Owner Participation Agreement 1990-0408019.1467 90 4*0.19
RECORDING REQUESTED BY:
City of Poway J
WHEN RECORDED, MAIL TO:
City Clerk
City of Poway R
P.O. Box 789 �R
MG
Poway, CA 92064 N
No Transfer Tax Due (This space for Recorder's u!
OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE
POWAY REDEVELOPMENT AGENCY,
AND
McMILLIN COMMUNITIES, INC.
5/14/90
AGENCY,
PARTICIPANT,
TABLE OF CONTENTS
PAGE
I. [ §100] SUBJECT OF OWNER PARTICIPATION AGREEMENT . . .
1
A.
[ §101] Purpose of Owner Participation Agreement
1
B.
[ §102] The Redevelopment Plan . . . . . . . . .
1
C.
[ §103] The Site . . . . . . . . . . . . . . . .
1
D.
[ §104] Parties to the Owner Participation
Agreement. . . . . . . . . . . . . . . .
2
1. [§105] The Agency . . . . . . . . . . . . .
2
2. [ §106] The Participant . . . . . . . . . .
2
3. [ §107] Prohibition Against Change in
Ownership, Management and Control
of the Participant . . . . . . . . .
2
II. [ §200] DEVELOPMENT OF IMPROVEMENTS BY THE
PARTICIPANT . . . . . . . . . . . . . . . .
3
A.
[ §201] Scope of Development . . . . . . . . . .
3
B.
[ §202] Cost of Development . . . . . . . . . . .
4
1. [ §203] Participant Cost . . . . . . . . . .
4
2. [ §204] Agency Assistance . . . . . . . . .
4
(a) [ §205] Agency Assistance Procedure . .
4
(b) [ §206] Conditions Precedent to Agency
Assistance and Participant's
Obligation To Construct
Improvements . . . . . . . . . .
5
3. [ §207] Construction Schedule . . . . . . .
6
4. [ §208] Indemnity, Bodily Injury and
Property Damage Insurance . . . . .
6
5. [ §209] Rights of Access . . . . . . . . . .
8
6. [ §210] Local, State and Federal Laws . . .
8
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-i-
/I
7.
[ §211]
1469
PAGE
Antidiscrimination During
Construction . . . . . . . . . . . . 8
5/14/90 -ii-
8. [ §212] Taxes and Assessments . . . . . .
. 8
9. [ §213] Certificate of Completion . . . .
. 8
10. [ §214] [intentionally omitted] . . . . .
. 9
11. [ §215 through §221] [intentionally omitted]
. 9
III. [ §300] USE OF THE SITE . . . . . . . . ... . . . .
. 9
A.
[ §301] [intentionally omitted] . . . . . . . .
. 9
B.
[ §302] Use in Accordance with Redevelopment
Plan; Nondiscrimination . . . . . . . .
. 9
C.
[ §303] Effect of Violation of the Terms
and Provisions of this Agreement After
Completion of Construction . . . . . .
11
IV. [ §400] GENERAL PROVISIONS . . . . . . . . . . . . .
11
A.
[ §401] Notices, Demands and Communications
Among the Parties . . . . . . . . . . .
11
B.
[ §402] Conflicts of Interest . . . . . . . . .
12
C.
[ §403] Enforced Delay; Extension of Times
of Performance . . . . . . . . . . . .
12
D.
[ §404] Inspection of Books and Records . . . .
13
E.
[ §405] Estoppel Certificates . . . . . . . . .
13
V. [ §500] DEFAULTS AND REMEDIES . . . . . . . . . . .
13
A.
[ §501] Defaults -- General . . . . . . . . . . .
13
B.
[ §502] Legal Actions . . . . . . . . . . . . .
13
1. [ §503] Institution of Legal Actions . . .
13
2. [ §504] Applicable Law . . . . . . . . . .
14
3. [ §505] Acceptance of Service of Process .
14
C.
[ §506] Rights and Remedies Are Cumulative . .
14
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1470'
PAGE
D.
[ §507) Inaction Not a Waiver of Default . . .
14
E.
[ §508] Remedies and Rights of Termination
After Release of Agency Assistance
15
1. [ §509] Damages . . . . . . . . . . . . .
15
2. [ §510] Specific Performance . . . . . . .
15
3. [ §511] Termination by the Agency . . . .
15
F.
[ §512] Remedies of the Parties for Default
After Furnishing of Agency Assistance
and Prior to Completion of
Construction . . . . . . . . . . . . .
16
1. [ §513) Termination and Damages . . . . .
16
2. [ §514] Action for Specific Performance
16
G.
[ §515) Foreclosure on Site [intentionally
omitted] . . . . . . . . . . . . . . .
16
VI. [ §600] SPECIAL PROVISIONS . . . . . . . . . . . . .
16
A.
[ §601] Real Estate Commissions . . . . . . . .
16
B.
[ §602] Successors in Interest . . . . . . . .
16
C.
[ §603] Amendments to this Owner Participation
Agreement . . . . . . . . . . . . . . .
17
D.
[ §604] . . . . . . . . . . . . . . .
17
E.
[ §605] . . . . . . . . . . . . . . .
17
VII. [ §700] ENTIRE AGREEMENT, WAIVERS . . . . . . . . .
17
VIII. [ §800] TIME FOR ACCEPTANCE OF OWNER PARTICIPATION
AGREEMENT BY AGENCY . . . . . . . . . . . .
18
5/14/90 -iii-
9 a.
ATTACHMENTS
Attachment
No.
1
Site Map
Attachment
No.
2
Legal Description
Attachment
No.
3
Scope of Development
Attachment
No.
4
Schedule of Performance
Attachment
No.
5
Schedule of Estimated Fees
Attachment
No.
