Development Agreement 1990-0671751RECORDING REQUESTED BY:
City of Poway
WHEN RECORDED, MAIL TO:
City Clerk
City of Poway
P.O. Box 789
Poway, CA 92064
No Transfer Tax Due
9 .1.1990- 0671751
13 61 18- DEC - 1 990 08 :48 AM
SAN DIEGO COUNTY RECORDER'S OFFICE
VERA L. LYLE, COUNTY RECORDER
RF: 29.00 FEES: 57.00
AF-* 27.00
MF: I.00
This space for Recorder's use
DEVELOPMENT AGREEMENT
Dated as of November 27 , 1990
by and between
CITY OF POWAY
and
ENVIRONMENTAL DEVELOPMENT, LTD.
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TABLE OF CONTENTS
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Paae
I. RECITALS . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1
Statutory Authority . . . . . . . . . . . . . . . . 1
1.2
Subject Property . . . . . . . . . . . . . . . . . 1
1.3
Notice and Consistency . . . . . . . . . . . . . . 1
1.4
Approvals . . . . . . . . . . . . . . . . . . . . . 2
1.5
Infrastructure Costs and Need for Certainty . . . . 2
1.6
Applicable Standards . . . . . . . . . . . . . . . 2
1.7
Reliance of Developer . . . . . . . . . . . . . . . 2
1.8
Mutual Consideration . . . . . . . . . . . . . . . 2
II. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . 3
2.1
Binding Effect of Development Agreement . . . . . . 3
2.2
Exercise of Governmental Powers . . . . . . . . 3
2.3
Relationship of the Parties . . . . . . . . . . . . 3
2.4
Reservations and Dedications. . . . . . . . . . . . 3
2.5
Term . . . . . . . . . . . . . . . . . . . . . . . 4
3.12
2.5.1 Force Maj eure . . . . . . . . . . . . . . . . 4
2.6
Discretion to Encumber . . . . . . . . . . . . . . 4
III. DEVELOPMENT OF THE PROPERTY . . . . . . . . . . . . . . 5
3.1
Allowed Uses. . . . . . . . . . . . . . . . . 5
3.1.1. Height, Size and Density of Use . . . . . 5
3.1.2. Proposition FF . . . ... . . . . . . . . . 5
3.2
Charity Golf Tournament . . . . . . . . . . . . . 5
3.3
Espola Road and Preliminary Old Coach Road
Improvements. . . . . . . . . . . . . . . . . . . 5
3.4
Traffic Improvement . . . . . . . . . . . . . . . 5
3.5
Fire Station Improvements . . . . . . . . . . . . 6
3.6
Park Trails . . . . . . . . . . . . . . . . . . . 6
3.7
Gnatcatcher Habitat . . . . . . . . . . . . . . . 6
3.8
Public Water . . . . . . . . . . . . . . . . . . . 6
3.9
Public Sewer . . . . . . . . . . . . . . . . . . . 6
3.10
Fire Hydrants and Road Access . . . . . . . . . . 6
3.11
Electrical Power . . . . . . . . . . . . . . . . . 6
3.12
Redevelopment Funds . . . . . . . . . . . . . . 6
3.13
Resolution of Completion . . . . . . . . . . . . . 7
3.14
Processing of Applications and Permits . . . . . . 7
3.15
Cooperation in Securing Government Permits . . . . 7
3.16
Eminent Domain . . . . . . . . . . . . . . . . . . 7
3.17
Development Review . . . . . . . . . . . . . . . . 8
3.18
Amendments to Development Documents . . . . . . . 8
IV. FINANCING OF PUBLIC FACILITIES . . . . . . . . . . . . . 8
4.1
Restriction on Special Districts . . . . . . . . . 8
i
V. CHANGES IN LAW . . . . . . . . . . . . . . . . . . . . . 9
5.1 Requirements in Conflict with The Specific
Development Plan . . . . . . . . . . . . . . . . . 9
5.2 Changes in Federal and State Law . . . . . . . . . 9
5.3 Application of Subsequently Revised Application,
Processing, and Inspection Fees . . . . . . . . . . 10
5.4 Subsequent Approvals and Permits of City . . . . . 10
5.5 Periodic Review of Compliance . . . . . . . . . . . 10
VI. VESTING OF DEVELOPMENT RIGHTS . . . . . . . . . . . . . 11
6.1 General Statement . . . . . . . . . . . . . . . . . 11
6.2 Existing Rules to Govern . . . . . . . . . . . . . 11
6.3 Permitted Conditions and Fees . . . . . . . . . . . 12
VII. AMENDMENT, ASSIGNMENT OR TERMINATION . . . . . . . . . . 12
7.1 Amendment . . . . . . . . . . . . . . . . . . . . . 12
7.1.1. Public Hearing . . . . . . . . . . . . . . 12
7.1.2. Nonsubstantial Amendments . . . . . . . . . 12
7.2 Assignment . . . . . . . . . . . . . . . . . . . . 13
VIII. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . 13
8.1
Venue . . . . . . . . . . . . . . . . . . .
. . . 13
8.2
Applicable Law . . . . . . . . . . . . . . .
. . . 13
8.3
Attorney's Fees . . . . . . . . . . . . . .
. . . 13
8.4
No Waiver . . . . . . . . . . . . . . . . .
. . . 13
8.5
Private Project . . . . . . . . . . . . . .
. . . 13
8.6
Utility Capacity . . . . . . . . . . . . . .
. . . 13
8.7
No Agency Created . . . . . . . . . . . . . .
. . . 14
8.8
No Third Party Beneficiaries . . . . . . . .
. . . 14
8.9
Covenant of Good Faith and Fair Dealing . .
. . . 14
8.10
Consent . . . . . . . . . . . . . . . . . .
. . . 14
8.11
Enforcement . . . . . . . . . . . . . . . .
. . . 14
8.12
Notices . . . . . . . . . . . . . . . . . .
. . . 14
8.13
Remedies . . . . . . . . . . . . . . . . . .
. . . 15
8.13.1 Exception . . . . . . . . . . . .
. . . 15
8.14
Entire Agreement . . . . . . . . . . . . . .
