HomeMy WebLinkAboutContracts & Agreements_235B-2003_CCv0001.pdf Recorded in Official Recora .,unit'of San Bernardino 12108f2003
�� LARRY` WALKER Lma3 AM
RECORDING REQUESTED �gZ�, � Auditor/Controller — Recorder
BY AND WHEN'RECORDED '
RETURN TO: R Regular Mail
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City Clerk's Office Dock 2003—0907192 Titles: 1 Pages: 25
City of Redlands
Fees 0.00
v Past Office Box 3005
Redlands,California 42373 Taxes 0.00
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Fees Not Required
Per Government Code
Section 6103
DEVELOPMENT AGREEMENT NO. 17
BETWEEN
CITY OF REDLANDS
AND
REDLANDS HEALTH SERVICES, A CALIFORNIA CORPORATION
AND
AV ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP
({ordinance No. 2564)
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DEVELOPMENT AGREEMENT
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This Development Agreement (hereinafter "Agreement'') is entered into effective on the date it is
recorded with the San Bernardino County Recorder (hereinafter the "Effective Date") by and between (1) the.
CITY OF REDLANDS (hereinafter the "CITY"), and (2) REDLANDS HEALTH SERVICES, a California
corporation, and AV ASSOCIATES, a California limited partnership (collectively referred to hereinafter as
"RErS"l.
RECITALS
f
WHEREAS, CITY is authorized to enter into binding development agreements with persons having
legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et
seg. of the Government Code; and,
WHEREAS. CITY has adopted rules and regulations for consideration of development agreements.
pursuant to Section 65865 of the Goverritnent Code; and,
WHEREAS, RHS has a legal or equitable interest in certain real property and may acquire a legal or
equitable interest in certain additional real property (the "Property' as hereinafter defined) located in the CITY:
and.
WHEREAS, RI-IS may desire additions or modifications to certain of its facilities and improvements in
response to legal, demographic, economic and technological changes. and.
WHEREAS, RHS has requested CITY to enter into a development agreement and proceedings have
been taken in accordance with Section 65864 et seq. of the Government Code and the rules and regulations of
CITY; and,
WHEREAS, by electing to enter into this Agreement. CITY shall bind future City Councils of CITY by
the obligations specified herein and limit the future exercise of certain governmental and proprietary poi-vers of
CITY, and,
WHEREAS, the assurances provided by this Agreement are necessary in order to provide the certainty
which will allow RHS to make the long-term commitments involved in expanding its facilities and operations in
the CITY; and,
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY, its
Planning Commission and City Council and have been found to be fair,just and reasonable; and,
WHEREAS, all of the procedures of the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) have been met with respect to this Agreement; and,
WHEREAS, this Agreement is consistent with the CITY's General Plan; and,
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WHEREAS, all actions taken and approvals given by the CITY have been duly taken or approved in
accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other
procedural matters; and,
WHEREAS, appropriate development and modification of the Property and implementation of RHS'
future plans for the Property in accordance with this Agreement will provide substantial benefits to the CITY
and will ftirther important policies and goals of the CITY; and,
WHEREAS, this Agreement will eliminate uncertainty in planning and implementation of RHS'
approvals for development or modification of the Property pursuant to its future plans, and generally serve the
purposes for which development agreements under Sections 65864, et s.eq. of the Government Code are
intended; and,
WHEREAS, RES has incurred and will in the future incur substantial costs in order to assure further
development of the Property in accordance with this Agreement; and,
WHEREAS, the Planning Commission of the CITY has considered this Agreement after a duly-noticed
public hearing and has made written findings and recommended its adoption to the City Council; and,
WHEREAS, the City Council has reviewed and hereby approves the provisions of this Agreement,
adopts the findings of the Planning Commission, and further finds that this Agreement is in conformance with
the CITY's General Plan and that its implementation is in the best interests of the CITY and the health, safety
and welfare of its residents.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter
contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
OPERATIVE PROVISIONS
I DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
1.1.1 "Agreement"means this Development Agreement.
1.1.2 "CITY" means the City of Redlands, a municipal corporation organized and existing
under the laws of the State of California.
1.1.3 "Development," "development," and "develop" mean the improvement of the
Property for the purposes of completing the structures, improvements and facilities comprising the Project
including, but not limited to: grading; the construction of infrastructure and public facilities related to the
Project whether located within or outside the Property; the construction, demolition, reconstruction and
redevelopment of buildings and structures; and the installation of landscaping.
