HomeMy WebLinkAboutFirst Amendment to Agreement to Defer Conditions of Approval
1 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TOrCity of Ternecula 43200 Business Park Drive P O Box 9033 Ternecula California 92589 9033 At1n City Clerk rnJ Exernot from recording
fees pursuant to Gov Code Section 27383 M Space above for recorder s use L FIRST AMENDMENT TO AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF APPROVAL UNTIL AFTER RECORDATION OF FINAL
MAP FOR TRACT NO 29353 2 ffiORIPAUGH RANCH SPECIFICPLAN Ashby USA LLC This Agreement is made and entered into as of June 28 2005 by and between the CITY OF TEMECULA amunicipal corporation
City and ASHBY USA LLC a California limited liability company Developer with respect to the following facts Recitals A Developer is the Developer of a portion of that certain real property
the Property located in the City of Temecula County of Riverside State of California and is generally known as Roripaugh Ranch which Property is more specifically described on Exhibit
A Legal Description of Property attached hereto and incorporated herein as though set forth in full Roripaugh Ranch is composed of Tract 29353 Tract 29353 is divided in to three phases
Tract 29353 1 Tract 29353 2 and Tract 29353 3 The Agreement and this First Amendment only affects Tract 29353 2 and Tract 29353 3 Tract 29353 1 is not a part of the Agreement or the
First Amendment and portions of Tract 29353 1 have been sold to merchant builders B On December 17 2002 the City and Developer entered into that certain agreement entitled Development
Agreement by and between the City of Temecula and Ashby USA LLC which Development Agreement was recorded on January 9 2003 in the Official Records ofRiverside County as Document No 2003
108567 Development Agreement 8425598 6 23 05
r C On December 17 2002 the City Council of the City of Temecula approved Tentative Tract Map No 29353 and other land use entitlements with certain conditions of approval which conditions
must be satisfied prior to the recordation of a final map for the Property the Conditions ofApproval D Condition No 96 of the Conditions of Approval requires that prior to the approval
of the Final Map for Tract No 29353 for the Property Construction drawings for all parks landscaped medians and proposed TCSD slope landscape maintenance areas shall be reviewed and
approved by the Director of Community Services prior to the approval of the respective final map Condition 96 E Condition No 97 of the Conditions of Approval requires that prior to the
approval of the Final Map for Tract No 29353 for the Property The developer shall post security and enter into an agreement to improve the public parks landscaped medians and proposed
TCSD slope landscaped maintenance areas prior to the approval of the respective final map Condition 97 F The improvements for which the Developer must obtain plans approved by the City
prior to recordation of the Final Map for the Property are 1 51 acre neighborhood park Lot 2 of Tract 29353 2 2 19 7 acre sports park Lot 9 of Tract 29353 2 3 perimeter slope landscape
for Temecula Community Services District maintenance areas on Murietta Hot Springs Road Butterfield Stage Road Nicolas Road North Loop Road South Loop Road A street and B street and
4 medians on Murietta Hot Springs Road Butterfield Stage Road North Loop Road and South Loop Road the Improvements The location of the Improvements are depicted on Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full G On September 23 2003 the City and Developer entered into that certain agreement entitled Agreement to Defer
Completion of Conditions of Approval Until After Recordation of Final Map for Tract 29353 2 which Agreement was recorded on September 24 2003 in the Official Records of Riverside County
as Document No 2003 744646 Agreement H The Agreement authorized Developer to record the final map for Tract 29353 2 prior to the fulfillment of Condition 96 and Condition 97 provided
certain action occurred The final tract map for Tract 29353 2 has been recorded and Developer now seeks further modifications of its obligations in order to permit recordation of the
final tract map for Tract 29353 3 Final Tract Map and further development plan applications for subsequent maps 1 Developer has completed the following pursuant to the Agreement 1 submitted
to the City construction plans and specifications for the Improvements except for the 19 7 acre sports park at Lot 9 of Tract 29353 2 Sports Park as otherwise required by Condition No