. . . 15
8.15
Severability . . . . . . . . . . . . . . . .
. . . 15
8.16
Counterparts . . . . . . . . . . . . . .
. . . 15
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DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT ( "Development Agreement ") is
made and entered into by and between the CITY OF POWAY, a
municipal corporation organized and existing under the laws of
the State of California ( "City "), and ENVIRONMENTAL DEVELOPMENT,
LTD., a California limited partnership ( "Developer ").
I.
RECITALS
1.1 Statutory Authority. California Government Code
Sections 65864, et sea., provides that the legislative body of a
city may enter into a development agreement for the development
of real property in order to vest certain rights in the developer
and to meet certain public purposes of the local government. :The
City Council for the City, has previously adopted Ordinance No.
177 establishing procedures and requirements for the approval of
development agreements. Such ordinance has been made a part of
the Poway Municipal Code as Chapter 17.53. The Developer has
applied to the City pursuant to California Government Code
Sections 65864- 65859.5, and City's Ordinance No. 177 for approval
of a development agreement providing for the agreements of the
parties set forth herein.
1.2 Subject Property. The City and the Developer
desire to enter into this Development Agreement in order to
facilitate the development of certain property (the "Property ")
known as the Old Coach Golf Estates (the "Development ") and more
fully described in Exhibit "A" and shown on the map set forth on
Exhibit "B ", both attached hereto. Such development shall be in
accordance with the Planned Community Specific Development Plan
89-01 and any subsequent amendments or revisions thereto
( "Specific Development Plan ") and the final Environmental Impact
Report ("EIR") for the Old Coach Golf Estate Planned Community
(the "Planned Community "), approved by the City pursuant to
resolution on May 15, 1990, and on file with the City Clerk and
incorporated herein by reference, Resolution of Approval No.
P -90 -34 for Tentative Tract Map ("TTM") 89 -13, Resolution of
Approval No. [p -go -cal ] for Revised Tentative Tract Map ("RTTM")
89 -13 -R, and Resolution of Approval No. [ P -90 -91 ] for Conditional
Use Permit ( "CUP ") 90 -13.
1.3 Notice and Consistency. The City has given notice
of intention to adopt this Development Agreement, has conducted
public hearings thereon pursuant to California Government Code
Section 65867, and the City's Ordinance No. 177 and has found
that the provisions of this Development Agreement and its
purposes are consistent with the objectives, policies, general
land uses and programs specified in the City's general plan and
the Planned Community.
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1.4 Approvals. OnNgvember 27.1990, the City adopted its
Ordinance No. : 327 _ approving this Development Agreement,
and said ordinance became effective on December 27, 1990 In
connection with its approval of the Specific Development Plan, an
Environmental Impact Report ("EIR ") was prepared and certified by
the City pursuant to a resolution on May 15, 1990. TTM No. 89 -13
with respect to the Property was approved by the City on May 15,
1990. RTTM No. 89 -13 -R with respect to the Property was
approved by the City on November 27 , 1990. CUP No. 90 -13
with respect to the Property was approved by the City on
November 27 1990. The Agreement Respecting Irrigation
Water made as of December 12 , 1990, was entered into by
-the City of; Poway &-Deve -leper and is herein incorporated by
reference and thus made part of this Development Agreement.
1.5 Infrastructure Costs and Need for Certainty. The
Property is a largely vacant area almost totally lacking in
required infrastructure improvements. Development of the
Property will require the Developer to construct substantial
permanent public improvements early in the development and
construction process. Certain development risks and
uncertainties associated with the long term nature of the
Development, including the cost of the portion of these public
improvements required to be installed at the inception of the
Development, could discourage and deter the Developer from making
the long term commitments necessary to develop fully the
Property; therefore, the parties desire 'to enter into this
Development Agreement in order to reduce or eliminate
uncertainties over which the City has control.
1.6 Applicable Standards. The City and the Developer
desire to establish as the standards in effect throughout the
term of Development contemplated herein, the applicable zoning
regulations, design guidelines, building standards, and all other
development policies or regulations relative to the Development
as the same exist as of the date of approval of this Development
Agreement.
1.7 Reliance of Developer. The Developer is relying
on the rights vested by this Development Agreement and the City
recognizes that the Developer might be subject to substantial
liability if the City were to alter or interfere with such
rights.
1.8 Mutual Consideration. The City will receive
substantial benefits as a result of development of the Property
in accordance with the Specific Development Plan including:
residential housing of a very low density that promotes the
aesthetic quality desired by the City and the community; a
27 -hole championship golf course; dedication, preservation and
enhancement of the Sycamore Creek area; dedication of undisturbed
open space; enhancement of the financial base of the City through
increased assessed valuation for the Redevelopment Agency of the
City; the installation of needed public infrastructure
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improvements, including a total infrastructure system for roads,
water, sewer, utilities and drainage. This Development Agreement
also will promote and encourage the development of the Property
by providing the Developer and its creditors with a greater
degree of certainty of the Developer's ability to complete
expeditiously and economically the development effort, and the
parties agree that the consideration to be received by the City
pursuant to this Development Agreement and the rights secured to
the Developer hereunder constitute sufficient consideration to
support the covenants and agreements of the City and the
Developer.
II.
GENERAL PROVISIONS
2.1 Binding Effect of Development Agreement. This
Development Agreement pertains to the Property as described in
Exhibit "A ". The burdens of this Development Agreement are
binding upon, and the benefits of this Development Agreement
inure to, all successors in interest of the parties to this
Development Agreement, and constitute covenants which run with
the Property, and in order to provide continued notice thereof,
this Development Agreement will be recorded by the parties.
2.2 Exercise of Governmental Powers. The City
acknowledges that by electing to enter into contractual
agreements such as this one, the obligations of which shall
survive beyond the term or terms of the present City Council
members, that such action will serve to bind the City and future
City Councils to the obligations thereby undertaken, and this
Development Agreement shall limit the future exercise of certain
governmental and proprietary powers of the City. By obligating
the City pursuant to this Development Agreement, the City Council
has elected to exercise certain governmental and proprietary
powers at the time of entering into this Development Agreement
rather than deferring its actions to some undetermined future
date. The terms and conditions of this Development Agreement
have undergone extensive review by the City and its City Council
and have been found to be fair, just and reasonable, and the City
has concluded that the economic interests of its.citizens and
the public health, safety and welfare will be best served by
entering into this obligation.