6
Certificate of Completion
5/14/90 -iv-
1471
9 0
1472
OWNER PARTICIPATION AGREEMENT
THIS OWNER PARTICIPATION AGREEMENT ( "Agreement ") is
entered into by and between the POWAY REDEVELOPMENT AGENCY (the
"Agency ") and McMILLIN COMMUNITIES, INC., a California corporation
(the "Participant "). The Agency and the Participant hereby agree
as follows:
I. [ §100] SUBJECT OF OWNER PARTICIPATION AGREEMENT
A. [ §101] Purpose of Owner Participation Agreement
The purpose of this Agreement is to effectuate the Redevelop-
ment Plan (as hereinafter defined) for the Paguay Redevelopment
Project (the "Project ") by providing for the improvement of certain
property situated within the Project Area (the "Project Area ") of
the Project and by providing for the payment of certain amounts
specifically described in this Agreement in connection with the
activities to be undertaken by the Participant including the
installation by Participant of certain public roadway improvements
offsite and onsite of a residential development of 120 homes and
certain commercial improvements planned by Participant. The public
roadways as well as the residential and commercial improvements are
referred to herein as the "Site" and the area where the same are
planned is shown on Attachment 1 (the "Site Map "). The residential
and commercial portions of the Site are owned by Participant except
for certain portions of Lots 119, 120 and 121 of Tract No. 88 -04R
which are owned by the Agency. Completing the public roadways and
encouraging the development of the Site pursuant to this Agreement
is in the vital and best interest of the City of Poway ( "City ") and
the health, safety and welfare of its residents, and in accord with
the public purposes and provisions of applicable state and local
laws and requirements under which the Project has been undertaken.
B. ( §102] The Redevelopment Plan
The Redevelopment Plan was approved and adopted by
Ordinance No. 117 , of the City Council of the City of Poway; said
ordinance and the Redevelopment Plan as so approved (the "Redevel-
opment Plan") are incorporated herein by reference.
C. [ §103] The Site
The Site is that portion of the Project Area designated
on the Site Map (Attachment No. 1) and described in the "Legal
Description," which is attached hereto as Attachment No. 2 and is
5/14/90 -1-
1473
incorporated herein by reference, and all real property improve-
ments thereon.
D. [ §104] Parties to the Owner Participation Agreement
1. [ §105] The Agency
The Agency is a public body, corporate and politic,
exercising governmental functions and powers and organized and
existing under Chapter 2 of the Community Redevelopment Law of the
State of California. The principal office of the Agency is located
at City Hall, 13325 Civic Center Drive, Poway, California 92064.
"Agency," as used in this Agreement, includes the
Redevelopment Agency of the City of Poway, and any assignee of or
successor to its rights, powers and responsibilities.
2. [ §106] The Participant
The Participant is McMILLIN COMMUNITIES, INC. a
California corporation in which the major shareholders are (i)
Laurie A. McMillin Ray, (ii) Scott M. McMillin, (iii) Mark D.
McMillin, and (iv) Macey McMillin, Jr. and Vonnie L. McMillin,
Trustees of the McMillin Family Trust. A transfer which results in
the principals holding less than a controlling interest in the
partnership shall (without prior written approval of the Agency,
which the Agency shall be reasonable in granting or denying)
constitute an unauthorized assignment in transfer contrary to
Section 107 of this Agreement. The principal office and mailing
address of the Participant for the purposes of this Agreement is
2727 Hoover Avenue, National City, California 92050.
[ §107]
The qualifications and identity of the Participant
are of particular concern to the City and the Agency. It is
because of those qualifications and identity that the Agency has
entered into this Agreement with the Participant. No voluntary or
involuntary successor in interest of the Participant shall acquire
any rights or powers under this Agreement except as expressly set
forth herein.
The Participant shall not assign all or any part of
this Agreement or any rights hereunder or add additional general
partners without the prior written approval of the Agency, which
consent shall not be unreasonably withheld. The Agency shall grant
an assignment to a partnership which includes Participant as
general partner, provided that: (1) the assignee entity shall
expressly assume the obligations of the Participant pursuant to
this Agreement in writing satisfactory to the Agency; (2) the
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original Participant shall remain fully responsible for the
performance and liable for the obligations of the Participant
pursuant to this Agreement; and (3) the assignee (or expanded
partnership) is financially capable of performing the duties and
discharging the obligations it is assuming. The Participant shall
promptly notify the Agency in writing of any and all changes
whatsoever in the identity of the persons in control of the
Participant and the degree thereof.
In the absence of specific written agreement by the
Agency, no such transfer, assignment or approval by the Agency
shall be deemed to relieve the Participant or any other party from
any obligation under this Agreement.
This Section 107 shall not be deemed to prohibit the
addition of general or limited partners or shareholders without
further consent of the Agency so long as those partners or
shareholders holding interests as of the approval by the Agency of
this Agreement retain operational and managerial control and not
less than a fifty -one percent (51 %) interest in profits and losses
of such partnership or corporation.
All of the terms, covenants and conditions of this
Agreement shall be binding upon and shall inure to the benefit of
the Participant and the permitted successors and assigns of the
Participant. Whenever the term "Participant" is used herein, such
term shall include any other permitted successors and assigns as
herein provided.
II. [ §200] DEVELOPMENT OF IMPROVEMENTS BY THE PARTICIPANT
A. [ §201] Scope of Development
Subject only to the conditions precedent set forth in this
Agreement, the Participant shall at its expense construct or cause
to be constructed those particular public roadway improvements
( "Improvements ") described on Attachment No. 3 within the time
periods set forth on Attachment No. 4. The Improvements include,
but are not limited to the construction of that portion of South
Poway Parkway located along Participant's frontage as shown on the
Site Map (Attachment No. 1) . The term "Improvements" includes any
improvements that are not specifically described where their
construction is necessary to meet City standards in order to
construct those Improvements which are described. The Participant
shall construct or cause to be constructed the Improvements in
compliance with all the zoning, planning and design review
requirements and approval procedures of the City of Poway. The
term "Improvements" does not include the residential and commercial
private improvements to be constructed on the Site.
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i
B. [ §202] Cost of Development
1. [ §203] Participant Cost
1475
With the exception of the Agency Assistance as
defined below, all costs for planning, designing and constructing
the Improvements shall be borne exclusively by the Participant.
