections 65864 through 65869.5 inclusive) in effect as of the Effective Date.
Accordingly, subject to Sections 3.9 and 4.6 above, to the extent the subsequent amendments to
the Government Code would affect the provisions of this Agreement, such amendments shall not
be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless
so provided by the amendments.
12.22 No Personal Obligation/No Completion Obligation, This Agreement in and of
itself does not represent a personal obligation of individual members of Owner, its successors or
assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the
Owner, its successors or assigns to complete the development of the entire Project as
contemplated, or any particular portion thereof, or to commence or complete construction of the
Project within any particular time.
No officer, official, employee, agent, contractor or attorney of the City shall have any .
personal liability or obligation for the performance of the City's obligations hereunder.
[Signatures on following pages]
RVPUB\SRC\56291 -36-
THE CITY OF AZUSA
a California municipal corporation
ItiCy �
ck Cole
City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
City Attorney
OWNER:
MONROVIA NURSERY COMPANY
a California corporation
By: _4zi?, -
Its: Au7Lwix'A
By:
Its:
RVPUB\SRC\56291 -37-
EXHIBIT "A" TO ROSEDALE DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
[Attached behind this page]
RVPUB\SRC\56291
EXHIBIT A
PARCEL 1:
THAT PORTION OF THE AZUSA RANCHO CONFIRMED TO RENRY DALTON, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN. BOOK.2, PAGE 106 OF PATENTS,
RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS:
BEGINNING AT THE 1NTERSECTION OF THE SOUTHERLY LINE'OF SIERRA MADRE AVENUE, 50
FEET WIDE, WITH THE EASTERLY LINE OF SUBDIVISION NO. 2; AZUSA LAND AND WATER CO. ,
AS PER MAP RECORDED IN BOOK 43. PAGE 94, OF MISCELLANEOUS RECORD$ IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 00 DEGREES OS MINUTES 35
SECONDS WEST ALONG SAID EASTERLY LINE, 1,455.26 FEET; TRENCE SOUTH 84 DEGREES 46
MINUTES 27 SECONDS EAST 347.61 FEET; THENCE NORTH 40 DEGREES SB MINUTES 44
SECONDS EAST 447.10 FEET, MORE'OR LESS, TO AN ANGLE .POINT IN THE NORTHEASTERLY
LINE OF.THE LAND DESCRIBED IN DEED TO .ROYDON VOSSURG, ET AL., RECORDED IN BOOK
9957, PAGE 47, OFFICIAL RECORDS; THENCE SLY AND NORTHERLY. ALONG THE
NORI11 NLSTERLY AND EASTERLY LINES OF. SAID LAND, BEING ALSO THE SOUTHWESTERLY AND
WESTERLY LINES OF PARCEL 6. AS SHOWN ON A LICENSED SMMEYDR'S MAP RECORDED IN
BOOK 29. PAGE 37, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THE FOLL.OW]2 G BEARINGS AMID DISTANCES: NORTH 35 DEGREES 36 MINUTES 10
SECONDS WEST 59.65 FEET; NORTH 25 DEGREES 33 MINUTES 40 SECONDS WEST 81.75 FEET;
NORTH 3S DEGREES 52 MINUTES 40 SECONDS NEST 231.80 FEET; NORTH 18 DEGREES 48
MINUTES 10 SECONDS WEST 118.65 FEET; NORTH 19 DEGREES 44 MINUTES 50 SECONDS WEST
144.44 FEET; NORTH 24 DEGREES 36 MINUTES 00 SECONDS WEST 33.55 FEET; NORTH 38
DEGREES 09 MINUTES 10 SECONDS WEST 140.60 FEET; NORTH 01 DEGREES 03 MINUTES 40
SECONDS WEST 59.68. FEET; NORTH OS DEGREES 16 MINUTES 35 SECONDS EAST 259.56 FEET.
AND NORTH 18 DEGREES 52 MINUTES 53 SECONDS EAST 144.76 FEET TO THE SOUTHERLY LINE
OF SAID SIERRA MADRE AVENUE; THENCE SOUTH 89 DEGREES 03 MINUTES 55 SECONDS WEST
313.06 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
PARCEL A:
THAT PORTION OF THE RANCHO AZUSA. COUNTY OF IAS ANGELES, STATE OF CALIFORNIA. -AS
CONFIRMED TO HENRY DALTON BY PATENT RECORDED IN BOOK 2, PAGE 106 OF PATENTS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL NO. 6 AS SHOWN ON THAT CERTAIN
LICENSED SURVEYORS MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE
OFFICE OF SAID COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF
SAID PARCEL NO. 8, SOUTH 0 DEGREES 03 MINUTES 10 SECONDS WEST 696.70 FEET; TFE;C
NORTH 89 DEGREES SO MINUTES 50 SECONDS WEST 924.6 FEET, MORE OR LESS, TO THE
EASTERLY LINE OF SUBDIVISION NO. 2, AZUSA LAND AND WATER CO. , AS PER MAP RECORDED
IN BOOK 43, PAGE 94 OF MISCmLLANF.OUS RECORDS. IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE. NORTH 0 DEGREES O5 .
MINUTES 15 SECONDS EAST TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN-1-HE
DEED TO KIRKWOOD E. JEWETT. JR., RECORDED IN BOOK 14524, PAGE 76 OF OFFICIAL "
RECORDS. IN THE OFFICE OF SAID COUNTY RECORDER, SAID SOUTHWESTERLY CORNER BEING A
POINT MARKED WITH A 2 INCH IRONPIPE SET IN CONCRETE IN THE EASTERLY LINE OF SAID
SUBDMSION NO. 2, AZUSA LAND AND WATER COMPANY; THENCE, ALONG THE SOUTHERLY AND
SOUTHEASTERLY LINES OF TTNE LAND DESCRIBED IN SAID DEED, SOUTH 94 DEGREES 46
,MIL'Itff1-.LO.n.M -
2 • �����-� .aaVL\ •
MINUTES 27 SECONDS EAST 347.61 FEET AND NORTH 40 DEGREES 58 MINUTES 44 SECONDS
EAST 447.10 FEET TO THE NORTHWESTERLY TERMINUS OF THAT. CERTAIN COURSE DESCRIBED
AS SOUTH 48 DEGREES 41 MINUTES 10 SECONDS EAST 117.53 FEET IN THE EXTERIOR
BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ROYDON VOSBURG, ET AL.. RECORDED IN
BOOK 9957, PAGE 47 OF OFFICIAL RECORDS, 3N THE OFFICE OF SAID COUNTY RECORDER,
SAID COURSE BEING SHOWN ON SAID LICENSED SURVEYOR'S MAP AS PORTION OF THE
SOUTHWESTERLY BOUNDARY OF PARCEL NO. 6 THEREOF; THENCE.- ALONG .THE SOUTHWESTERLY
AND WESTERLY BOUNDARY OF SAID PARCEL NO. 6 AS FOLLOWS: SOUTH 46 DEGREES 41
MINUTES 10 SECONDS EAST 117.53 FEET; THENCE SOUTH 8 DEGREES 14 MINUTES 40 SECONDS
EAST 246.16 FEET; THENCE SOUTH 21 DEGREES 52 MINUTES 10 SECONDS EAST 66 FEET:
THENCE SOUTH 1 DEGREES 33 MINUTES 10 SECONDS EAST 260.68 FEET: AND THENCE SOUTH 5
DECREES 54 MIINUTES 35 SECONDS WEST 111.82 FEET TO THE MOST SOUTHERLY CORNER OF
SAID PARCEL NO. 6; TSIIQCE ALONG THE WESTERLY AND SOUTHWESTERLY BOUNDARY OF PARCEL
NO. 7 AS SHOWN ON SAID LICENSED SURVEYOR'S MAP.AS FOLLOWS: SOUTH O DEGREES 53
KIM=, SO SECONDS WEST 265.20 PEST; THENCE SOO= 20 DEGREES 27 MINUTES 10
SECONDS WEST 30.70 FEET; THENCE SOUTH 0 DEGREES 53 MINUTES 30 SECONDS WEST 16.06
FEET: THENCE SOOTS 89 DEGREES 46 MINlUTES 30 SECONDS EAST 30.32 FEET: THENCE SOUTH
33 DEGREES 25 MINUTES 30 SECONDS EAST 31.52 FEET; THENCE SOUTH 41 DEGREES 29
MINUTES 00 SECONDS EAST 50.40 FEET; AND THENCE SOUTH 50 DEGREES 51 MINUTES 10
SECONDS EAST 93.20 FEET TO THE POINT OF BEGI UMM; TOGETHER WITH PARCEL NO. 7 OF
SAID LICENSED SURVEYOR'S MAP FILED IN HOOK 29, PAGE 37 OF RECORD OF SURVEYS.
EXCEPT THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL NO. 7; THENCE SOUTH 68
DEGREES 56 MINUTES 54 SECONDS WEST 77.10 FEET; THENCE SOUTH 5 DEGREES 01 MINUTES
17 SECONDS EAST 239.92 FEET, THENCE SOUTH 10 DEGREES 56 MINUTES 02 SECONDS EAST
89.63 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 54 SECONDS EAST 24.52 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL NO. 7; THENCE SOUTHEASTERLY ALONG SAID
SOUTHWESTERLY LINE TO THE MOST SOUTHERLY CORNER THEREOF.
PARCEL H:
THAT PORTION OF THE RANCHO AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
CONFIRMEDTO HENRY DALTON BY PATENT RECORDED IN HOOK 2, PAGE 106 OF PATENTS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF PARCEL NO. 8, AS SHOWN ON THAT
CERTAIN LICENSED SURVEYOR'S MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS,
IN THE OFFICEOFSAID COUNTY RECORDER. DISTANT ALONG SAID WESTERLY LINE SOUTH 0
DEGREES 03 MINUTES 10 SECONDS WEST 896.70 FEET FROM THE NORTHWESTERLY CORNER OF
SAID PARCEL NO. 6: THENCE NORTH 89 DEGREES 50 MINUTES 50 SECONDS WEST 924.6 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF SUBDIVISION NO. 2, AZUSA LAND AND WATER
CO., AS PER MAP RECORDED IN BOOK 47, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF SAID COUNTY RECORDER: THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO. THE
NORTHERLY LINE OF THE RIGHT OF WAY OF THE PACIFIC ELECRIC RAILWAY, FORMERLY THE
LOS ANGELES INTER-URBAN RAILWAY, 80 FEET WIDE; THENCE EASTERLY ALONG SAID
NORTHERLY LINE TO THE SOUTHWESTERLY CORNER OF SAID PARCEL NO. 8; THENCE NORTHERLY
ALONG SAID WESTERLY LINE OF PARCEL NO. 6 TO THE POINT OF BEGINNING.
,Ma[ttsn-.LM,.�ww .
3 + 1JrJ4,:iCLrLIUv •
PARCEL 3:
PARCEL A:
THAT PORTION OF THE RANCHO AZUSA FINALLY CONFIR m TO HENRY DALTON, IN TBE CITY
OF AZUSA. COUNTY OF IAS ANGELES, STATE OF CALIFORNIA, AS .SHOWN ON MAP RECORDED IN
BOOK 2, PAGES 106 *AND 107 OF PATENTS: IN THE OFFICE OF-THE COUNTY. RECORDER OF
SAID COMM, INCLUDED WITHIN THE LINES OF TEE 00 FOOT STRIP OF.LAND DESCRIBED IN
THE DEED TO THE IAS ANGELES INTER-URBAN RAILWAY COMPANY. A CORPORATION, RECORDED
ON AUGUST 6, 1906, AS INSTRUMENT NO. 53, IN BOOK 2755, PAGE 159 OF DEEDS, IN THE
OFFICE OF -THE COUNTY RECORDER OF SAID COUNTY. i
PARCEL B:
=AT.PORTION OF THE RANCHO AZUSA FINALLY CONFIRMED:To HENRY DALTON. IN THE CITY
OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORWA. AS SHOWN ON MAP RECORDED IN
BOOK 2 PAGES 106 AND 107 OF PATENTS. IN 'DIF.' OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, INCLUDED WITHIN THE LINES OF THE 80 FOOT STRIP OF LAND DESCRIBED IN THE
DEED TO THE LOS ANGELES XNTER-URBAN RAILWAY COMPANY, A CORPORATION, RECORDED ON
AUGUST 6, 1906 AS nWIRUMENNT NO. 54 IN BOOK 2753 PAGE 117 OF DEEDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4:
THOSE PORTIONS OF PARCELS NO. 4 AND NO. 5 SHOWN ON LICENSED SURVEYOR'S MAP, IN
THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID PARCEL NO, 4 THAT IS DISTANT
SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 87.53 FEET FROM THE NORTHEAST END OF
THAT COURSE SHOWN ON SAID LICENSED SURVEYOR'S MAP AS -SOUTH 17 DEGREES 39 MINUTES
55 SECONDS WEST 236.61 FEET-; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID
PARCEL NO. 4 SOUTH 69 DEGREES 56 M>ZIUTES 50 SECONDS EAST 463.59 FEET TO THE
EASTERLY LINE OF SAID PARCEL NO. 4; THENCE, NORTH B9 DEGREES 49 MINUTES 45 .
SECONDS EAST 94.86 FEET TO THE AN ANGLE POINT IN THE BOUNDARY LINE OF SAID .PARCEL
NO. St THENCE, ALONG SAID BOUNDARY LINE NORTH 89 DEGREES 49 MINUTES 10 SECONDS
EAST 207.10 FEET TO THE SOUTHEAST CORNER OF PARCEL NO. 2, AS SHOWN ON SAID
LICENSED SURVEYOR'S MAP.
PARCEL 5:
THAT PORTION OF PARCEL NO. 8 SHOWN ON LICENSED SURVEYOR'S MAP, IN THE
UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS
PER MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE .-
COUNTY
COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF SAID
PARCEL NO. 6 SHOWN AS HAVING A BEARING AND LENGTH OF SOUTH 17 DEGREES 39 MINUTES
55 SECONDS WEST 236.61 FEET, DISTANT THEREON SOUTH 17 DEGREES 19 MINUTES 55
SECONDS WEST 25.08 FEET FRCM ':71E NORTHERLY TERMINUS THEREOF: THENCE NORTH 89
MdCllfO-a/O.nIM
4 • L.Jima%_L%Lr LLVLN •
DEGREES SB MINUTES 52 SECONDS WEST 173.17 FEET, MORE OR LESS, TO TBE WESTERLY
LINE OF SAID PARCEL S.
PARCEL 6:
THAT PORTION OF PARCEL NO. 5 SHOWN ON LICENSED SURVEYOR'S MAP, IN UNINCORPORATED
TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED xx
BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING 'AT A POINT IN THAT CERTAIN COURSE IN THE WESTERLY LINE OF PARCEL NO. 4
OF SAID LICENSED SURVEYOR'S MAP'HAVING A BEARING AND LENGTH OF SOOTS 17 DEGREES
39 mnmTES SS SECONDS WEST 236.16 . FEET; DISTANT THEREON SOOT$ 17 DEGREES 39
MINUTES 55 SECONDS WEST 87.53 FEET FRON .THE NORTHERLY TERMINM THEREOF; THENCE
PAR *A L= WITH THE SOUTHERLY LINE OF SAID PARCEL NO. 4 SOUTH 89 DEGREES 56 MINUTES
50 SECONDS EAST 463.59 FEET TO THE EASTERLY LINE OF SAID PARCEL. NO. 4 AND THE
TRUE POINT OF BEGINNING; THENCE NORTH: 69.DE3REES 49 MINUTES 4S SECONDS EAST 94.86
FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID .PARCEL NO. S.
PARCEL 7:
THAT PORTION OF PARCEL 4, IN TSE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
SHOWN ON A RECORD OF SURVEY MAP FILED IN HOOK 29, PAGE 37 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COMM. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE ALONG THE EASTERLY
LINE OF SAID PARCEL 4, NORTH O DEGREES 10 MINUTES 50 SECONDS WEST 192.11 FEET,
MORE OR LESS, .TO THE INTERSECTION OF A LINE THAT.IS .PAR *] LEL WITH THE SOUTHERLY
LINE OF SAID PARCEL 4 AND WHICH PASSES THROUGH A POINT IN THE WESTERLY BOUNDARY
LINE OF SAID PARCEL 4, DISTANT THEREON SOUTH 17 DEGREES 39 MINUTES 55 SECONDS
WEST 35.08 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID
WESTERLY BOUNDARY LINE OF SAID PARCEL 4, HAVING A BEARING OF SOUTH 17 DEGREES 39
MINUTES SS SECONDS WEST AND A LENGTH OF 236.61 FEET, SAID INTERSECTION BEING THE
TRUE POINT OF BBGINN=l THENCE ALONG SAID PARA== LINE, NORTH 89 DEGREES 56
MINUTES 50 SECONDS NEST TO THAT CERTAIN COURSE. OR ITS SOUTHERLY PROLONGATION
THEREOF, IN THE BOUNDARY LXNE'OF. THE LAND DESCRIBED IN PARCEL A OF THE DEED TO
LOYOLA HIGH SCHOOL OF LOS.ANGELES, RECORDED ON JULY 3, 1947, AS INSTRUMENT NO.
1471, IN BOOK 24780, PAGE 30, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY
RECORDER, RECITED THEREIN AS HAVING A BEARING AND LENGTH OF `SOUTH 0 DEGREES 20
MINUTES 40 SECONDS EAST 404.37 FEET; THENCE ALONG SAID CERTAIN COURSE, OR ITS
SOUTHERLY PROLONGATION THEREOF, TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE
IN SAID BOUNDARY LINE OF PARCEL A. RECITED IN SAID DEED RECORDED IN BOOK 24780,
PAGE 30 OF SAID OFFICIAL RECORDS, AS HAVING A BEARING AND LENGTH OF "NORTH 09
DEGREES 56 MINUTES SO SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID
PARCEL 4, A DISTANCE OF 293.02 FEET'; THENCE ALONG THE LAST MENTIONED CERTAIN
COURSE. NORTH 89 DEGREES 56 MINUTES SO SECONDS NEST PARALLEL WITH THE SOUTHERLY
LINE OF SAID PARCEL 4, A DISTANCE OF 293.02 FEET TO THE WESTERLY BOUNDARY LINE OF
SAID PARCEL 4; THENCE ALONG SAID WESTERLY BOUNDARY LINE, SOUTH 17 DEGREES 39
MINUTES SS SECONDS WEST TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY
50.00 FEET. MEASURED AT RIGHT ANGLES. FROM THE FIRST ABOVE MENTIONED PARALLEL
LINE: THENCE PARALLEL WITH SAID SOUTHERLY LINE. OF SAID PARCEL 4. SOUTH 89
,Macclttn-.l.an,M '
5 • 1JL'►lv��+ aava� •
DEGREES 56 MINUTES 50 SECONDS EAST 463.59 PEST, MORE OR LESS, TO SAID EASTERLY
LINE OF SATs PARCEL 41 THENCE ALONG SAID EASTERLY LINE, NORTH 0 DEGREES LO
MINUTES 50 SECONDS WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL G.-
PORTION
:PORTION OF PARCEL 2, IN THE COUNTY OF LOS.ANGELES, STATE OF CALIFORNIA, AS
SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOR 29, PAGE 37 OF RECORD OF SURVEYS IN
THE OFFICE OF THE COUNTY RECORDER OF SAM COUNTY, DESCRIBED .AS PARCEL H OF THE
DEED TO JAMES D. MACHEM, *UGH L. MACNEm AND ALLEN BAGBY MACNEIL, RECORDED ON
OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IN BOOK 34563, PAGE 131 OFFICIAL
RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL H BEING BOUNDED BY THE
FOLLOWING DESCRIBED LINES
BOUNDED NORTHERLY BY THE SOUTHERLY BOUNDARY LINE OF PARCEL 8, AS SHOWN ON A
RECORD OF SURVEY MAP FILED IN BOOK 63, -PAGE 32 OF Sm RECORD OF SURVEYS;
BOUNDED EASTERLY BY THE EASTERLY LINE OF PARCEL 2; .
BOUNDED SOUTHERLY BY THE MOST SOUTHERLY LINE OF SAM PARCEL 2;
AND BOUNDED WESTERLY BY THE WESTERLY BOUNDARY LINE OF SAID PARCEL 2, AND A DIRECT
LINE WHICH EXTENDS SOUTHEASTERLY FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL B
TO THE MOST NORTHERLY CORNER OF PARCEL S. AS SHOWN ON SAID RECORD OF SURVEY MAP
FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS. .
PARCEL 9:
PARCEL 2, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THOSE PORTIONS OF SAID LAND INCLUDED WITHIN THE LINES OF PARCELS
B. C, D AND E, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF
RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPT THEREFROM THOSE PORTIONS OF SAID LAND INCLUDED WITHIN THE LINES OF
THE LAND DESCRIBED IN PARCELS H AND J OF THE DEED TO JAMES D. MACNEIL. BUGH L.
MACNEZL AND ALLEN BAGBY MACHEIL, RECORDED OCTOBER 16, 1950, AS INSTRUMENT NO.
3282 IN BOOK 34563, PAGE 131, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY
RECORDER. SAID PARCEL H BEING BOUNDED BY THE FOLLOWING DESCRIBED LINES:
BOUNDED NORTHERLY BY THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL B;
BOUNDED EASTERLY BY THE EASTERLY LINE OF SAID PARCEL 2;
BOUNDED SOUTHERLY BY THE MOST SOUTHERLY LINE OF SAID PARCEL 2;
AND BOUNDED WESTERLY BY THE WESTERLY BOUNDARY LINE OF SAID PARCEL 2, AND A DIRECT
LINE WHICH EXTENDS SOUTHEASTERLY FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL B -
TO THE MOST NORTHERLY CORNER OF PARCEL S. AS SHOWN ON SAID RECORD OF SURVEY MAP
M 1tC0.iQ-.UG/N M
6 • t.iy.a...�.a alva♦ •
FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, SAID PARCEL J BEING MORE
PARTICULARLY DESCRIBED AS POLLOWSi
BEGINNING AT A POINT IN THE WESTERLY UNE OF SAID PARCEL D, DISTANT THEREON NORTH
0 DEGREES 14 MINUTES 20 SECONDS WEST 181.60 FEET FROM THE SOUTHWEST CORNER OF
SAID PARCEL D, $AID POINT 25 MARKED BY A•2 INCH IRON PIPE, AS SHOWN ON SAID
RECORD OF SURVEY FZ<,ED IN BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS; THENCE
NORTH 0 DEGREES 14 MINUTES 20 SECONDS WEST 444.47 FEET TO THE NORTHWEST CORNER OF
SAID PARCEL D; THENCE NORTH 89 DEGREES 18 MUTES 40 SECONDS WEST 203.65 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL E; THaiCE SOUTH 20 DEGREES 36 MINUTES 15
SECONDS WEST 480.24 FEET TO THE SOUTHEAST CORNER OF SAD] PARCEL E;. THENCE
EASTERLY IN A DIRECT LINE TO THE POnIT OF BEGINNING.
PARCEL 10:
PARCEL 3, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID PARCEL 3, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL NO. 7, AS SHOWN ON SAID MAP, SAID
CORNER BEING ALSO THE MOST WESTERLY CORNER OF SAID PARCEL NO. 3; THENCE NORTHERLY
ALONG THE WESTERLY LINE OF SAID PARCEL NO. 3 A DISTANCE OF 30.00 FEET; THENCE
EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL NO. 7 TO A LINE WHICH IS
PARALLEL WITH SAID ABOVE DESCRIBED WESTERLY Lnm AND WHICH PASSES THROUGH THE
NORTHEASTERLY CORNER OF SAID PARCEL NO. 7; THENCE SOUTHERLY ALONG SAID LAST
MENTIONED PARALLEL LINE A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL NO. 3 AND SAID NORTHEASTERLY CORNER; THENCE WESTERLY ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING:
PARCEL 11:
PARCEL B. IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN HOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF TSE .
COUNTY RECORDER OF SAID COUNTY.
PARCEL 12:
PARCEL C. IN THE COUNTY OF IAS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 63. PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID PARCEL C. DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE AT THE SOUTHERLY TERMINUS OF THE WESTERLY LZNE OF
SAID PARCEL C; TBFIPCE ALONG SAID WESTERLY LINE. NORTH O. DEGREES 14 MINUTES 20
SECONDS WEST 187.47 FEET TO A 2 INCH IRON PIPE; THENCE NORTH 67 DEGREES 00
MINUTES 40 SECONDS EAST 144.08 FEET TO A 2 INCH IRON PIPE; THENCE SOUTH 40
DEGREES 47 HINUTES 40 SECONDS EAST 112.95 FEET TO A 2 INCH IRON PIPE; THENCE
SOUTH 3 DEGREES 57 MINUTES 00 SECONDS WEST 90.21 FEET TO A 2 INCH =RON PIPE;
�NO•f'Ktfl.•.LV.•�1 M
7 • LVYVi\a,l ILVl� •
THENCE SOUTH 37 DIE'S 09 MINUTES 05 SECONDS WEST 101.06 FEET TO A POINT IN THE
SOUTHWESTERLY LINE OF SAM PARCEL C: DISTANT NORTH 63 DEGRETES ES 37 MINU05
SECONDS WEST THEREON, 146.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL
Cl THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 63 DEGREES 37 mnmTES OS SECONDS
WEST 46.75 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY HAVING A'RADIUS OF 70.00
FEET: THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID.CURVE THROUGH'A CENTRAL ANGLE
OF 76:DEGREES 43 MINUTES OS SECONDS, A DISTANCE.OF 93.73 FEET TO THE END OF SAID
CURVE: THENCE CDNTItium ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL C, NORTH 50
DEGREES 20 KnMTES 10 SECONDS WEST 15.00 FEET TO THE POINT OF BEGINNING.