2.3 Relationship of the Parties. It is hereby
specifically understood and acknowledged that the Development is
a private project and that neither the City nor the Developer
will be deemed to be the agent of the other for any purpose
whatsoever.
2.4 Reservations and Dedications. It is hereby
further understood and agreed that except in connection with the
conditions imposed in connection with the approval of TTM 89 -13,
RTTM 89 -13 -R, or CUP 90 -13, no reservations or dedications of
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land within the Development shall be required by the City, nor
shall the City require the Developer to install and /or pay for
any on -site or off -site improvements or facilities except as
expressly provided in TTM 89 -13, RTTM 89 -13 -R, or CUP 90 -13 as
part of the conditions imposed in connection with the approval of
TTM 89 -13, RTTM 89 -13 -R, or CUP 90 -13, or as otherwise agreed to
in writing by the City and the Developer.
2.5 Term. The original term ( "Term ") of this
Development Agreement is ten (10) years fromthe date of
execution; provided, however, this Development Agreement shall be
deemed cancelled and of no further force or effect with respect
to any legal lot within the Development upon the completion of
all building and related improvements within the individual phase
of development which includes any such lot. Upon any such
completion, either party may request the other to execute
documentation confirming such cancellation, the approval of which
shall not be unreasonably withheld or delayed. It has been, and
continues to be understood and agreed that, if, at the end of the
Term, the Developer is in the process of developing the Property
and the construction of at least fifty percent (50 %) of the
required infrastructure improvements have been completed, the
Term shall be extended until such construction is completed, not
to exceed an additional five (5) years after expiration of the
Term. Pursuant to California Government Code Section 66452.6,
TTM 89 -13 and RTTM 89 -13 -R shall also be extended so that they
shall remain valid for a period equal to the Term, as may be
extended by this Development Agreement.
2.5.1 Force Maieure. If the Developer has
proceeded in good faith, but has been prevented from
developing the Property within the time frames set forth in
this Paragraph by circumstances beyond its control,
including but not limited to strikes, lockouts,
unavailability of materials, riots, civil insurrection,
abnormal forces of elements, judicial injunctions, Acts of
God, or delays caused by the City, or other local, State or
Federal agencies, the Term shall be extended for an
additional period equal to the period of such delay or
delays.
2.6 Discretion to Encumber. This Development
Agreement shall not prevent or limit the Developer in any manner,
at the Developer's sole discretion, from encumbering the Property
or any portion of any improvement thereon by any mortgage, deed
of trust or other security device securing financing with respect
to the Property. The City acknowledges that the lenders
providing such financing may require certain modifications to
this Development Agreement and the City agrees, upon request,
from time -to -time, to meet with the Developer and /or
representative of such lenders to negotiate in good faith any
such request for modification. The City further agrees that it
will not unreasonably withhold its consent to any such requested
modification.
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III.
DEVELOPMENT OF THE PROPERTY
3.1 Allowed Uses. The Developer shall be entitled to
develop the Property in accordance with the Specific Development
Plan adopted by City Council on May 15, 1990.
3.1.1. Height, Size and Density of Use. With
respect to any building(s) which the Developer proposes to
construct as part of the Development which would result in a
density or intensity which is equal to or less than that set
forth in the Specific Development Plan and /or for which the
proposed size, and /or height is equal to or less than that
set forth in the Specific Development Plan, no consent or
approval of the City or any department thereof shall be
required; provided, however, development review shall be
conducted pursuant to Chapter 17.52 of the Poway Municipal
Code and all required building permits shall be obtained.
3.1.2. Proposition FF. The City and the
Developer agree to be bound by the terms and conditions of
Proposition FF passed by the voters of the City of Poway on
November 8, 1988, and Ordinance No. 283 enacted pursuant
thereto.
3.2 Charity Golf Tournament. The Developer and its
successors in interest agree to sponsor a charity benefit golf
tournament each year to raise money for the continuing support of
the Blue Sky Ranch Preserve, the City's public library system,
the Performing Arts Center, or any other non - profit charitable
organization designated by the City. The first annual tournament
shall be held within one year of the opening of the Old Coach
Golf Course, and in no event later than July 1, 1995. Each
tournament shall be guaranteed by Developer and its successors in
interest to raise a minimum of Twelve Thousand Five Hundred
Dollars ($12,500.00).
3.3 Espola Road and Preliminary Old Coach Road
Improvements. The Developer and its successors in interest agree
that, prior to July 1, 1992, the Developer will improve Espola
Road in accordance with the conditions contained in Resolution
No. P -90 -34 for TTM 89 -13. In addition, that portion of Old
Coach Road fronting the fire station shall be realigned to
intersect with Espola Road at the four way intersection and
traffic signal as shown on TTM 89 -13 and as further shown on
Exhibit "C" to this Development Agreement.
3.4 Traffic Improvement. The
successors in interest agree that, prior
Developer will install a traffic signal
Old Coach and Espola Roads.
61
Developer and its
to July 1, 1992, the
at the intersection of
1369
.
3.5 Fire Station Improvements. The Developer and its
successors in interest agree that, prior to July 1, 1994, the
Developer will landscape those portions of the fire station site
affected by the Development and permanently provide, for the
maintenance of such landscaping.
3.6 Park Trails. The Developer and its successors in
interest agree that, prior to July 1, 1994, the Developer will
complete those portions of the San Dieguito River Valley Regional
Trail and the local Blue Sky Trail linkages that are located
within the boundaries of the Development.