The Participant shall also bear all costs related to discharging
the duties of the Participant set forth in this Agreement. The
Participant assumes the responsibility to construct and shall let
contracts for or cause to be constructed all Improvements developed
pursuant to this Agreement substantially in conformity with
procedures used by the Agency when payment of prevailing wages is
deemed to be required by State law. The Participant shall be
responsible for all fees associated with development of the
Improvements including, without limitation, school facilities fees
and impact fees unless otherwise set forth herein.
The Participant assumes all risks associated with
soil and subsurface conditions at, on and adjacent to the Site and
shall undertake at its cost all investigation of such conditions as
it deems appropriate. If the soil conditions are not entirely
suitable for the use to which the Site will be put, then it is
solely the responsibility and obligation of the Participant to take
such action as may be necessary to place the Site in a condition
entirely suitable for such use and to commence and complete the
Improvements described herein.
2. [ §204] Agency Assistance
(a) [ §205] Agency Assistance Procedure
In consideration for the Participant agreeing
to construct the Improvements, including the construction of that
portion of South Poway Parkway along Participant's frontage as
shown on the Site Map (Attachment No. 1) and Participant's
construction of other public improvements required as conditions of
approval of Tract No. 88 -04R, the Agency agrees to provide the
following Agency Assistance to Participant:
(i) Agency agrees to discharge the
following fees which would otherwise be payable by
Participant to the City with respect to Tract No. 88 -04R
and /or the improvement of residences and /or commercial
improvements on Tract No. 88 -04R: (a) The Traffic
Mitigation Fees up to a maximum of $250,000.00; and (b)
$644,000.00 of other fees as estimated on Attachment No.
5 attached hereto (the actual amount of Traffic Mitiga-
tion Fees shall not reduce or increase the $644,000.00 of
other fees dischargeable by the Agency). Each such fee
or credit shall be paid or prepaid and each credit shall
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1476
be obtained by the Agency on the date the final map of
Tract No. 88 -04R is filed with the County Recorder of San
Diego County.
(ii) Agency agrees to transfer to Partici-
pant, upon recordation of the final map of Tentative
Tract No. 88 -04R, those portions of lots 119, 120 and 121
shown on the final map which are currently owned by
Agency. Such conveyance shall be made subject to all
items of record as of the date of this Agreement other
than monetary encumbrances (if any) , which Agency agrees
to discharge before such transfer. Such transfer shall
be made without any prorations and Agency shall not be
required to incur any out of pocket closing or transfer
expenses. Agency shall, prior to recordation of the
final map, deliver Agency's grant deed to Ticor Title
Insurance Company (San Diego) with instructions to record
the deed upon recordation of the final map. Such
transfer constitutes a portion of the consideration for
Participant's performance under this Agreement and
Participant shall not be required to pay any additional
consideration for such transfer. The Agency deems the
property to be so transferred to be worth $13,500.00.
(b) [ §206] Conditions Precedent To Agency As-
sistance and Participant's obliga-
tion To Construct Improvements
Agency's obligation to provide any Agency
Assistance and Participant's obligation to construct any of the
Improvements are subject to satisfaction or waiver (waiver must be
by both Agency and Participant) of each of the following conditions
precedent:
(i) The City's final and nonappealable
approval of Tentative Tract Map No. 88 -04R with condi-
tions of approval reasonably acceptable to Participant;
recordation of the final map of Tentative Tract Map No.
88 -04R shall evidence satisfaction of this condition
precedent;
(ii) The City's and Participant's approval
of detailed plans and specifications for the Improve-
ments.
(iii) The recordation of a final map of
Tentative Tract Map No. 88 -04R and the Participant having
provided the City with a subdivision improvement agree-
ment in the form customarily required by the City
together with either (i) subdivision bonds or (ii) a
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letter of credit customarily required by the City to
assure completion of the Improvements.
(iv) Participant shall have delivered to
the Agency_an_.irrevocable and unconditional letter of
credit for $894;000' in form reasonably acceptable to the
Agency, naming the Agency as Obligee and issued from an
institutional lender for a term not be less than twenty -
four months, including any rights of Obligee to extend
the term of the letter. Sums shall be payable to the
Agency upon the Agency certifying to the Issuer that
Participant has materially breached its obligation to
complete the Improvements within the eighteen month
period required hereunder (as such period may be extended
pursuant to this Agreement). Agency agrees that it will
not demand funds from the Issuer unless Participant is in
material default and any demand for funds shall not
exceed the amount necessary to complete the Improvements.
Agency shall return the letter of credit to Participant
with instructions to the Issuer to cancel the letter of
credit at such time as the Agency furnishes Participant
with the Certificate of Completion pursuant to Section
213 below. "Institutional lender" means a federally or
state chartered bank or savings and loan which has a
Moody's bond rating of "A" or better.
This paragraph (iv) shall not be applicable if
Participant delivers to the City, pursuant to (iii) above
of this Section, a letter of credit to secure the
subdivision improvement agreement.
(v) Neither party shall be in material
default of any of the outstanding provisions of the
Agreement or the Attachments incorporated thereto.
3. [ §207] Construction Schedule
The Participant shall commence and complete the
Improvements by the respective times established therefor in the
Schedule of Performance which is attached hereto as Attachment No.
4 and incorporated fully herein by this reference.
[ §208] Indemnity. Bodily Injury and Property
Damage Insurance
The Participant shall defend, assume all responsi-
bility for and hold the Agency and the City, and their respective
officers, agents and employees, harmless from all claims or suits
for, and damages to, property and injuries to persons, including
accidental death (including attorneys fees and costs), which may be
caused by any of the Participant's activities under this Agreement,
5/14/90 -6-
• • 14'78
if such activities were negligent and whether such activities or
performance thereof be by the Participant or anyone directly or
indirectly employed or contracted with by the Participant and
whether such damage shall accrue or be discovered before or after
termination of this Agreement. The Participant shall take out and
maintain until (i) the completion of the Improvements as determined
by the Agency pursuant to Section 210 of this Agreement (if an
"occurrence" policy is obtained) or (ii) the second anniversary of
the completion of the Improvements (if a "claims made" policy is
obtained) , a comprehensive liability policy in the amount of Three
Million Dollars ($3,000,000.00) combined single limit policy,
including contractual liability, as shall protect the Participant,
the City and the Agency from claims for such damages.