PARCEL 13:
PARCEL D, IN THE COUNTY OF LOS. ANGELES, STATE OF CALIFORNIA, AS SHOWN-ON A RECORD
OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 14:
THAT PORTION OF PARCEL 2, IN TEE COUNTY OF IAS ANGELES, STATE OF CALIFORNIA. AS
SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL J OF THE
DEED TO JAMES D. MACNEIL. HUGH L. MACHEIL AND ALLEN BAGBY MACNEIL, RECORDED ON
OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IN BOOK 34563, PAGE 131, OFFICIAL
RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL J BEING MORE
PARTICULARLY DESCRIBED AS FOLIAWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF PARCEL D, AS SHOWN ON A RECORD OF
SURVEY MAP FILED IN BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS DISTANT THEREON
NORTH 0 DEGREES 14 MINUTES 20 SECONDS WEST 181.60 FEET FROM THE SOUTHWEST CORNER
OF SAID PARCEL D, SAID POINT IS MARKED BY A 2 INCH ZROH PIPE, AS SHOWN ON SAID
RECORD OF SURVEY FILED IN BOOK 63. PAGE 32 OF SAID RECORD OF SURVEYS: THENCE
NORTH O DEGREES 14 MINUTES 20 SECONDS WEST 444.47 FEET TO THE NORTHWEST CORNER OF
SAID PARCEL D; THENCE NORTH 89 DEGREES 18 MINUTES 40 SECONDS WEST 203.65 FEET TO
THE NORTHEAST CORNER OF PARCEL E, AS SHOWN ON SAID RECORD OF SURVEY MAP FILED IN
BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS: THENCE SOUTH 20 DEGREES 36 MINUTES 15
SECONDS WEST 480.24 FEET TO TEE SOUTHEAST CORNER. OF SAID.PARCEL E; THENCE
. EASTERLY IIx A DIRECT LINE TO THE POINT OF BEGINNING.
PARCEL 15:
PARCEL 1, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF PARCEL F,
AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS
IN SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 16:
PAROL F. IN THE COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, AS SHOWN ON A RECORD
IWE('Iti(1_IL CI..IM '
OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF TBE �
COUNTY RECORDER OF SAID COUNTY.
PARCEL 17:
PARCEL E. IN TEE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF
THE COUNTY RECORDER.
PARCEL 18:
PARCEL G. IN THE COUNTY OF EAS .ANGELES, STATE OF.CALIFORNIA, AS SHOWN ON A RECORD
OF SURVEY MAP FILED IN BOOK 29,. PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT. PORTION OF SAID LAND INCLUDED WITHIN'THE LINES OF PARCEL K
OF THE DEED TO JAMES D. MALIEIL. HUGH L. MACNEIL, AND.ALLEN BAGBY MUM=,
RECORDED ON OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IN BOOK 36563, PAGE 131,
OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL K BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE ABOVE MENTIONED PARCEL 6, LYING NORTH OF A DIRECT LINE WHICH
EXTENDS DUE WEST FROM THE SOUTHWEST CORNER OF PARCEL E. AS SHOWN ON A RECORD OF
SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE
COUNTY RECORDER.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID PARCEL 6 LYING SOUTHERLY OF THE
NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED OCTOBER 6, 1970, AS
INSTRUMENT NO. 376, OFFICIAL RECORDS.
PARCEL 19: -
THAT PORTION OF PARCEL 6, LN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS
SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL K OF THE
DEED TO JAMES D. MACTNEIL, HUGR L. MACNEIL AND ALLEN BAGBY MACNEIL. RECORDED ON
OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IIN BOOK 34563, PAGE 131, OFFICIAL
RECORDS NN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL K BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE ABOVE MENTIONED PARCEL 6, LYING NORTH OF A DIRECT LINE WHICH
EXTENDS DUE WEST FROM THE SOUTHWEST CORNER OF PARCEL E. AS SHOWN ON A RECORD OF
SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE
COUNTY RECORDER.
PARCEL 20:
PARCEL A:
THAT PORTION OF SUBDIVISION NO. 2, AZUSA LAND L WATER COMPANY, PARTLY WITHIN AND
PARTLY WITHOUT THE CITY OF AZUSA. CCUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
.*•xtxsn-,Law,.n -
9 • uu�,w�a aava• •
PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF 32NTERSECTZON OF THE SOUTHERLY LINE OF LATS 83 AND 84 OF
SAID SUBDIVISION WITH THE SOUTHERLY PROLONGATION OF THE COMMON BOUNDARY LINE
BETWEEN SAID LOTS 63 AND 84 AS FIXED AND..DESCRIBID.IN •PARAGRAPH 2%. REFERRED TO
IN "CONVEYANCE .3" OF THE-DEED AND AGREEMENT RECORDED ON JULY 31,' 1924, AS
INSTRUMENT NO. 310 IN BOOK 3405, PAGE 256.OF OFFICIAL RECORDS] THENCE NORTH ALONG
SAID PROLONGATION OR SAID "BOUNDARY LINE" TO THE NORTH LINE. OF 10TH STREET;" 60
FEET WIDE, SAID NORTHERLY .LINE OF 10TH STREET. BEING THE WESTERLY PROLONGATION OF
THE SOUTHERLY LINE OF TME LAND DESCRIBED IN THE .OEM TO THE RAINBOW ANGLING. CLUB,
A CORPORATION,. RECORDED ON MAY 19, 1952,. AS INSTRUMENT NO. 2798, IN BOOK 38964,
PAGE 214 OF OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES 58 MINUTES 30 SECONDS EAST
ALONG SAID PROLONGATION AND ALONG"SAID .SOUTHERLY.LIKE.TO THE SOUTHEASTERLY CORNER
OF SAID' LAND OF RAINBOW ANGLnM CLIIB: THENCE NORTH "29"'DEGREES 47 MINUTES 30
SECONDS WEST ALONG THE EASTERLY LINE OF SAID LAND OF THE RAINBOW ANGLING CLUB, A
DISTANCE OF 119.90 FEET TO AN ANGLE Pon= IN SAID .EASTERLY LINE: THENCE NORTH
ALONG THE EASTERLY LINE OF THE RAINBOW ANGLING CLUB AND ALONG THE EASTERLY LINE
OF THE LAND DESCRIBED IN THE DEED TO LEIGH G. GARNSEY, RECORDED ON JANUARY 16,
1937, AS INSTRUMENT ITO. .161, IN BOOR 14640, PAGE 330 OF OFFICIAL RECORDS OF SAID
COUNTY, A DISTANCE OF 178.98 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE
BOUNDARY OF 'SA.ID LAND OF GARNSEY; THENCE NORTH 88 DEGREES S6 XENUTES EAST, A
DISTANCE OF 313.00 FEET; THENCE NORTH 71 DEGREES 12 MINUTES EAST. A DISTANCE OF
60.00 FEET; THENCE NORTH 42 DEGREES 01 14ZKUTES EAST, A DISTANCE OF 53.00 FEET;
THENCE NORTH 5 DEGREES 58 MINUTES WEST, A DISTANCE OF 73 FEET, THENCE NORTH 42
DEGREES 40 MINUTES 20 SECONDS EAST, A DISTANCE OF 95.31 FEET; THENCE-SOUTH 84
DEGREES 3.2 MINUTES SO SECONDS EAST, A DISTANCE OF 132.07 FEET; THENCE NORTH 82
DEGREES 26 MINUTES 40 SECONDS EAST, A DISTANCE OF 125.27 FEET TO THE EASTERLY
LINE OF IAT 84, AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG SAID EASTERLY LINE
TO THE SOUTHEASTERLY CORNER OF SAID IAT 84; THENCE WESTERLY ALONG SAID SOUTHERLY
LINE OF LOTS 63 AND 84 TO THE POINT OF BEGINNING.
EXCEPT' THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXTERIOR
BOUNDARY OF THE LAND DESCRIBED IN DEED TO LEIGH G. GARNSEY, RECORDED ON JANUARY
16, 1937, AS INSTRUMENT NO. 161, IN BOOK 14640, PAGE 330 OF OFFICIAL RECORDS OF
SAID COUNTY. SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED IN SAID DEED HAVING A BEARING OF "NORTH" AND A LENGTH OF -103 FEET';
THENCE NORTH 103 FEET ALONG SAID COURSE TO AN ANGLE POINT IN THE BOUNDARY OF SAID
LAND OF GARNSEY; THENCE NORTH 88 DEGREES 56 MINUTES EAST, A DISTANCE OF 33.45
FEET: THENCE SOUTH 17 DEGREES 53 MINUTES 27'SECONDS WEST 108.89 FEET TO THE POINT
OF BEGINNING, AS GRANTED TO RAINBOW ANGLING CLUB, A CORPORATION, BY DEED RECORDED
JANUARY 31, 1957. -
PARCEL 8:
THAT PORTION OF NAT 85 OF SUBDIVISION NO. 2, AZUSA LAND k WATER COMPANY PARTLY
WITHnN AND PARTLY WITHOUT THE CITY OF AZUSA, COUNTY OF IAS ANGELES, STATE OF
CALIFORNIA. AS PER MAP RECORDED IN HOOK 43, PACE 94 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING NORTHERLY OF THE
NORTHERLY LINE OF THE 80-FOOT STRIP OF LAND DESCRIBED IN THE DEED TO :.OS ANGELES
INTER-URBAN RAILWAY COMPANY, RECORDED IN HOOK 2712, PAGE 207, OF DEEDS. .
10 • ✓ary v��. .ava� •
EXCEPT THEREFROM THE WESTERLY 360.00 FEET OF SAID LAND.
PARCEL C:
THAT PORTION OF LOT 85, IN SUBDIVISION NO. 2, OF THE AZUSA LAND AND WATER
COMPANY. -PARTLY IN THE' CITY OF AZUSA. AND 'PARTLY IN.URINCORPORATED TERRITORY, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK
43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, Irm=ED W=iN THE LINES OF THE 80 FOOT STRIP OF LAND DESCRIBED IN
THE DEED TO THE IAS ANGELES INTER-URBAN RAILWAY COMPANY, A CORPORATION, RECORDED
ON AUGUST 6, 1906, AS INSTRUMENT NO. 52, IN BOOK 2712, PAGE 207, OF DEEDS, IN THE
OFFICE OF THE RECORDER OF SAID COUNTY.
PARCEL D':
THAT PORTION OF LOT 85, IN SUBDIVISION NO. 2 OF THE AZUSA LAND AND WATER COMPANY,
PARTLY IN THE CITY OF AZUSA; AND PARTLY IN UNINCORPORATED TERRITORY, IN THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS SHOWN ON MAP RECORDED IN BOOK 43,
PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80 FOOT STRIP OF LAND
DESCRIBED IN THE DEED TO THE LOS .ANGELES INTER-URBAN RAILWAY COMPANY, A
CORPORATION, RECORDED ON AUGUST 6.1906, AS INSTRUMENT NO. 52, IN BOOK 2712, PAGE
207, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 21:
ALL OF IAT 2 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF AZUSA, IN THE COUNTY OF IAS ANGELES, STATE OF
CALIFORNIA, AS PER MAP FILED IN THE. UNITED STATES GOVERNMENT LAND OFFICE AT IAS
ANGELES. CALIFORNIA.
EXCEPT THEREFROM THE SOUTH 25 FEET FOR ROAD PURPOSES, AS PROVIDED BY DEED
RECORDED IN BOOK 108, PAGE 632, DEEDS.
ALSO EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL, TO-WIT:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE NORTHERLY ALONG
EASTERLY LINE OF SAID IAT 2, 460.6 FEET; THENCE WESTERLY PARALLEL WITH THE
SOUTHERLY LINE OF SAID LOT 2; 600 FEET TO A POINT; THENCE SOUTHERLY PARALLEL WITH
THE EASTERLY LINE OF SAID IAT 2, 460.6 FEET TO THE SOUTHERLY LINE OF SAID IAT 2;
THENCE EASTERLY 600 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESIGNATED AS PARCEL GA IN THE
FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, LOS ANGELES COMM. CASE
NO. 973985, A CERTIFIED COPY OF WHICH WAS RECORDED ON JUNE 23, 1971, AS
INSTRUMENT NO. 3020, IN HOOK 05099, PAGE 400, OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED TO SAN GABRIEL
VALLEY MUNICIPAL %LATER DISTRICT. RECORDED ON APRIL 2. 1973, AS INSTRUMENT NO-
•Md4"Nf.l�U.0.,�1N
838, IN BOOK DS815, PAGE 809, OF OFFICIAL RECORDS.
PARCEL 22:
THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 1 NORTH,. RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND FILED IN THE'DISTRICT LAND OFFICE ON OCTOBER 30, 1864.
EXCEPT THEREFROM A STRIP OF LAND 2S FEET IN WIDTH ON EACH SIDE OF ALL DITCHES,
CONDUITS. OR OTHER MEANS FOR CONUucTn=.WATER. AS CONVEYED BY THE SAN GABRIEL
ELECTRIC COMPANY. A CORPORATION,.. IN-DEED RECORDED IN BOOK 1336, PAGE 295 OF
DEEDS, AND AS RESERVED IN TBE DEED FROM'PACIFIC-LIGHT AND POWER COMPANY, A
CORPORATION, TO R.J. WATERS, FILED FOR RECORD. NOVEMBER 14, 1908, IN BOOK 3S24.
PAGE 270, OF DEEDS.
PARCEL 23:
PARCEL A: - - -
THAT PORTION OF IAT 3, SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT OF SAID LAID FILED IN THE DISTRICT LAND OFFICE, APRIL 6,
1876, HOUNDED ON THE NORTH, WEST AND SOUTH BY THE NORTH, WEST AND SOUTH LINES,
RESPECTIVELY OF SAID IAT AND BOUNDED ON THE EAST BY THE EAST LINE OF THE LAND
DESCRIBED IN THE DEED TO J G. BOWER RECORDED ON JUNE 21, 1882, IN HOOK 92, PAGE
152 OF DEEDS, RECORDS OF SAID COUNTY.
EXCEPT A STRIP OF LAND FOR ROAD PURPOSES 25 FEET IN WIDTH OFF THE SOUTH SIDE OF
SAID PROPERTY, GRANTED TO THE BOARD OF SUPMWISORS OF IAS ANGELES COUNTY BY JAMES
G. BOWER BY DEED RECORDED IN BOOK 108, PAGE 632 OF DEEDS.
ALSO EXCEPT THE EASTERLY 260 FEET OF THE WESTERLY 800 FEET OF THE NORTHERLY 400
FEET THEREOF.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT 3, SECTION 26, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 3, DISTANT THEREON ALONG
SAID WESTERLY LINE NORTH 0 DEGREES 19 MINUTES 40 SECONDS EAST 25.00 FEET FROM THE
SOUTHWESTERLY CORNER OF SAID IAT, SAID POINT BEING ALSO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF SIERRA MADRE AVENUE, 50.00 FEET WIDE, THENCE NORTHERLY ALONG
THE WESTERLY LINE OF SAID LOT 3, NORTH 0 DEGREES 19 MINUTES 40 SECONDS EAST,
42S.00 FEET; THENCE NORTH 60 DECREES 19 MINUTES 40 SECONDS EAST, 179.89 FEET:
77MUCE SOUTH 44 DECREES 40 MINUTES 20 SECONDS EAST, 98.03 FEET; THENCE SOUTH 00
DEGREES 19 MINUTES 40 SECONDS WEST, 85.00 FEET; THENCE SOUTH 4S DEGREES 19
MINUTES 40 SECONDS WEST, 65.00 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 20
SECONDS WEST 135.00 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 40 SECONDS WEST,
300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SIERRA MADRE AVENUE.
50.00 FEET WIDE; :7EENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. SOUTH 89
MdL[�LVi-,IIWAI M
DEGREES 19 MINUTES 30 SECONDS WEST, 20.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM THE EAST 6.75 ACRES OF SAID LAT 3, DESCRIBED IN THE DEED TO
MONROVIA NURSERY CO., A CALIFORNIA CORPORATION, RECORDED MAY 6, 1977 AS
INSTRUMENT NO.. 77-468035, OFFICIAL RECORDS.
SAID LAND OF BOWER BEING DESCRIBED AS FOLLOWS:
"LOTS 1 AND 2 AND A .SUFFICIENT PORTION OF WESTERLY PART OF IAT '3 OF SECTION 26,
TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN.BERNARDINO MERIDIAN, TO MAKC 118 1/2 ACRES
OF LAND AS PATENTED TO JAMES YATES AND H.R. YATES, HIS WIFE, BY GOVERNMENT OF
UNITED STATES ON FEBRUARY .X, 1882, HOMESTEAD CERTIFICATE NO. 342.•
PARCEL B:
THE EASTERLY 260 FEET OF THE WESTERLY 600 FEET OF THE NORTHERLY 400 FEET OF IAT
3, SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF LOS ANGELES, STATE OF-CALIFORNIA, ACCORDING TO.THE OFFICIAL PLAT OF
SAID LAND FILED IN THE DISTRICT LAM OFFICE, APRIL 6, 1676, BOUNDED ON THE NORTH,
WEST AND SOUTH BY THE NORTH, WEST AND SOUTH LIKES, RESPECTIVELY OF SAID LOT AND
BOUNDED ON THE EAST BY THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO J.G.
BOWER RECORDED ON JUNE 21, 1882, IN BOOK 92, PAGE 152 OF DEEDS, RECORDS OF SAID
COUNTY.
PARCEL 24:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 1 NORTH,
RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
PARCEL 25:
PARCEL A: -
THE EAST 6.7S ACRES OF LAT 3 OF SECTION 26, TOWNSHIP 1 NORTE, RANGE 10 WEST, SAN
BERNARDINO MERIDIAN, IN TSE COUNTY OF IAS ANGELES, STATE OF CALIFORNIA.
PARCEL B:
IAT 4 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE- 10 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
EXCEPT TLiEREFROM THE EASTERLY 100 FEET OF THE SOUTHERLY 2SO FEET OF IAT 4 IN THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 1 NORTE, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND
OFFICE. APRIL 6, 1876. '
PARCEL 26:
THAT PORTION OF LATS 79, 82 AND 84 OF THE SUBDIVISION NO. 2, AZUSA LAND AND WATER
CO. , IN THE COUNTY OF IAS ANGELES. STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
,Ma/.fllifl-11/O,AIM
17 • ------ - •
IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS. IN TBE COUNTY OF IAS ANGELF,S, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF TEN -STREET, (60 FEET WIDE) , WHICH
POINT IS 30 FEET NORTH OF-THE SOUTHWEST CORNER OF SAID LIOT 64; SAID POINT BEING
THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO LEIGH G. GARNSEY,
RECORDED ON JANUARY 16, 1937, AS DOCUMENT NO. 161, IN BOOK 14640, PAGE 330,
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER= THENCE EAST ALONG THE
EASTERLY PROLONGATION OF SAID NORTHERLY LINE, 70.40 FEET? THENCE ALONG THE
BOUNDARY LINES OF SAID LAND OF GARNSEY THE FOLLOWING COURSES: NORTH 160 FEET;
EAST 122 FEET; NORTH 103 FEET: NORTH 86 DEGREES 56 MINUTES EAST 313 FEET: NORTH
-71 DEGREES 12 MINUTES EAST 60 FEET; NORTH 42 DEGREES 01 MINUTES EAST 53 FEET AND
NORTH 5 DEGREES 58 MIRTPES WEST 73 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION BEING ALSO AN ANGLE POINT IN.THE 'NORTHERLY 330DNDARY LINE OF THE LAND
DESCRIBED IN PARCEL 1 OF THE DEED TO MONROVIA NURSERY COMPANY, RECORDED ON
JANUARY 31, 1957, AS DOCUMENT NO. 1501, IN BOOK 53518, PAGE 109 OF SAID OFFICIAL
RECORDS: THENCE AIANG THE NORTHERLY BOUNDARY LINES OF SAID LAST MENTIONED LAND,
NORTH 42 DEGREES 40 MINUTES 20 SECONDS EAST 95.31 FEET, SOUTH 84 DEGREES 12
MINUTES 50 SECONDS EAST 132.07 FEET AND NORTH 82 DEGREES 26 MINUTES 40.SECONDS
EAST 125.27 FEET TO THE EASTERLY LINE OF SAID IAT 84; THENCE NORTHERLY ALONG SAID _
EASTERLY LINE TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO AZUSA
UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY. RECORDED ON MAY 21, 1964, AS
DOCUMENT NO. 999, IN BOOK 02479, PAGE 423, OF SAID OFFICIAL RECORDS, SAID
SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINE OF LOT 79-82 OF SAID
SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., AND DISTANT 1,742.00 FEET SOUTHERLY
THEREFROM (MEASURED PARALLEL WITH THE EASTERLY LINE OF SAID IAT 79-82) . THENCE
WESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 884.40 FEET, MORE OR LESS, TO THE
EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO AZUSA VALLEY WATER COMPANY,
RECORDED ON AUGUST 17, 1964, AS DOCUMENT NO. 5195, IN BOOK D2593, PAGE 13, OF,
SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY LINES OF SAID
LAST MENTIONED LAND TO THE MOST SOUTHERLY CORNER THEREOF: THENCE SODTSEASTERLY IN
A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED
TO GARNSEY, BEING IN THEWESTERLYLINE OF SAID LOT 84; THENCE ALONG THE NORTHERLY
BOUNDARY LINES OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES3 SOUTH 32
DEGREES 43 MINUTES EAST 62.73 FEET; SOUTH 9 DECREES 43 MINUTES WEST BOAS FEET;
SOUTH 29 DEGREES 47 MINUTES EAST 50 FEET, SOUTH 55 DEGREES 13 MINUTES EAST 209
FEET; SOUTH 44 DEGREES 26 MINUTES EAST 122 FEET, SOUTH 60 DEGREES 35 MINUTES EAST
43 FEET; SOUTH 68 DEGPEES .50 MINUTES EAST 70 FEET; NORTH 83 DEGREES 29 MINUTES
EAST 54 FEET AND NORTH 69 DEGREES 31 MINUTES EAST 80.71 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION. -
PARCEL -27:
THAT PORTION OF LOT 77 AND OF LOTS 79-82 OF THE SUBDIVISION NO. 2, AZUSA LAND AND
WATER CO., IN THE CITY OF. AZUSA, IN THE COUNTY OF LAS ANGELES, STATE OF
CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS;
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF TRE LAND DESCRIBED IN THE
CORREC':-:ON DEED TO THE CITY OF AZUSA. RECORDED ON JANUARY 4, 1968, AS DOCUMENT
L4 • •
NO. 2873, IN BOOK D3876, PAGE 898, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY
RECORDER, SAID POINT BEING THE MOST NORTHERLY CORNER OF IAT 40 OF TRACT N0.
22538, AS SHOW ON MAP REOORDED DY BOOK 657, PARIES 32 AND 33 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY FOLLOWING ALL
THE VARIOUS COURSES IN THE EASTERLY BOUNDARY LINES OF SAID TRACT NO. 22538, TO THE
MOST EASTERLY CORNER OF SAID TRACT AND BEING ALSO THE NORTHEASTERLY CORNER OF LOT
6 OF TRACT NO. 18063, 'AS SHOWN ON MAP—RECORDED IN BOOK 640- PAGES 99 AND 100 OF
MAPS, IN THE OFFICE OF.THE 'COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY
ALONG THE NORTHEASTERLY BOUNDARY LINES OF LATS 8 AND 7 OF SAID. TRACT N0.. 18063.,
TO THE WESTERLY BOUNDARY LINE OF TEE LJUM CONVEYED TO IRA R. CALVERT AND WIFE. BY .