3.7 Gnatcatcher Habitat. The Developer and its
successors in interest agree that, prior to the issuance of any
grading permit for the Development, the Developer will pay the
sum of Three Hundred Thirty Five Thousand Dollars ($335,000.00)
to the City which funds shall be used by the City to acquire
suitable habitat for the California Gnatcatcher. The City shall
dedicate and maintain all property acquired pursuant to this
Section 3.7 as undisturbed wildlife habitat. The Developer's
contribution under this Section 3.7 shall not necessarily
constitute full satisfaction of the Developer's offsite'
mitigation requirements identified in the EIR and made a
condition of the Project by the City but shall be credited toward
such offsite mitigation requirements.
3.8 Public Water. The Developer and its successors in
interest agree that, prior to July 1, 1994, the Developer will
install a public water system within the boundary of the
Development that is ready for connection to, and with capacity to
serve, all properties within the City which have direct access
from Old Coach Road or Old Coach Way ( "Adjoining Properties ").
3.9 Public Sewer. The Developer and its successors in
interest agree that, prior to July 1, 1994, the Developer will
install a public sewer system within the boundary of the
Development that is ready for connection to, and with capacity to
serve, the Adjoining Properties.
3.10 Fire Hydrants and Road Access. The Developer and
its successors in interest agree.that, prior to July 1, 1994, the
Developer will install fire hydrants and paved road access within
the boundary of the Development that is ready for connection to,
and with capacity to serve, the Adjoining Properties.
3.11 Electrical Power. The Developer and its
successors in interest agree that, prior to July 1, 1994, the
Developer will install a public electrical power system within
the boundary of the Development that is ready for connection to,
and with capacity to serve, the Adjoining Properties.
3.12 Redevelopment Funds. Because the Development
will substantially improve the value of the land with a 27 -hole
championship golf course, clubhouse facilities and 156 large lot
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estate homes, the assessed tax value of the land will
substantially increase. Whereas the Poway Redevelopment Agency
receives one percent of the increased assessed value of the land
for application to the Paguay Redevelopment Area, and some people
have estimated the increased value of the land if developed in
accordance with the Specific Development Plan to be as high as
one hundred fifty -seven million dollars ($157,000,000.00), the
Poway Redevelopment Agency could receive as much as one million
five hundred seventy thousand dollars ($1,570,000.00) in annual
redevelopment funding.
3.13 Resolution of Completion. Promptly after
completion of any public improvements, facilities, or services
set forth in this Development Agreement, the City shall provide
the Developer with an instrument so certifying, in the form and
substance to enable it to be recorded in the official records of
the City. The certification is a conclusive determination that
the obligation of the Developer under this Development Agreement
has been met with respect to the public improvements, facilities
or services for which the certificate is issued.
3.14 Processing of Applications and-Permits. The City
will accept the processing and review of all development
applications and permits or other entitlements with respect to
the development and the use of the Property on an expedited basis
and in accordance with this Development Agreement. It is
understood by the parties to this Development Agreement that,
pursuant to existing law, certain permits and development review
approvals may not remain valid for the term of this Development
Agreement. Accordingly, the Developer shall have the right to
file extensions or new permit or development review applications
on portions of the Development where such previously approved
permits or development review approvals are about to expire or
have expired. Any such permit or development review application
filed for the Development shall be reviewed in accordance with
the Specific Development Plan and the law in effect as of the
date of approval of this Development Agreement.
3.15 Cooperation in Securing Government Permits. The
City shall cooperate with the Developer in securing for the
Developer all permits which may be required by the City or any
other federal or state governmental agency.
3.16 Eminent Domain. If, as a condition of any map or
other approval, the City requires the vacation or relocation of
existing easements or the improvement of, or entry upon, land not
owned by the Developer or the City, the Developer will make a
good faith effort to secure the property through a negotiated
purchase. Upon notice from the Developer that the Developer has
been unable to secure the required property by purchase, the City
shall promptly commence eminent domain proceedings to secure the
property. In the event the City fails to exercise its right of
eminent domain to the extent authorized by law, the condition
requiring the property, or entry, upon property, shall be deemed
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waived without further action of either party to this Development
Agreement. Costs of acquisition of land or any interest in land
not owned by the Developer shall be paid by the Developer in
accordance with the terms of a reimbursement agreement which the
City and the Developer shall enter into prior to the City taking
any action under this paragraph.
3.17 Development Review. Nothing set forth herein .
shall impair or interfere with the right of the City to require
the processing of building permits as required by law and to
conduct its development review of any specific improvements
proposed for the Development pursuant to Chapter 17.52 of the
Poway Municipal Code; provided, however, no such review shall
authorize or permit the City to impose any condition and /or
withhold approval to any proposed building the result of which
would be inconsistent with any term or provision of this
Development Agreement and it is hereby further agreed that the
basis for the City's development review shall be limited to
architectural design and compatibility with the remainder of the
Development. It is further agreed that the City shall in all
events provide reasonable alternatives to the design and layout
of any proposed building or structure rather than to disapprove
any proposed building or structure.
3.18 Amendments to Development Documents. Any
amendments or revisions of TTM 89 -13, RTTM 89 -13 -R, CUP 90 -13, or
any existing or subsequently granted development approvals, that
are consistent with the Specific Development Plan, shall be made
in conformance with those rules, regulations, policies,
initiatives and ordinances in effect as of the date of approval
of this Development Agreement. No amendment or revision of TTM
89 -13, RTTM 89 -13 -R, CUP 90 -13, or any development approval shall
include any conditions, or any requirements for reservation or
dedication of property, not previously provided for in TTM 89 -13,
RTTM 89 -13 -R, or CUP 90 -13.
IV.
FINANCING OF PUBLIC FACILITIES
4.1 Restriction on Special Districts. The City and
the Developer do hereby covenant and agree that during the term
of this Development Agreement, no special tax or assessment
district, other than the existing Paguay Redevelopment Area,
which includes property owned by the Developer in the
Development, will be created by the City or any agency or
instrumentality of the City by ordinance, resolution, initiative
or any other mechanism, unless the Developer expressly then
grants such authority and concurs in the creation of said
district and the terms and conditions of assessments or special
taxes to be levied thereunder.
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V.