Insurance coverage furnished by the Participant
pursuant to this Section 208 shall conform to this Section 208 and
shall pertain to all activities on the Site and adjacent public
right -of -way surrounding the Site and all work on off -site public
improvements.
Participant shall furnish Agency a certificate of
insurance from the insurer evidencing compliance with this Section
208 and providing that the insurer shall not cancel or modify the
policy without thirty (30) days' written notice to Agency.
Participant shall give Agency prompt and timely notice of any claim
made or suit instituted. Agency, City and their officers,
employees and agents, shall also be named as additional insured in
any policies of Participant's contractors covering work under this
Agreement, and such policies shall comply with this paragraph.
Coverage need not be primary or contributing with any policy or
coverage maintained by or obtained by the Agency, and an appropri-
ate endorsement may so state. The policy need not contain a waiver
of subrogation.
Participant shall comply with all of the provisions
of the Worker's Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Divisions 4 and 5 of
the California Labor Code, and all amendments thereto, and all
similar State or Federal acts or laws applicable, and Participant
shall hold Agency and City harmless from any claims arising
thereunder. Participant shall furnish to Agency a certificate of
Worker's Compensation insurance providing that the insurer shall
not cancel or modify the policy without thirty (30) days' prior
written notice to Agency. In the alternative, Participant may show
proof of a certificate of consent to self- insure issued by the
Director of Industrial Relations according to California Labor Code
Section 3800.
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1479
5. [ §209] Rights of Access
Representatives of the Agency and the City shall
have the right of access to the Site, without charges or fees, at
normal construction hours during the period of construction for the
purposes of this Agreement including, but not limited to, the
inspection of the work being performed in the construction of the
Improvements.
6. [§210] Local. State and Federal Laws
The Participant shall carry out the construction of
the Improvements in conformity with all federal, state, local and
other applicable laws including, without limitation, the provisions
of the Poway Municipal Code.
The Participant assumes full responsibility for and
shall comply with all provisions of the Subdivision Map Act and the
local subdivision ordinance applicable to the development or
financing of the Improvements.
Before commencement of construction or development
of any buildings, structures or other improvements upon the Site or
within the Project Area, the Participant shall, at its own expense,
secure or cause to be secured any and all permits which may be
required by the City or any other governmental agency affected by
such construction, development or work.
7. [ §211] Antidiscrimination During Construction
Pursuant to Section 33435 of the California
Community Redevelopment Law, the Participant for itself and its
successors and assigns, agrees that in the rehabilitation and /or
construction of Improvements on the Site or otherwise provided for
in this Agreement, the Participant will not discriminate against
any employee or applicant for employment because of sex, marital
status, race, color, religion, ancestry or national origin.
8. [ §212] Taxes and Assessments
The Participant shall pay when due all real estate
taxes and assessments on the Site so long as the Participant
retains any interest therein. The Participant shall remove or have
removed any levy or attachment made on any of the Site or any part
thereof, or assure the satisfaction thereof within a reasonable
time but in any event prior to a sale thereunder.
9. [ §213] Certificate of Completion
Promptly after the completion of all of the
Improvements in conformity with this Agreement (as determined by
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• • 1460
the Executive Director of the Agency) and upon the written request
of the Participant, the Agency shall furnish the Participant with
a Certificate of Completion, substantially in the form attached
hereto as Attachment No. 6, which evidences and determines the
satisfactory completion of such construction and carries forward
those provisions and covenants specified in this Agreement, the
Redevelopment Plan and the California Community Redevelopment Law.
The issuance and recordation of the Certificate of Completion
(Attachment No. 6) with respect to the Improvements shall not
supersede, cancel, amend or limit the continued efficacy of any
obligations relating to or the maintenance of uses, payment of
monies or any other obligations except for the obligation to
complete construction of the Improvements as of the time of the
issuance of such certificate.
If the Agency refuses or fails to furnish a
Certificate of Completion with respect to the Site substantially in
the form of Attachment No. 6 after written request from the
Participant, the Agency shall, within forty -five (45) days of the
written request, provide the Participant with a written statement
of the reasons the Agency refused or failed to furnish such
Certificate of Completion.
Upon issuance of a Certificate of Completion
(Attachment No. 6) for the Improvements, construction of such
Improvements shall be deemed to have been completed in conformity
with this Agreement. The Certificate of Completion (Attachment No.
6) is not a notice of completion as referred to in Section 3093 of
the California Civil Code.
10. [ §214] [intentionally omitted]
11. [ §215 through §221] [intentionally omitted]
III. [ §300] USE OF THE SITE
A. [ §301] [intentionally omitted]
B. [ §302] Uses in Accordance with Redevelopment Plan;
Nondiscrimination
1. Participant agrees, for itself and on behalf of its
successors, its assigns and every successor in interest to the Site
or any part thereof, that during construction and thereafter the
uses of the Site will be consistent with the Redevelopment Plan.
However, changes in the Redevelopment Plan shall not by reason of
this covenant require changes to improvements made to the Site.
The Participant covenants by and for itself and any
successors in interest that there shall be no discrimination
against or segregation of any person or group of persons on account
5/14/90 -9-
of race, color, creed, religion, sex, marital status, age,
handicap, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Site, nor
shall the Participant itself or any person claiming under or
through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the Site. The foregoing covenants shall
run with the land.