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1.1.4 "Development Agreement Regulations" means the regulations adopted by the CITY
pursuant to Section 65865 of the Government Code establishing procedures and requirements for the
consideration of development agreements which are contained in Chapter 18.220 of the Redlands Municipal
Code.
1.1.5 "Development Approvals" means all permits and other entitlements for use subject to
approval or issuance by the CITY in connection with development of the Property including, but not limited to:
(a) Conditional use permits, site plans and variances;
(b) Tentative and final subdivision and parcel maps, if any;
(c) Grading and building permits; and,
(d) Occupancy permits.
1.1.6 "Development Exaction" means any requirement of the CITY in connection with or
pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of
public improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or
compensate for the impacts of development on the environment or other public interests.
1.1.7 "Development Plan" means the plan and intent of RHS concerning the existing and
future development, expansion, improvement, construction and use of the Property under the Existing Land Use
Regulations to further the mission of Asistencia Villa, a licensed Skilled Nursing Facility, including, without
limitation, provision for additional treatment and rehabilitation services, additional skilled nursing beds and
services, extended care beds and services, sub-acute beds and services, adult day-care services, assisted living
beds and services, and other medical treatment and office facilities and services related or incidental thereto.
1.1.8 "Effective Date" means the date this Agreement is recorded with the San Bernardino
County Recorder.
1.1.9 "Existinc, Land Use Regulations" means,, all Land Use Regulations in effect on the
Im
Effective Date.
1.1.10 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations
and official policies of the CITY governing the development, improvement and use of land, including, without
limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum
height and size of proposed buildings; Development Exactions; regulations regarding the rate, time or sequence
of development; and the design, improvement and construction standards and specifications applicable to the
development of the Property. "Land Use Regulations" includes, without limitation, any CITY ordinance or
regulation adopted by initiative or referendum.
1.1.11 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust,
or any other secured lender, and their successors and assigns.
1.1.12 "Project" means the development of the Property as provided by the Development
Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this
Agreement.
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1.1.13 "Property" means the real property described on Exhibit **A" in which RHS (or either
of them) has a legal or equitable interest at the time of final adoption of the ordinance approving this
Agreement.
1.1.14 "RHS" means Redlands Health Services, a California corporation, AV Associates, a
California limited partnership, and their successors in interest to all or any part of the Property.
1.1.15 "Subsequent Development Approvals" means all Development Approvals required
subsequent to the Effective Date in connection with development of the Property.
1.1.16 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and
effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of this
Agreement:
Exhibit "A" - Legal Description of the Property.
Exhibit "B" - Map showing Property and its location.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement.
Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this
Agreement.
2.2 Ownership of Property. RHS represents and covenants that it is the owner of a legal or equitable
interest in the Property.
2.3 Tenn. The term of this Agreement shall commence on the Effective Date and shall continue for a
period of thirty (30) years thereafter unless this term is modified, extended or tenninated pursuant to the
provisions of this Agreement.
2.4 Assignment. RHS shall have the right to sell, assign or transfer the Property in whole or in part
(provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410
et seq.) to any person, partnership, joint venture, limited liability company, firm or corporation at any time
during the term of this Agreement. Any such sale, assignment or transfer may include the assignment of those
rights, duties and obligations arising under or from this Agreement which are applicable to the Property or part
thereof being assigned, transferred or sold. No sale, transfer, or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the
Property. The express written assumption of any or all of the obligations of RHS under this Agreement by such
assignee, transferee or purchaser shall relieve RHS of its legal duty to perform such obligations under this
Agreement. Any purchaser, assignee or transferee of RHS shall have all of the rights, duties and obligations of
RHS under this Agreement insofar as such rights, duties and obligations are applicable to the Property or part
thereof purchased, assigned or transferred.
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2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in
whole or in part only by written consent of all parties in the manner provided for in Government Code Section
65868. This provision shall not limit anv remedy of the CITY or RI-IS as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed tenninated and of no further effect upon the
occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the
ordinance approving this Agreement or otherwise invalidating this Agreement.
(c) The adoption of a referendum measure repealing the ordinance approving this
Agreement,
Termination of this Agreement shall not affect or constitute termination of any other Development
Approvals approved for the Property.