96 2 obtained approval of the Director of Community Services of the construction plans and specifications as required by Condition No 96 except for the Sports Park and 3 executed a lawful
valid and binding subdivision improvement agreement with the City and tendered a surety bond with a California admitted surety for the Improvements except for the Sports Park as required
by Condition No 97 8425598 6 23 05 2
T NOW THEREFORE in consideration of the foregoing recitals and the mutual promises contained herein and the Agreement Developer covenants promises and agrees for the benefit ofthe City
as follows 1 Recitals The above recitals and each of them are true and correct and are hereby incorporated by reference herein and made a part hereof 2 Section 2 of the Agreement is
hereby amended to read as follows 2 Compliance with Conditions of Approval Developer covenants and agrees to and in favor ofthe City that Developer shall 1 submit to the City construction
plans and specifications for the Improvements except for the 19 7 acre sports park at Lot 9 of Tract 29353 2 Sports Park as otherwise required by Condition No 96 2 obtain approval of
the Director of Community Services of the construction plans and specifications as required by Condition No 96 except for the Sports Park and 3 execute a lawful valid and binding subdivision
improvement agreement with the City and tender a surety bond with a California admitted surety for the Improvements except for the Sports Park as required by Condition No 97 These three
covenants shall be completed to the full satisfaction of the Director of Community Services prior to the issuance of the first residential building permit on the Property Developer acknowledges
and agrees that the items required by Conditions 96 and 97 must be submitted to and approved by the Director ofCommunity Services prior to the issuance of any residential building permit
on the Property even if the Improvements do not pertain to that portion of the Property for which a residential building permit is sought 3 Section 3 of the Agreement is hereby amended
to read as follows 3 Construction of Additional Communitv Improvements In consideration of the deferral of the requirements of Conditions 96 and 97 as described above Developer shall
undertake the following in accordance with the Agreement as amended by this First Amendment and the Conditions of Approval of Tract Map 29353 A In addition to its obligation to build
the restroom and concession structure at the Sports Park pursuant to the requirements of Section 4 2 1 of the Roripaugh Ranch Specific Plan Community Building Developer further agrees
to design and construct at is own expense an additional building located in the Sports Park Community Building II Developer shall submit plans and specifications to the City for the
Community Building II which shall include one thousand eight hundred 1 800 square feet of space for office uses a community room and storage space The plans and specifications shall
comply with all applicable local state and federal laws ordinances and regulations Developer shall submit such plans and specifications and obtain final City approval of such plans and
specifications prior to the issuance of the first residential building permit on the Property 8425598 6 23 05 3
iB Developer shall convey to the City additional one and four tenths 1 4 acres for the Sports Park in Planning Area 27 for atotal of twenty one and one tenth 211 acres of land The additional
14 acres shall to be conveyed to the City at the time the Sports Park is completed and conveyed to the City C Developer shall convey to the City the two and three tenths 23 acres of
land in Planning Area 33B and shall construct and install the improvements for a park and ride facility and trial head on said land The improvements shall include 1 construction of a
minimum of fifty 50 parking spaces for the park and ride and six 6 spaces for trailer parking 2 security lighting 3 passive recreational area with benches and tables 4 kiosk for interpretive
information for the open space area 5 drinking fountains 6 water for equestrians 7 staging area for equestrians and 8 landscaping All improvements shall be designed in accordance with
the landscaping standards of the Temecula Community Services District and all improvement plans shall be approved in writing by the Director of Community Services The City Manager shall