DEED RECORDED ON JULY 11,• 1963, AS DOCUMENT NO. 212, IN BOOK D2098, PAGE .842, OF
SAID OFFICIAL RECORDS: THENCE NORTHERLY, EASTERLY, SOUTHERLY AND SOUTHEASTERLY
ALONG THE BOUNDARY In= -OF SAID LAST MENTIONED LAND, To THE MOST WESTERLY CORNER
OF THE LAND DESCRIBED IN THE DEED'TO.AZUSA VALLEY WATER COMPANY RECORDED ON
AUGUST ],7, 1964, AS DOCUMENT NO. 5195, IN BOOK. D2593,' PAGE 13 OF SAID OFFICIAL
RECORDS; THENCE NORTHERLY ALONG A"WESTERLY SCON13ARY LINE:OF SAID LAST MENTIONED
LAND TO THE SOUTHWESTERLY MOLONGATION'OF TEAT CERTAIN COURSE RECITED AS HAVING A
BEARING AND LENGTH OF •NORTH 47 DEGREES 33 MINUTES 59 SECONDS EAST 68.00 FEET" IN
SAID LAST MENTIONED DEED; THENCE NORTHEASTERLY ALONG SAID PROLONGATION AND SAID
COURSE, TO THE WESTERLY BOUNDARY OF THE LAND DESC=m IN TEE DEED TO AZUSA
UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY RECORDED ON MAY 21, 1964, AS
DOCUMENT NO. 999, IN BOOK 'D2479, PAGE 423 OF OFFICIAL RECORDS; THENCE NORTHERLY
ALONG SAID WESTERLY BOUNDARY LINE TO THE -SOUTHEASTERLY CORNER OF THE PORTION OF
SIERRA MADRE AVENUE AS DESCRIBED IN PARCEL 1 OF THE EASEMENT DEED TO THE CITY OF
AZUSA, RECORDED ON AUGUST 7, 1968, AS DOCUMENT NO. 2978, IN BOOK 04093, PAGE 187
OF SAID OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID AVENUE TO THE EASTERLY
BOUNDARY LINE OF THE LAND DESCRIBED IN THE ABOVE MENTIONED CORRECTION DEED TO THE
CITY OF AZUSA. THENCE SOUTHERLY ALONG ALL THE VARIOUS COURSES IN SAID EASTERLY
BOUNDARY LINES AND WESTERLY ALONG SAID SOUTHERLY LINE THEREOF, TO THE POINT OF
BEGINNING.
-
PARCEL 28:
THOSE PORTIONS OF LATS 79-62 AND 84 OF SUBDIVISION NO. 2 OF AZUSA.LAND AND WATER
COMPANY, PARTLY IN TSE CITY OF AZUSA, ALL IN THE COUNTY OF LAS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED. IN-BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, n-rcLUDED WITHIN THE FOLLOWING
DESCRIBED LINES:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOTS 79-82; THENCE AIANG THE NORTHERLY
LINE OF LATS 79-82, SOUTH 89 DEGREES 19 MINUTES 56 SECONDS WEST 1000.00 FEET
THENCE, PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 79-62, SOUTH 9 DEGREES 18
MINUTES 34 SECONDS :ZEST 1233.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHEASTERLY ALONG. SAID
CURVE, AN ARC DISTANCE OF 193.47 FEET; THENCE SOUTH 1S DEGREES 31 MINUTES 35
SECONDS EAST 300.00 FEET TO THE BEGINNING OF A TANGENT. CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHERLY, ALONG SAID CURVE,
AN ARC DISTANCE OF 28.32 FEET TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL
WITH AND DISTANT SOUTHERLY 1742.00 FEET (MEASURED PARALLEL WITH SAID EAST LINE)
FROM SAID NORTHERLY LINE; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE. NORTH
89 DEGREES 19 MLWTES 56 SECONDS EAST 684.40 FEET TO SAID EAST LINE; THENCE.
ALONG SAID EAST LINE, NORTH 0 DEGREES 19 MINUTES 34 SECONDS EAST 1742.00 FEET To
TEE POINT OF BEGZZII7ZZIG.
PARCEL 29:
TEAT PORTION OF PARCEL C, M THE COUNTY OF IAS ANGELES, STATE OF CALIFORNIA, AS
SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS, ai
THE OFFICE OF TBE COUNTY RECORDER OF SA3D COUNTY, DESCRIBED AS 'FOLLOWS:
BEGINNn= AT THE 1 INCE IRON PIPE AT THE SOUTHERLY TERI4MM OF THE WESTERLY LIZIE
OF PARCEL C: THENCE ALONG SAID WESTERLY .LINE NORTH 0 DEGREES 14 MINUTES 20
SECONDS WEST 167.47 FEST TO A 2 ZNCH'PIPE: THENCE NORTH 67 DEGREE .00 MINUTES 40
SECONDS EAST 144.06 FEET TO A "2* ZNCH PIPE; VICE SOUTH 40 DEGREES 47 MINUTES 40
SECONDS EAST 112.95 FEET TO A 2 INCH PIPE; THENCE SOUTH I ;DEGREES 57 M2MTES 00
SECONDS WEST 90.21 FEET TO A 2 ZNCH PIPE; TACE SOUTH 37 DEGREES 09 HTNUTES 05
SECONDS WEST 101.06 FEET TO A PDXHT ZN THE SOOTBHESTERLY IsTatE OF SAM PARCEL. C:
DISTANT NOR1Z 63 DEGREES 37 KIIIUTES 05 SECONDS WEST THEREON 146.56 FEET FROM THE
MOST SOUTHERLY CORKER OF SAM PAROL C; 'ASCE ALONG SAM SOUTSHESTERLY LINE
NORTH 63 DEGREES 37 MINUTES OS SECONDS WEST 46.75 FEET TO A TANGENT CURVE CONCAVE
SOUTHERLY, HAVIrLG A RADIUS OF 70.00 FEET: THENCE WESTERLY AND SOUTHWESTERLY ALONG
SAID CURVE'THROUGH A CENTRAL ANGLE OF 76 DEGREES 43 mnmTES OS SECONDS A DZSTANCE
OF 93.73 FEET TO THE END OF SAZD .CORVE; TEENCE' cmnmmn;G ALONG THE SOUTHWESTERLY
LINE OF SAID PARCEL C. NORTH 50 DEGREES. 20 MINUTES 10 SECONDS WEST 15.00 FEET TO
TEE Ponrr OF BEGINNING.
EXHIBIT "B" TO ROSEDALE DEVELOPMENT AGREEMENT
MAP OF PROPERTY
[Attached behind this page]
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11.
EXHIBIT "C" TO ROSEDALE DEVELOPMENT AGREEMENT
EXISTING DEVELOPMENT APPROVALS
1. Azusa General Plan, dated 1983.
2. General Plan Amendment 96-1, approved January 14, 1999 (Resolution No. 99-C9)
3. Rosedale Specific Plan, approved January 20, 1999 (Ordinance No. 99-02)
4. Zone Change Z-96-1, approved January 20, 1999 (Ordinance 99-01)
5. Vesting Tentative Map No. 52263, approved January 14, 1999 (Resolution No. 99-C10)
6. Rosedale Environmental Impact Report Certified January 14, 1999 (Resolution No. 99-C8)
RVPUB\SRC\56291
EXHIBIT "D" TO ROSEDALE DEVELOPMENT AGREEMENT
MITIGATION MONITORING PLAN AND
PROJECT CONDITIONS OF APPROVAL
[Attached behind this page]
RVPUB\SRC\56291
FINAL
Mitigation Monitoring and Reporting Program
Rosedale Specific Plan
City of Azusa
January 14, 1999
This Mitigation Monitoring and Reporting Program has been prepared pursuant to the
requirements of the California Environmental Quality Act (CEQA), Section 21081.6 and
Section 15099 of the State CEQA Guidelines. The purpose of this program is to document
implementation of mitigation measures required by the Final Environmental Impact Report
(Final EIR) for the Rosedale Specific Plan and by the January 14, 1999 Summary of Minor
Modifications to Final Environmental Impact Report(Summary).
The City of Azusa has adopted the mitigation measures included in the Final EIR and the
Summary to mitigate or avoid significant impacts on the environment. This program has been
designed to ensure compliance during project implementation.
Mitigation measures identified in the Final EIR and the Summary have been incorporated into
the checklist included as part of this program. Each mitigation measure is numbered as it
appears in the Summary and is listed with appropriate spaces for monitoring the progress of
implementation. The following information is identified for each measure:
• When the measure will be implemented;for example, one time only, prior to construction,
during construction, prior to occupancy, or once the project has been completed and
homes occupied on an ongoing basis.
• How the measure will be implemented;i.e. through existing code and other requirements;
through requirements imposed on all individual projects; or as needed.
• What City departments or other agencies will be responsible for verifying the mitigation
and responding to violations.
The mitigation monitoring program checklist is to be retained in the project file and available
for public inspection on proper request.
Annual Review of Mitigation Monitoring Program
Oversight of the Mitigation Monitoring Program will be the responsibility of the Azusa
Planning Division (Planning). Planning may assign responsibilities as appropriate and
necessary. Planning staff will undertake an annual review of the Mitigation Monitoring Program
and prepare a brief progress memorandum based on that review. The memorandum should be
I
EXHIBIT. D
transmitted to the Planning Commission and City Council for review and any appropriate
action.
The reviewer will check each mitigation measure listed in the Mitigation Monitoring Program
to determine whether or not implementation has been completed. If the mitigation measure has
been completed,the reviewer will indicate such on the report, initialing and dating the notation
to indicate compliance.
For measures that require a report, program, or plan, the reviewer should determine if that
report, program, or plan is due based on the progress program implementation to date. If the
report, program, or plan is timely, that fact should be reported in a review memorandum to the
head of the responsible City department.
For measures that require ongoing compliance, the memorandum should report whether these
measures are being actively pursued and if not, what action is appropriate. If the measures are
no longer appropriate or necessary because the environmental effect is no longer an issue, then
that fact should be reported in the review memorandum and the discontinuation of the
mitigation measure recommended. If measures are not being implemented adequately,
recommendations should be made to improve application of the mitigation measure.
Project Design Mitigation Measures
A project design mitigation measure is a measure that needs to be incorporated into the project
design, for example, inclusion of the earthquake setback zones and drainage improvements.
Such measures normally will be shown on the building plans, site plans, public improvement
plans, specifications, or other project documents. The mitigation monitoring checklist will be
used to check off those mitigation measures shown on the plans. If a mitigation measure is not
shown on the appropriate plan sheets, plans will be sent back for incorporation of those
mitigation measures or approved equivalents. Plans will not be approved until each mitigation
measure is incorporated into the project design.
After plans are approved, and before any component of design is approved as complete by the
City in its inspection, the project proponents will submit proof that each mitigation measure
shown on the plans has been installed or incorporated into the constructed project. Verification
of compliance will then be noted on the monitoring checklist and signed off, completing the
process for this category of mitigation measure.
2
)X.HIBIT- D
Construction Mitigation Measures
Construction mitigation measures are measures designed to reduce the impacts of construction
and generally are required throughout the construction phase. Monitoring will be verified by
the Building Division and City Engineer as appropriate during regular visits to the sites during
construction. Reporting of compliance with mitigation measures should be required at least
monthly, with reports of violations made immediately to the appropriate department.
Operational Mitigation Measures
Operational mitigation measures are those that apply over the longer term, once homes have
been constructed, sold, and occupied. These mitigation measures should be verified on an
annual basis and if problems are noted, reinspected on a more regular basis until the measure
is.operating effectively.
Use of Contractors
The monitoring program for measures to be incorporated into project design parallels current
City practices of verifying compliance with applicable City codes during design and
construction. No additional staffing is required, except that training may be appropriate to alert
inspectors to the new requirements and the use of the monitoring checklist. In case of some
specific unique or unusual mitigation measures, the City may contract with consultants for
inspection or verification of mitigation measures.
Monitoring Program Fees
Where mitigation monitoring efforts are substantial, the City is authorized to charge mitigation
monitoring fees to support the actual costs of mitigation monitoring. In such cases, the City
will charge and collect from the developer a fee in the amount of the anticipated actual cost to
the City for monitoring all mitigation measures, including consultant services and costs of
administration. A deposit may be required by the City to be applied toward this fee. Any
unused portion of the deposit will be refunded. In circumstances in which the developer will
not be associated with the project after construction, the City can charge the anticipated cost
of operation of the mitigation monitoring program for an appropriate period in advance.
Sanctions(Penalties
The City may levy sanctions or penalties for violations of conditions listed in the monitoring
program. These sanctions and penalties may include but are not limited to:
1. Civil penalties fines according to City codes
3
,EXHIBIT, 0
2., "Stop work" orders
3. Revocation of permits
4. Holding issuance of Certificate of Occupancy until completion of work
5. Forfeiture of performance bond
6. Implementation of measures with appropriate charges to the applicant based on mitigation
monitoring program agreements
Dispute Resolution
In the event of a disagreement between the City and project applicant/developer regarding the
monitoring program, including manner of payment, penalties for noncompliance, and financial
security arrangements, the following procedure, or other appropriate procedure, will be
followed:
1. City staff will attempt to resolve the disagreement. If the disagreement cannot be resolved,
staff will prepare a report documenting the source of the dispute and the City's position.
2. City staffwill take the report before the City Council as appropriate, which will determine
the resolution of the disagreement.
Monitoring Agencies
The following agencies are identified in the attached matrix as agencies responsible for
monitoring:
City of Azusa
• Planning Division, Community Development Department (Planning)
• .Engineering Division, Community Development Department (Engineering)
• Building Division, Community Development Department (Building)
• Community Services Department(Community Services)
• Public Works Department (Public Works)
• Department of Light and Water(Light and Water)
Los Angeles County
• Fire Department (LA County Fire Dept.)
• Sanitation Districts (Sanitation Districts of LA County)
• Department of Public Works (LA County Public Works)
Other
• Azusa Unified School District
• Azusa Pacific University
• Caltrans
• California Department of Fish and Game (CDFG)
4
EXHIBIT D
• Citrus College
• Fairmount Cemetery
• City of Glendora
• Los Angeles County Metropolitan Transportation.Authority(LA County MTA)
• Native American Heritage Commission
• U.S. Army Corps of Engineers
• Covina Irrigating Company
5
EXHIBIT D
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EXHIBIT D
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ExHiBri _D
CONDITIONS OF APPROVAL
The City Council approves the Rosedale Specific Plan, the General Plan Amendment, Zone Change, and
Master Vesting Tentative Map and the Development Agreement (Land Use Entitlements) with the
incorporation of the following Conditions of Approval. The Land Use Entitlements approval are contingent
upon annexation
A. Plan Modifications
In order to address various issues and concerns, the proposed Specific Plan is modified as follows:
Development standards
1. Minimum lot sizes are as follows:
LUI North of Sierra Madre Avenue- 7,500 square feet,with 20% of the lots being a minimum of
10,000 square feet,
LUI South of Sierra Madre Avenue- 5,000 square feet
LU2-4,000 square feet;
LU3 -2,680 square feet;
LU4-Cluster homes: 2,500 square feet minimum with an average of 2,800 square feet; and
LU6 -Cottage homes: 2,500 square feet minimum with an average of 2,800 square feet.
2. Planning Areas 17 and 18 shall be limited to land use types LUI,LU2,LU3, and LU6.
3. The minimum dwelling unit sizes shall be as follows:
LUI -2,000 square feet
LU2- 1,500 square feet
LU3 - 1,400 square feet
LU4- 1,200 square feet
LU6 -1,200 square feet
4. Flag, cul-de-sac, and/or knuckle lots shall have a minimum lot frontage of 20 feet,regardless of LU
type. The minimum lot size for LUI north of Sierra Madre Avenue shall be 7,500 square feet;
minimum lot dimensions shall not be narrower than 50',andno shorter than 100'deep with a minimum
rear yard setback 25'.
5. Zero lot line site design and projections from the zero wall are permitted so long as the minimum
distance between the projection and the adjacent dwelling unit is 10 feet.
6. In Planning Area 20,parking shall be located at the rear of the site.
7. At the subsequent subdivision review, ensure that subdivision design and proposed housing
development for Planning Areas 5 and 11 are sensitive to the larger lots and character of adjacent lots
in the City of Glendora. Development proposals shall incorporate features that preserve the sight plane
from existing residences in Glendoia and that respond to land use compatibility concerns.
hnuuy 20, 1999 -1
,F,XH�BIT �
8. Adjacent,abutting driveways shall be separated with a landscape strip,low fence,or lowplanting area.
9. LU6 shall have a minimum of 0.5 guest parking spaces per each dwelling unit.
10. In LU4, all driveways shall be 18 feet in length except for when the garage is side loaded. When the
garage is side loaded, the minimum front yard setback can be 5 feet.
11. Each cluster court drive shall be constructed with decorative paving or entry bands(i.e., stamped and
colored concrete,tile, etc.)
12. Porches shall be a minimum depth of 4 feet and shall be enclosed by a low wall or fence.
13. Where there are 10 or more guest parking spaces grouped together,up to 25%of those guest spaces
may be compact spaces.
14. Gated communities are not encouraged,but may be approved by the City on a case-by-case basis.
15. Residential units located in the Planning Areas north of Sierra Madre Avenue are required to have 3
car garages.
17. In the LU4 cluster homes,the 1.5 guest parking space requirement can be satisfied by the two spaces
-provided by a standard size driveway.
18. In order to increase pervious surfaces, the following are encouraged:
• using turf block antin emergency vehicle access roads,school,plazas,or other areas where paving
might be anticipated;
• using hollywood driveways;
• increasing lot size in order to accommodate larger front yards;
• increasing front yard setbacks;
• increasing the amount of open space; and
•
using'"best practices" to ensure that impervious surfaces are limited.
19. Include the following plants on the proposed plant list: Ligustrum,Variegated Liriope,Photinia,and
Variegated Pittosporum.
20. The applicant/builder shall make a good faith effort to incorporate existing oak trees into tract and
neighborhood design. If incorporating the existing trees into the plan is not feasible,the applicant shall
make a good faith effort to relocate existing healthy oak trees to another area of the Rosedale project
site (including but not limited to parks, schools, trails) rather than destroying existing trees and
replacing them with new oak trees. The relocated trees shall be properly cared for and maintained for
a period of two years and replaced by the applicant(in accordance with the tree characteristics and ratio
as. specified in the BIR, other associated environmental documents, this Conditions of Approval
document,or other City policy)if the tree dies within the period If the applicant cannot design around
nor relocate existing oak trees, the oak trees shall be replaced in accordance with specifications
contained within the EIR and associated environmental documents or other City policy.
January 20, 1999 2 -
(�IBIT, D
Circulation
21. B Street shall provide access to only those parcels located within the City of Azusa
22. A connector between B Street and the Citrus Avenue extension shall be the subject of a focused
feasibility study. In compliance with applicable CEQA regulations, the study will explore access
within the project to minimize east-west conurruter traffic impact on residential neighborhoods. This
study shall be conducted prior to commencement of Phase 2's grading, and will be conducted at the
applicant's expense.
23. Planning Areas 1 and IA shall have connecting vehicular and pedestrian access,unless the applicant
provides compelling evidence that this is not feasible or desirable.
24. Alleyways'right-of-way shall be a minimum of 25 feet,including 5feet oflandscaping withirrigation
system
25. Sidewalks shall be a minimum of 4 feet wide on the primary loop,secondary streets,and local streets.
26. To promote open access and public safety, each planning area should have at least two ingress and
egress access points, unless the applicant provides compelling evidence that one access point is
feasible. Where possible,the access points should direct traffic in different directions. This access can
be through an adjacent village or neighborhood.
27. Should any streets be proposed as private streets,the method of maintenance and operation for these
streets must be specified and approved of by the City Engineer aspartof subsequent subdivision design
review.
28. Where interior lot access for fire vehicles is required, a minimum access way of 25 feet shall be
required.
29. The street name Rosedale Parkway shall not be assigned to more than one street.
30. Local drives shall contain a tum around area at the end of the drive.
31. The project area maps shall show Palm Drive as part of the project area.
32. Vehicular access to Planning Area 1 shall be from Sierra Madre Avenue.
33. Prior to subsequent subdivision review for Planning Area 1, an open public process involving all
affected neighbors shall be initiated to examine additional bicycle and pedestrian access through
Viewcrest Drive.
34. The applicant shallparticipate in a Citrus Avenue Corridor study to evaluate andresolve Citrus Avenue
traffic issues. Other study participants will include, but are not limited to, Citrus College, Azusa
Pacific University, the City of Glendora, the City of Azusa, Mankowski Homes, and others as
appropriate, provided other participants are willing. The applicant's fair-share fees, per
Traffic/Circulation mitigation measure, can be used in part to fund this study. Such study shall be
January 20, 1999 3
f(pm, D
implemented prior to the issuance of the 500"'residential building permit for the project (Note:staff
changed the wording of this condition from the strike-thru version to this version for consistency with
a similar mitigation measure.)
35. Prepare a construction truck route plan prior to commencement of grading. Plan shall indicate which
streets will be used. The cost to repair any damage to these streets as direct result of Rosedale
construction vehicle use will be paid by the applicant (normal wear and tear are not considered
damage.) A meeting with residents impacted by the proposed truck mutes shall be convened upon the
first tentative tract map (other than the Vesting Tentative Tract Map)approval
36. The applicant shall fund, at the City's request, periodic traffic and engineering studies that will be
required to determine Trow and when recommended traffic control devices(traffic signals,stop signs,
and other)as specified in the EIR and associated documents will be implemented. Additional studies
shall also be undertaken, as determined necessary by the City, to evaluate the need for other traffic
control devices(beyond those identified in the Specific Plan, EIR,and associated documents)that may
become necessary due to project traffic and project traffic combined withother changes in background
traffic patterns due to general growth and development activity.
The timing of studies shall be at the discretion of the City, but should at a minimum include new
studies prior to City action on each tentativ a tract map. As part of the tentative tract map(s)approval,
the City may condition the map to include the provision of new traffic control devices and the
modification/replacement of existing traffic control devices within and around the Rosedale project
area. The traffic studies shall be conducted,at a minimum, at the following intersections (plus other
locations deemed appropriate by the City based on observed traffic patterns):
a All new project roadways/Sierra Madre Avenue;
• Sierra Madre AvenuerTodd Avenue;and
• Internal project intersections.
The applicant's fair-share fees,per Traffic/Circulation mitigation measure,can be used in part to fund this
study.
B. Parks and Recreation/Cultural Resources
37. Public park credit shall be granted for trails only if they are maintained,improved with indigenous or
ornamental landscaping,and have amenities such as benches,water faucets,trash receptacles,lighting,
and conduit for the Police Department's surveillance program
38. A maximum of up to oneacre of park credit for providing private recreational facilities shallbe applied
to the public park requirement.
39. All public park facilities including hiking trails shall be designed with adequate on- or off-street
parking to accommodate public use. The provision of such parking will be reviewed by the City on
a case-by-case basis as part of subsequent subdivision design review.
9'"Street parkway and street improvements shall be extended off-site to Pasadena Avenue and shall
be installed by the developer and maintained by the Landscape and Lighting Assessment District,other
assessment districts, and/or the Master Homeowners Association.
J=uary 20, 1999 a -
,EXHIBIT. D
41. A joint agreement shall be executed between Developer,City,and School District for the construction
and operation of a day care anter located in the proposed school or in the adjacentpark upon submittal
of plans for the school site.
42. The Vosburg House shall be–preserved through the lifetime of the approved Rosedale Development
Agreement. Upon the te.-:nation of the Rosedale Development Agreement, the,Vosburg House
preservation shall be subsea to City of Azusa ordinances, policies, and practices in effect upon
expiration of the Development Agreement.
43. A certified archaeologist shall conduct an onsite evaluation whenever grading operations occur within
500 feet of the Fairmount Cemetery. The evaluation shall be conducted with a representative of the
Gabrieleno-Tonga tribe.
44. Documentation shallbe conducted,in accordance with HABS, for-the Covina Irrigation Ditch orCanal
and all pre-1948 structure upon or before Developer's submittal of the first Tentative Tract Map for
the Rosedale project. The documentation shall include but notbe limited to the following components:
a)full photographic record for each building,feature,or archaeological resource with black-and-white,
35-mm.negatives with quality processed,5 by 7 inches or larger prints with archivally printed labels.
Supplemental color film documentation,particularly for landscape features is recommended;and b)
arrangements shall be made in advanced to curate the negatives, prints, and associated narrative
documentation as a supplemental to the Mac Neil family archival collection andAzusa Foothill Citrus
Company archival collection. These collections are on file at the special collections in the library of
Azusa Pacific University. The supplemental material should be maintained at a site that is readily
available to the public,including but not limited to Azusa Pacific University. The documentation shall
be reviewed by the Cultural& Historical Landmark Commission.
45. The applicant shall work with the City.(with the advice of the Cultural & Historical Landmark
Commission and the Parks& Recreation Commission)to develop: a) a re-use plan for the portion of
the Monrovia Nursery property south of the existing railroad tracks(known as Palm Drive), and b) a
thematic plan for linking,by direct or indirect pedestrian access,interpretive signage and documentary
displays,such related historic elements as the Vosburg Residence,the MacNeil Residence,the site of
Palm Drive, the Monrovia Nursery gates, the millstone, the off-site citrus packing houses, and the
Fairmount Cemetery. Any donation ofMonroviaNursery Company's property forparkland asaresult
of this effort shall be at the sole discretion of Monrovia Nursery Company.
Pedestrian access (i.e. sidewalks) and landscaping(i.e. street trees,parkways, etc.) on cluster drives
be determined, at the City's discretion, at the subdivision level of review.
47. All signs located along the hiking trails and in the natural open space areas shall conform with the
residential sign development and design standards as specified in the City of Azusa Municipal Code.
48. Prior to the commencement of construction of any improvement related to the project,owner shall,in
conjunction with the City,sponsor a job fair directed at residents of the City. The job fair shallbe held
for the purpose of identif}ine qualified City residents to be hired by Owner or contractors working on
the project improvements.