2.7 Notices.
(a) As used in this Agreement, notice includes, but is not limited to, the communication or
notice, request, demand, approval, statement, report, acceptance. consent, waiver. appointment or other
communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when delivered in
person to the recipient named below; or (ii) on the date of delivery shown on the return receipt after deposit in
the United States mail in a sealed envelope as either registered or certified mail with return receipt requested.
and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of
delivery after transmission by electronically confirmed facsimile to the recipient named below. All notices shall
be addressed as follows:
If to the CITY: City of Redlands
3
35 Cajon Street
P.O. Box 3005
Redlands, California 92')73
Fax: (909) 798-7510
Attention: City Manager
With a copy to: City of Redlands
35 Cajon Street
P.O. Box 3005
Redlands, California 92373
Fax: (909) 798-7595
Attention: City Attorney
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If to RHS: Redlands Health Services
350 Terracina Blvd., P.O. Box 3391
Redlands, CA 92373
Fax: (909) 335-6497
Attention: President
With a copy to: MePeters McAlearney Shimoff&Hatt
A Professional Corporation
4 W. Redlands Blvd, 2nd Floor
P.O. Box 2084
Redlands, CA 92373
Fax: (909) 792-62')4
Attention: James R. Harper, Esq.
(c) Either party may, by notice given at any time, require subsequent notices to be given to
another person or entity, whether a party or an officer or representative of a party, or to a different address, or
both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. RHS shall have a vested right to develop the Property in
accordance with, and to the maximum extent provided in, the Development Plan. Specifically, RHS shall have a
vested right to develop the Property to the maximum extent allowed under the zoning applicable to the Property
(including as such zoning may be modified from time to time under Section 3.5 below, and/or to each portion
thereof, as the case may be) to further the mission of Asistencia Villa, a licensed Skilled Nursing Facility, under
the Existing Land Use Regulations, including, without limitation, provision for additional treatment and
rehabilitation services, additional skilled nursing beds and services, extended care beds and services, sub-acute
beds and services, adult day-care services, assisted living beds and services, and other medical treatment and
office facilities and services related or incidental thereto, provided that the development standards and
performance standards of each such zone under Existing Land Use Regulations are satisfied. Except as
otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the
maximum height and size of proposed buildings, provisions for reservation and dedication of land for public
purposes and construction standards and specifications applicable to development of the Property shall be
consistent with the Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of
this Agreement, the Land Use Regulations applicable to development of the Property shall be the Existing Land
Use Regulations, and no Subsequent Land Use Regulation shall be applicable to the Project. If there is any
conflict between any Existing Land Use Regulation and any other provision of this Agreement, such other
provision of this Agreement shall be controlling.
3.3 Phasing and Timing of Development. The parties acknowledge that, although RHS may add
improvements and develop the Project in various phases, RHS cannot at this time predict when or the rate at
which the Project or any phases thereof will be developed. Such decisions depend upon numerous factors that
are not within the control of RHS, such as legal, demographic, economic, technological, insurance, functionality
of existing facilities, and other similar factors. Since the California Supreme Court held in Pardee Construction
6 DEVAGRMT06
Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of
development resulted in a later adopted initiative restricting the timing of development to prevail over such
parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that RHS
shall have the right to develop the Property in such phases and increments and in such order and at such rate and
at such times as RHS deems appropriate within the exercise of its subjective business judgment. In the event
any Subsequent Land Use Regulation is enacted which relates to the rate, timing or sequencing of development
of property within the CITY, CITY agrees that such Subsequent Land Use Regulation shall not apply to the
Project. In addition to and not in limitation of the foregoing, the CITY agrees that no moratorium or other
limitation affecting subdivision maps, building permits or other entitlements for use within the CITY or any part
of the CITY shall apply to the Project.
3.4 Duration of Development Approvals. Notwithstanding any provision of the Existing Land Use
Regulations, all Development Approvals shall remain valid and effective for all purposes during the term of this
Agreement unless RHS consents in writing to earlier termination.
3.5 Subseauent Development Approvals IMplementing the -Development Plan. Completion of
development in accordance with the Development Plan may require the approval and issuance by the CITY of
Subsequent Development Approvals, including without limitation zone changes, grading permits, building
permits, and occupancy permits. CITY acknowledges and agrees that all such Subsequent Development
Approvals required to implement and complete development in accordance with the Development Plan shall be
approved consistent with the vested rights granted to RHS by this Agreement. In acting on such Subsequent
Development Approvals, CITY shall act promptly, reasonably and in accordance with the Development Plan.