initiate proceedings to amend the Roripaugh Ranch Specific Plan to designate the appropriate land use for Planning Area 33B to accommodate these uses Developer shall not begin construction
of the improvements on Planning Area 33B until such time as the Specific Plan has been so amended and all statutes oflimitations relating to the amendment have lapsed D Developer shall
1 submit to the City construction plans and specifications for the Sports Park as otherwise required by Condition No 96 2 obtain approval of the Director of Community Services of the
construction plans and specifications for the Sports Park as otherwise required by Condition No 96 and 3 provide the necessary agreements and surety bonds for the Sports Park as required
by Condition 97 E The improvements approvals conveyances and other actions required by this section shall be completed to the satisfaction of the Director of Community Services prior
to the issuance of any residential building permit on the Property and City shall have no obligation to issue any residential building permits on the Property until such time as said
improvements approvals conveyances and other actions have been completed to the satisfaction of the Director of Community Services City acknowledges that the Developer is not required
to complete and convey the Sports Park until the 700 11 building permit is issued for the entire Roripaugh Ranch Specific Plan Area 4 Section 6 of the Agreement is hereby amended to
read as follows 6 Withholding Acceptance of Applications for Land Use Entitlements and Withholding of Building Permit Developer acknowledges and agrees that by allowing the Developer
to defer submitting construction plans obtaining City approval ofthe construction plans conveying required property to the City and obtaining bonding for the Improvements until after
recordation of the Final Tract Map City has severely limited its remedies in the event Developer fails to comply with the terms of this Agreement and which if not replaced could adversely
affect the public health safety and general welfare Developer 8425598 6 23 05 4
itherefore acknowledges and agrees that in the event Developer breaches this Agreement or any portion thereof or fails to submit and obtain the approval of the City for the construction
plans for the Improvements or fails to construct the additional improvements or fails to convey the additional land as described in Section 3 of the Agreement as amended by this First
Amendment the City has the legal authority to and may withhold the issuance of residential building permits or certificates of occupancy for the Property even if the Improvements do
not pertain to that portion of the Property for which a building permit is sought in addition to any other legal remedy the City may have under law 5 No Other Changes to Agreement Except
for the modifications to the Agreement as specifically set forth herein all other terms and provisions of the Agreement shall remain in full force and effect 6 Recordation of Covenant
The covenants of the Agreement and this First Amendment shall be recorded in the office ofthe County Recorder for the County ofRiverside 7 Covenant Runs With Land The Agreement and this
First Amendment shall be a covenant running with the land and shall be binding upon the Property and any future Developers of the Property or successors in interest of Developer and
shall run to the benefit of the City until this Covenant is released or modified by the City This Covenant shall run with the land and shall be aburden upon the Property and shall be
for the benefit of all real property owned or controlled by the City which is located in the City of Temecula County of Riverside and State of California This instrument is intended
to be a covenant running With the land and such intention shall be liberally construed in favor of the City Developer warrants and represents to the City that all actions necessary to
make this Agreement binding upon its successors and assigns to the Property have been completed and that this Agreement is binding upon Developer and its successors and assigns to the
Property 8 Entire Agreement Amendment The Agreement and this First Amendment contains the entire agreement of Developer relating to the rights herein granted and the burdens and obligations
herein assumed Any oral representations or modifications concerning this instrument shall be of no force or effect except for a subsequent modification in writing signed by the then