Jmuary 20, 1999 5
FJ(HIBIT.� D
C. Public Safety
49. Applicant shall submit a letter to the City certifying that while arisk criterion of IxIW was used in the
Health-Based Cleanup Analysis,the site is clean and does not pose any unacceptable risk to the future
habitants of the Rosedale development.
50. Conduct a forward health risk assessment or sonic other type of risk evaluation procedure to quantify
residential risk impacts from ongoing nursery operation prior to the approval of any tentative tract map
other than the Vesting Tentative Tract Map. Conduct the assessmentto determine the level of exposure
for the maximum exposed individual for the project's Phase 1 and Phase 2. Also determine if the
potential for pesticide or particulate exposure for Rosedale residents is less than existing land use
impacts' nu
This evaluation sttake into consideratiouprevailingwind directions,location ofthe initial
phases of the development relative to ongoing nursery activities,and a comparison of the location for
the maximum exposed individual under existing conditions and when the project is builtout
51. Throughout the project's construction, the applicant and subsequent developer shall act as a "good
neighbor" and notify,maintain air condition filters orprovide air filtration systems,as appropriate to
senior citizens` located within 500 feet of active clearing, grading, or asphalt paving,Azusa Pacific
University when located within 500 feet of active clearing, grading, or asphalt paving, any other
nearby residents known to have respiratory problems at the time of project approval as identified by
the City,Mankowski Homes, Dalton Street Elementary School,the new K-8 school,Saint Prances of
Rome school, and
52. The Monrovia Nursery Company shall continue to adhere to state of science pesticides practices for
storage,mixing, application,transportation,and disposal.
53. When clearing, grading, or asphalt paving operations are scheduled to be conducted and when the
construction emissions plus ambient air concentrations for nitrogen dioxide (NO,)measured at the
Glendora air quality monitoring station violate the one-hour State ambient air quality standard and/or
"unhealthful"(previously known as"healthy advisory episode'/air quality conditions are anticipated,
written notice shall be given to Dalton Elementary School officials, St Frances of Rome
administrators, Mankowski Home administrators, the new K-8 school, senior citizen residents (as
identified above)residing within 500 feet of the construction activity,and any nearby residents known
to have respiratory problems at the time of project approval as identified by the City. Such notice shall
indicate that air quality is anticipated to be"unhealthful"and that construction activities may result in
gas and particulate emissions,therefore,outside physical activity should be limited.
54. All clearing,grading,or asphalt paving operations shallbe halted when the construction emissions plus
ambient air concentrations for nitrogen dioxide(NOO measured at the Glendora air quality monitoring
station violate the one-hour State anibie hair quality standard and/or"hazardous"(previously known
as"2^d stage episode") air quality conditions,per the South Coast Air Quality Management's District
Pollution Standard Index,occur.
55. After the removal of any stored materials and equipment located north of Sierra Madre Avenue,the
r Senior citizen is defined as a person rcgisrered as a senior on the(Sty's Lifeline program.
/emery 20, 1999 6
EXHIBIT D
applicant shall conduct, at its sole expense, a study to determine.if any contamination has occurred.
As appropriate, the applicant shall remediate the site.
56. All single family detached units shall be served from streets not less than 36 feet paved width curb to
curb or flow line to flow line, clear to sky or as permitted by Los Angeles County Fire Department
Cul-de-sacs shall provide maximum length of 334 feet
57. Due to the proximity to a wildland fire area,no single means of access shall serve more than 75 units.
58. No drive or access shall be less than 20 feet paved width clear to sky.
59. Provide the County Fire Department with typical street sections for all streets and drives serving_this
division of land prior to tentative map approval.
60. Provide commercial streets to Fire Department specifications in all commercial/industrial areas,with
adequate width to allow the parking of trucks prior to tentative map approval
61. Where driveways extend further than 300 feet and are of single access design,turnarounds suitable for
fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be
designed, constructed, and maintained to insure their integrity for Fire Department use. Where
topography dictates,tuunarowmds shall be provided for access roads which extend over 150 feet
62. Private drives shall be indicated on the final map as"Private Driveway and Fire lane"with the widths
clearly depicted and shall be maintained in accordance with the Fire Code.
63. Vehicular access must be provided and maintained serviceable throughout construction to all required
fire hydrants. All required fire hydrants shall be installed,tested,and acceptedby the Fire Department
prior to construction.
s
64. This property is located within the area described by the Fire Department as"Very High Fire Severity
Zone"(formerly Fire Zone 4). A fuel modification plan shallbe submitted and shall show those items
as required by the Fire Department prior to the approval for the tentative tract map for the area.
D. Fiscal Impact Mitigation
65. Applicant shall ensure the complete mitigation of the net municipal cost of providing services to the
project residents, as specified in this condition and in Condition 66. Prior to builder final map
approval,the applicant shall establish a mechanism to insure ongoing maintenance of all commmmity
amenities and facilities,including but not limited to open space lots,parkways,parks,trails and trail
heads, bikeways, landscape lots, landscape easements, community entries, interior slopes, offsite
graded slopes, street lighting, public and private drives, and public and private streets. This
mechanism maybe in the form of a Community Facilities District or a Landscape and Lighting District
or Master Homeowners Association,or combinations thereof,subject to the approval of the City in its
solediscretion. All required documents necessary tofonnthemaintenance entity,includingbutlimited
to CC&Rs,shall be submitted and approved by the City prior to the approval of the first final map.
66. The applicant shall pay the residual Net City costs either through(a)a single payment of$451,000.00
Jmuuy 20, 1999 7
EXHIBIT D
before commencement of Phase I construction,or(b)a single payment of$527,000 at the issuance of
the first Certificate of Occupancy, or(c) ten annual installments equaling$81,000 each.
67. On or before certificate of occupancy for any-homes, developer shall establish an insurance policy, a
financial security device or trust fund ("Security Policy") for the benefit of the City. The Security
Policy shall be in the amount of$1.6 million with a 4% quarterly compounding interest and shall
operate as a guarantee that any fiscal impact in excess of the fiscal impact amount identified in the
Fiscal Impact Report will be paid to City from the Security Policy. The Security Policy shall be in a
form acceptable to the City in its sole and reasonable discretion.
E. Miscellaneous Conditions
68. Unless otherwise specified, all conditions applicable to eachphase shallbe satisfiedprior to final map
recordation and all dedications and granting of property shall be to the City of Azusa. .
69. Prior to the issuance of any grading plan,tentative tract map,or other development entitlement within
Phase 4 of the Specific Plan, the developer shall provide the City with documentation indicating an
agreement regarding the permanent protection (specifically perimeter fencing) of the Fairmount
Cemetery. The cost of providing permanent protection must be determined in said agreement This
condition may be superceded by any provision or exhibit contained within the Rosedale Specific Plan.
Development Agreement.
70. The applicant or builder shall provide water service to the Cemetery throughout the project's
construction. This condition may be superceded by any provision or exhibit contained within the
-Rosedale Specific Plan Development Agreement.
71. The applicant or builder shall provide suitable access throughout the project's construction, as 4
determinedby the Cemetery and the applicant, to the Cemetery. This condition maybe superceded
by any provision or exhibit contained within the Rosedale Specific Plan Development Agreement.
72. The applicant is encouraged to establish an incentive program to enable existing Azusa residents to buy
a"move-up" home and to encourage police officers and other City employees to buy a home in the
Rosedale project
73. .Whenever the Specific Plan refers to the City of Azusa codes,regulations,requirements, standards,
policies,ordinances,or other regulatory provisions,such regulations shall be those in effect on the date
the Development Agreement is approved,unless beyond the control of the City and except as otherwise
provided in the Rosedale Specific Plan.or any Rosedale Development Agreement
74. Prior to the commencemenf of construction of units in Phase I, applicant shall construct at the Citrus
Avenue-Interstate 210 off-ramps, at its sole cost and expense,a monument sign announcing that one
is entering the City of Azusa. Such sign shall be subject to City's sign requirements and City's
approval process.
75. Maintenance of the landscaped parkways on local streets shall be the responsibility of the Landscape
and Lighting District.
Amery 20, 1999 9
EXHIBIT D
76. Improvement plans for each of the Planning Areas orneighborhoods shallbe submitted to the City for
approval prior to recordation of any Tentative Map.
77. The at-grade rail crossings at.Palm Drive and Rockvale Avenue must be abandoned, if required by
other agency or authority.
78. The applicant shall pay for all costs associated with the closure of another off-site at-grade railroad
crossing. (Note: costs should be limited to the physical costs of closure such as pavement removal,
barricade installation, etc.) The specific crossing shall be determined by the City of Azusa City
Council.
79. Applicant shall comply with the requirements of the Congestion Management Program As
appropriate, developer shall pay the necessary fees to purchase Congestion-Management Plan(CMP)
credits from other agencies to offset any remaining CMP debits created by the project Fees are due
at the time the CMP debt is,created. The applicant shall comply with any substitute measure MTA may
require and implement in place of the debit/credit program.
80. All mitigation measures identified in the EIR and adopted by the City,shall be implemented by the
applicant.
81. Applicant shall diligently implement the EIR mitigation monitoring program,and reimburse the City
for the actual cost of implementation.
82. Developer and Azusa Light and Water Department agree to negotiate for the exchange of a new
reservoir site on the Monrovia Nursery property,in exchange for the Heth Reservoir site with the terms
and conditions to be negotiated and approved by the City ofAzusa City Council The agreement shall
include a condition requiring that the site undergo appropriate environmental review as specified by
CEQA at the time of its proposed development, if not before. 4
F. Permits and Studies
83. In compliance with the Federal Clean Water Act,the applicant shall file a notice of intent to obtain a
General Construction Activity Storm Water Permit(National Pollution Discharge Elimination System
[NPDES])for all construction activities that will disturb five or more saes,or are part of a project that
will disturb five or more acres. Proof of filing a"notice of Intent" with the State Water Resources
Control Board will be required prior to the issuance of the grading or building permits.
84. In compliance with the Federal Clean Water Act, the applicant shall submit a Storm Water Pollution
Prevention Plan(SWPPP)to the Director of Community Development for any construction activities
that will disturb five or more acres,prior to the issuance of grading or building permits.
85. Prior to the approval of any grading planaffecting Beatty Canyon, the applicant shall negotiate a
Streambed Alteration Agreement with California Department of Fish and Game, if required or the
project may be redesigned to avoid any grading impact
Jmaary 20, 1999 9
EXHIBIT. D
86. On a tract by tract basis and prior to the final of each map, the developer shall undertake a
comprehensive oak tree survey and mitigation plan for the purpose of identifying all oak trees within
that tract The survey and mitigation plan shall identify all oaks to be removed, replanted, and
replaced. Replacement shall occur at a ratio of at least 3:1.
87. The applicant shall perform a focused protocol survey for least Bell's vireo and coastal California
guatcatcher prior to commencement of any construction activities in areas ofsuitable habitat to confirm
the continued absence of the listed bird.
88. If vegetation removal is scheduled between February through July of each year(breeding season for
raptors and breeding birds),the applican t shall conduct surveys to determine ifnestingbirds are present
at the removal site. If the breeding season surveys ascertain the presence of breeding raptors or birds'
nests in areas scheduled for vegetation removal, such activity shall not take place within 500 feet of
an active nest until the young have fledged.
G. Development Level Conditions
89. No work within the public right-of-way shall commence without fust obtaining an Encroachment
Permit from the Public Works Department.
90. A City Construction Permit shall be obtained for all work undertaken in the public right-of-way. All
work shall be done in accordance with City of Azusa Standards and Standard Specifications for Public
Works Construction(Green Book), latest edition and to the satisfaction of the City Engineer or his
designee and shall be completed before issuance of Certificate of Occupancy.
91. The applicant shall construct curb and gutter,sidewalk, and driveway aprons.
t
92. Wheelchair access ramps shall be provided at all comers and comply w/ADA requirements.
93. Paving to join existing pavement or to centerline shall be as per project plans.
94. Improvement plans prepared by a registered Civil Engineer shall be submitted for all off-site(public
works)improvements. Plan check fees shall be paid in advance. Plans shallbe 24"by 36"ink on
mylar.
95. A building permit may be issued for a temporary trailer prior to recordation of a Final map
encompassing the subject property with the stipulation that the location thereof must comply with the
City ofAzusa Building Code,the Development Regulations,and the requirements of the Public Works
Department for utilities and roads to serve the site.
96. Issuance of a Certificate of Occupancy may be permitted forthe any temporary trailers prior to the
recordation of a Final Map encompassing the subject property , pursuant to provisions of the
Subdivision Map Act.
97. If temporary trailers or mobile model home offices,design centers,or other uses are used,the trailer
or mobile unit must be surrounded by landscaping that includes ground cover, shrubs,and trees. The
January 20, 1999 10
EXHIBIT 0
landscaping shall be planted and maintained in such a manner that evokes a sense of permanence and
eliminates the "transitory"appearance of the trailer of mobile unit Landscape plans(including plant
type,location,and size)must accompany the trailer or mobile units'permit application. The temporary
trailer or mobile unit's permit shall be reviewed and reconsidered on an annual basis beginning one
calendar year from the initial permit's issuance.
98. Landscape and irrigation plans shall be designed by a Licensed Landscape Architect (licensed to
- practice in the State of California) for all landscaped lots, parks, trails, parkways, and medians.
Landscape and irrigation plans shall show locations, quantifies,sizes,and types of plants materials,
as well as design of an automatic irrigation system Plans shallbe 24"by 36"and in compliance with
City of Azusa landscape design standards. Two sets of irrigation and landscaping plans for all streets,
parks, walkways, and residences shall be submitted. The landscape and irrigation plan for common
areas including parkways and parks shall be submitted prior to the fust final map. Landscape and
irrigation plans for commercial Planning areas or residential units shall be submitted at the same time
as the applicant submits for building plan check. All landscape and irrigation plans shall be submitted .
the Public Works Department and the Community Development Department. No final release from
the Public Works Department shall be granted until these requirements have been met.
99. The developer shall install automatic irrigation to street medians prior to the issuance of a Certificate
of Occupancy.
100. Root barriers shall be installed for trees in front yards and parkways.
101. At subdivision review,the inclusion ofpedestrian friendly design features such aspublic art,fountains,
etc. in the neighborhood commercial areas shall be detemvne&
102. All streets,private orpublic local drives(except in cluster courts,referto Condition 46),and alleyways
shall have parkways with landscaping and an automatic irrigation system. .
103. Parkway trees are required, located no closer than 30'nor greater than 65'apart Parkway trees shall
be at least 15 gallon size as specified in the Rosedale Specific Plan.
104. At least one tree per lot shall be installed, if the plans call for a parkway. In the event that there will
not be a parkway,the same number of trees shall be installed as the number of units,as prescribed by
the Public Works Superintendent.
105. Fencing plans for the Central Park and all packet parks shall be submitted for review and approval of
the Planning Division and Parks and Recreation Department prior to the first final map for the phase
in which the park occurs. These areas shall have landscaping and fencing installed and completed
within such a time frame as agreed upon by the Azusa Unified School District and City of Azusa.
106. If the joint-use area.of the Central Park is fenced,it shall be fenced in such a manner that allows for
the new K-8 school student usage but does not preclude the general public's use at any time of the
day/night-
107. The applicant shall fund plan check and inspection of all Homeowners Association(HOA) areas and
prior to transfer of any HOA area to the Association, the developer shall ftmd City inspection to
ra"uery 20, 1999 11
EXHIBIT D
confirm completion of the required improvements to the approval of the Community Development
Director. .
108. If off-site public improvements require acquisition of land, easement, or right-of-way, the developer
shall negotiate in good faith to acquire the same. Should the developer fail to obtain such real property
interests,the developer shall agree to pay all City costs of acquiring these interest,as provided in the
Development Agreement.
109. Prior to issuing a Certificate of Occupancy for units in the last Planning Area in Phase 3,the applicant
shall dedicate the northern portion of the property designated as open space in the Specific Plan to a
public entity or private organization agreeable to the City,for the maintenance and continued use of
the property as open space.
110. The Monrovia Nursery gates shall be preserved in place.
111. At each gated village or neighborhood entrance, the gate shall be located in such a manner to
accommodate a 40 foot queue of cars at the gate without impacting traffic flow.
112. A unified comprehensive sign program for all commercial areas shall be submitted and approved by
the City's Community Development Department,prior to the issuance of building permits for said
commercial uses.
113. The County Fire Department will not permit gates within this division of land unless shown with a
typical section on a subdivision map and approved prior to tentative approval
114. Where mailboxes for more than sixteen units are grouped together, the mailboxes shall be located
beneath a trellis or covered structure. The structure shallbe designed and constructedto be compatible
with the surrounding residential units. .
115. Where neighborhoods are designed with a separate homeowners association, a community bulletin-
board
ulletinboard shall be constructed beneath the trellis/shade structure adjacent to the mailboxes.
116. All gates and fences enclosing public pools and private recreation area pools shall be constructed and
maintained in such a way that,in an emergency,fire fighting equipment can quickly and efficiently
access pool water. Likewise, all driveways and access roads serving such pools shall be constructed
and maintained to allow fire fighting equipment to access the pool areas.
117. All residences in the planning areas north of Sierra Madre Avenue shall have gates', fences, or
driveways that enable fire fighting equipment to access backyard pools. Developer shall rerord
CC&Rs, subject to the City's approval, shall require private pool owners to permit fire fighting
personnel and equipment to access private pool water.
118. The developer shall include a mininmtun of three cable television outlets in each home.
2 Gates,fences, and driveways shall have a minimum 36"width to provide appropriate access.
J=UWY20, 1999 12
EXHIBIT D
119. The developer shall install conduit for electric vehicle recharge(EVR)in each home's garage.
120. The applicant shall install conduit suitable for the Police Department's community camera program
along the following trails:
the east-west trail;
10"Street trail; and
those located north of the Sierra Madre Avenue.
The conduit shall also be installed at the following intersections:
Rosedale Parkway/Citrus Avenue extension,
Rosedale Parkway/9th Street extension;
Rosedale Parkway(East and West)/C Sheet; and
Rosedale Parkway(East and West)/Sierra Madre Avenue.
121. For each house, all utility meters shall be located in the same location.
122. The applicant shall construct or guarantee to the construction of any and all on-site and off-site sewer,
storm drainage, water, electricity, gas, and other infiustructure necessary to service the Rosedale
Specific Plan area.
123. All infrastructure necessary to serve the proposed development for each construction phase (water,
sewer, storm drainage, streets, gas, electricity, eta) shall be in operation prior to the issuance of
Certificate of Occupancy.
124. The applicant shall finance all infrastructure improvements and pay all related costs associated with
mitigating project impacts at its sole expense.
125. All utilities shall be underground. The applicant shall provide all conduits, pull boxes, vaults,
transformer pads,street lights.
4
126. Existing electric easements may be retained. New easements shall be granted by the applicant for the
new underground electric distribution system
127. The applicant shall dedicate easements for all utilities regardless of location.
129. The applicant shall furnish and install an electric distribution system in accordance with specifications
of Azusa Light &Water Department and existing Hiles and regulations including costs or fees
associated with providing electric services to new homes.
129. A 2-inch PVC conduit (for future utility telecommunication purposes) shall be routed to each new
home and installed in joint trench with underground electric distribution system.
130. The applicant shall arrange for necessary relocation of all utilities,poles,signals,street lights,etc.
131. The applicant shall contact and submit to the Electric Division two sets ofplans showing the following:
site survey plan of buildings,elevations,sections and location of existing electric easements;electric
service desired,electrical load calculation and single line diagram;locations of electric meterpanel and
main switch gear on or in buildings and drawings,if necessary; and location of transformer pad and
Jmunry 20, 1999 - 13
EXHIBIT. D
related substructures.
132. The developer shall repair or replace, at its expense, to the satisfaction of Public Works, any public
improvements damaged during the construction of the development.
133. Street light facilities in public roadways or right-of-way shall be furnished and installed by project
developer in conformance with existing LA County roadway illumination standards.
134. Traffic signals shall be installed at selected project intersections,as warranted by traffic engineering
studies.
135. Grading shall be performed per County of Los Angeles Uniform Building laws,current edition,relating
to excavations and fills.
136. An off-site drainage facility shall be provided in accordance with the Master Plan of Drainage.
137. V.C.P. sewer shall be designed and constructed.
138. The project shall be connected to a public sewer with a V.C.P.sewer connection.
139. The applicant shall pay required sewer fees.
140. A bond or security device shall be posted with the City,in an amount sufficient to cover the amount
of off--site work to be done, as determined by the City Engineer.
141. Additional water system requirements will be required when this land is further subdivided and/or
during the building permit process.
142. The required public fire hydrant fire flows shall meet the Fire Department's standards.
143. The required on-site fire flows shall meet Fire Department's standards.
144. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AIWA standard
C503 or approved equal. All hydrants shall be installedaminimumof25'fromastructure orsttuctm+es
to be protected by a two(2)hour fire wall.
145. All required fire hydrants shall be installed,tested and accepted or bonded for. Vehicular access must
be provided and maintained serviceable throughout construction
146. Maintain access to all fire department motorway(s). Provide an exhibit showing how this will work
prior to final map approval.
147. Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather
access may require paving.
148. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all
structures.
rmnery 20, 1999 14
EXHIBIT D
149. Provide Fire Department 'and/or City Approved street signs and building access numbers prior to
occupancy.
150. All new development will participate in the City's green waste recycling program
151. Applicant shall conform to the 1997 Uniform Building Code, 1997 Uniform Plumbing Code, 1997
Uniform Mechanical Code, 1996 National Electrical Code,State of California 1998 amendments and
all applicable Azusa Municipal Ordinances; as may be amended from time to time subject to the
provisions of the Development Agreement.
152. All plan check fees shall be paid at the time ofplan check submittal.Once plan check is completed and
approved,applicant shall be responsible to pay in full all other appropriate development fees prior to
issuance of any building permit.
153. Structural, architectural, electrical, mechanical, and plumbing plans shall be designed by a State of
California Registered Engineer or State of California Registered Architect.
154. Applicant shall submit three copies of foundation, framing,floor and elevation plans`for plan check.
155. Applicant shall submit three copies of structural calculations simultaneous with the constructiouplans.
156. Applicant shall submit three copies of energy calculations simultaneous with the construction plans..'
157. Applicant shall submit three copies of electrical,mechanical and plumbing plans simultaneous with
the construction plans.
158. Applicant shall submit three copies of the Geotechnical(hazard) Investigation Report simultaneous
with the construction plans. The Geotechnical Investigation Report shall be prepared by a State of 4
California registered Civil Engineeror a State of CalifomiaregisteredCertified Engineering Geologist,
having competence in the field of seismic hazard evaluation and mitigation.
159. Applicant shall submit three copies of soil report simultaneous with the construction plans.
160. Applicant shall submit three copies of plans for all retaining walls over three feet high or retainin
walls having a surcharge imposed on them and garden walls over six feet high.
161. The City shall within thirty days of approval of this resolution or ordinance containing the conditions
of approval for this Land Use Entitlement record such resolution or ordinance with the Los Angeles
County Recorder.
162. If it becomes necessary for the City to take any legal action or commence any administrative
proceeding against the applicant or any successor in interest in order to enforce any of the conditions
of approval set forth herein,the City shall recover from the applicant or successor in interest reasonable
attorney's fees and other reasonable costs incurred in such action or proceeding,provided that the City
obtains a judgment in its favor in any portion of such action or proceeding.
I®ca y 20, 1999 15
EXHIBIT D
163. The applicant or its successor in interest shall be the real party in interest and shall assume primary
responsibility for the defense of any legal action or proceeding commenced against the City to.
challenge the City's approval of Land Use Entitlements and/or the City's approval of EIR related to
such land use approval. The applicant or successor in interest shall reimburse the City for all
reasonable attorney's fees and other reasonable costs incurred by the City in defending such action or
proceeding.
164. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the
applicant and any successor in interest shall be deemed to have agreed to the temu and conditions set
forth herein and the City shall have the right to enforce inits sole discretion such terms and conditions
by pursuing any and all available legal and equitable remedies.
Applicant has read each and everyone of these conditions of approval setforth approves and accepts
the land use entitlements and agreement identified herein,subject to these conditions.
Applicant's Signature Date
JmUuy 20, 1999 - 16
'EXHIBIT.' U
EXHIBIT "E" TO ROSEDALE DEVELOPMENT AGREEMENT
SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING
[Attached behind this page]
RVPUB\SRC\56291
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into as of the 2nd day of
June, 1998, by and between MONROVIA NURSERY COMPANY, a California
corporation ("MNC"), and the AZUSA UNIFIED SCHOOL DISTRICT ("District"),
with reference to the following Recitals. MNC and District are sometimes
hereinafter referred to individually as a"Party" and collectively as the 'Parties".
RECITALS
A. MNC is the owner and master developer of that certain real property
consisting of approximately 520 acres in the City of Azusa within the
proposed Rosedale Master Planned Community ("Rosedale
Development"), the land use entitlements for which have been submitted
to the City of Azusa for approval.