No later than thirty (30) days after receipt of an application for any Subsequent Development Approval, the
CITY shall notify RHS in writing whether the application is complete, specifying any information required to
make the application complete. Whenever an application for a Subsequent Development Approval does not
require an environmental impact report under the California Environmental Quality Act, Public Resources Code
Section 21000 et seq. ("CEQA"), the CITY shall approve and issue any such Subsequent Development
Approval within one hundred five (105) days after the CITY accepts an application therefor as complete,
provided such application complies with the Development Plan. When an application for a Subsequent
Development Approval requires an environmental impact report under CEQA, the CITY shall approve and
issue any such Subsequent Development Approval within one (1) year after the CITY accepts an application
therefor as complete, provided such application complies with the Development Plan.
3.6 Changes and Amendments to Existing Development Approvals. The parties acknowledge that
refinement and further development of the Project may require Subsequent Development Approvals which
change the Development Plan. In the event RHS finds that a change in the Development Plan is necessary or
appropriate, RHS shall apply for a Subsequent Development Approval to effectuate such change and CITY
shall promptly process and act on such application in accordance with the Existing Land Use Regulations,
except as otherwise provided by this Agreement. If approved, any such change in the Development Plan shall
be deemed incorporated herein, and may be flu ther changed from time to time as provided in this Section.
Unless otherwise required by law, a change to the Development Plan shall be deemed "minor" and not require
an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Materially increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings.
7 DEVAGR1 F06
3.7 Reservations of Authority. Notwithstanding any other provision of this Agreement, the
following Subsequent Land Use Regulations shall apply to the development of the Property:
(a) Generally applicable processing fees and charges imposed by the CITY to cover the
actual costs to the CITY of processing applications for Development Approvals or for monitoring compliance
1-1
with any Development Approvals granted or issued. Such processing fees and charges shall not exceed the
reasonable estimated costs of providing such services.
(b) Regulations which are not in conflict with the Development Plan. Any Land Use
Regulation which increases the costs of development (except for development fees imposed as provided by this
Agreement) and any Land Use Regulation, whether adopted by initiative or otherwise, limiting the rate or
timing or sequencing of development of the Property shall be deemed to conflict with the Development Plan
and shall therefore not be applicable to the development of the Property.
(c) Regulations which are in conflict with the Development Plan provided RES has given
written consent to the application of such regulations to development of the Property.
(d) Development fees imposed on City approval of a "development project," as defined by
Government Code Section 66000 et sea., and necessary to cover 100% of such development's pro rata share of
the cost of any public infrastructure or facility required as a result of City approval of such "development
prof ect".
3.8 Development Exactions. All Development Exactions currently applicable to the Project are
included in the Development Plan. CITY shall not impose any Development Exaction on development in
accordance with the Development Plan except as set forth therein or as authorized under subsection (d) of
Section 3.7 above. RHS may challenge any Development Exaction by appropriate judicial action.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public
agencies not within the control of the CITY possess authority to regulate aspects of the development of the
Property separately from or jointly with the CITY and this Agreement does not limit the authority of such other
public agencies. CITY shall support any application by RHS to any other public agency for any permit or
approval which is required for the Project. Within fifteen (15) days of any request, the CITY shall provide to
RHS or to such other public agencies information possessed by CITY and necessary for processing such
applications.
3.10 Assessment District or Other Financing. RHS, may, at its sole election, request that the CITY
initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement
Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, the Mello-Roos
Community Facilities Act of 1982, or any and all other available financing mechanisms to provide public
financing for all or parts of the Project and/or public improvements relating thereto. If so requested by RHS,
the CITY shall cooperate with RHS and use the CITY'S best efforts in taking all necessary steps to cause the
applicable district or other entity to be formed and to issue bonds for such purposes.
3.11 Mitigation Measures. In accordance with Section 18.220.070(B) of the Redlands Municipal
Code, and the Mitigated Negative Declaration prepared for this Development Agreement by the City as Lead
A(_,ency pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et
seg.). RI-IS shall comply with the following mitigation measures on any subsequent expansion of the Asistencia
Villa:
DEVAGRMT06
8
(a) To mitigate the potential impacts identified in Section l(d) of the Environmental Checklist. R,1-IS
shall prepare and submit a security lighting plan prior to the issuance of building permits and subject to revie,,\-
and approval by the CITY's Community Development Director. In addition. the plan must include details such
as beans spreads and/or photometric calculations. location and type of fixtures, exterior colors. details on the
foundation, and arrangement of exterior ii_clitin, to ensure that no outdoor lighting will create glare or
hazardous interference to adjacent streets or properties. In no instance shall illumination exceed ",/2 foot candy
at the property lines of the site;
(b) To mitigate the potential impacts identified in Section 111(d) of the Environmental Checklist relative
to short term impacts to ambient air quality from fugitive dust generation during construction of the project.