The Participant shall refrain from restricting the
rental, sale or lease of the property on the basis of race, color,
creed, religion, sex, marital status, national origin or ancestry
of any person. All such deeds, leases or contracts shall contain
or be subject to substantially the following nondiscrimination or
nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and
for himself or herself, his or her heirs, executors, administrators
and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee
himself or herself or any person claiming under or through him or
her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
(b) In leases: "The lessee herein covenants by and
for himself or herself, his or her heirs, executors, administrators
and assigns, and all persons claiming under or through him or her,
and this lease is made and accepted upon and subject to the
following conditions:
"There shall be no discrimination against or
segregation of any person or group of persons on account of race,
color, creed, religion, sex, marital status, ancestry or national
origin in the leasing, subleasing, transferring, use, occupancy,
tenure or enjoyment of the premises herein leased nor shall the
lessee himself or herself, or any person claiming under or through
him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, sublessees,
subtenants or vendees in the premises herein leased."
(c) In contracts: "There shall be no discrimina-
tion against or segregation of, any person, or group of persons on
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E
w -idaz
account of race, color, creed, religion, sex, marital status,
ancestry or national origin, in the sale, lease, sublease,
transfer,, use, occupancy, tenure or enjoyment of the premises, nor
shall the transferee himself or herself or any person claiming
under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the premises."
The covenants established in this Agreement shall,
without regard to technical classification and designation, be
binding for the benefit and in favor of the Agency, its successors
and assigns, the City and any successor in interest to the Site,
together with any property acquired by the Participant pursuant to
this Agreement, or any part thereof. The covenants contained in
this Agreement shall remain in effect until the termination date of
the Redevelopment Plan. The covenants against racial discrimina-
tion shall remain in perpetuity.
C. [ §303] Effect of Violation of the Terms and Provi-
Construction
The Agency is deemed the beneficiary of the terms and
provisions of this Agreement and of the covenants running with the
land, for and in its own rights and for the purposes of protecting
the interests of the community and other parties, public or
private, in whose favor and for whose benefit this Agreement and
the covenants running with the land have been provided. The
Agreement and the covenants shall run in favor of the Agency,
without regard to whether the Agency has been, remains or is an
owner of any land or interest therein in the Site or in the Project
Area. The Agency shall have the right, if the Agreement or
covenants are breached, to exercise all rights and remedies, and to
maintain any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breaches to which it or
any other beneficiaries of this Agreement and covenants may be
entitled.
IV. [ §400] GENERAL PROVISIONS
A. [ §401] Notices. Demands and Communications Among the
Parties
Written notices, demands and communications between the
Agency and the Participant shall be sufficiently given if delivered
by hand (and a receipt therefor is obtained or is refused to be
given) or dispatched by registered or certified mail, postage
prepaid, return receipt requested, to the principal offices of the
Agency and the Participant. Such written notices, demands and
communications may be sent in the same manner to such other
5/14/90 -11-
9 0 1483
addresses as such party may from time to time designate by mail as
provided in this Section 401.
Any written notice, demand or communication shall be
deemed received immediately if delivered by hand and shall be
deemed received on the tenth day from the date it is postmarked if
delivered by registered or certified mail.
B. [ §402] Conflicts of Interest
No member, official or employee of the Agency shall have
any personal interest, direct or indirect, in this Agreement, nor
shall any member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or
the interests of any corporation, partnership or association in
which he is directly or indirectly interested. No member, official
or employee of the Agency shall be personally liable to the
Participant, or any successor in interest, in the event of any
default or breach by the Agency or the Participant, or for any
amount which may become due to the Participant or successor or on
any obligations under the terms of this Agreement.
The Participant warrants that it has not paid or given,
and will not pay or give, any third party any money or other
consideration for obtaining this Agreement.
C. [ §403] Enforced Delay; Extension of Times of Perfor-
mance
In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be in
default, and all performance and other dates specified in this
Agreement shall be extended, where delays or defaults are due to:
war, insurrection, strikes, lockouts, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidem-
ics, quarantine restrictions, freight embargoes, lack of transpor-
tation, governmental restrictions or priority, litigation,
unusually severe weather, acts or omissions of another party, acts
or failures to act of the City of Poway or any other public or
governmental agency or entity (other than the acts or failures to
act of the Agency which shall not excuse performance by the
Agency) , or any other causes beyond the control or without the
fault of the party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an
extension of time for any such cause shall be for the period of the
enforced delay and shall commence to run from the time of the
commencement of the cause. The party claiming that such cause
exists shall send notice of the extension to the other party within
thirty (30) days of the commencement of the cause. Times of
performance under this Agreement may also be extended in writing by
the mutual agreement of Agency and Participant.
5/14/90 -12-
0 1484-
Participant is not entitled pursuant to this Section 403
to an extension of time to perform because of past, present or
future difficulty in obtaining suitable temporary or permanent
financing for the acquisition or development of the Site.
D. [ §404] Inspection of Books and Records
The Agency has the right at all reasonable times to
inspect the books and records of the Participant pertaining to the
Site as pertinent to the purposes of this Agreement. The Partici-
pant has the right at all reasonable times to inspect the public
records of the Agency pertaining to the Site as pertinent to the
purposes of the Agreement.
E. [ §405] Estoppel Certificates
Either party shall, within thirty (30) days after written
request from the other party, provide a signed written statement
setting forth and describing any known defaults by the other party
or stating that the responding party knows of no such defaults.
The statement shall be in recordable form if the requesting party
so specifies. A party shall only make a request for an estoppel
statement if requested to do so by a lender or other third party or
if reasonable grounds exist to question the existence of a default.
V. [ §500] DEFAULTS AND REMEDIES
A. [ §501] Defaults -- General
Subject to the extensions of time set forth in Section
403, failure or delay by any party to perform any term or provision
of this Agreement after the conveyance constitutes a default under
this Agreement. The party who so fails or delays must immediately
commence to cure, correct or remedy such failure or delay, and
shall complete such cure, correction or remedy with diligence.