B. MNC's land use entitlement applications, as amended, currently propose
that the Rosedale Development contain approximately 1,808 homes, of .
which approximately 1,311 shall be single family detached residences and
approximately 497 shall be single family attached residences. The
entitlement applications, as amended, also currently propose an
approximately two acre commercial site. MNC and District recognize that
the number and type residences may change and agree to incorporate in
this MOU any amendments to the type and number of homes to be built in
the Rosedale Development.
C. District has advised MNC that the development of the Rosedale
Development, as set forth above, will generate the need for additional
school facilities in the District to serve students that will reside in the
Rosedale Development.
D. District has determined that funding from the State of California for the
additional school facilities necessary to serve the students that will reside
in the Rosedale Development will be inadequate to .construct such
additional school facilities. District has also determined that it does not
have the resources with which to construct the needed additional school
facilities.
E. District and MNC have conducted extensive negotiations beginning on or
about 11/7/96 with respect to the nature and quantity of the additional
school facilities that will be needed if the Rosedale Development is
developed and the responsibility for the funding thereof.
1
F. This MOU is intended to memorialize those matters of understanding
heretofore reached between District and MNC with respect to the school
facility mitigation requirements that will be applicable to the Rosedale
Development and the funding responsibility therefore, for the purpose of
commencing the preparation of a comprehensive School Facilities
Mitigation Agreement between MNC and District ("Agreement").
NOW, THEREFORE, MNC and District memorialize their understanding as to
general terms that the Parties desire to include in the Agreement as follows:
1. PURPOSE AND INTENT: The purpose and intent of the Agreement shall
be to identify the school facilities that will be necessary. to serve the
students generated from the Rosedale Development, establish a method
for financing the acquisition of land and the planning and construction of
the necessary school facilities, and to provide for the full and final
mitigation of MNC with respect to the school facilities impacts of the -
entirety of the Rosedale Development.
2. SCHOOL FACILITIES: MNC shall finance the land acquisition, planning;
and the initial construction of a 600 student kindergarten through eighth
grade school ("K-8 School"), which shall, based upon the projections
referred to in Paragraph 5 below, be expandable, at MNC's expense, to
accommodate up to 1 ,200 K-8 students. MNC shall finance the
construction of a gymnasium at the K-8 School if, at the time Certificates
of Occupancy have been issued for 60% of the approved density of the
Rosedale Development ("Projection Date"), more than 1,050 K-8 students
are projected to be generated from the Rosedale Development. MNC
shall finance the construction of portable classrooms and facilities at other
District sites which are necessary to accommodate the number of K-8
students in excess of 1,200 but .less than 1400 to be generated by the
Rosedale Development. MNC shall finance the construction of additional
school facilities which are necesssary to accomodate students in excess
of 1400 that are projected to be generated by the Rosedale Development.
The type of school facilities (portable or permanent) to accomodate
students in excess of 1400 shall be determined through mutual agreement
between MNC and District. The K-8 School shall contain an adequate
amount of the following supporting facilities as minimally determined by
California State Standards:
A. Administrative offices.
B. Multi-purpose/cafeteria facility with kitchen facilities.
C. Library for elementary and middle school grades.
D. Science and Computer labs.
E. Physical education/playground facilities.
2
F. Parking.
G. Communications/technology.
H. Security Systems at a level equal to that at current District School
Sites.
L Locker facilities for Physical Education.
J, Furniture and equipment at least to the level provided in the
California State Building Program, provided the parties may by
mutual agreement exceed such level.
The design of K-8 School will be compatible with Rosedale's architectural
guidelines in terms of color and exterior style. MNC will work with AUSD
and AUSD's architect in connection with the planning, design, and
construction of the K-8 School. Subject to Paragraph 4 below, District
shall have final decision making authority over any design and
construction issue.
MNC shall fully mitigate the facility needs for all students between the 910,
1050 and 1200 expansion triggers stated in paragraph 3 below, projected
to be generated by the Rosedale Development, on the Projection Date, by
providing mutually acceptable portable facilities, with permanent
foundation equal to the foundations that have been utilized by the District
for placing Class Size reduction facilities. These facilities shall be
provided at the ratio of one portable classroom for every 20 K-3 students
projected to be generated and one portable classroom for every 30 4-8
students projected to be generated between the trigger amounts. (For
example, if the Rosedale Development projects to generate 1010 students
.and the last 100 students (students in excess of 910) were 40 K-3
students and 60 4-8 students, MNC shall provide the District with 4
portable facilities.)
3. ACREAGE OF K-8 SCHOOL: The K-8 School will be located on a nine
(9) usable acre site within the Rosedale Development. The K-8 School
shall additionally own and share an adjacent five and one-half (5 1/2)
acres of park with the City of Azusa pursuant to a Joint Use Agreement so
that the total area used by the K-8 School shall be fourteen and one-half
(14.5) usable acres. The five and one-half (5 1/2) acres of joint use park
shall be credited, in full, to MNC's park obligatio.ns in the Rosedale
Development. In the event that more than 910, but less than 1051, K-8
students are projected to be generated from the Rosedale Development
on the Projection Date, MNC shall increase the size of the school by two
(2) acres to a total of sixteen and one-half (16.5) usable acres. In the
event that more than 1,050 K-8 students are projected as of the Projection
Date, MNC shall increase the size of the school by an additional one and
one-half (1.5) acres to a total of eighteen (18) usable acres.
3
4. STANDARDS FOR SCHOOL FACILITIES: All school facilities will be built
to State standards and costs, however; MNC and District may exceed
State efficiency requirements by utilizing cost savers school type/high
efficiency design criteria in order to optimize cost savings that will be
shared as set forth in Paragraph 9 below. The parties may exceed State
standards and costs with the written agreement from both parties or
unilaterally if the costs in excess of State standards and costs are
assumed soley by the District.
5. PROJECTIONS: The Parties agree to project the total actual number of
K-8 students generated by the Rosedale Development on the Projection
Date. The projections shall be based on actual K-8 students generated by
the Rosedale Development on the Projection Date and shall not include
any pre-kindergarten or high school (grades 9-12) data. Projections shall
be based upon actual generation rates of detached residential dwelling
units and attached residential dwelling units within the Rosedale
Development. On the Projection Date, MNC and District shall determine
the final number of students projected to be generated by the Rosedale
Development by totaling the number of projected students from attached
housing and the number of projected students from detached housing.
The projected number of students in attached housing in the Rosedale
Development shall be determined by adding the actual number of students
generated by the attached housing in the Rosedale Development to a
number equal to the number of students generated by attached housing in
the Rosedale Development divided by the number of attached housing
units on the Projection Date for which Certificates of Occupancy have
been issued, multiplied by the remaining number of attached housing units
in the approved Rosedale Development that have not yet been occupied.
(For example, if 400 of 800 attached housing units are occupied and
generating 400 K-8 students, the student projection shall be
400+(400/400x400=400) for a total of 800 students.)
The projected number of students in detached housing in the Rosedale
Development shall be determined by adding the actual number of students
generated by detached housing in the Rosedale Development to a number
equal to the number of students generated by the detached housing
divided by the number of detached housing units on the Projection Date
for which Certificates of Occupancy have been issued, multiplied by the
remaining number of detached housing units in the approved Rosedale
Development that have not yet been occupied. (For example, if 400 of 800
detached housing units are occupied and generating 400 K-8 students, the
student projection shall .be 400+(400/400x400=400) for a total of 800
students.)
4
Except for MNC's obligation to finance the 600 student K•8 School as set
forth above, the remainder of MNC's obligations hereunder shall be
dependent solely upon the number of K-8 students projected to be
generated from the Rosedale Development on the Projection Date.
MNC's additional obligations hereunder shall be fixed as of the Projection
Date, irrespective of whether, subsequently, more or less K-8 students
than projected are actually generated by the Rosedale Development.
District, upon MNC providing addresses of Certificates of Occupancy, shall
report to MNC annually, in writing, the number of K-8 students generated
by the Rosedale Development attending District schools. Additionally,
District and MNC shall meet and confer, for tentative planning purposes, at
the time of the issuance of 35% and 50% of the total number of certificates
of occupancy for the Rosedale Development.
In the event that on the Projection Date, there are less than 200 occupied
attached housing units, the parties, at MNC's expense, shall conduct a
mutually acceptable survey based upon the actual student generation rate .
of the attached and detached housing units in the District, excluding .
Rosedale, in order to determine what percentage of the detached housing
student generation rate is being generated by attached housing units in
the District. The percentage, as determined by the above survey, shall be
applied to the detached housing student generation rate for the Rosedale
Development to determine the student generation rate of the remaining
unoccupied attached housing units for student projection purposes.
6. OPENING OF K-8 SCHOOL: The K-8 School shall be opened and
commence operations no later than 6 months or the September after the
460th K-8 student in attendance in district schools is generated by the
Rosedale Development. At anytime after the 180th K-8 student is
generated by the Rosedale Development, MNC may request the District to
open the school, however, MNC shall pay $200,000 annually (subject to a
pro rata reduction if students from outside the Rosedale Development
attend the K-8 School during this period) towards the annual incremental
operating costs incurred by District due to the opening of the K-8 School
until such time as the K-8 School has an enrollment of 300 students. (For
example, if there are 285 students in the K-8 School in a given year, of
which 240 are generated by the Rosedale Development, MNC shall pay
240/285 of the $200,000 annual payment.) The District, upon receiving
the request from MNC to open the school, shall open the school no later
than 6 months from the request or on the September following the request
at the discretion of the District. In no event shall MNC be required.to pay
more than $200,000 in any given year.
To the extent that the 300th K-8 student is generated during any particular
school year, such subsidy shall be prorated. MNC shall pay $100,000
(subject to a pro rata reduction if students from outside the Rosedale
Development attend the K-8 School during this period) towards the annual
5
incremental operating costs incurred by District due to the opening of the
K-8 School while the K-8 Schc :l has an enrollment of more than 300 but
less than 460 students. (For example, if there are 350 students in the K-8
School in a given year, of which 300 are generated by the Rosedale
Development, MNC shall pay 300/350 of the $100,000 annual payment.)
To the extent that the 460th K-8 student is generated.during any particular
school year, such subsidy shall be prorated. In no event shall.MNC be
required to pay more than $100,000 in any given year after the 300th K-8
student is generated from the Rosedale Development.
At the time of the opening of the •K-8 School and, thereafter until the
Rosedale Development is completed, so long as at least eighty (80) grade
6-8 students are generated from the Rosedale Development, District shall
operate classes at the 6-8 grade level at the K-8 School. MNC shall locate
and pay for the lease of mutually acceptable portable facilities or provide
mutually acceptable portable facilities to temporarily mitigate all impacts of
K-8 students generated by the Rosedale Development until the new K-8
school is opened. This mitigation shall include but not be limited to
providing temporary portable classroom facilities at existing District
elementary and middle schools in sufficient numbers to fully accommodate
the number of students generated by the Rosedale Development. The
determination of necessary portables shall be based upon the need for 1
(one) portable classroom for every 20 students in grades K-3 and 1 (one)
portable classroom for every 30 students in grades 4-8. All calculations
regarding the number of portables necessary shall be rounded up to
facilitate the availability of a portable classroom for all students in grades
IS-8.
MNC's obligation to pay all or part of the annual operating costs, as
defined by this section, shall be limited to four (4) years from the first
student day of the new school.
The annual incremental operating costs incurred by District due to the
opening of the K-8 School shall include but not be limited to the costs of:
a. School Principal
b. School Secretary
C. School Clerk
d. Day Custodian
e. Night Custodian
f. Health Aide
g. Psychologist
h. Cafeteria Worker
i. Computer Lab Aide
j. Noon Time Aide
k. RSP Teacher
I: Instrumental Music Teacher
6
MNC shall pay 50% of the amount required pursuant to this section to the
District on or before December 31 of each school year, and shall pay the
remainder on or before June 30 of each school year.
7. FINANCING OF SCHOOL FACILITIES: District and MNC shall use best
efforts to apply for and obtain the maximum State funding for all aspects of
the K-8 School and, thereafter, any additional school facilities required by
District to accommodate the K-8 students generated by the Rosedale
Development. The K-8 School shall have the highest priority for new
school construction funding applications to the State. MNC and District
understand that as of the date of this MOU the District does not qualify for
state funding under the State Building Program. To the extent that state
funding is not available, MNC will finance the land acquisition, planning,
and construction of the K-8 school and the expansion thereof as may be
required on the Projection Date, as well as the planning and providing
and/or constructing of any additional classrooms to be located at other
District facilities. The land at other District facilities on which the
classrooms will be located shall be provided by district at no expense to
MNC. MNC's financing responsibility shall be accomplished, in the sole
and absolute discretion of MNC, by payments of a cash amount at a time
or times agreed upon by MNC and District, land dedication, issuance of
Mello Roos Community Facilities District bonds ("CFD") or other bonds,
the construction of facilities, as approved by District, by MNC, or by a
combination of the foregoing. In the event MNC chooses to utilize a CFD
for financing the school facilities described herein, it may include non-
school related infrastructure and services, provided that there shall, in no
event, be recourse to District. MNC agrees to indemnify and hold
harmless District from any and all damages, claims and/or judgments as a
result of the use of CFD for non-school related infrastructure and services.
8. ATTENDANCE POLICY: District shall adopt a priority access policy for
students residing within the CFD which finances the K-8 School. The
degree of priority shall reflect the proportion of the K-8 School's financing
provided through the CFD. If the CFD is not utilized, the K-8 School shall
be a neighborhood school.
9. SHARING OF COST SAVINGS/STATE FUNDS: To the extent that the K-
8 School is constructed at a cost of less than that allowed by the State for
the facility being constructed, MNC shall contribute to District 25% of such
cost savings. Additionally, to the extent that State funding is received by
District for any portion of the K-8 School thus lowering the amount of
financing to be provided by MNC hereunder, MNC shall contribute 12.5%
thereof to District. In no event, however, shall the District's share of cost
savings, share of the percentage of State funding to be contributed by
MNC, the land incentives referred to in paragraph 11 below, and the lump
sum payments for High School mitigation JSee number 10 below) exceed
$1 ,000,000. The District's share of the aforementioned funds shall be
utilized by District for recreational facilities for which MNC shall receive
7
park credit to its park obligations for the Rosedale Development, if
needed. The District's allocation of cost savings, State funding, land
incentives pursuant to paragraph 11 below, and lump sum for High School
mitigation LSee number 10 below) shall be deposited by MNC within thirty
(30) days after receipt of all State funding allocated for the K-8 School, or
any expansion increment, and within ninety (90) days of the final
inspection and issuance of a certificate of completion for the K-8 School,
or any expansion increment, by the State Architect and City of Azusa,
whichever occurs last. All funds referenced above, shall be released by
MNC at such time that the K-8 School has opened and District has
assumed full financial responsibility for the operations of the K-8 School.
10. HIGH SCHOOL MITIGATION: MNC will mitigate high school impact as
follows:
a. For the first 250 high school students generated by
the Rosedale Development (whether the final number of high
school student generation is 1 or 250), MNC will pay to the
District $125,000 or provide 5 portable classrooms. Such
amount shall be paid at the time set forth in paragraph 9
above.
b. For each high school student projected to be generated by
the Rosedale Development over 250, MNC will pay to the
District $1 ,000 per student or provide 1 portable classroom
for every 30 high school students generated.
11. OPTIONS: MNC and the District agree to the following mitigation options
to be exercised at the sole discretion of the District:
a. MNC will pay the District $125,000 for each acre of
land the District is initially entitled under this
Agreement or becomes entitled under this Agreement on the
Projection Date in which the District does not use but
relinquishes to MNC for residential construction. Such
.amount shall be paid at the time set forth in paragraph 9
above.
12. EQUAL TREATMENT: District acknowledges that, pursuant to the terms
herein, MNC is mitigating fully all known impacts of the Rosedale
Development on the District. To the extent that District does not require
other new residential development within the District which consists of 66
or more homes ("New Development"), likewise, to mitigate fully its impacts
on the District, MNC may be at a competitive disadvantage in the
marketing and sale of the homes within the Rosedale Development.
Accordingly, District agrees as follows:
a. Until such time as all of the homes approved for the
Rosedale Development are built and sold, District shall
8
require New Development to fully mitigate all impacts upon
the District by paying school fees in. an amount which is
equal to or greater than that anticipated to be paid by MNC
hereunder. This amount shall be determined by the parties
in the Agreement.
b. Until such time as all the homes approved for the Rosedale
Development are built and sold, District shall require
commercial and industrial development within the District to
pay the full amount of school fees that may be charged by
District under Governing Board Policies. The District shall
seek to increase school fees to the maximum allowed by law
and supportable by District facts, as soon as is practicable.
C. Provided that District has received timely notice from the City
of Azusa and/or MNC prior to official action by the City
Council of the City of Azusa regarding final approval of land `
use entitlement for any New Development that would require
mitigation action by the District under this Agreement, failure
by the District to collect or initiate a collection of mitigation
fees as set forth in this paragraph, after receiving timely
notice from the City of Azusa or MNC as stated above, shall
result in the District's waiver of all rights to any incentive
money in this Agreement, and any incentive money received
shall be repaid to MNC within sixty (60) days of MNC's
demand. Nothing in this paragraph shall be read to forfeit the
District's right to receive the expansion of the K-8 school as
provided in this agreement.
d. Notwithstanding the obligations imposed upon the District in
this paragraph, if a court of competent jurisdiction
determines that District may only charge school fees of a
lesser amount, District shall be in compliance herewith by
charging such lesser amount.
e. In the event that students generated by the New
Development or any Development of 5 or more units, attends
the school constructed in the Rosedale Development, District
shall require that the New Development reimburse MNC for
each student in the amount equal to the total fees paid, per
student, by MNC.
13. AGREEMENT TO BE CONDITIONED UPON LAND USE
ENTITLEMENTS AND COMMENCEMENT OF CONSTRUCTION: The
Agreement entered into by MNC and District shall be conditioned upon (i)
MNC obtaining all necessary land use entitlements for the Rosedale
Development, including a development agreement vesting in MNC's right
to build an agreed upon number of units, all of which shall be acceptable
9
to MNC in its sole and absolute discretion, and (ii) the commencement of
construction of residential units within Rosedale.
14. OTHER CONDITIONS: MNC and District acknowledge that all provisions
of this MOU providing MNC with park credit is conditioned upon the
District's ability to enter an agreement with the City of Azusa concerning
joint use of the 5 1/2 acre park and the authority of the District to deliver
park credit to MNC.
15. REOPENER: District may reopen any portion of this Agreement and
initiate negotiations with MNC on any issues resulting from the changes in
the Rosedale Development as a result of MNC's approval process with the
City of Azusa.
16. NON-BINDING NATURE OF THIS MOU: The Parties acknowledge that
this MOU is of no legal force or effect and merely memorializes the
conceptual and tentative understandings of MNC and District as to the
mitigation of school facilities impacts for the Rosedale Development.
Neither MNC nor District shall be legally bound to the other until such time
that an Agreement has been approved by their respective Boards and
executed by District and MNC.
District and MNC hereby execute this Memorandum of Understanding as of the
2nd day of June, 1998.
"MNC" "District"
MNC NURSERY COMPANY, AZUSA UNIFIED SCHOOL DISTRICT
A California corporation
By: 19227 _'`� By:
Name: LorNDq-X) Name: doses Tires
Title: Title:
10
EXHIBIT "F" TO ROSEDALE DEVELOPMENT AGREEMENT
REIMBURSEMENT FOR PROPERTY ACQUISITION COSTS AGREEMENT
(ROSEDALE PROJECT)
[Attached behind this page]
RVPUB\SRC\56291
REIMBURSEMENT FOR PROPERTY ACQUISITION COSTS
AGREEMENT
(ROSEDALE PROJECT)
between
THE CITY OF AZUSA
a California municipal corporation
and
MONROVIA NURSERY COMPANY
a California corporation
[Dated as of February 26, 1999, for reference purposes only]
RVPUB\SRC\56291
ARTICLE 1. PARTIES AND EFFECTIVE DATE
This Rosedale Project Reimbursement for Property Acquisition Costs Agreement
("Agreement") is dated as of February 26, 1999, for reference purposes only, and is entered
into between (i) The City of Azusa ("City"), a California municipal corporation, and (ii)
Monrovia Nursery Company ("Owner"), a California corporation, its permitted successors and
assigns.
This Agreement shall not become effective until the date ("Effective Date") on which
this Agreement has been executed by the appropriate authorities of the City and the Owner.
ARTICLE 2. RECITALS
2.1 Owner owns certain real property located within the City of Azusa and County of
Los Angeles, State of California("Property").
2.2 Owner proposes to develop the Property as a single family residential development
project ("Project") in accordance with that certain"Rosedale Development Agreement" approved
by the City on January 20, 1999 ("Development Agreement"), between the City and the Owner.
2.3 Pursuant to the Project's development approvals, the Development Agreement,
and the City's Municipal Code, Owner is obligated to construct and dedicate to the City
certain public improvements ("Public Improvements") in connection with the Project, which
Public Improvements will be located on property which is neither owned or controlled by the
Owner or the City. For purposes of this Agreement, any individual parcel of.such property
shall hereinafter be referred to singularly as a "Subject Property," and collectively as "Subject
Properties." The Owner must acquire the Subject Properties in order to construct and dedicate
the Public Improvements.
2.4 Owner and City will be entering into certain Subdivision Improvement
Agreements (collectively, "Subdivision Agreements") with respect to the timing, construction,
maintenance and warranty of the Public Improvements.
RVPUB\SRC\56291 -1-
2.5 If the Owner is unable to acquire the Subject Properties following good faith
negotiations with the owners thereof, the City will assist the Owner in said acquisitions subject
to the terms and conditions set forth herein.
ARTICLE 3. TERMS
3.1 Owner's Attempts at Acquisition and Notification to the City if Such
Efforts are Unsuccessful. Owner shall exercise reasonable and diligent good faith efforts to
acquire the Subject Properties for the Public Improvements from the owners of record at a cost
and upon terms acceptable to Owner in its sole discretion. Owner's submittal of a written
offer to purchase or otherwise acquire any Subject Property to the owner(s) of record at such
owner(s) address set forth in the records of the County Assessor shall be deemed to satisfy the
requirements of this Section 3.1. If, despite such efforts, the Owner is unable to acquire any
particular Subject Property, Owner may make written request of the City requesting the City
to attempt to acquire such Subject Property.
3.2 City Acquisition of the Subject Property. Following the City's receipt of
Owner's written request as provided in Section 3.1 above, the City agrees to use reasonable
and diligent good faith efforts to acquire the Subject Property from the owner(s) of record by
negotiation to the extent permitted by law and consistent with this Agreement. Such good faith
efforts shall include the City's preparation and delivery to the owner(s) of record of a written
offer to purchase the Subject Properties pursuant to Government Code Section 7267.2. It the
City is unable to voluntarily acquire Subject Properties, the City shall commence proceedings
pursuant to Title 7 (commencing with Section 1230.010 of Part 3 of the Code of Civil
Procedure to acquire such interests in the Subject Properties as which will permit the Public
Improvements to be made by Owner, including proceedings for immediate possession of the
Subject Properties under Article 3 (commencing with Section 1255.410) of Chapter 6 of
Title 7.
3.3 Reimbursement of Acquisition Costs. Owner shall reimburse the City for all
internal and third parry costs and expenses (collectively, "Costs") incurred by the City and
RVPUB\SRC\56291 -2-
LEXHIBIT F
0 0
associated with the City's attempts at or actual acquisition of the Subject Properties by
negotiation or by eminent domain. Costs include, without limitation, all of the following:
attorneys' fees for the preparation of any agreements between the City and,Owner related to
the subject matter herein; attorneys' fees relating in any way to the acquisition or attempt at
acquisition, filing fees and all other court costs; City administrative, procedural and third-party
costs relating to the acquisition or attempt at acquisition; engineering, surveying and site
inspection costs; environmental study and review costs; appraiser; property remediation and
costs; relocation assistance benefits; title insurance; acquisition agents and relocation
consultants; payment of just compensation, loss of goodwill, relocation expenses, damages,
interest and/or attorneys' fees determined in court or in settlement negotiations; trial
preparation and exhibit costs; attorney and City travel costs, photocopy, postage, delivery,
computer and telephone charges relating to the acquisition or attempt at acquisition of the
Subject Properties; and all other reasonable costs and expenses of the City, its attorneys or
agents, in any way relating to the acquisition or attempt at acquisition of the Subject
Properties.
The Owner's obligations under this Section 3.3 are absolute and not contingent upon
the actual outcome of any negotiations or court proceeding which may be filed in connection
with such acquisition or attempt at acquisition of anyone or more Subject Properties.