current Developer and lessee of the Property and by the City except for a termination hereof executed by the City This Covenant may not be amended modified or revoked without the written
consent ofthe City 8425598 6 23 05 5
IN WITNESS WHEREOF the parties hereto have executed this Covenant as of the day and year first above written CITY OF TEMECULA a municipal corporation Attest 2i I I 1 Approved As to Form
C i wf7 Pet M Thorson City Attorney J 1 1 II1 tfrf I to 8425598 6 23 05 6
ASHBY USA LLC a California limited liability company By Ashby Development Co Inc its Managing Partner By USA Investment Partners LLC a Nevada limited liability company its member h 1anowski
President
1 STATE OF NEVADA ss COUNTY OF CLARK On June 27 2005 before me Amanda Stevens personally appeared Joseph D Milanowski personally known to me or proved to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same and that by his signature on the instrument the person or the entity upon behalf of which the
person acted executed the instrument WITNE hand eal Ooiw a Notary Pubhc Amanda Stevens My Commission Expires 1 16 06 AMANOASTEIJENS NolaIY PlilIc SlaIe ofNIMI Il My EJpIraJIII 18
s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of R sricxlr On Junr 26 2005 before me Date personally appeared J U 11 5 i@NotaryPubllc Califomla Riverside Counly
m t Ja 2 7 ss lie Name and Tille of Officer e k Qshhll Name s of Signers IBpersonally known to me o proved to me on the basis of satisfactory evidence to be the person S whose name s
isiafe subscribed to the within instrument and acknowiedged to me that he et ey executed the same in his hellln ir authorized capacity ies and that by his hefIlIteir signature S on the
instrument the person s or the entity upon behalf of which the person s acted executed the instrument WiTNESS my hand and official seal P fY AI1 ru Signature of Nolary Public OPTIONAL
Though the information below is notrequired by law it may prove valuable to persons relying on the document and couldprevent fraudulent removaland reattachment of this fonn to anotherdocument
Description of Attached Document Title or Type of Document Document Date Signer s Other Than Named Above Capacity ies Claimed by Signer Signer s Name o Individual o Corporate Officer
Title s o Partner 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other Signer Is Representing Number of Pages Top 01 thumb here Q 1m National Notary Association
9350 De Solo Ave P O Box 2402 Chalsworth CA 91313 2402 www nationalnotary org Prod NQ 5907 Aoorder CaIlToll Free 80706 6827
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TRACTS 29353 2 AND 29353 3 8425598 6 23 05 8
Order No R 2260414 EXHIBIT A THE LAND REFERRED TO IN THIS REPORT IS SmJATED IN THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS PARCEL A THAT PORTION OF THE NORTH
HALF OF SECTION 20 TOWNSHIP 7 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN SHOWN AS NOT A PART ON PARCEL MAP ON FILE IN BOOK I PAGE 44 OF PARCEL MAPS RECORDS OF RIVERSIDE COUNTY
CALIFORNIA DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EAST LINE OF SAID NOTAPART SOUTH 0 33 55 WEST 91734 FEET FROM THE NORTIlEASTCORNER TIlEREOF THENCE NORTIl89 26 OS WEST 7764
FEET PARALLEL WITH THE SOUTH LINE OF SAID NOTA PART TO A POINT ON TIlE EAST LINE OF TIlE METROPOLITAN WATERDISTRICT RQlGHFT WAY SOUTH 12 32 02 WEST 1004 04 FEET FROMTHE NORTIlWEST CORNER
OF SAID NOT A PART TIlENCE SOUTH 12 32 02 WEST 278 15 FEET ON SAID EASTMETROPOLITAN WATER DISTRICT LINE TIlENCE SOUTH 89 26 OS EAST 829 32 FEET PARALLEL WITH SAID SOUTIl LINE TO A POINT
ON TIlE EASTLINE OF SAID NOT A PART SOUTH 0 33 55 WEST 1246 24 FEETFROM SAID NORTHEAST CORNER TIlENCE NORTIl0 33 55 EAST 272 11 FEET ON SAID EAST LINE TO TIlE POINT OF BEGINNING PARCEL
B THAT PORTION OF TIlAT PORTION OF TIlE EASTHALF OF SECTION 20 TOWNSHIP 7 SOUTIl RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN ACCORDINGTO TIlE OFFICIAL PLAT THEREOF SHOWN AS NOT A PART
AS PER MAP RECORDED IN BOOK I PAGES 44 45 AND 46 OF PARCEL MAPS IN THE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON TIlE EAST LINE OF SAID
NOT A PART SOUTH 0 33 55 WEST 1246 24 FEET FROM THE NORTIlEASTERLY CORNEROF SAID NOTA PART TIlENCE CONTINUING SOUTH 00 33 55 WEST ALONG SAID EASTERLY LINE 375 50 FEET TO A POINT TIlENCE
NORTH 89 26 OS WEST 904 FEET MORE OR LESS TO A POINT ON TIlE EASTERLY LINE OF LAND CONVEYED TO TIlE METROPOLITAN WATER DISTRICT OF SOU1llERN CALIFORNIA BY DEED RECORDED APRIL 24 1968