CHANGES IN LAW
5.1 Requirements in Conflict with The Specific
Development Plan. The Developer shall be entitled to develop the
Property in accordance with the Specific Development Plan. The
Property shall not be subject to any subsequently enacted
amendment of the City's general plan, specific plan, public
facilities plan, or similar plan which alters, or is in conflict
with, the Specific Development Plan. Additionally, development
of the Property shall not be subject to any subsequently enacted
development ordinances, policies, rules, regulations or standards
that conflict with the Specific Development Plan. Finally,
development of the Property shall be exempt from any subsequently
enacted initiative or ordinance which limits the number of
building permits which may be issued in any year. In Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), the
California Supreme Court held that the failure of the parties to
provide for the timing of development resulted in a later adopted
initiative restricting the time of development to prevail over
the development agreement of the parties. It is the intention of
the parties to this Development Agreement to cure that deficiency
by specifically providing that the Developer shall have the right
to develop the Property in such order, at such rate, and at such
time as the Developer deems appropriate subject only to the
provisions of this Development Agreement. As a material part of
this Development Agreement, the City agrees that it will not,
except as otherwise specifically authorized by this Development
Agreement, determine, or seek to have a judicial determination
made, that the Property is subject to any subsequently enacted
initiative or ordinance regulating the number of building permits
which may be issued in any year.
5.2 Changes in Federal and State Law. The Property
may be subject to subsequently enacted state or federal laws or
regulations which preempt local regulations, or mandate the
adoption of local regulations, and are in conflict with the
Specific Development Plan, or this Development Agreement. Upon
discovery of a subsequently enacted federal or state law meeting
the requirements of this section, each of the parties to -this
Development Agreement shall provide the other party with written
notice of the state or federal law or regulation, provide a copy
of the law or regulation, and a written statement of conflicts
with the provisions of this Development Agreement. Promptly
thereafter the parties shall meet and confer in good faith in a
reasonable attempt to modify this Development Agreement, as
necessary, to comply with such federal or state law or
regulation. In such negotiations, the parties agree to preserve
the terms of this Development Agreement and the rights of the
Developer as derived from this Development Agreement to the
maximum feasible extent while resolving the conflict. The City
agrees to cooperate with the Developer in resolving the conflict
9
•
1373
in a manner which minimizes any financial impact of the conflict
upon the Developer.
5.3 _Application of Subsequently Revised Application
Processing and Inspection Fees. The Developer is subject to
application, processing, and inspection fees that are revised
during the term of this Development Agreement, provided that:
(1) such fees apply to all similar projects or permits within the
City; (2) their application to the Property is prospective only
as to applications for building and other development permits or
approvals of tentative subdivision maps not yet accepted for
processing; and (3) their application would not prevent
development in accordance with Section 3.2.
5.4 Subsequent Approvals and Permits of City. The
City shall not require the Developer to obtain any further
discretionary approvals or discretionary permits for the
development of the Property in accordance with the applicable
Specific Development Plan during the terms of this Development
Agreement unless such approvals or permits, other than those
allowed by the Specific Development Plan, are required by the
rules, regulations and official policies of the City in force at
the date of this Development Agreement or by the applicable
Specific Development Plan. In the event any further approvals or
permits are required by the City for the development of the
Property during the term of this Development Agreement, the City
agrees to grant all such approvals or permits to the Developer
provided (i) the development authorized by such approvals or
permits is in substantial conformance with the Specific
Development Plan; and (ii) the Developer has complied with the
rules, requirements and regulations for obtaining such approvals
or permits in force at the date of this Development Agreement, or
as otherwise provided in this Development Agreement. The City
agrees that the terms, conditions and requirements for such
approvals or permits shall be established in light of the law
existing at the date of this Development Agreement and such
terms, conditions and requirements shall not prevent development
of the Property in substantial accordance with the Specific
Development Plan.
5.5 Periodic Review of Compliance. In accordance with
California Government Code Section 65865.1, the City Council
shall review this Development Agreement at least once each
calendar year hereafter. At such periodic reviews, the Developer
must demonstrate its good faith compliance with the terms of this
Development Agreement. The Developer's duty to demonstrate may
be satisfied by the presentation to the City Council of (1) a
written report identifying the Developer's performance or the
reasons for its excused performance, of the requirements of this
Development Agreement, or (2) oral or written evidence presented
at the time of review. The parties recognize that this
Development Agreement and the documents incorporated herein could
be deemed to contain thousands of requirements (i.e.,
construction standards, landscape standards, etc.) and that
10
1374
evidence of each and every requirement would be a wasteful
exercise of the parties' resources. Additionally, the parties
recognize and acknowledge that this Development Agreement is not
intended to impose on the Developer any specific schedule for the
development, but rather is intended to enable the Developer to
develop the Property consistent with the Planned Community.
Accordingly, the Developer shall be deemed to have satisfied its
duty of demonstration when it presents evidence of its good faith
effort to avoid the violation of any term of the Specific
Development Plan. In this regard, it is hereby agreed and
acknowledged that the Developer shall be deemed to be in
compliance with this Development Agreement notwithstanding the
fact that subsequent to the most recent periodic review, the
Developer has not undertaken any development on the Property or
has undertaken development which is slower than that set forth in
any "pro forma" schedule, so long as market, financing, building
or other conditions and factors then prevailing suggest that the
schedule actually followed by the Developer is reasonably prudent
under the circumstances. Generalized statements of evidence
shall be accepted in the absence of evidence that such evidence
is untrue. Either party may address any requirements of this
Development Agreement; provided, however, that the City shall
provide ten (10) days notice of any requirement that it desires
to be addressed by the Developer prior to taking action on the
annual review. At the conclusion of such periodic annual review,
the City Council's finding of good faith compliance by the
Developer shall conclusively determine said issue up to the date
of such findings for the purposes of future periodic reviews or
legal action between the parties. The City further agrees to
permit the Developer a reasonable period of time within which to
effect the cure of any failure on the Developer's part to comply
in good faith with the terms of this Development Agreement.
VI.