3.4 Method of Reimbursement of Costs. Upon notification by Owner to the City
that Owner is requesting the City to attempt to acquire a Subject Property pursuant to Section
3..1, the Owner shall deposit with the City an amount ("Deposit") determined (by the City
Engineer in the exercise of his or her reasonable discretion) to be the estimated Costs
associated with the City's efforts at acquisition of the Subject Property specified in such
request. Such Deposit shall be paid by Owner to the City within twenty (20) days after Owner
receives the City Engineer's estimate of the Costs for the Subject Property; provided,
however, after receiving the City Engineer's estimate of the Costs, Owner may, by written
notice to the City, request the City to suspend the City's attempts at acquisition, for a period
not to exceed ninety (90) days, to allow the Owner time to attempt to acquire the Subject
Property by additional voluntary negotiations between the Owner and the owner of the Subject
RVPUB\SRC\56291 -3-
�EXHIBIT. F
Property. If, following the end of such ninety (90) day period, the Owner has not entered into
a binding contractual commitment for the purchase of the Subject Property from the owner
thereof, the Owner shall deposit with the City the City Engineer's estimate of the Costs with
respect to such Subject Property in accordance with this Section 3.4. The City Engineer's
estimate shall identify, with reasonable specificity and detail,the Costs for the Subject
Property. The City's obligation to acquire or attempt to acquire any Subject Property is
expressly contingent upon the Owner's prior tendering to the City of the Deposit with respect
to that Subject Property and the Owner's replenishment of the Deposit Account as set forth
below.
The City shall place the Deposit received from the Owner in a separate account
("Deposit Account") among its general accounts, and the Deposit shall not be commingled
with any of City's funds. No express, implied or constructive trust is intended to be or shall
be created a result of the City's receipt and acceptance of a Deposit. The Deposit shall be
subsequently replenished by the Owner as described below. City may withdraw funds from
the Deposit Account, without prior notice to or approval of Owner, in such amounts as
necessary to reimburse itself for all Costs which it incurs. Any amount of the Deposit Account
remaining after this Agreement is terminated or expires shall be returned without interest to
Owner after all of Owner's obligations hereunder have.been satisfied. City shall furnish
Owner, within ninety (90) days after written request by Owner, an accounting of all deposits
and withdrawals from the Deposit Account, including a description of the Costs paid by the
City, since the previous accounting.
Owner shall at all times maintain a positive Deposit Account balance. The City may
make written demand upon Owner for additional specified funds to be placed into the Deposit
Account when the City determines, in its reasonable discretion, that the remaining Deposit
Account balance is insufficient either to reimburse the City for its current Costs or to cover
City's reasonably anticipated future Costs. Any such demand shall identify, with reasonable
specificity and detail, the additional Costs to be paid with these additional funds.
RVPUB\SRC\56291 -4 EXIJ,BIT 1
3.5 Control of Proceedings. The City shall have primary control over any and all
negotiations and administrative/judicial proceedings brought by or against the City in
connection with, or as a result of the City's activities regarding the acquisition or attempt at
acquisition of the Subject Properties; provided, however, settlement of such proceedings as to
a particular Subject Property for a settlement amount (exclusive of attorneys' fees) which is
one hundred twenty five percent (125%) or greater than the City's fair market appraisal value
shall, upon the Owner's written request, be suspended for a period of forty-five (45) days to
allow the Owner time to enter into additional voluntary negotiations with the owner of the
Subject Property. If, at the end of such forty-five (45) day period, the Owner has not entered
into a binding contractual commitment for the purchase of the Subject Property from the
owner thereof, the City may proceed to settle such proceedings in accordance with this Section
3.5, or, upon the Owner's written demand, the City shall continue litigating such proceedings.
This Agreement shall not constitute a waiver or modification of any evidentiary privileges the
City may have, including, without limitation, attomey/client, work product, legislative process
or official information privileges.
3.6 No Commitment to Condemn. Except for City's express obligations set forth
in Section 3.2, Owner hereby acknowledges and understands that this Agreement does not
obligate the City in any way to use its power of eminent domain to acquire any Subject
Property. The City's use of the power of eminent domain is conditioned by law upon certain
findings and determinations that the City Council, in its sole discretion, must make in
accordance with California Code of Civil Procedure Sections 1240.030, 1240.040, and
1245.230. These findings and determinations include, without limitation, all of the following:
(i) The public interest and necessity require the Public Improvement;
(ii) The Public Improvement is planned or located in the manner that will be
most compatible with the greatest public good and the least private
injury;
(iii) The Subject Property is necessary for the Public Improvement; and
(iv) That either the offer (if any) required by Section 7267.2 of the
California Government Code has been made to the owner(s) of record,
RVPUB\SRC\56291 -5-
EXHIBIT F
or the offer has not been made because the owner(s) cannot be located
with reasonable diligence.
Owner hereby acknowledges and understands that as of the date of this Agreement, the
City has not considered the propriety of the use of its power of eminent domain to acquire any
Subject Property. The City makes no representation or guarantee whatsoever concerning the
eventual result or outcome of its discretionary consideration of the use of its power of eminent
domain to acquire any Subject Property or of any actual eminent domain proceeding.
3.7 Indemnity. Owner hereby agrees to defend (with counsel reasonably
acceptable to the City), indemnify and hold harmless the City, its officials, officers,
employees, agents, attorney, and contractors from and against all third party liability, claims,
lawsuits, judgments, fines, penalties, amounts paid in settlements, costs and expenses arising
out of or in any way connected with the Owner's and its officers', employees', agents' and
contractors' actions under this Agreement with respect to any Subject Property.
Owner's obligations under this Section 3.7 shall survive the expiration or termination ,
of this Agreement.
3.8 Cooperation. The parties agree to cooperate with each other in furthering the
purposes of this Agreement. The parties hereby agree to take such other actions and execute
such other reasonable documents as are consistent with this Agreement and as are reasonably
necessary to effectuate this Agreement; provided, however, that the foregoing shall not require
the City to take any legislative act or exercise its discretion in any particular manner.
3.9 Termination for Reason Other than Owner Default. Either the City or the
Owner may terminate this Agreement at any time and without cause upon ten (10) days prior
written notice to the other party. If this Agreement is terminated as provided in this Section
3.9 before the City's acquiring of the Subject Properties or the right to possession of the
Subject Properties as provided in this Section 3.9, City shall return to Owner for any portion
of the Deposit not yet expended by City. The Owner may terminate this Agreement pursuant
to this Section 3.9 only upon its demonstration to the City that the Owner has entered into
RVPUB\SRC\56291 -6-
:EXHIBIT F
binding contractual commitments for the purchase of all Subject Properties necessary for the
construction of the Public Improvements and that such acquisition will occur in a manner so as
to allow Owner to timely meet its obligations regarding the construction of the Public
Improvements.
3.10 Default and Termination
The Owner will be in material default of this Agreement if the Owner breaches any
material term of this Agreement and fails to completely cure such breach within twenty (20)
days following written notice of such breach from the City. Upon Owner's material default,
the City may, at its option, elect one or more of the following remedies:
(i) The City may terminate this Agreement and its obligations hereunder in
its entirety; provided, however, that such termination notwithstanding,
Owner shall remain liable to the City for all Costs incurred by the City
up to the date of such termination and shall remain liable to the City for
all Costs reasonably incurred by the City subsequent to such termination,
as necessary, as determined by the City in its reasonable discretion, to
terminate any acquisition activities undertaken prior to such termination,
including, without limitation, amounts that the City may pay as a result
of City's election to abandon or settle any judicial proceedings which
may have been filed, pursuant to Code of Civil Procedure Section
1268.610, e1 sgq. The foregoing obligation shall survive the termination
of this Agreement.
(ii) The City may suspend some or all of its attempts at acquisition of the
Subject Properties until such time as the Owner has cured such breach;
provided, however, that such suspension shall not operate to delay or
excuse the Owner's obligations with respect to the construction and
dedication of any Public Improvement; and
(iii) The City may bring an action for all legal and equitable remedies to
which the City may be entitled, including, without limitation,
temporary, preliminary and permanent injunctive relief.
RVPUB\SR6\56291 -7- UHIg(T F
3.11 . Term. The term of this Agreement shall commence on the Effective Date and
shall continue until terminated pursuant to Sections 3.9 or 3.10 above, or until the acquisition
of all Subject Properties has been completed or excused as provided hereunder, or until
terminated by mutual written consent of both the City and Owner, whichever occurs first.
3.12 Subdivision Agreements and Development Agreement Not Affected. The
Subdivision Agreements and Development Agreement shall not be deemed to be amended,
modified, or affected in any way whatsoever by any term of this Agreement. The rights and
remedies available to the City under the Subdivision Agreements and Development Agreement
may, to the maximum legal extent, be exercised independently or conjunctively with the rights
and remedies of the City under this Agreement.
3.13 Owner Ultimately Obligated to Acquire Subject Properties and Construct
Public Improvements. Unless otherwise excused by any provision of the Development
Agreement, the Owner acknowledges and agrees that it is the Owner's ultimate obligation to
acquire and pay for all Subject Properties necessary for the construction of the Public
Improvements and that, any provision of this Agreement to the contrary notwithstanding, the
Owner shall acquire all necessary rights or fee title to the Subject Properties either by
voluntary acquisition from the owners thereof or from the City pursuant to this Agreement, or
the Owner shall make alternate arrangements for the construction and/or payment for the
Public Improvements which are acceptable to the City in its sole and reasonable discretion.
ARTICLE 4. General Provisions.
4A Entire Agreement. This Agreement contains the final and complete agreement
between the parties with respect to the matters herein discussed and supersedes all previous
communications or agreements between them, either oral or written.
4.2 No Agency. Each party acknowledges that it is not the agent, partner or
fiduciary of the other.
RVPUB\SRC\56291 HIBIT F
4.3 Assignment. This Agreement is not assignable, in whole or in part, by the
Owner, without the prior written consent of the City, which consent will not be unreasonably
withheld or delayed. As a condition to such consent,the City may require the assignee to
provide security to the City for the obligations so assumed, in a form and an amount
reasonably acceptable to the City. Any attempt at assignment in violation of this Section 4.3
shall be void and shall constitute a default under this Agreement.
The foregoing notwithstanding, the Owner shall have the right, upon fifteen (15) days'
prior written notice, to assign its rights and obligations under this Agreement to an "Owner
Affiliate" as such term is defined in the Development Agreement.
4.4 Attorneys' Fees. In the event that any action or proceeding is commenced
between the City and the Owner to enforce or interpret any term of this Agreement, the
prevailing party in such action or proceeding, in addition to all other relief to which it may be
entitled, shall be entitled to recover from the other parry the prevailing parry's costs of suit and
reasonable attorney's fees. The attorney's costs and fees recoverable pursuant to this Section
4.4 include, without limitation, attorney's costs and fees incurred on appeal and those incurred
in enforcing any judgment rendered in any such action or proceeding. Such attorney's costs
and fees may be recovered as an element of costs in the underlying action or proceeding or in
a separate recovery action.
4.5 Notices. All notices shall be in writing and shall be considered given either: (i)
when delivered in person to the recipient named below; or (ii) on the date of delivery shown
on the return receipt, after deposit in the United States mail in a sealed envelope as either
registered or certified mail with return receipt requested, and postage and postal charges
prepaid, and addressed to the recipient named below; or (iii) on the date of delivery by
facsimile transmission to the recipient named below. All notices shall be addressed as follows:
If to City: City Manager
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Fax No. (626) 334-6358
RVPUB\SRC\56291 -9-
EXHIBIT F
with a copy to: Best Best & Krieger LLP
400 Mission Square
3750 University Avenue
Riverside, CA 92502
Attn: City Attorney
Fax No. (909) 686-3083
If to Owner: Monrovia Nursery Company
P.O. Box 1385
Azusa, CA 91702-1385
Fax No. (626) 334-3126
With a copy to: Kaufman and Broad Home Corporation
10990 Wilshire Boulevard
7th Floor
Los Angeles, CA 90024
Attn: General Counsel
Fax No. (310) 2314280
Either party may, by notice given at any time, require subsequent notices to be given to
another person or entity, whether a party or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
4.6 Governing Law. This Agreement and its provisions shall in all respects be
interpreted, construed, enforced and governed by and under the laws of the State of California,
without regard to its conflict of laws principles.
4.7 Consent to Jurisdiction, Venue and Service. Any action or proceeding
brought respecting this Agreement shall be instituted and maintained in the appropriate court in
the County of Los Angeles, California. Owner hereby waives any provision of law providing
for a change of venue from such court to another court of either state or federal jurisdiction on
any grounds whatsoever, including, without limitation, on the grounds that the City may be a
party to any such action or proceeding. The foregoing waiver encompasses, without
limitation, California Code of Civil Procedure Section 394 and any other state or federal
statute or judicial decision of similar effect.
RVPU9\SRC\56291 -10- ..EXHIBIT F
Each parry hereby irrevocably consents to such personal jurisdiction of the court.
Service of process may be made in any manner provided by law.
4.8 No Waiver; Rights and Remedies Cumulative. Owner's or the City's failure
to insist on performance of any of the terms or conditions of this Agreement or to exercise any
right, remedy or privilege of Owner's or the City's waiver of any breach hereunder shall not
thereafter be deemed a subsequent waiver of any other terms, conditions, or rights, remedies
or privileges, whether of the same or similar type. No party will be deemed to have waived
any rights under this Agreement unless the waiver is made in writing and signed by the.
waiving party or that party's duly authorized representative.
All rights and remedies provided for under this Agreement are cumulative.
4.9 Modification. This Agreement may be modified only by another written
instrument duly authorized and executed by both the City and the Owner. The foregoing
notwithstanding, the City Manager is hereby authorized to make on behalf of the City such
minor amendments to this Agreement as the City Manager may deem prudent and necessary in
its administration, with the concurrence of the City Attorney.
4.10 Severability. The provisions of this Agreement are specifically made several.
If any clause, provision, rights and/or remedy provided for herein is unlawful or
unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if
such clause, provision, right and/or remedy were not contained herein.
4.11 Rules of Construction. The language in all parts of this Agreement shall in all
cases be construed as a whole according to its fair meaning, and not strictly for or against,
either the City or Owner. Section headings in this Agreement are for convenience only and
are not to be considered as a part of this Agreement or in any way limiting or amplifying the
provisions hereof. All provisions and any variations thereof shall be deemed to refer to the
masculine, feminine, neuter, singular or plural,as the identification of the person or persons,
firm or firms, corporation or corporations may require.
RVPUB\SRC\56291 - -11- EXHIBIT.' F
0
This Agreement is the product of mutual negotiation and drafting efforts. Accordingly,
the judicial rule of construction that ambiguities in a document are to be construed against the
drafter of that document shall have no application to the interpretation or enforcement of this
Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of
fact may refer to such extrinsic evidence not directly in conflict,with the express terms hereof
to ascertain and give effect to the intent of the parties to this Agreement.
4.12 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original and all such counterparts together shall constitute the entire
agreement of the parties hereto.
4.13 Authorization. Each individual executing this Agreement hereby represents
and warrants that he or she has the full power and authority to execute this Agreement on
behalf of the named parties.
[Signatures on following pages]
RVPUB\SRC\56291 -12 EXHIBIT F
CITY OF AZUSA
a California municipal corporation
Z;BJ'C'ky:
Rick Cole
City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER, LLP
By:
onia R. Carvalho
City Attorney
RVPU9\SRC\56291 -13-
EXHIBIT F
MONROVIA NURSERY COMPANY
a California corporation
By:
Its:
By:
Its:
EXHIBIT
RVPUB\SRC\56291 _14_
EXHIBIT "G" TO ROSEDALE DEVELOPMENT AGREEMENT
WATER SYSTEM REQUIREMENTS
[Attached behind this page]
RVPUB\5RC\56291
-Os '�he Cz y of Azusa
kZUSA
G..r • . .r Ea
For Quality a(Life -
November 25, 1998
Mr. David Linden Mr. Patrick Loy
Monrovia Nursery Company Senior Project Manager
18331 E. Foothill Blvd_ Lewis Homes Management Corp.
Azusa, CA 91702 P. O. Box 670
Upland, CA 91785
RE: Rosedale Project— Water System Development Fee and Annexation Fee, and
Reservoir Sites
Gentlemen:
This letter is intended to memorialize the understandings we reached at various negotiation
meetings in the recent past with regard to the Water System Development Fee and Annexation
Fee that the Rosedale Project will be responsible for, and the water infrastructures that the
developer may build in lieu of paying Fees.
You have been given one copy each of the Ordinance and Resolution that established Water
System Development Fee and Water System Annexation Fee. Total payment for these fees will
be determined based on the final plan or plans of the subject project. As you indicated, you
intend to pay these fees based on the phased development. These fees, therefore, will be subject
to the increases based on Los Angeles Construction Index, and will be amended annually by the
Azusa City Council. The definition of multi-family development, as you raised, will be in
accordance with that of the City's Community Development Department.
With respect to water infrastructures for this project, the Water Master Plan identified the need
for storage facilities, or reservoirs. As I indicated, you may elect to build these facilities in lieu
of the Fees. If you elect to have the Azusa Light& Water Department (Department) to build the
reservoirs, the Department will require your commitment to reimburse the Department the capital
cost of the reservoirs by the future phases of the Project, subject to the time cost of the capital at
the rate of prime plus 2%.
As to your question whether the reservoirs need to be built before the first phase of your Project
or can be waited until some time later, it will depend on when the proposed school is built. As
we explained in the meeting that the water storage requirement have changed substantially in
recent vears from what was projected in the Water Master Plan due to the greater-than-projected
growth in our water service area, as well as warmer weather trend in recent years. If the school
were to be built along with the first phase of your project, new reservoir at Zone 830 would
definitely be required.
729 N. Azusa Avenue P.D. Box 9500 Azusa, California 91702
626/812-5208 (phone) 626/334-3163 (fax) utilities@azusa.ca.gov (e-mail)
EXHIBIT G
Pg.2: Rosedale Project— Water System Development and Annexation Fees, and Reservoir Sites
With respect to property exchange for reservoirs, I proposed to swap the existing Heth Reservoir
site, 1.315 acres, with a like amount of land from Monrovia Nursery Company. You offered
yesterday that Monrovia Nursery Company will give two parcels of land in exchange— one
parcel of 0.9 acre adjacent to the existing City reservoir above Sierra Madre, one parcel of
approximately 0.5 acre at 1023' elevation. I do need to request that there should be an easement
for access road to be provided to the 1023' reservoir site to make this parcel useful to the City.
You agrees to provide a tentative plat map so we can physically identify these parcels.
Please call me if you have any comments or revisions after you have reviewed the above.
Sincerely,
Tsh F. Hsu
Director of Utilities
cc: Rick Cole, City Manager
Bob Bowcock, Water Operations Manager
Sonia Carvalho, City Attorney
,EXHIBIT G
/ U n IAl.•..J.lf./
OF �
, +�
The Gy of Azusa J -
f`�<IFq���� — RECEIVED —
October 3, 1996 OCT 0 7 1996
Mr. Patrick Loy 3 Upland, Calif.
Director of Planned Community Development
Lewis Homes Management Corp.
P. O. Box 670
Upland, CA 91786-0670
RE: Water System Development and Annexation Fees
Dear Pat:
I have one minor correction to your letter of understanding dated September 30, 1996.
Under your sub-paragraph 2, Annexation Fee also would apply to parks. For the proposed
school within your development, Annexation Fee will be based on the Commercial Rate.
One more qualification regarding the maximum dollar exposure. The rates adopted by the City
Council under these fee resolutions will be adjusted annually based on Engineers' National
Record (ENR) Construction Index.
For your record I am enclosing one copy each of the adopted Water System Development Fee
and Water System Annexation Fee resolutions.
Sincerely,
Joseph F. Slsu
Director of Utilities
Attachments
cc: Bob Bowcock w/o attachments
LIGHT & WATER DEPARTMENT Joseph F. Hsu, Director
729 North Azusa Avenue r+
P.O. Box 9500 EXHIBIT G 818/812-5208 !Phonal
Azusa, Caiifornis 91702 818/3343163 (Fax)
t`
LEWIS HOMES MANAGEMENT CORP.
1156 N.Mountain Avenue 1 P.O.Bax 670 1 Upland.California 91785-0670
9091985-0971 FAX:9091949700 Project Development Departnmt FAX:90919315534
September 30, 1996
Mr. Joe Hsu
Director of Utilities
Azusa Light and Water Department
729 North Azusa Avenue, P.O.Box 9500
Azusa, California 91702
Re : PROPOSED ORDINANCE ARID R°SOLUTIONS CONCERNING WATER
DEVELOP= IMPACT FEES ARID WATER ANN X.?TICN FEES IMPACT
TO THE RCSEDALZ MASTER PLAN PROJECT
Dear Joe :
Thank you for meeting with David Linden, Milt Madole and me to
discuss concerns we have about the proposed fee ordinance and
resolutions and their impact upon the Rosedale project .
Based upon our discussions it is our understanding that the
Rosedale project will be responsible for the following:
1 . Payment of Water System. Development Impact Fees based
upon the final approved Specific Plan outlining total
unit numbers of single family, multifamily and
commercial .
2 . Payment of the new Water System Annexation Fee based upon
the final approved Specific Plan outlining the total
number of units for single family, multifamily and
commercial uses not currently in the service area
3 . All interna'_ water system improvements , including
distsibuticn mains recuired in Sierra Madre, Rosedale
Bculevard or ocher collector roads identified within the
Rosedale Specific Plan. These .rater lines will be si=ed
to meet the needs of the final accroved Rosedale Specific
Plan cutlir__ng total unit numbers of single Tamil,.
mu'_t_=amity and coercia'_ . Any over si=ing of these
mm
ware= ma-:,s r=_cuested by the Ci�i of A=usa wi'_l be
cemp_eted at the City ' s expense .
EXHIBIT G
Mr. Joe Hsu
September 30, 1996
Page Two
The payment of Water System Development Impact Fees and Water
System Annexation Impact Fees for the Rosedale project, based upon
the total number of units and approved land use intensities in the
final Specific Plan, will be the maximum dollar exposure for the
Rosedale project for the construction of City Water Master Plan
water facilities defined as the upgrade or new construction of :
Reservoirs, transmission and distribution lines, pumping
facilities, treatment facilities or other improvements as
identified in the September 20, 1996, Water Facility Fee Evaluation
report, Appendix "A" , Phases I, II, and III .
This summarizes our understanding of the proposed ordinance and
resolutions on Water Development Impact Fees and the impact to the
Rosedale project based on our meeting. Please contact me
immediately if this does not accurately set forth your
understanding.
Sincerely,
LEWIS S MANAGEMENT CORP .
Patrick Lov
Director of Planned ity Development
copy: David L. Linden, Monrovia Nursery Company
Milt Madole, Madole and Associates , Inc.
Joe Manisco, Lewis Homes Management Coxa.
PRL: emb\112
EXHIBIT G
EXHIBIT "H" TO ROSEDALE DEVELOPMENT AGREEMENT
CEMETERY MEMORANDUM OF UNDERSTANDING
[Attached behind this page]
RVPUB\SRC\56291
ORIGINAL
AGREEMENT REGARDING CEMETERY IMPROVEMENTS
This Agreement Regarding Cemetery Improvements ("Agreement') is entered into
this L?z- day of February, 1999, by and between the MONROVIA NURSERY
COMPANY, a California corporation ("Monrovia") and the FAIRMOUNT CEMETERY, a
California Trust ("Fairmount"). Monrovia and Fairmount are individually referred to
hereafter as "Party" and collectively "Parties".
RECITALS
A. Monrovia is the owner of certain real property, portions of which are in the
County of Los Angeles, City of Azusa and City Glendora. Monrovia has
obtained land use entitlements (subject to annexation by the City of Azusa) for
the development of 1,632 homes on the portions of the property within the
County of Los Angeles and the City of Azusa and will be processing similar
land use entitlements for the portions of the Property in the City of Glendora
('Project').
B. Fairmount is the owner of that certain cemetery located adjacent to the
Project as identified in the map attached hereto as Exhibit "A" ("Cemetery").
C. Monrovia and Fairmount expect that the development of the Project will have
certain impacts on the Fairmount Cemetery and desire by this Agreement to
provide for certain improvements by Monrovia in order to mitigate fully all
such impacts.
NOW, THEREFORE, in consideration of the mutual promises.and covenants set forth
herein, Monrovia and Fairmount agree as follows:
1. Southwestern Edge Side Slope.
Monrovia has had its civil engineer investigate and review the existing
southwestern edge side slope and make recommendations for short term
erosion control measures, which were jointly reviewed and approved by
Cemetery representatives and the City of Glendora. Monrovia has, at its own
cost, implemented and installed the short term erosion control measures
recommended by its civil engineer. In addition to the foregoing erosion
control, Monrovia agrees that at the time that the last phase of the Project,
which is adjacent to the Cemetery, is graded, Monrovia will fill the land along
the south and western edges of the Cemetery, such that the slope shall be
eliminated.
2. Access.
Monrovia will, during all construction phases of the Project, provide for a
single access to the Cemetery. Prior to grading and construction, Monrovia
and the Trustees of Fairmount, shall meet and agree, in their reasonable
discretion, upon the temporary access routes during the various construction
phases. Such temporary access may be from Sierra Madre or other streets in
Glendora. Monrovia agrees to provide, at the completion of the first phase of
the Project, a paved access route to the Cemetery through the Project from
Citrus Ave. Such paved road shall be provided and maintained until the final
phase of the Project. At that time, Monrovia agrees to construct a public
Agreement Regarding Cer*ery Improvements/Fairmount/N..Obvia Page 2
street, which will provide permanent access for the Cemetery. The exact
location of this street shall be determined in the reasonable discretion of
Monrovia, during the development of the Project. Cemetery acknowledges
that the location of this street may be determined in large part by the Cities of
Glendora and/or Azusa and provided that the street does not encroach upon
the Cemetery property, the street shall be located as ultimately required by
such Cities. The Parties agree to grant any required new easements, and
quitclaim any unnecessary existing easements, as necessary to provide
access to the Cemetery as set forth herein.