The injured party shall give written notice of default to
the party in default, specifying the default complained of by the
injured party. Except as required to protect against further
damages, the injured party may not institute proceedings against
the party in default until thirty (30) days after giving such
notice. Failure or delay in giving such notice shall not consti-
tute a waiver of any default, nor shall it change the time of
default.
B. [ §502] Legal Actions
1. [ §503] Institution of Legal Actions
In addition to any other rights or remedies and
subject to the restrictions in Section 501, either the Agency or
5/14/90 -13-
the Participant may institute legal action within the applicable
statute of limitations to cure, correct or remedy any default, to
recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the Superior Court of the County of San
Diego, State of California, in an appropriate municipal court in
that county, or in the Federal District Court in the Southern
District of California.
2. [ §504] Applicable Law
The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
3. [ §505] Acceptance of Service of Process
In the event that any legal action is commenced by
any party against the Agency, service of process on the Agency
shall be made by personal service upon the Director or in such
other manner as may be provided by law.
In the event that any legal action is commenced by
any party against any of the Participant, service of process on
such party shall be made by personal service upon a corporate
officer or partner of such party and shall be valid whether made
within or without the State of California or in such other manner
as may be provided by law; provided that service upon or notice to
any of the Participant shall conclusively be deemed to constitute
service upon and notice to all Participant.
C. [ §506] Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this Agreement,
the rights and remedies of the parties are cumulative, and the
exercise by any party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any
other default by any other party.
D. [ §507] Inaction Not a waiver of Default
Any failures or delays by any party in asserting any of
its rights and remedies as to any default shall not operate as a
waiver of any default or of any such rights or remedies, or deprive
any party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies.
5/14/90 -14-
C�
E. [ §508]
1. [ §509] Damages
• I4es
If, after furnishing of Agency Assistance, any party
defaults with regard to any of the provisions of this Agreement,
the non - defaulting party shall serve written notice of such default
upon all other parties, provided that notice upon any related
person shall be conclusively deemed to effect notice upon the
Participant. If the default is not cured or commenced to be cured
by the defaulting party within thirty (30) days after service of
the notice of default (or within such other period as is set forth
herein), the defaulting party shall be liable to each other party
for any damages caused by such default (except that Section 503
shall be enforceable according to its terms).
2. [§510] Specific Performance
If, after the furnishing of Agency Assistance, any
party defaults under any of the provisions of this Agreement, the
non - defaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the
defaulting party within thirty (30) days of service of the notice
of default, or such other time limit as may be set forth herein
with respect to such default, the non - defaulting party, at its
option, may thereafter (but not before) commence an action for
specific performance of terms of this Agreement.
3. [ §511] Termination by the Agency
In the event that prior to the furnishing of Agency
Assistance:
(a) The Participant (or any successor in interest)
assigns or attempts to assign the Agreement or any rights therein
or in the Site in violation of this Agreement; or
(b) There is a change in the ownership of the
Participant contrary to the provisions of Section 107 hereof; or
(c) The Participant does not submit certificates of
insurance, construction plans, drawings and related documents as
required by this Agreement, in the manner and by the dates
respectively provided in this Agreement therefor, and any such
default or failure shall not be cured within forty -five (45) days
after the date of written demand therefor by the Agency; or
(d) The Participant fails to satisfy the Conditions
Precedent to the Agency Assistance by the time established therefor
in this Agreement then this Agreement and any rights of the
5/14/90 -15-
`1487
Participant or any assignee or transferee in the Agreement, or
arising therefrom with respect to the Agency shall, at the option
of the Agency, be terminated by the Agency, thereupon neither the
Agency nor the Participant shall have any further rights against
the other under this Agreement.
F. [ §512]
1. [ §513] Termination and Damages
Prior to the recordation of a Certificate of
Completion, if the Participant or the Agency defaults with regard
to any of the provisions of this Agreement, the non - defaulting
party shall serve written notice of such default upon the default-
ing party. If the default is not cured by the defaulting party
within thirty (30) days after service of the notice of default, the
defaulting party shall be liable to the other party for any damages
caused by such default.
2. [ §514] Action for Specific Performance
If the Participant or the Agency defaults under any
of the provisions of this Agreement after the furnishing of any
Agency Assistance and prior to the recordation of a Certificate of
Completion for the Improvements, the non - defaulting party shall
serve written notice of such default upon the defaulting party. If
the default is not commenced to be cured by the defaulting party
within thirty (30) days after service of the notice of default, the
non - defaulting party, at its option, may institute an action for
specific performance of the terms of this Agreement.
G. [ §515] Foreclosure on Site [intentionally omitted]
VI. [ §600] SPECIAL PROVISIONS
A. [ §601] Real Estate Commissions
The Participant represents to the Agency that it has not
engaged the services of any finder or broker and that it is not
liable for any real estate commissions, broker's fees or finder's
fees which may accrue by means of the acquisition of the Site, and
agrees to hold harmless the Agency from such commissions or fees as
are alleged to be due from the party making such representations.
B. [ §602] Successors In Interest
The terms, covenants, conditions and restrictions of this
Agreement shall extend to and shall be binding upon and inure to
5/14/90 -16-
148:g
the benefit of the heirs, executors, administrators, successors and
assigns of the Participant.
All of the terms; covenants, conditions and restrictions,
of this Agreement which do not terminate upon the issuance by the
Agency of the Certificate of Completion for the entire Site shall
be deemed to be, and shall, constitute terms, covenants, conditions
and restrictions running with the land; provided, however, in no
event will any of the provisions of this Agreement be binding upon
individual lot purchasers.
C. [ §603] Amendments to this Owner Participation Agree-
ment
The Participant and Agency agree to mutually consider
reasonable requests for amendments to this Agreement which may be
made by lending institutions, or Agency's counsel or financial
consultants, provided said requests are consistent with this
Agreement and would not substantially alter the basic business
terms included herein.
D. [ §604] Agency and Participant each affirm to one another
that neither party knows of any reason why this Agreement would not
be enforceable according to its terms.