VESTING OF DEVELOPMENT RIGHTS
6.1 General Statement. As a material inducement to
the Developer and its lenders to continue with diligent efforts
to promote the development of the Property, the City desires to
cause all development rights which may be required to develop the
Property consistent with the Planned Community to be deemed
vested in the Developer as of the date of approval of this
Development Agreement. To the greatest extent permitted by law,
the Developer is free of all discretionary rights of the City or
any body or agency thereof, except as herein provided, to impose
any subsequent restrictions or building moratoriums.
6.2 Existing Rules to Govern. In accordance with the
terms of California Government Code Section 65866, the City and
the Developer agree that except as provided in this Development
Agreement, the ordinances, rules, regulations and official
policies of the City and its special districts and agencies,
including the Specific Development Plan (collectively, the
11
0 0
1375
"Existing Development Policies ") in effect as of the date of this
Development Agreement governing the design, density, permitted
land uses, improvement and construction standards applicable to
the Development shall govern during the Term of this Development
Agreement. No amendment to any of the Existing Development
Policies of the City adopted by the City Council or other body or
agency authorized to make such determination on behalf of the
City shall be effective or enforceable by the City with respect
to the Development, its design, grading, construction,
remodeling, use or occupancy, schedule of development, or with
respect to the Developer or its successors or assigns.
6.3 Permitted Conditions and Fees. The City agrees
that at the time of granting any subsequent discretionary
approvals, or issuing any permits, in connection with the
Development or any part thereof, it shall not impose assessments,
fees, taxes or exactions, other than those application,
processing and inspection fees identified in Paragraph 5.3 of
this Development Agreement, the assessments, fees, taxes or
exactions specifically included in the City's ordinances,
resolutions and written policies in effect as of the date of
approval of this Development Agreement, or as set forth in the
Specific Development Plan, as may be adjusted annually by the
City in proportion to annual, cumulative increases in the
Consumer Price Index for All Urban Consumers - San Diego County
Area, as published by the United States Department of Labor,
Bureau of Labor Statistics.
VII.
AMENDMENT ASSIGNMENT OR TERMINATION
7.1 Amendment. This Development Agreement may be
amended or cancelled in whole or in part only by mutual consent
of the parties and in the manner provided in California
Government Code Sections 65868, 65867 and 65867.5.
7.1.1. Public Hearing. Any amendment to this
Development Agreement which does not relate to the term,
permitted uses, density or intensity of use, height or size
of buildings, provisions for reservation of land,
conditions, terms, restrictions and requirements relating
to, subsequent discretionary actions, or any conditions or
covenants relating to the use of the Development shall not
require a public hearing before the parties execute an
amendment hereto;
7.1.2. Nonsubstantial Amendments. Any non -
substantial deviations from the terms of this Development
Agreement do not require an amendment to this Development
Agreement. Before any such non - substantial deviation is
implemented, the other party must be given notice of such
contemplated deviation. Such deviations which are not
12
0
0
1376
consented to will require submission to the amendment
process.
7.2 Assignment. The Developer has had and continues
to have the right to sell, assign, or transfer all of its
interest in the Property along with all its right, title and
interest in and to this Development Agreement to any person, firm
or corporation at any time during the term of this Development
Agreement without the consent of the City.
VIII.
MISCELLANEOUS
8.1 Venue. In the event of any legal or equitable
proceeding to enforce or interpret the term or conditions of this
Development Agreement, the parties agree that venue shall lie
only in the federal or state courts in the County of San Diego,
State of California.
8.2 Applicable Law. This Development Agreement, and
any disputes relating to this Development Agreement, shall be
construed under the laws of the State of California.
8.3 Attorney's Fees. In the event of any legal or
equitable proceeding to enforce or interpret the terms of this
Development Agreement, the prevailing party shall be entitled to
all reasonable attorney's fees and costs in addition to any other
relief granted by law. ,
8.4 No Waiver. The failure of either party to enforce
any term, covenant or condition of this Development Agreement on
the date it is to be performed shall not be construed as a waiver
of that party's rights to enforce this, or any other term,
covenant or condition of this Development Agreement at any later
date or as a waiver of any term, covenant or condition of this
Development Agreement.
8.5 Private Project. It is specifically understood
and agreed between the parties that development of the Property
is a private project and that the Developer shall have full power
and exclusive control of the Property.
8.6 Utility Capacity. On April 3, 1990, the City held
a public hearing at which it determined pursuant to City
Ordinance No. 304 that the City would allocate sufficient sewer
capacity for the Development. Accordingly, the City issued
Developer a Letter of Availability for Sewage Capacity on
June 11, 1990. The City hereby represents and reaffirms that it
has sufficient sanitary sewage capacity for the entire
Development. The City further agrees that it will not undertake
any act or neglect to perform any act or duty which would impair
or inhibit the Developer's receipt of any and all public utility
13
1377
services, the fees for which the Developer has paid or will pay
to the City for such services.
8.7 No Agency Created. Nothing in this Development
Agreement is intended to create a joint venture, partnership,
agency or common enterprise relationship of any kind between the
parties. Each party has determined to enter into this
Development Agreement as an independent contracting entity with
respect to the terms, covenants and conditions contained herein.
8.8 No Third Party Beneficiaries. This Development
Agreement is entered into for the sole protection and benefit of
the parties and their successors and assigns. No person who is
not a party to this Development Agreement shall have any right of
action based upon any provision of this Development Agreement.
8.9 Covenant of Good Faith and Fair Dealing. Neither
party shall do anything which shall have the effect of harming or
injuring the right of the other party to receive the benefits of
this Development Agreement. Each party shall further refrain
from doing anything which would render its performance, or the
performance of the other party, under this Development Agreement
infeasible. Each party agrees to do everything which this
Development Agreement contemplates that party shall do to
accomplish the objectives and purposes of this Development
Agreement.
8.10 Consent. Where the consent of either party is
required by this Development Agreement, such consent shall not be
unreasonably withheld.
8.11 Enforcement. Unless amended, cancelled, or
terminated as provided in Section VII of this Development
Agreement, this Development Agreement shall continue to be
enforceable by any party to it, notwithstanding a change in
general or specific plans, zoning, subdivision, building or other
regulations adopted by City which alter or amend the rules,
regulations or policies applicable to the Development.