3. Fencing.
Monrovia agrees, prior to issuance of the last certificate of occupancy for the
Project, to construct fencing between seven and eight feet high with pilasters
at no more that 30 feet on center. Such fencing shall be a combination :of
masonry and ornamental iron (or tubular steel) or view fencing. Monrovia
further agrees to install outside of the fencing landscape planting areas of
approximately 10 feet along boundaries of the Cemetery where appropriate.
Monrovia agrees to consult with the Trustees of Fairmount concerning the
design of the perimeter fencing and the landscape planting materials to be
installed in the aforementioned buffer planting area. All costs associated with
the installation of the fencing and landscaping shall be borne by Monrovia.
All costs associated with the maintenance of the fencing and landscaping
shall be the ongoing obligation of Fairmount.
4. Water service.
Monrovia shall provide water service to the Cemetery Property throughout
the construction of the Project. Fairmount agrees, however, to apply to the
City of Glendora and obtain necessary water service for its long term irrigation
needs and the long term maintenance of the landscaping installed by
Monrovia.
5. Monrovia's Obligations Conditioned Upon Development
The Parties agree that Monrovia's obligations hereunder shall be conditioned
upon its development and construction of the Project and in the event that
Monrovia fails to commence or, if commenced, thereafter abandons the
Project, Monrovia shall be relieved of any and all obligations hereunder
arising in connection with future undeveloped phases of the Project.
6. Governmental Approvals.
All obligations of the Parties hereunder shall be subject to approval by
applicable governmental agencies and utilities. In the event that any such
agency or utility prohibits the construction any of the improvements set forth
herein or otherwise requires any revisions thereto, the Parties shall, in good
faith, attempt to agree upon alternative improvements consistent herewith.
7. Easements and Licenses.
Fairmount and Monrovia hereby agree to grant to each other all easements
and licenses necessary to effectuate the intent of this Agreement at no cost to
the requesting Party. Fairmount specifically grants to Monrovia a license to
Agreement Regarding Ceetery Improvements/FairmounUlvi*rovia Page 3
enter onto the Fairmount Cemetery to install the improvements referred to
herein. Monrovia agrees to defend, indemnify and hold Fairmount harmless
from any liability, cost, expense, losses, actions, and expenses, including
attorneys' fees, occurring during the installation of the fencing and
landscaping referred to herein.
8. Satisfaction of Mitigation Measures and Conditions of Approval,
In connection with the approval of the land use entitlements for the Rosedale
Project, mitigation measures (3 of the Land Use Compatibility Measures and
16 of the Cultural Resource Measures) and conditions of approval Numbers
69, 70, 71 were imposed. Fairmount agrees, represents and warrants that this
Agreement and Monrovia's compliance with its responsibilities hereunder will
satisfy fully such mitigation measures and conditions.
9. Cooperation.
The Parties agree to cooperate in good faith with each other in furthering the
purposes of this Agreement. The Parties hereby agree to take such other
actions and execute such other reasonable documents as are consistent with
this Agreement and as are reasonably necessary to effectuate this Agreement.
10. Entire Agreement.
This Agreement contains the final and complete agreement between the
Parties with respect to the matters herein discussed and, supersedes all
previous communications and agreements between them, either oral 'or
written, to the extent such prior communications and agreements are
inconsistent with this Agreement.
11. No Agency.
Each Party acknowledges that it is not the agent or fiduciary of the other.
12. Successors in Interest,
This Agreement shall be binding upon Monrovia and any assignees and/or
successors in interest of Monrovia.
13. Notices.
All notices, demands or other communications (collectively, "Notices")
required or allowed by this Agreement shall be in writing and shall be
considered given: (i) when delivered in person to the recipient named below;
or (ii) two (2) business days after deposit in the United States mail, postage
prepaid, addressed to the recipient named below. All Notices shall be
addressed as follows:
Attn:
If to the Fairmount: Attn: Mrs. Julie C. Pielaat
Ms. Sylvia Shorey Barton T'u'• James Cook
Ms. Elizabeth Shorey 557 N. Glendora Ave.
124 Oak Forest Circle Glendora, Ca. 91741
Glendora, CA 91741
Agreement Regarding Ce ery Improvements/Fairmount/N,*Ovia Page 4
If to the Monrovia:: Attn: Chairman/CEO
Monrovia Nursery Company
P.O. Box 1385
Azusa, CA 91702=1385
Either Party may, by notice given at any time, require subsequent Notices to
be given to another person or entity, whether a Party or an officer or
representative of a Party, or to a different address, or both. Notices given
before actual receipt of Notice of change shall not be invalidated by the
change. .
14. Governinq Law.
This Agreement and its provisions shall in all respects be interpreted,
construed, enforced and governed by and under the laws of the State of
California, without regard to its conflict of laws principles.
15. Consent to Jurisdiction. Venue and Service.
Any action or proceeding brought respecting this Agreement shall be
instituted and maintained in the appropriate court in the County of Los
Angeles, California. Each Party hereby irrevocably consents to the personal
jurisdiction of the court. Service of process may be made in any manner
provided by law.
16. Modification.
This Agreement may be modified only by another written instrument duly
authorized and executed by both the Fairmount and the Monrovia.
17. Severability.
The provisions of this Agreement are specifically made severable. If any
clause, provision, rights and/or remedy provided for herein is unlawful or
unenforceable, the remainder of this Agreement shall remain in effect and be
enforced as if such clause, provision, right and/or remedy were not contained
herein.
18. Rules of Construction.
The language in all parts of this Agreement shall in all cases be construed as a
whole according to its fair meaning, and not strictly for or against, either the
Fairmount or Monrovia. Section headings in this Agreement are for
convenience only and are not to be considered as a part of this Agreement or
in any way limiting or amplifying the provisions hereof. All provisions and
any variations thereof shall be deemed to refer to the masculine, feminine,
neuter, singular or plural, as the identification of the person or persons; firm
or firms, corporation or corporations may require. This Agreement is the
product of mutual negotiation and drafting' efforts. Accordingly, the judicial
rule of construction that ambiguities in a document are to be construed
against the drafter of that document shall have no application to the
interpretation or enforcement of this Agreement. In any action or proceeding
to interpret or enforce this Agreement, the finder of fact may refer to such
Agreement Regarding Ceoery Improvements/Fairmount/N•rbvia Page 5
extrinsic evidence not directly in conflict with the express terms hereof to
ascertain and give effect to the intent of the parties to this Agreement.
19. Execution.
This Agreement may be executed in one or more counterparts, each of which
shall be an original and all such counterparts together shall constitute the
entire agreement of the parties hereto.
20. Authorization.
Each individual executing this Agreement hereby represents and warrants
that he or she has the full power and authority to execute this Agreement on
behalf of the named parties.
IN WITNESS, WHEREOF, Monrovia and Fairmount have executed this Agreement as
to the date first written above.
FAIRMOUNT CEMETERY MONROVIA NURSERY COMPANY
a California Trust a California corporation
Its ybstee Its:
FAIRMOUNT CEMETERY
a California Trust
BXtsTrustee
JMM:cjg\G64-Cemetery.doc
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..............._._.
EXHIBIT Q
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EXHIM -
EXHIBIT "I" TO ROSEDALE DEVELOPMENT AGREEMENT
SATISFACTION OF CONDITIONS OF APPROVAL AGREEMENT
[Attached behind this page]
-RVPUB\SRC\56291
AGREEMENT RE SATISFACTION OF CONDITIONS OF APPROVAL
1. In satisfaction of Mitigation Measure No. 6, the Owner may donate the
Millstone to any recognized non-profit organization having its headquarters in the City of
Azusa or to the City of Azusa. If the City of Azusa or a non-profit organization as described
above does not accept the Millstone, or does not have the financial resources to maintain a
public display of the Millstone, then the Owner shall have the right to donate the Millstone to
the Raymond Alf Museum at the Webb School in the City of Claremont or other location
reasonably acceptable to the City where the Millstone will be publicly displayed.
2. In satisfaction of Condition No. 45, the Owner shall develop a re-use plan for
that portion of Palm Drive located south of the existing railroad tracks subject to the following
conditions:
• An easement must be reserved to provide access to the existing Sierra
Palms Townhouse development located east of Palm Drive.
• The Owner shall, in its sole discretion, determine how the re-use plan
will be implemented, provided that the plan shall be presented to and
approved by the City prior to the City's approval of the Project's first
tentative tract map, other than vesting Tentative Tract Map. No. 52263.
• The Owner shall have the right to retain an easement for underground
utilities within any portion of Palm Drive.
• The City shall be reasonable in its review and approval of the thematic
plan for linking elements listed in Condition No. 45 in recognition that
the consent of owners of property adjacent to the Owner's property may
be needed to implement a thematic plan. Owner shall be released from
the thematic plan requirements as to any adjacent property the owner of
which refuses to reasonably participate.
• The Owner shall not be required to pay for providing pedestrian linkage
under, over or across the MTA railroad tracks from Palm Drive to the
areas north of the MTA railroad property.
• To the extent that a re-use plan for Palm Drive involves the donation of
property by the Owner to the City, the City shall accept fee title to such
property and shall be solely responsible for the maintenance of such
property.
• The Owner shall not be responsible for maintaining the gate structure
identified in Condition No. 45, unless the Owner elects in the re-use
plan for Palm Drive to retain ownership of the gate structure.
RVPUB\SRC\56291
UHIBIT I
3. The City and the Owner acknowledge and agree that Condition No. 49 has been
completely satisfied as of January 20, 1999.
4. In satisfaction of Condition No. 109, the City of Azusa shall not unreasonably
withhold its approval of a public entity or private organization to receive the dedication of the
open space area notch of Sierra Madre Avenue, provided that such entity or organization has
the resources to maintain the open space.
5. In satisfying Condition No. 124,.the City acknowledges that satisfaction of this
condition does not preclude the use of community facilities districts, special assessment
districts or other alternative financing mechanisms which are provided for in Article 6 of the
Development Agreement.
6. In satisfaction of the Mitigation Measure No. 8 for.water resources, the City
acknowledges that a new pipeline must be located underground within the City's existing
utility easement, public road right of way, or other City easement/property, in a general
location that is west of the existing Rosedale property boundaries. City agrees not to contest
the possible construction of such a pipeline within Dalton Avenue leading south from Sierra
Madre and then within the area of 10th Street east of Dalton Avenue to the Rosedale boundary .
line. The City acknowledges that the construction of such pipeline will involve the removal
and replacement of existing utility improvements within the streets and most certainly result in
the temporary disruption of some utilities during the construction phase. The Owner
acknowledges that the City's Engineer shall approve all engineering plans, scheduled
disruption of utility service and proposed measures to mitigate impacts on the City's residents,
which measures shall be similar to measures used by the City for public projects.
7. Section 5.6 of the Development Agreement provides for the payment by Owner
to City of One Million Dollars ($1,000,000) in lieu of constructing transportation/circulation
improvements. City and Owner agree that the aforementioned One Million Dollars
($1,000,000) shall increase at the rate of four percent (4%) per annum, compounded quarterly,
commencing on the Effective Date of the Development Agreement. Such amount, plus
interest, shall be referred to as the "Traffic Mitigation Amount."
City and Owner agree that the payment of the Traffic Mitigation Amount shall
fully satisfy Owner's obligations with respect to all mitigation measures and conditions of
approval for the Rosedale project relating to traffic/circulation, as more particularly described
in Attachment 1 hereto, excepting the hard demolition/improvement costs of Rail Crossing
Road closures, any non-environmental review studies in connection with the Rail Crossing
Road closures, and any cost of compliance on behalf of the Rosedale project with.the County
of Los Angeles Congestion Management Plan.
Subject to the limitations set forth below, the Traffic Mitigation Amount shall
be paid in increments by Owner to City within thirty (30) days of City's delivery to Owner of
a written request identifying the traffic improvements and/or studies to be funded and the
amount required therefor. In no event, however, shall Owner be obligated to pay (i) any
amount for hard traffic construction improvements prior to issuance of the first certificate of
RVPUB\SRC\56291
FXHIBITI
occupancy for the Rosedale project, although Owner shall be obligated to pay for traffic
studies prior to the issuance of the first certificate of occupancy for the Rosedale project, (ii)
more than one-third (1/3) of the traffic mitigation amount prior to the issuance of a first
certificate of occupancy of the second phase of the Rosedale project, or (iii) more than two-
thirds (2/3) of the Traffic Mitigation Amount prior to the issuance of the first certificate of
occupancy of the third phase of the Rosedale project. Additionally, City shall not make any
demand for payment of any portion of the Traffic Mitigation Amount, unless the work or
services to be paid for are the subject of a written contract between City and a third party.
Upon delivery by Owner to City of satisfactory evidence of its installation of
any hard traffic construction improvements identified in Attachment 1 and the payment of the
cost thereof by Owner, such cost shall be deducted from Owner's obligation to pay the Traffic
Mitigation Amount.
In the event that the entire Traffic Mitigation Amount has not been expended or
committed for expenditure by evidence of an existing contract prior to that date which is one
(1) year from the termination or expiration of the Development Agreement, Owner, shall have
no further obligation to pay the remainder of the Traffic Mitigation Amount, and any amounts
previously paid but not committed or expended by City within one (1) year from the expiration .
or termination of the Development Agreement shall be refunded (without interest) to Owner.
Any amounts committed, but not actually expended, within two (2) years from the expiration
or termination of the Development Agreement shall likewise be refunded (without interest) to
Owner.
RVPUB\SRC\56291 _ [EXHIBIT r'
ATTACHMENT NO. 1 TO
SATISFACTION OF CONDITIONS OF APPROVAL AGREEMENT
TRAFFIC PROJECT INCLUDED WITHIN THE
$1,000,000 FUND
Hardscape Improvements: Azusa Avenue/Arrow Highway, Yes
Citrus Avenue/Alosta Avenue, Citrus Avenue/Baseline
Avenue, Citrus Avenue/210 ramps, Barranca Avenue/Alosta "
Avenue, Barranca Avenue/Sierra Madre Avenue, Azusa
Avenue/9th Street, Foothill Boulevard/Citrus Avenue (new
intersection), 9th Street-traffic calming & before/after
studies, Grand/Baseline
OR
TCS for Azusa Avenue, Citrus Avenue, possibly Foothill
Boulevard
Citrus Avenue Corridor Study/Mitigation Yes
Irwindale Avenue/I-210 ramps Study/Mitigation Yes
Todd Avenue/Foothill Boulevard Study/Mitigation Yes .
Rail Crossing/Road Closure/Study Implementation No
Periodic Traffic Studies to determine how and when Yes
recommended traffic controls (signals/stop signs) should be
installed and to determine if other traffic control devices are
needed both on and offsite.
CMP Compliance No
RVPUB\SRC\56291 EXHIBIT
EXHIBIT "J" TO ROSEDALE DEVELOPMENT AGREEMENT
FORM OF ANNUAL MONITORING PLAN
[Attached behind this page]
RVPU9\SRC\56291
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EXHIBIT "K" TO ROSEDALE DEVELOPMENT AGREEMENT
SUPPLEMENTAL FISCAL IMPACT FEE IMPLEMENTATION AGREEMENT
[Attached behind this page]
RVPUB\SRC\56291
SUPPLEMENTAL FISCAL IMPACT FEE
EAPLEMENTATION AGREEMENT .
(ROSEDALE PROJECT)
between
THE CITY OF AZUSA
a California municipal corporation
and
MONROVIA NURSERY COMPANY
a California corporation
[Dated as of February 26, 1999 for reference purposes only]
EXHIBIT K
RVPUB\SRC\56291
ARTICLE 1. PARTIES AND EFFECTIVE DATE.
This "Supplemental Fiscal Impact Fee Implementation Agreement (Rosedale Project)"
("Agreement") is dated as of February 26, 1999, for reference purposes only, and is entered into
between(i)The City of Azusa("City"), a California municipal corporation, and (ii)Monrovia Nursery
Company ("Owner"), a California corporation, its permitted successors and assigns.
This Agreement shall not become effective until the date ("Effective Date") on which this
Agreement has been executed by the appropriate authorities of the City and the Owner.
ARTICLE 2. RECITALS.
2.1 Owner owns certain real property located within the City of Azusa and County of Los
Angeles, State of California ("Property")-
2.2
"Property").2.2 Owner proposes to develop the Property as a.single family residential.development
project ("Project") in accordance with that certain "Rosedale Development Agreement".
("Development Agreement")between the City and the Owner, approved by the City on January 20,
1999.
2.3 Keyser Marston Associates, Inc. ("KMA") prepared that certain report relating to the
Project entitled"Mitigation Analysis" ("Analysis") dated October 28, 1998. A copy of the Analysis
is attached as Exhibit A. The Analysis concluded that the net negative fiscal impact upon the City
from the Project(assuming 1,696 residential units constructed) was the sum of Four Hundred Fifty-
One Thousand Dollars ($451,000). Consequently, the Owner is required, pursuant to Condition of
Approval No. 66 of the Project, to pay the sum of$451,000 to the City as an"Initial Fiscal Impact
Fee."
2.4 In addition to the Analysis, KMA prepared an ancillary report which concluded that
the net negative fiscal impact to the City would increase if the actual parameters of the Project at
build out were different than the Analysis' assumed parameters. To minimize the risk that the City
would ultimately have to bear net negative fiscal impacts as a result of the Project, the City required
RVPUB\SRC\56291 _ -1 [y1JIpIT ;
the Owner, in addition to paying the Initial Fiscal Impact Fee and satisfying other conditions of
approval, to agree to pay an additional amount in the event that the actual negative fiscal impacts of
the Project are higher than the projections set forth in the Analysis. As hereinafter particularly
described, and as required by Section 5.2.2 of the Development Agreement and Condition No. 67 of
the Project's Conditions of Approval, the Owner is obligated to pay (up to a maximum amount
hereinafter described) to the City the difference ("Supplemental Fiscal Impact Fee") between the
amount (if any) of the actual net negative fiscal impacts upon the City generated by the Project (as
calculated at build out)and the projections set forth in the Analysis. The amount of the Supplemental
Fiscal Impact Fee (if any) shall be calculated in accordance with the terms and provisions of this
Agreement. The Development Agreement also requires the Owner to post a letter of credit to secure
the Owner's obligation to pay any Supplemental Fiscal Impact Fee which may become due.
2.5 The Owner's Maximum Supplemental Fiscal Impact Fee obligation was established
at One Million Six Hundred Thousand Dollars ($1,600,000), increasing at the rate of four percent
(4%) per year, commencing on the "Occupancy Date" (hereinafter defined) and again on each
subsequent anniversary of the Occupancy Date occurring prior to the "Build Out Date" (hereinafter
defined). Table 1 below establishes the Maximum Supplemental Fiscal Impact Fee for each
"Agreement Year" (hereinafter defined).
TABLE 1
AGREEMENT YEAR OWNER'S MAXIMUM SUPPLEMENTAL
FISCAL IMPACT FEE OBLIGATION
1 $1,600,000
2 $1,664,000
3 $1,730,560
4 $1,799,782
.5 $1,871,774
6 $1,946,645
7 $2,024,510
RVPUB\SRC\56291 -2-
�XHIBIT.� '.
ARTICLE 3. TERMS.
3.1 Purpose of this Agreement. This Agreement is entered into, between the City and
the Owner in accordance with Section 5.2.2 of the Development Agreement and the performance of
the Owner's obligations under this Agreement shall satisfy the Owner's obligations under Section
5.2.2 of the Development Agreement and Condition No. 67 of the Project's Conditions of Approval.
3.2 Definitions and Calculation of Supplemental Fiscal Impact Fee. As used in this
Section 3.2 and Exhibit B, the following terms shall have the following meanings:
3.2.1 Definitions
(i) "Actual Number of Units" or"ANU" means the number of units in the Project
for which a certificate of occupancy has been issued by the City on or before
the Build Out Date.
(ii) "Agreement Year" means a contiguous period of three hundred sixty-five
(365) days, commencing on the date ("Occupancy Date") that the first
certificate of occupancy is issued for a residential unit in the Project and
renewing on each anniversary thereafter.
(iii) "Assumed Cost per Resident" means the amount in Column B of Table 1 of
Exhibit , corresponding to the Agreement Year in which the Build Out Date
occurs.
(iv) "Average Number of Residents Per Unit" or "ANR" means the average
number of residents per single family detached residential unit within the
Project, as reported by the federal government following the Year 2010
Census, determined for the Agreement Year in which the Build Out Date
occurs. If the Year 2010 Census data is not available as of the Calculation
RVPUB\SRC\56291 -4 IBIT.�
Date, the parties may contract for a private census at Owner's cost and
expense.
(v) "Average Per Capita Subvention Revenues" means the total amount of
subvention revenues, including, without implied limitation, motor vehicle
taxes and gasoline taxes, received by the City in the.year between the Build .
Out Date and the Calculation Date, divided by the population of the City in
the year between the Build Out Date and the Calculation Date, as established
by the State of California. .
(vi) `Build Out Date" means the date on which the City receives Owner's written
notice that the Project is at full build out, or alternately, that Owner and its
successors have decided not to build any more units within the Project;
provided, however, that the Owner may not declare a Build Out Date prior to
the tenth (10th) Agreement Year, or any later than the twentieth (20th)
Agreement Year. If Project build out occurs prior to the beginning of the
tenth Agreement Year, the Supplemental Fiscal Impact Fee (if any) will be
calculated as if the Build Out Date occurred on the first day of the tenth
(10th)Agreement Year. Conversely, if the Build Out Date has not occurred
prior to the end of the twentieth Agreement Year, the Supplemental Fiscal
Impact Fee (if any) shall be calculated as if the Build Out Date occurred on
the last day of the twentieth (20th) Agreement Year.
(vii) "Calculation Date" means the date which is one (1) year following the Build
Out Date. .
(viii) "Police Cost Per Resident" means the amount in Column A of Table 1 of
Exhibit B, corresponding to the Agreement Year in which the Build Out Date
occurs.
RVRUB\SRC\56291 _ -5- I[MBITS `�
(ix) "Property Tax Revenues" means the City's share of all property tax revenues
attributable to all assessor's parcels located within the Project received by the
City in the year between the Build Out Date and the Calculation Date.
(x) "Supplemental Fiscal Impact Fee"means the lesser of: (a)the amount (if any)
identified on line 4.A of Exhibit B following calculation of the Supplemental
Fiscal Impact Fee, or(b)the Owner's Maximum Supplemental Fiscal Impact
Fee obligation determined as of the Agreement Year in which the Build Out
Date occurs as set forth in Table 1 of this Agreement.
The City shall not be obligated to refund to Owner any or all of the Initial Fiscal Impact Fee
or to pay any positive fiscal impacts if it is determined that the Project's actual negative fiscal impacts
were less than the Initial Fiscal Impact Fee or if it is determined that the Project generated positive
fiscal impacts (i.e., revenue) for the City.
3.2.2 Calculation of Supplemental Fiscal Impact Fee. The Owner's Supplemental
Fiscal Impact Fee obligation (if any) shall be determined in accordance with the Re-Evaluation
Worksheet attached as Exhibit B and Attachment 1 thereto. Initially capitalized terms used in the Re-
Evaluation Worksheet shall have the meanings given to such terms in Section 3.2.1 above.
For illustration purposes only, Attachments 2, 3, and 4 to Exhibit B depict a series of
hypothetical calculations of Supplemental Fiscal Impact Fee obligations, based upon differing Build
Out Dates, ANRs, property tax receipts, and other parameters.
3.3 Owner to Post Letter of Credit as Security for Payment of Supplemental Fiscal
Impact Fee. For purposes of this Section 3.3, the following terms shall have the following
definitions:
(i) "LC Face Amount" means an amount equal to the Maximum Supplemental
Fiscal Impact Fee(as per Table 1), for any Agreement Year during which the
Original or Replacement Letter of Credit will be effective.
RVPUB\SRC\56291 -6-
EXHIBIT `,`
(ii) "UC Effective Period" means the period of time commencing on the
Occupancy Date and ending on the later of(a) the Developer's payment of
any Supplemental Fiscal Impact Fee which may be determined to be payable,
or (b) the date that it is determined that no Supplemental Fiscal Impact Fee
is payable. The Owner shall maintain the Original Letter of Credit or a
Replacement Letter of Credit meeting the requirements of this Section 3.3
during the entire L/C Effective Period.