AS INSTRUMENTNO 37774 OFFICIAL RECORDS SAID POINT ALSO BEING THE NORTHWEST CORNER OF TIlATCERTAIN PARCEL CONVEYED TOMATCHAM REALTY BY DEED RECORDED OCTOBER 21 1971 AS INSTRUMENTNO 120094
OFFICIAL RECORDS TIlENCE ALONG SAID EASTERLY LINE NORTH 12 32 02 EASTRECORDED NO34R11l4I1 EAS1 383 24 FEET TO A POINT THATIS SOUTH 12 32 02 WEST OF RECORD SOUTH t2 34 14 WES1 1282 19
FEET FROM THE NORTHWEST CORNER OF SAID NOT A PART THENCE SOUTH 89 26 OS EAST829 32 FEET MORE OR LESS TO TIlE POINT OF BEGINNING PARCELC THATPORTION OF THAT CERTAIN PARCEL OF LAND DELINEATED
AND DESIGNATED NOT A PART ON A MAP FILED IN BOOK 1 PAGE 44 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY BEING A PORTION OF THE EAST HALF OF SECTION 20 TOWNSHIP 7
SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS COMMENCING ATTHE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF SAID SECTION 20 AS SHOWN ON PARCEL MAP
IN BOOK 1 PAGE 44 THENCE ALONG THE EAST LINE OF SAID SECTION SOUTH 0 33 55 WEST 1 6274 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 0 33 55 WEST 98 5 FEET THENCE NORTH
8926 OS WEST 928 FEET MORE OR LESS TO THE EASTERLY LINE OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24 1968 AS INSTRUMENT NO 37774
OF OFFICIAL RECORDS THENCE ALONG SAID EASTERLY LINE NORTH t2 32 02 EAST RECORDED NORTH 12 34 14 EAS1 100 FEET MORE OR LESS TO AN INTERSECTION ON A LINE BEARING NORTH 89 26 OS WEST FROM
THE TRUE POINT OF BEGINNING THENCE SOUTH 89 26 05 EAST 904 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING PARCEL D TIlENORTH HALF OF TIlE NORTH HALF OF SECTION 20 TOWNSHIP 7 SOUTH
RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN THE CITY OF TEMECULA COUNTY OF RIVERSIDE STATE OF CALIFORNIA ACCORDINGTO TIlE OFFICIAL PLAT THEREOF EXCEPTIONS CONTINUED111111111111111111111111111
1111I11111111111111111111111 2 3 744646 9 24 2 3 98 A
1 Order No R 2426041 EXCEPTING THEREFROM THATPORTION DESCRIBED AS FOLLOWS A STRIP OF LAND 70FEET WIDE IN THE NORTH HALF OF THE NORTH HALF OF SECTION 20 TOWNSHIP 7 SOUTH RANGE 2 WEST
SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 18 1860 SAID STRIPOf LAND 70 FEET WIDE LYING 17 FEET SOUTHEASTERLY AND 2 fEET NORTHWESTERLY
MEASURED AT RIGHT ANGLES fROMTHE fOLLOWING DESCRIBED SURVEY LINE BEGINNING AT A POINT ON THE NORTH LINE Of SAID SECTION 20 DISTANT THEREON NORTH 88 36 09 WEST 21147 FEET FROM THB NORTHBAST
CORNBR OF SAID SECTION 20 SAID POINT BEING ON A LINE WHICH IS PARALLEL WITH AND 17 FEET NORTIlWESTERL Y MEASURED ATRIGHT ANGLES FROM THE NORTIlWESTERLY LINE Of THE PERMANENT BASEMBNT
O FBET WIDE CONVEYED TO TIlE METROPOLITAN WATER DISTRICT Of SOUTHERN CALifORNIA BY DBED RECORDBD MARCH 7 1960 1N BOOK 2649 PAGE 317 Of OffICIAL RECORDS RIVERSIDE COUNTY RECORDS THENCE
CONTINUING ALONG A LINE PARALLEL WITII AND 17 fEET NORTHWESTERLY MEASURED AT RIGHT ANGLES fROM THE NORTHWESTERLY LINB OF SAID PERMANENT BASEMENTTHE fOLLOWING COURSBS AND DISTANCES SOUTH
20 14 43 WEST 664 24 FEET SOUTH 12 34 14 WEST 703 83 FEBT TO A POINT ONTHE SOUTH LINE OF SAID NORTH HALF Of THE NORTH HALfOF SECTION 20 DISTANTTHEREON NORTH 83 H 26 WEST 8131 FEBT FROM
THE SAOSU1THl CORNER OF THE SAID NORTH HALF OF THB NORTH HALF Of SECTION20 THE SIDE LINES OF SAID ABOVE DESCRIBED 70 FOOT WIDE STRIP Of LAND SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH AND SOUTH LINES RESPECTIVELY OF THE SAID NORTH HALfOF THE NORTH HALF OF SAID SECTION 20 ALSO EXCEPTINGTHEREFROM THATPORTION LYING WESTERLY
OF SAID 70 FOOT STRIPABOVE MENTIONED ALSO EXCEPTING THEREFROM THATPORTION AS CONVEYEDTO THE CITY OF TEMECULABY DEBD RECORDED MAY 22 2003 AS INSTRUMENTNO 2003 371374 OffiCIAL RECORDS
PARCEL E SECTION 21 TOWNSHIP 7 SOUTH RANGE 2 WEST SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF TEMECULA COUNTY OF RIVERSIDE STATE Of CALifORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF
EXCEPTING THEREfROM THAT PORTION AS CONVEYEDTO THE CITY OF TEMECULA BY DEED RECORDED MAY 22 2003 AS INSTRUMENTNO 2003 371374 OffiCIAL RECORDS 111111111111111111I111111111111111111111111111111111111
2 3 744646 S 24 2983 88 OaA
7 I I Ii J J i I i r w n I II J I II J 11 I II III V I I J I II J I I II 1 1 J TRAIL HEAD0lil l PARK RIDI r AI I I JJJJJ IJ 1 I iJ JJJ i II ip C p N v J L f vv I j7 J 14 ACRE ADDITION
J TO SPORTS PARK IJ IJ JjL mllo EXHIBIT B fiRST AMENDMENT TO DEFER C7Ol0MPNL OF CONDITIONS OF APPROVAL UNTIL AfTER RECORDA TlON OF fiNAL IMP FOR TRACT NO 29353 2 RORIPAUCH RANCH SPECIfiC
PIAN 1 I j I QJ Staffed Gated Entry Parkway Street Treatment Q North and Swth loop Road Trealmtnl I I lJ n londsroping