8.12 Notices. Any notice or instrument required to be
given or delivered to either party to this Development Agreement
may be given or delivered by depositing the same in the United
States mail, certified mail, postage prepaid, addressed to:
City: City of Poway
Post Office Box 789
Poway, California 92074 -0789
Attn: James L. Bowersox, City Manager
Developer: Environmental Development Ltd.
Security Pacific Plaza
1200 Third Avenue, Suite 1324
San Diego, California 92101
Attn: Bruce E. Tabb
14
0
Notice of a change of address shall be delivered in the same
manner as any other notice provided herein, and shall be
effective three days after mailing by the above - described
procedure.
2378
8.13 Remedies. In the event a breach of this
Development Agreement occurs, irreparable harm is likely to occur
to the non - breaching party and damages may be an inadequate
remedy. To the extent permitted by law, therefore, it is
expressly recognized that specific enforcement of this
Development Agreement is a proper and desirable remedy.
8.13.1 Exception. The City's sole remedy for the
Developer's failure to satisfy the requirements of any of
Paragraphs 3.2 through 3.11 by the dates specified in those
Paragraphs is that the City may void this Development
Agreement by giving notice to that effect to the Developer
within thirty (30) days of such specified date.
8.14 Entire Agreement. This Development Agreement and
the exhibits herein contain the entire agreement between the
parties, and is intended by the parties to completely state the
Development Agreement in full. Any agreement or representation
respecting the matters dealt with herein or the duties of any
party in relation thereto, not expressly set forth in this
Development Agreement is null and void.
8.15 Severability. If any term, provision, condition,
or covenant of this Development Agreement, or the application
thereof to any party or circumstances, shall to any extent be
held invalid or unenforceable, the remainder of the instrument,
or the application of such term, provision, condition or covenant
to persons or circumstances other than those as to whom or which
it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Development Agreement
shall be valid and enforceable to the fullest extent permitted by
law.
8.16 Counterparts. This Development Agreement has
been executed in one or more counterparts, each of which has been
deemed an original, but all of which constitute one and the same
instrument.
15
1379
IN WITNESS WHEREOF, the undersigned have executed this
Development Agreement as of the day and year first above written.
"City" CITY OF POWAY
By. O'n., — ) L,---
Don Hrggin:E�brigAayor of the
City of Poway
ATTEST:
Marjo ie K. Wahlsten,
City le k
FORM:
Steph Eckis,
City Xptorney
"Developer" ENVIRONMENTAL DEVELOPMENT, LTD., a
California limited partnership
By: Planned Real Estate
Investments, Inc., a
California corporation,
general partner
By:
Bruce E. Tabb, President
(Notarization Required)
16
0
IN WITNESS WHEREOF, the undersigned have executed this
Development Agreement as of the day and year first above written.
"City" CITY OF POWAY
ATTEST:
By:
Don Higginson, Mayor of the
City of Poway
Marjorie K. Wahlsten,
City Clerk
APPROVED AS TO FORM:
Stephen M. Eckis,
City Attorney
"Developer" ENVIRONMENTAL DEVELOPMENT, LTD., a
California limited partnership
By: Planned Real Estate
Investments, Inc., a
California corporation,
general partner
By:
Bruce E. Tabb, President
(Notarization required)
1380
sd58 \mbm \oldcoach \devlop10.agt 16 11/05/90 9:48am
CQRPCRATE ACKNICWLEDGME ,
* * * * * * * * * * * * * * * * * * * * * * * * * ** *138 * * * * * * * * **
* State of
* ,�) Cn this the
SS. _ day of 1946 before me,
* County of C June—
* the undersigned Notary Public, personally app ---rte '
*
hh
* o�zcTr s. s,r�,. Personally known to tt�
* JUNE BENNE ( i
TARV DIEGOC CALIFORNIA roved to me on the basis of satisfactory to
%r SAN DIEGO C.UUtTiY P evidence
Sy Comm. Expkea Aug. 1.1994
* be e persons) who executed the within instrument as
* - r �� �i'�'17t' or on behalf of the corperation
therein named, and acknowledged to mL that the corporation
* executed it,
* WITNESS my hand and official seal.
*
*
(5/84)
Legal Description of Property
PARCEL 1:
1382
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING EASTERLY OF A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2.WEST; THENCE SOUTH 33'00156" EAST, 816.25 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 40'43100" EAST, 89.98 FEET;
THENCE SOUTH 82'17100" EAST, 70.00 FEET; THENCE SOUTH 52'17100" EAST,
120.00 FEET; THENCE SOUTH 7043000" WEST, 105.29 FEET; THENCE NORTH
82'17100" WEST, 187.50 FEET; THENCE NORTH 14'17100" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14.17100"
WEST, 31.00 FEET; THENCE NORTH 40043100" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 2:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
NORTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF.
EXCEPT ALL CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 3:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF A
LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER
(LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF.
EXCEPT ALL CLAIMS OR RIGHTS TO WATER IN OR UNDER SAID LAND.
EXHIBIT "A"
Page 1 of 6
• • 1383
PARCEL 4A:
THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (LOT 1) OF
SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH
0'06110" WEST, 100.00 FEET; THENCE SOUTH 89053150" WEST, 200.00 FEET;
THENCE SOUTH 0'06110" EAST, 100.00 FEET MORE OR LESS TO THE SOUTH
LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE 200 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO.