E. [ §605] Participant agrees to indemnify and defend the
Agency for any claims which may be asserted against the Agency, by
reason of the actions of Participant or its agents or employees,
which claims arise under the Comprehensive Environmental Response
and Compensation And Liability Act, as amended, (42 U.S.C. §9601,
et seq.) and /or any related state law which claims are based on
contamination on the portion of the Site owned by Participant,
including, but not limited to land transferred to Participant by
the Agency.
VII. [ §700] ENTIRE AGREEMENT, WAIVERS
This Agreement is executed in five (5) duplicate
originals, each of which is deemed to be an original. This
Agreement includes pages 1 through 21 and Attachments 1 through 6,
which constitutes the entire understanding and agreement of the
parties.
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotia-
tions or previous agreements between the parties or their predeces-
sors in interest with respect to all or any part of the subject
matter hereof.
All waivers of the provisions of this Agreement must be
in writing by the appropriate authorities of the Agency and the
5/14/90 -17-
F
Participant, and all amendments hereto must be in writing by the
appropriate authorities of the Agency and the Participant.
Each individual signing below represents and warrants
that he has the authority to execute this Agreement on behalf of an
bind the party he purports to represent.
In any circumstance where under this Agreement either
party is required to approve or disapprove any matter, approval
shall not be unreasonably withheld.
VIII. [ §800] TIME FOR ACCEPTANCE OF OWNER PARTICIPATION
AGREEMENT BY AGENCY
This Agreement, when executed by the Participant and
delivered to the Agency, must be authorized, executed and delivered
by the Agency on or before ten (10) days after signing and delivery
of this Agreement by Participant or this Agreement shall be void,
except to the extent that the Participant shall consent in writing
to a further extension of time for the authorization, execution and
delivery of this Agreement. The date of this Agreement shall be
the date when it shall have been signed by the Agency.
IN WITNESS WHEREOF, the Agency and the Participant have signed
this Agreement on the respective dates set forth below.
1990 POWAY REDEVELOPMENT AGENCY, a
public body, corporate and
politic
By: c
Chairm
ATTEST:
ba','bt�--
Secretary
APPROVED AS TO FORM:
ame2l /'�. 6L 4(-1 a.0
Stradling, Yocca, Carl on & Rauth,
Special Counsel to the Agency
5/14/90 -18-
"Agency"
148
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June 18
1990
0
-1490
McMILLIN COMMUNITIES, INC., a
California corporation \
By:
Its• Execidive Vice President
By:
Its. Vice President
"Participant"
STATE OFCALIFORNI.tan Diego
COUNTY OF
On June 18, 1990 before me, the undersigned, a Notary Public in and for
said State, personally appeared Virgil E. E1110tt and
James H. Ondler , personally known to me(&H*_044t �e
to be the persons who executed the within instrument as
Ex €c1lt ! ve V ice President ana V i ce Pres. Sceretiafy, on behalf of.
McMillin Communities Inc. OF Y
Ft CIAL SEAL r
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature_G���� —=—
5/14/90
,
JOYCE BROCK j
hlotw PublltrCe bMta
® SAN DIEGO COUNTY
my Comm. Exp. Mar. 91, 1883
-19-
(This area for official notarial seal)
0
STATE OF
COUNTY OF SAN DIEGO
On this
the undersigned, C
appeared
me (or proved to me
, the
Chairman of the POWAY
1491
ss.
day of , 1990, before me,
tary Public in and for sa'd state, personally
ersonally known to
the basis of satisfactor evidence) to be
n�rson who executed this i trument as the
VELOPMENT AGENCY and
, personally known tc e
to me on the oasis of satis I ctory evidence) to be th
executed the within instrum t as the Secretary of
Redevelopment Agency, a public body corporate and po
acknowledged to me that such agen executed the within
pursuant to a resolution by its boa of directors.
WITNESS my hand and official seal.
(or proved
person who
the Poway
L'tic, and
i trument
State of California)
)ss.
County of San Diego)
On this the 18th day of June, 1990, before me, Nancy N. Neufeld, the undersigned
Notary Public, personally appeared Don Higginson and Marjorie K. Wahlsten, per-
sonally known to me to be the persons who executed the within instrument as
President and Secretary of the municipal corporation named herein. Witness my
hand and official seal.
ROFNANUT ry rvCUrCIU
SAN DIEGO COUNTY
AM Con;m. Exp. DeG 21.1492
5/14/90
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ATTACHMENT 2
0 1493
. .
THE LAND REFERRED TO- HEREIN IS SITUATED IN THE --STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST
SAN BERNARDINO MERIDIAN, IN- THE CITY OF POWAY`, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THAT -PORTION OF THE EAST HALF OF SAID NORTHWEST QUARTER
LYING NORTHEASTERLY OF THE CENTER LINE OF THAT 60 FOOT EASEMENT FOR
ROAD PURPOSES DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED
APRIL 4, 1924 IN BOOK 751, PAGE 369 OF DEEDS,
ALSO EXCEPTING THAT PORTION OF THE NORTH HALF OF SAID NORTHWEST
QUARTER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE ALONG
THE NORTHERLY LINE OF SAID SECTION 26, NORTH 89 042.'00" EAST 542.42
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 018' EAST 470.50
FEET'; THENCE 89 °42' EAST 61`3.07 FEET; THENCE NORTH 21 °28'_ EAST. 248
FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE INTERSECTION OF
THE 'NORTHERLY LINE OF SAID SECTION 26 W.I,TH THE CENTER LINE OF THAT
CERTAIN 60 FOOT 'EASEMENT FOR ROAD PURPOSES (KNOWN AS POMERADO ROAD)
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED
APRIL 4, 1924 IN BOOK 751, PAGE 369 OF DEEDS, RECORDS OF SAN DIEGO
COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 26, SOUTH
89 042'00 " WEST TO 'THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTHWEST ONE- QUARTER OF- SECTION 23, TOWNSHIP 14
SOUTH, RANGE ,2 WEST, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
THE WESTERLY 271.22 FEET OF THE SOUTHERLY 195 FEET -OF THE SOUTHWEST
ONE- QUARTER OF SAID SECTION 23, EXCEPT THE WESTERLY 203.42 FEET'
THEREOF.