(iii) "Original Letter of Credit" means an irrevocable standby letter of credit issued
by a nationally chartered bank with a financial rating reasonably acceptable to
the City, naming the City as the sole beneficiary thereof. The issuing bank
shall have a branch within fifty (50) miles of the City where draws may be
made. The Original Letter of Credit must provide for a single draw, without
prior notice to or approval by the Owner, it must be payable upon sight draft
signed by the City Manager, it must conform to International Chamber of
Commerce ("ICC") Publication No; 500 (Rev! 1/1/93) or successor
Publication, and it must have a term of no less than one(1) year from the date
of issuance. The Original Letter of Credit shall bear an L/C Face Amount as
follows: (a) If the effective period of the Original Letter of Credit is for one
(1)year, it shall bear an UC Face amount equal to $1.6 million dollars; or(b)
if the effective period of the Original Letter of Credit is more than one (1)
year, it shall bear an L/C Face Amount no less than the highest Maximum
Supplemental Fiscal Impact Fee (as per Table 1) for any Agreement Year
during which the Original Letter of Credit will be effective. The Original
Letter of Credit shall be delivered to the City as a condition to the issuance of
the first certificate of occupancy for a residential unit in the Project.
(iv) "Replacement Letter of Credit" means any renewal or replacement of the
Original Letter of Credit. The term "Replacement Letter of Credit" also
includes any renewals or replacements of a Replacement Letter of Credit.
Any Replacement Letter of Credit shall meet the same requirements as the
RVPUB\SRC\56291 -7- k
EXHIBIT k
Original Letter of Credit, except that any Replacement Letter of Credit shall
bear an L/C Face Amount no less than the highest Maximum Supplemental
Fiscal Impact Fee(as per Table 1) for any Agreement Year during which the
Replacement Letter of Credit will be effective.
The Original Letter of Credit and any Replacement Letter of Credit shall secure the Owner's
obligations to pay any Supplemental Fiscal Impact Fee determined by either mutual agreement of the
parties or by arbitration award to be due.
The Original Letter of Credit and/or any Replacement Letter of Credit shall be surrendered
to the Owner within thirty (30) days following the Owner's payment of any Supplemental Fiscal
Impact Fee determined to be due, or upon the determination that no Supplemental Fiscal Impact Fee
is due.
The Owner's obligation to pay any Supplemental Fiscal Impact Fee which may be determined
to be due is a continuing, personal obligation of the Owner and its permitted successors and assigns,
which obligation the City may enforce either through draws upon the Original or any Replacement
Letters of Credit as provided in this Section 3.3, or through an independent legal action or proceeding
brought to recover the same. The termination or expiration of the Original or any Replacement Letter
of Credit shall not discharge the Owner from, or be deemed the City's waiver of, the Owner's
obligation to pay to the City any Supplemental Fiscal Impact Fee determined to be due.
No less than sixty (60) days prior to the expiration date of the Original or any Replacement
Letter of Credit, the Owner shall take whatever steps are necessary and required by the issuing bank
to cause the issuance of a Replacement Letter of Credit, which Replacement Letter of Credit must
meet the requirements of this Section 3.3. The failure of the Owner to tender to the City a
Replacement Letter of Credit meeting all the requirements of this Section 3.3 within fifteen(15) days
prior to the expiration of the Original or any prior Replacement Letter of Credit, and without regard
to the default, fault or lack thereof of the Owner, shall entitle the City, without notice to or consent
by the Owner, to draw upon the then-current Original or Replacement Letter of Credit in the full L/C
Face Amount of such then-current Original or Replacement Letter of Credit.
3.4 Mandatory Binding Arbitration. For a period of thirty (30) days from the
Calculation Date, the City and the Owner shall meet to negotiate in good faith the determination of
RVPU9\SRC\56291 -$-
EXHIBIT
the amount of the Supplemental Fiscal Impact Fee, if any. If the parties are able to agree on the
amount of the Supplemental Fiscal Impact Fee (if any) within thirty (30) days from the Calculation
Date, the parties shall commit such agreement to writing and the Owner shall pay such agreed-upon
Supplemental Fiscal Impact Fee within fifteen (15) days from the date of its determination.
If the parties are unable to agree on the amount of the Supplemental Fiscal Impact Fee within
thirty (30) days from the Calculation Date, the matter shall be submitted to binding arbitration as
provided below.
Any provision in the Development Agreement to the contrary notwithstanding, any dispute
between the City and the Owner as to the existence or the amount of the Owner's Supplemental
Fiscal Impact Fee obligation shall be submitted to and determined by binding arbitration before a
retired judge employed by the Judicial Arbitration and Mediation Service ("JAMS"), or other private
arbitration service reasonably acceptable to both the City and the Owner. The retired judge selected
to arbitrate the dispute shall be mutually acceptable to the City and the Owner in their reasonable
discretion, and shall have substantial professional and judicial experience in the hearing and resolving
of complex contract and business matters. The initial costs of the arbitration shall be bome equally
by the City and the Owner; provided, however, that the arbitrator may determine a prevailing party
(in accordance with Code of Civil Procedure Section 1032) and order the non-prevailing party to pay
the prevailing party its costs of arbitration, including reasonable attorneys' fees and costs associated
with the arbitration. The arbitrator's award may be entered in any court having jurisdiction thereover.
Arbitration proceedings shall be held in Los Angeles County and shall be subject to the
provisions of Title 9 of Part 3 of the California Code of Civil Procedure (commencing with Section
1280, d 5gQ.) Pursuant to Code of Civil Procedure Section 1283.1(b), the parties hereby incorporate
the deposition and discovery procedures set forth in Code of Civil Procedure Section 1283.05.
The City and the Owner agree that the calculation of any Supplemental Fiscal Impact Fee shall .
be determined using the same methodology as was used in the calculation of the Initial Fiscal Impact
Fee, as set forth in the Analysis, a copy which is attached as Exhibit
3.5 Effect on Development Agreement. Except as may be expressly set forth otherwise
herein, the terms and conditions of the Development Agreement remain in full force and effect;
provided, however, that the Owner shall not be deemed to be in breach of the Development
Agreement during such time as the Owner and the City are attempting in good faith to negotiate the
RVPUB\SRC\56291 -9-
,EXHIBIT � . -
existence and/or amount of any Supplemental Fiscal Impact Fee payable, or during the pendency of
any arbitration proceeding brought pursuant to Section 3.4.
3.6 Assignment Only With City's Consent. The Owner may not transfer or assign,
voluntarily or involuntarily, its rights and/or obligations under this Agreement without the City's prior
written consent, which may be given or withheld in the City's reasonable discretion; provided,
however,that Owner may assign the entirety of its rights and obligations without the City's consent
to an "Owner Affiliate," as such term is defined in the Development Agreement. Any such
assignment shall be of the entirety of the Owner's rights and obligations hereunder to a single person
or entity; the Owner may not partially assign its rights and obligations, nor may it assign its
obligations without concurrently assigning its rights (and vice versa).
Any permitted assignee or transferee of the Owner's rights and obligations hereunder shall
be required to execute an assignment and assumption agreement in form and substance reasonably
acceptable to the City. As a condition to the effectiveness of such assignment, the assignee or
transferee shall post a letter of credit meeting all of the same requirements as the letter of credit
posted by the Owner for the year of the L/C Effective Period in which the assignment or transfer
occurs.
3.7 Notices. Notices allowed or required under this Agreement shall.be given as provided
in Section 3.11 of the Development Agreement.
[Signatures on following pages]
RVPUB\SRC\56291 -10-
,EXHIBIT �\
CITY OF AZUSA
a California municipal corporation
B :
y
ck Cole
City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST &KRIEGER LLP
By: � C�
City Attorney
RVPUB\SRC\56291
!EXHIBITi'�
MONROVIA NURSERY COMPANY
a California corporation
By:
Its:
By:
Its:
RVPOB\SRC\56291 -12-
OMIT,'VM`T' ; ,
EX MIT A TO
SUPPLEMENTAL FISCAL IMPACT FEE
IMPLEMENTATION AGREEMENT
(ROSEDALE PROJECT)
KEYSER MARSTON ASSOCIATES ANALYSIS
[Attached behind this page]
RVPUB\SRC\56291 A-1
° ttSC4k tlm�a.cr(rrll n yt.�rr
KEYSER MA RSTON Assoc I '[_ES 1 • AmsoRsim. `1
REAL ESTATE
500 SOUTH GRAND AVENUE,SUITE 1480 _, _ _ REDEVELOPMENT
LOS ANGELES,CALIFORNIA 90071 AFFORDABLE HOUSINGECONOMIC DEVELOPMENT
PHONE:213/622-8095 r.:' ^^- -n
FAX: 213/622-5204, ' ' ` ••' '- -I FISCAL IMPACT
E-MAIL: kmala®kmainc.com INFRASTRUCTURE FINANCE
WEB SITE: http://www.kmainc.com VALUATION AND
.._ . . ,. . , ._.. i LITIGATION SUPPORT
Los ANcELEs
-CALVIN E.HOLLLS,II
KATHLEEN H.HEAD
JAMES A.RABE
MEMORANDUM SAN DtEco
_ GEMLD M.TRIMBLE
ROBERT J.WETMORE
PAUL C.MARRA
SAN FRANCISCO
A.JERRY KEYSER
TO: Mr. Roy Bruckner, TIMOTHY C.KELLY
- KATE EARIE FUNK
Director of Community Development DENISE E.CONLEY
City of Azusa DEBBIE M.KERN
MARTHA N.PACKARD
FROM: Keyser Marston Associates, Inc.
SUBJECT: Rosedale Residential Community:
Fiscal Impact Mitigation Measures
DATE: October 28, 1998
In a report dated August 19, 1998, Keyser Marston Associates, Inc. (KMA) presented
the results of the Fiscal Impact Analysis prepared for the Rosedale residential
community (Rosedale).' The Fiscal Impact Analysis focused solely on the on-going
municipal costs anticipated to be generated by Rosedale, which were presented on
three different levels. These levels can be described as follows:
1. The municipal costs to be incurred annually through Rosedale's phased build-
out;
2. The annual municipal costs to be incurred upon full build-out were estimated in
nominal dollars, and then discounted back to 1998 dollars, and;
A mathematical error was identified in the July 7, 1998 report. This error was corrected in the final
report,which was submitted on August 19, 1998.
jXHIBIT A
Page 2 •
3. The present value of the net municipal costs to be incurred after full build-out,
based on the assumption that these costs will be incurred in perpetuity, and that
the costs will be subject to inflationary increases over time.
It is the City of Azusa's stated policy that Rosedale will be required to mitigate any
municipal costs generated by the development. Therefore, as the final step in the
financial analysis process, the following report recommends a mitigation structure for
the City to impose on.the Monrovia Nursery Company and Lewis Homes of California
(collectively referred to as the Developer) to eliminate the municipal financial burden
created by Rosedale. It is also important to note that KMA has assumed that the
recommended mitigation plan would be imposed on any entity that succeeds the
Developer's interest in the property.
NET MUNICIPAL COSTS
The Fiscal Impact Analysis concluded that Rosedale would begin generating net
municipal costs commencing after the first phase of residential construction is
completed. These costs were projected to increase annually for the first ten years as a
reflection of the phased building schedule. Thereafter, the municipal costs were
projected to increase at the projected average inflation.rate of 3% annually. Assuming
the municipal costs will be incurred in perpetuity, the Fiscal Impact Analysis projected
that the following net costs would be incurred by the City of Azusa (City)Z:
Year 1 —First Phase Opens ($45,000)
Year 2 (81,000)
Year 3 (117,000)
Year 4 (169,000)
Year 5 (253,000)
Year 6 (312,000)
Year 7 (364,000)
Year 8 (417,000)
Year 9 (506,000)
Year 10 636,000
When the costs presented in the table above are discounted back to the
commencement of construction, two years before the first development phase opens,
the present values of the net municipal costs are:
Z KMA submitted a letter to the City dated September 1, 1998, which decreased the estimated utility
user's tax exemptions cost to 10% of the Rosedale population. The results of this modification are
incorporated into the projection presented in the table.
KEYSER MARSTON ASSOCIATES I N C.
EXHIBIT A
Page 3 • •
NPV: Years 1-10 ($1,443,000)
NPV: Year 10+3 5,052,000
MPV Net City Cost $6,495,000
It is important to recall that the Fiscal Impact Analysis estimated the present value of the
net City costs at $5.9 million. The correlation between the $5.9 million estimate and the
$6.5 million estimate presented above can be explained as follows:
1. The $5.9 million projection of net City costs presented in the Fiscal Impact
Analysis is based on the following assumptions:
a. The projection was limited to the on-going municipal costs projected to be
incurred after Rosedale reaches stabilization. The analysis did not
quantify the net present value of the net municipal costs to be generated
by the Rosedale residents throughout the ten-year build-out period.
b. The net City costs were projected to increase at an average inflation rate .
of 3% annually in perpetuity.
C. An 8% discount rate was applied throughout the analysis.
d. The present value of the costs to be incurred in perpetuity was calculated
by dividing the stabilized net City costs by the 8% discount rate minus the
3% average annual inflation rate. This results in a present value of $1.2.7
million at the end of the Rosedale build-out period.
e. The Fiscal Impact Analysis then discounted the $12.7 million estimate
back to the completion of the first. Rosedale development phase (10
years). The resulting present value of the net City costs was estimated at.
$5.9 million.
2. The $6.5 million estimate of net City costs presented in the table above is based
on the following additional assumptions:
a. The net cost to be incurred by the City during the Rosedale build-out
period have been included as costs that must be mitigated. As shown
above, the net costs to be incurred during the Rosedale build-out period
have a projected present value of$1.4 million.
3 The perpetuity is discounted to present value by dividing the stabilized cost by the discount rate (8%)
minus the inflation rate (3%), and then discounting the value back to the commencement of construction.
KEYS ER MARSTON AS S O C I A T E S I N C.
EXHIBIT A
Page 4
b. The stabilized net City costs have been discounted back to present value
using the same methodology as was applied in the Fiscal Impact Analysis.
However, for the purposes of this mitigation analysis, these costs have
been discounted back to the commencement of Rosedale construction.
This has the impact of reducing the net present value of these costs from
$5.9 million to $5.1 million.
KMA has used the $6.5 million net cost projection in creating a recommended mitigation
measures package, for the following reasons:
1. The established policy is that the City will not bear any net municipal costs as a
result of the Rosedale development. Thus, the Developer or the Rosedale
residents must be required to fund any net municipal costs generated as each
development phase is completed through full build-out.
2. The Developer is being required to implement the identified mitigation measures
before construction commences on -the Rosedale development. Thus, it is
appropriate to discount the City costs to be incurred in perpetuity back to the
commencement of construction.
MITIGATION MEASURES
As a result of City Council, City Staff and public input, the Developer has recently
agreed to reduce Rosedale's size from 1,759 units to 1,696 units. This reduction in the
total unit count has been factored into the Fiscal Impact Analysis used as the basis for
creating recommended mitigation measures.
The remaining net municipal costs can be funded using the following sources:
1. An assessment district can be formed. Initially, the annual district payments
would be the Developer's responsibility, but as the homes are sold, the obligation
would transfer to the Rosedale residents.
2. The Developer can be required to make cash payment(s) to the City.
The various cost components have materially different characteristics. Certain
components lend themselves to assessment district financing, while other costs are
typically funded in alternative ways. After reviewing the various City costs, KMA
analyzed the implications of funding both the road/street maintenance costs and the
maintenance of the 14.4 acre formal park through an assessment district. However, it
should be noted that the future Rosedale residents would have the right to repeal the
assessment district obligation. To eliminate any City cost exposure, the City Attorney
K EYS ER MA RSTO N A S SOC I AT ES INC.
EXHIBIT A
Page 5 •
has recommended that the Rosedale Development Agreement include a provision
transferring the obligation to a master Rosedale Home Owners Association (Master
HOA) if the assessment district is repealed by the residents at some point in the future.
It is further recommended that the City require the balance of the net municipal costs to
be funded directly by the Developer. At the City's discretion, the Developer can be
required to make the cash payment at one of the following points:
1. The entire payment prior to the start of construction of the first development
phase;
2. The entire payment upon the completion of the first development phase, or;
3. Partial payments upon the completion of each development phase.
The following sections of this report estimate the street, the road and the park.
maintenance costs that could potentially be funded with an assessment district. These
costs are then deducted from the $6.5 million in projected net municipal costs to,
determine the amount of the direct cash contribution that the Developer should be
required to make to the City. This amount is estimated for each of the three payment
schedules identified above.
Street and Road Maintenance
The KMA Fiscal Impact Analysis incudes projections of the on-going street operation
and maintenance costs related to 15.1 acres of proposed public streets. Subsequently,
the Developer reallocated 9.8 acres of private street area into the public street category.
Thus, it is currently anticipated that 24.9 acres of public streets will be dedicated to the
City. As currently proposed, the maintenance costs for these streets would be borne by
the City Public Works Department.
KMA recommends that the street maintenance costs obligation be transferred to an
assessment district, backed up by a Master HOA, for the following reasons:
1. The Fiscal Impact Analysis results indicate that the street maintenance costs for
15.1 acres of public streets represent nearly 12% of the on-going municipal costs
to be generated by Rosedale. This amount increases to 17% of the on-going
costs if 24.9 acres of public streets are included in the estimate.
2. Street maintenance costs can be financed at a tax exempt rate. This will
minimize the amount of the annual district payments to be paid by the Rosedale
residents.
KEYSER MARSTON ASSOCIATES I N C.
EXHIBIT A
Page 6 • •
3. At Rosedale's discretion, the maintenance of the private streets located within
the project could also potentially be included in the assessment district financing.
The municipal cost savings generated by transferring the street maintenance costs to
an assessment district can be summarized as follows4:
Year 1 —First Phase Opens ($22,000)
Year 2 (40,000)
Year 3 (59,000)
Year 4 (81,000)
Year 5 (115,000)
Year 6 (147,000)
Year 7 (175,000)
Year (202,000)
Year 9 (235,000)
Year 10 (283,000
The preceding table summarizes the annual cost estimate that was used in the Fiscal
Impact Analysis. It is further assumed that the $283,000 in annual costs that are
projected to be incurred upon the full Rosedale build-out would increase at an
inflationary rate annually in perpetuity. The following table presents the projected net
present value of the cost savings over the 10-year build-out period, and the net present
value of the cost savings to be generated annually thereafter.
NPV: Years 1-10 ($679,000)
NPV: Year 10+ 2,248,000
NPV Total Cost Savings $2,927,000
Public Park Operation and Maintenance
Rosedale includes 14.4 acres of formal public park land that would normally be
maintained by the City's Public Works Department. However, to mitigate the municipal
costs associated with Rosedale, KMA recommends that these on-going costs be funded
by an assessment district, backed up by a Master HOA. The municipal cost savings
generated by transferring these costs to an assessment district are projected as follows:
Based on the Fiscal Impact Analysis assumption that 15.1 acres of public streets would be included in
Rosedale. If the entire 24.9 acre area was applied, the cost increase would be completely offset by the
savings generated by forming an assessment district.
KEYSER MARSTON A s S O C I P T E S I N C.
EXHIBIT A
Page 7 •
Year 1 -First Phase Opens ($23,000)
Year 2 (42,000)
Year 3 (62,000)
Year 4 (85,000)
Year 5 (121,000)
Year 6 (1.55,000)
Year 7 (185,000)
Year 8 (214,000)
Year 9 (248,000)
Year 10 298,000
The projected present values of the City cost savings to be achieved during the 10-year
project build-out period and thereafter in perpetuity are presented in the table below:
NPV: Years 1-10 ($716,000)
NPV: Year 10+ 2,367,000
NPV Total Cost Savings $3,083,000
NET MUNICIPAL COSTS REMAINING AFTER MITIGATION MEASURES
The following table presents the projections used to estimate the net City costs
assuming that the obligation for maintaining the streets, the roads and the formal park
will be shifted to an assessment district:
Net City
Net City Street & Formal Park (Cost)/Rev
Cost Before Road Cost Cost After
Mitigation, Savings Savings Mitigation
Year 1 - 1 st Phase Opens ($45,000) ($22,000) ($23,000) -$0-
Year2 (81,000) (40,000) (42,000) 1,000
Year 3 (117,000) (59,000) (62,000) 4,000
Year (169,000) (81,000) (85,000) (3,000)
Year (253,000) (115,000) (121,000) (17,000)
Year 6 (312,000) (147,000) (155,000) (10,000)
Year 7 (364,000) (175,000) (185,000) (4,000)
Year 8 (417,000) (202,000) (214,000) (1,000)
Year 9 (506,000) (235,000) (248,000) (23,000)
Year 10 636,000 283,000 298,000 55,000
NPV: Years 1-10 ($1,443,000) ($679,000) ($716,000) ($48,000)
NPV: Year 10+ 5,052,000 2,248,000 2,367,000 437,000
NPV: Net City Cost ($6,495,000) ($2,927,000) ($3,083,000) ($485,000)
KEYSER MARSTON ASSOCIATES I N C.
tEXH_.IBIT A
Page 8 • •
After eliminating the street, road and formal park maintenance costs from the City cost
analysis, KNIA updated the Fiscal Impact Analysis to reflect the reduction in the unit
count from 1,759 to 1,696 homes. This update is based on the fundamental
assumptions applied in the Fiscal Impact Analysis, with adjustments made only to cost
and revenue components that are measured on a per capita basis.
The unit count reduction resulted in decreases in both the City revenues and the City
costs. The net impact created by the reduction in the number of units is shown below:
Net City
(Cost)/Rev Impact of
After Unit Count Net City
Mitigation Reduction Cost /Rev
Year 1 — 1 st Phase Opens —$0— $3,000 $3,000
Year 2 1,000 3,000 4,000
Year 3 4,000 2,000 6,000
Year (3,000) 2,000 (1,000)
Year 5 (17,000) 1,000 (16,000)
Year 6 (10,000) 1,000 (9,000)
Year (4,000) (1,000) (5,000)
Year 8 (1,000) 1,000 —0—
Year 9 (23,000) —0— (23,000)
Year 10 55,000 3,000 52,000
NPV: Years 1-10 ($48,000) $10,000 ($38,000)
NPV: Year 10+ 437,000 24,000 413,000
NPV Net City Cost ($485,000) $34,000 $451,000
As discussed previously in this analysis, the projected municipal costs have been
discounted back to the commencement of construction on the first Rosedale
development phase. When that is considered in conjunction with the identified
mitigation measures and the decrease in the number of residential units proposed to be
constructed, the unfunded City costs are estimated at $451,000 in present value terms.
This represents the amount of cash that the Developer would be required to contribute
to the City if the payment is made when Phase I construction commences.
If the City is willing to defer the Developer payment until the Phase I construction is
completed, the contribution amount should be increased to $527,000. If the City
chooses to allow the Developer to make payments as each of the development phases
are completed, the payments should equal $81,000 per year, or a total of $810,000 over
the ten year build-out period.
KEYSER MARSTON ASSOCIATES I N C.
EXHIBIT A
Page 9 • •
SUMMARY
The basis for the municipal revenue and cost estimates used in this report can be
summarized as follows:
1. The Fiscal Impact Analysis dated August 19, 1998 set the present value of the
net City costs generated by the Rosedale development at $6.2 million.
2. The August 19, 1998 Fiscal Impact Analysis estimated that 20% of the Rosedale
residential population would be entitled to receive utility user's fees exemptions.
This estimate was based on the percentage of the current Azusa population that
receives these exemptions. However, after KMA compiled demographic data
from comparable subdivisions in the region, the estimated percentage of
Rosedale households that would receive the exemptions was reduced to 10%.
This decreased the present value of the net City costs to $5.9 million.
3. .The recommended mitigation structure calls for $6.5 million in net City costs to.
be funded by the Developer and/or the Rosedale residents.' This estimate is
$600,000 higher than the estimate presented in the Fiscal Impact Analysis for the
following reasons:
a. The $1.4 million in net City costs projected to be incurred during the 10-
year Rosedale build-out period were included as costs to be mitigated by .
the Developer and/or the Rosedale residents.
b. The net City costs to be incurred annually after the project is built-out were
discounted back to the commencement of construction on the first
Rosedale development phase. This decreased the net City costs from
$5.9 million to $5.1 million.
The recommended mitigation structure for Rosedale can be summarized as follows:
1. An assessment district should be formed to fund the operation and maintenance
costs for the public,and private streets/roads and the formal park land. As
Rosedale is built-out, the obligation to make the annual district payments will shift
from the Developer to the Rosedale residents. Transferring these obligations to
an assessment district reduces the present value of the net City costs by
approximately $6.0 million.
K E Y S E.R MA RSTON ASSOCIATES 1 N C.
EXHIBIT A
Page 10 .
2. The Developer has agreed to reduce the number of units in the project from
1,759 to 1,656. This is projected to reduce the net City costs by $34,000 in
present value terms.
3. The Developer should be required to make a cash payment to the City to fund
the remaining net City costs associated with Rosedale. If the payment is made
before construction on the first Rosedale development phase, the payment
should be set at $451,000. If the City agrees to defer the payment, the amount
of the payment(s) should be based on the following schedule:
a. Payment at the completion of Phase I construction: $527,000
b. Payment in ten annual installments: $810,000
The mitigation analysis financial calculations can be summarized as follows:
Net City Cost $6,495,000
(Less)
NPV Street and Road Maintenance Cost (2,927,000)
NPV Formal.Park Maintenance Cost (3,083,000)
Reduction in the Unit Count (34,000)
Cash Payment from the Developer (451,000)
NPV Remaining City Cost —$0—
KHH:gbd -
98739AZU
10400.001.026
K E YS E R M A RSTON A ssoci ATES INC.
EXHIBIT A