335 (ESPOLA ROAD) AND THE CENTER LINE OF ROAD SURVEY NO. 722 (OLD
COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 722
NORTH 5'40137" EAST, 100.78 FEET TO THE TRUE POINT OF BEGINNING, ALSO
BEING AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY OF THE SAN
DIEGO AQUEDUCT; THENCE ALONG SAID AQUEDUCT RIGHT OF WAY LINE NORTH
37'24'41" WEST, 356.00 FEET; THENCE NORTH 25.30100" EAST, 241.29
FEET; THENCE SOUTH 64'30100" EAST, 234.52 FEET TO A POINT IN THE ARC
OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET,
SAID CURVE BEING THE CENTER LINE OF SAID SURVEY NO. 722; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL
ANGLE OF 19'4912311, A DISTANCE OF 345.98 FEET TO THE SOUTHERLY
TERMINUS THEREOF; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH
5'40'37" WEST, 68.34 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 4B:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOW:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0. 06110" WEST, 100.00 FEET;
THENCE SOUTH 89'53'50" WEST, 200.00 FEET; THENCE SOUTH 0006110" EAST
TO THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING
TO PLAT OF ROAD SURVEY NO. 335 ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER; THENCE ALONG SAID NORTH LINE SOUTH 83026148" EAST TO A LINE
WHICH BEARS SOUTH 0.06110" EAST FOR THE POINT OF BEGINNING; THENCE
NORTH 0'06110" WEST, 112.61 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING WITHIN SAID LOT 1 OF SECTION 30.
EXHIBIT "A"
Page 2 of 6
PARCEL 4C:
if 1384.
THAT PORTION OF LOT 1 IN THE NORTHWEST QUARTER OF SECi'IUN 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION -30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0'06110" WEST, 100.00 FEET;
THENCE SOUTH 89.53150" WEST, 200.00 FEET; THENCE SOUTH 0.06110" EAST,
100 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 1; THENCE
EASTERLY ALONG SAID SOUTH LINE, 200 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
PARCEL 5:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, LYING BETWEEN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER
(LOT 1) OF THE NORTHWEST QUARTER OF SAID SECTION 30, AND THE
NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING TO
THE PLAT OF ROAD SURVEY NO. 335, ON FILE IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, AS SAID SOUTHERLY LINE OF LOT 1 AND THE
NORTHERLY LINE OF ROAD SURVEY NO. 335 ARE SHOWN ON RECORD OF SURVEY
NO. 6721, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 3, 1966 AND LYING WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30;
THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0'06110" WEST, 100.00
FEET; THENCE SOUTH 89'53150" WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 0.06110" EAST TO
THE NORTH LINE OF SAID ROAD SURVEY NO. 335.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 6:
ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPT ALL WATER CLAIMS OR RIGHT TO WATER IN OR UNDER SAID LAND.
EXHIBIT "A"
Page 3 of 6
PARCEL 7:
1385
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IN
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF'SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER OF SECTION 24 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE
STREET ", OF VALLE VERDE COUNTRY' CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88'33117" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET; THENCE
NORTH 1'26143" EAST, 232.00 FEET TO THE BEGINNING OF TANGENT 550.00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'1615311, A DISTANCE OF
194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68'16124" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033132" WEST,
484.14 FEET; THENCE NORTH 4'02132" WEST, 280.84 FEET; THENCE NORTH
84'41138" EAST, 271.61 FEET; THENCE SOUTH 63.04142" EAST, 426.61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A
RADIAL LINE" TO SAID POINT BEARS__ NORTH 40'45'24" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27.3110011, A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 8:
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY OF A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2 WEST; THENCE SOUTH 33'00'56" EAST, 816.25 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 40'43100" EAST, 89.98 FEET;
THENCE SOUTH 82.17100" EAST, 70.00 FEET; THENCE SOUTH 52017100" EAST,
120.00 FEET; THENCE SOUTH 7'43100" WEST, 105.29 FEET; THENCE NORTH
82'17100" WEST, 187.50 FEET; THENCE NORTH 14017100" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14'17100"
WEST, 31.00 FEET; THENCE NORTH 40.43100" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
EXHIBIT "A"
Page 4 of 6
0
PARCEL 9:
1386
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST,SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE
STREET ", OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88'33117" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT J, A DISTANCE OF 30.00 FEET; THENCE
NORTH 1'26143" EAST, 232.00 FEET TO THE BEGINNING OF A TANGENT 550.00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'16153114, A DISTANCE OF
194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68'16124" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033132" WEST,
484.14 FEET; THENCE NORTH 4'02132" WEST, 280.84 FEET; THENCE NORTH
84'41138" EAST, 271.61 FEET; THENCE SOUTH 63'04142" EAST, 426.61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A
RADIAL LINE TO SAID POINT BEARS NORTH 40'45124" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27'311001', A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF
BEGINNING, CONTAINING AN AREA OF 4.11 ACRES, MORE OR LESS.
PARCEL 10:
THE SOUTHWEST QUA]
NORTHWEST QUARTER
NORTHEAST QUARTER
NORTHWEST QUARTER
TOWNSHIP 13 SOUTH,
THE COUNTY OF SAN
PLAT THEREOF.
,ITER OF SECTION 18; THE NORTHEAST QUARTER OF THE
OF SECTION 19; THE NORTHWEST QUARTER OF THE
OF SECTION 19; THE NORTHEAST QUARTER OF THE
OF THE NORTHWEST QUARTER OF SECTION 19; ALL IN
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
ALSO: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
WESTERLY OF THE CENTER LINE OF OLD. COACH ROAD, KNOWN AS COUNTY ROAD
SURVEY 722.
EXHIBIT "A"
Page 5 of 6
PARCEL 11:
1387
LOTS 1 AND 2 (THE WEST HALF OF THE NORTHWEST QUARTER) OF SECTION 19,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
EXCEPTING THAT PORTION LYING WITHIN THE BOUNDARY OF VALLE VERDE
COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960.
ALSO EXCEPTING THE NORTHEAST QUARTER OF SAID LOT 1.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 89 OF VALLE VERDE COUNTRY
CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 21, 1960;
THENCE ALONG THE EAST BOUNDARY OF SAID LOT 89, NORTH 01'00126" EAST,
130.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 89; THENCE LEAVING
THE BOUNDARY OF SAID LOT 89, SOUTH 88. 51134" SOUTH 88. 51134" EAST,
80.93 FEET; THENCE SOUTH 03017109" WEST, 130.09 FEET; THENCE NORTH
88051134" WEST, 76.06 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 12:
THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, THE
EASTERLY 792.00 FEET THEREOF.
PARCEL 13:
THE EASTERLY 792.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAP7
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXHIBIT "A"
Page 6 of 6
Map of Property
9 1388
EXHIBIT "B"
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