PARCEL 3:
PARCEL 1 OF PARCEL MAP NO. 15915, IN THE CITY OF POWAY,
COUNTY OF SAN.D'IEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER. OF SAN DIEGO COUNTY DECEMBER 21, 1989.
2*d
0
Attachment No. 3
Scope of Development
I. GENERAL DESCRIPTION
is '1494
The site is specifically delineated on City of Poway Tentative
Tract Map 88 -04R (Revised TTM) (Attachment No. 1) and the Legal
Description (Attachment No. 2) pursuant to Section 103 of this
agreement.
II.
The Participant shall be permitted to develop the site as a
residential community consisting of 120 single family lots along
with an adjoining commercial site in accordance with the Revised
TTM to be approved by the Redevelopment Agency and the City of
Poway.
The Participant shall complete all of the improvements set forth in
this Scope of Development (Attachment No. 3). All of the public
improvements to be provided by the Participant, off site, which are
required in connection with this development pursuant to the
Subdivision Improvement Agreement to be entered into between
Participant and the City for Tract 88 -04R shall constitute the
"Improvements". All of the Improvements shall conform in design,
configuration and appearance to the City's standard development
requirements.
The Participant shall commence and complete the Improvements by the
respective time frames established therefor in the Schedule of
Performance. (Attachment No. 4)
III. PUBLIC IMPROVEMENTS AND UTILITIES
Subject to the provisions concerning agency assistance set out in
this Agreement, the Participant shall, at its own cost and
expenses, provide or cause to be provided the following public
improvements within the time set forth for the completion of the
improvements in the Schedule of Performance. (Attachment No. 4)
A) Roadways
All of the following roadway construction and improvements
required as a portion of this project shall include the
appropriate streets, catch - basins, curbs, gutters, drive and
curb cuts, street lighting, signs, fire hydrants, sidewalks,
and appropriate street landscaping.
5/14/90 -1-
• 1496
Participant shall undertake at its cost all demolition required in
connection with the development of the Improvements.
5/14/90 -3-
• • '1497
ATTACHMENT NO. 4
SCHEDULE OF PERFORMANCE
I. CONSTRUCTION DOCUMENTS
1. Submission of Construction Drawings and Final Map.
Participant shall on or before September 1, 1990 submit
to the Agency and the City a Final Map and complete
construction (working) drawings including Improvement
Plans, Grading Plans, and Landscaping Plans after
approval of the Revised Tentative Tract Map 88 -04R (TTM)
by the City and Owner Participation Agreement by Agency.
2. Initial Review of Construction Drawings and Final Map.
The Agency shall review the Final Map, Improvement Plans,
Grading Plans and Landscaping Plans and transmit comments
to Participant within 45 days after initial submittal and
will use its reasonable efforts to cause the City to do
likewise.
3. Revisions. Participant shall prepare revised Final Map,
Improvement Plans, Grading Plans, and Landscaping Plans
as necessary, and re- submit them to Agency and the City
for continued review within 30 days after receipt of
Agency's or City's comments. The Agency shall review the
revisions submitted by the Participant within two weeks
(and will use its reasonable efforts to cause the City to
do likewise) provided that the Participant has adequately
addressed the City's or Agency's comments. The Agency and
the City shall have the right to make such comments and
request revisions on more than one occasion.
4. Final Review. The Agency shall approve the revisions
submitted by Participant, provided the Agency's comments
have been accommodated, within two weeks after re-
submittal by Participant. The Agency will use its
reasonable efforts to cause the City to do likewise.
Securitv and Subdivision Improvement Agreement. Once
Agency and City have approved Final Map, Improvement
Plans, Grading Plans and Landscaping Plans and Partici-
pant has completed the Revised TTM conditions to the
satisfaction of the City, the City will be notified by
Agency so that a Council meeting can be scheduled. A
Subdivision Improvement Agreement will be entered into
between City and Participant and Participant will post
all required security with the City.
6. Deli To Extend Period of Construction. Any unreasonable
delay by the Agency or the City in their review and
5/14/90 -1-
approval of the Final Map, Improvement Plans, Grading
Plans or Landscaping Plans shall extend by the number of
days of such delay the period by which the Improvements
must be completed pursuant to II below.
II. CONSTRUCTION PHASE
7. Commencement of Construction. Participant shall commence
construction of the Improvements (See Attachment No. 3)
after the bonds have been posted by Participant and the
City has approved the Subdivision Improvement Agreement,
or the issuance of a grading permit, whichever occurs
first.
8. Completion of Construction. Participant shall complete
construction of all the Improvements by December 31,
1991. Participant's obligation to construct and complete
improvements is subject to the Agency or City obtaining
all necessary easements and any delay in the obtaining of
such easements shall extend such time limit if such delay
resulted in delays in road construction.
III. GENERAL CONDITIONS
Submittal of the construction drawings for the Improve-
ments, more fully described in Attachment No. 3, need not
occur concurrently.
10. Upon mutual written consent by both Participant and
Agency, this Schedule of Performance may be modified.
11. Upon the execution of the Agreement by the Participant
and the Agency, the Agency shall cause the Agreement to
be recorded. Upon recording of the Agreement, the Agency
shall deliver one (1) copy thereof to the Participant no
later than thirty (30) days after the date of recording.
5/14/90 -2-
ATTACHMENT NO. 5
SCHEDULE OF ESTIMATED FEES TO BE CREDITED
Park Fee
Drainage Fee
Sewer Annexation Fee
Street Light Annexation Fee (not to exceed)
Traffic Mitigation Fee (not to exceed)
Water Fees (not to exceed)
Total:
5/14/90
$270,000
163,920
55,595
10,485
250,000
144,000
$894,000
1499
ATTACHMENT NO. 6
CERTIFICATE OF COMPLETION
(to be attached)
1500!