RHS shall perform on-site daily watering;
(c) To mitigate the potential impacts identified in Section VIII(a) of the Environmental Checklist, RHS
shall be required to comply with all requirements of the NPDES permit issued by the Santa Ana Regional Water
Quality Control Board; and
(d) To mitigate the potential short term impacts identified in Section Xl(a)(d) of the Environmental
Checklist relative to the increase in ambient noise levels in the early morning and evening hours durinL,
construction activities. all grading and construction activities shall be limited to the hours from 7:00 a.m. to 6:00
grading
p.m., Monday through Friday and prohibited on weekends and Federal holidays.
4. CONFLICTS OF LAW.
4.1 Conflict with State or Federal Laws or Action of Other Governmental Jurisdiction. In the event
that State or Federal laws or regulations, enacted after the Effective Date of this Agreement or the action by anN
goverrunental jurisdiction other than the CITY, prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be
necessary to comply with such State or Federal laws or regulations or non-City
I . governmental action-, provided.
however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such
laws, regulations or non-City governmental action and to the extent such laws. regulations or non-City
governmental action do not render such remaining provisions impractical to enforce.
4.2 Notice. Any party which determines that it cannot perform any act authorized or required by this
Agreement9
due to a conflict described in Section 4.1 shall, within fifteen (15) days of making such
determination, provide all other parties with written notice stating the conflict with the provisions of this
Agreement.
4.3 Modification Conference. The parties shall, within thirty (30) days after notice is provided in
Section 4.2. hereof, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply
with such law, regulation or non-City governmental action.
4.4 City Council Hearing. Within thirty (30) days after the modification conference, regardless of
whether the parties reach an agreement on the effect of such law or regulation upon this Agreement, the matter
shall be scheduled for hearing before the City Council. Notice of such hearing shall be given pursuant to
Sections 65090 and 65091 of the Government Code. The City Council, at such hearing, shall consider the exact
modification or suspension which shall be necessitated by, such law, regulation or non-City governmental
action. RHS shall have the right to offer oral and written testimony at the hearina. No modification or
suspension of this Agreement shall be effective unless approved by the affirmative vote of not less than a
majority of the authorized voting members of the City Council and by RI-IS.
9 DEVAGRM'P')6
4.5 Cooperation in.Securing Permits or Approvals. CITY shall use its best efforts to assist RHS in
the timely securing of any permits or approvals which may be required as a result of such modifications to, or
suspensions of, all or any part of this Agreement.
4.6 Challenge Regarding New Law or Regulation. RHS or the CITY shall have the right to challenge
Z:�
by appropriate judicial proceedings any such new law, regulation or non-City governmental action preventing
compliance with the terms of this Agreement. In the event that such challenge is successful, this Agreement
shall remain unmodified and in full force and effect.
5. LIMITATION ON NEW GENERAL TAXES AND SPECIAL TAXES.
During the term of this Agreement, the CITY shall not levy or collect any new general tax or special tax
on the Property or any business conducted on the Property. New general taxes and new special taxes, as used in
this Section, shall include any general tax or special tax which had not been adopted and become effective prior
to the Effective Date of this Agreement. RHS shall be entitled to an exemption from any such new general tax
or new special tax or shall be entitled to a credit equal to the full amount otherwise payable as such new general
tax or new special tax. The limitations of this Section shall not prevent the CITY from levying or collecting any
lawfully adopted increase in any general tax or special tax applicable to the Property or businesses conducted on
the Property on the Effective Date, provided such increase is generally applicable throughout the CITY and
does not discriminate against the Property or any business conducted on the Property.
6. RESTRICTION ON SPECIAL DISTRICTS.
During the term of this Agreement, no assessment district or special tax district, including all or any part
of the Property, will be created by the CITY or any agency or instrumentality of the CITY, nor shall all or any
part of the Property be annexed to any existing assessment district or special tax district, unless RHS agrees in
writing to such creation or annexation and the terms and conditions of any assessments or special taxes to be
levied thereunder.
7. ANNUAL REVIEW.
7.1 Procedure. CITY shall, every twelve (12) months during the term of this Agreement, review the
extent of good faith compliance by RHS with the terms of this Agreement in accordance with Government
Code Section 65865.1 and the Development Agreement Regulations and as ftirther provided in this Section.
RHS shall have the duty to demonstrate its good faith substantial compliance with the terms of this Agreement
at such annual review. RHS shall ftirriish such evidence of good faith compliance as the CITY in the exercise of
its reasonable discretion may require. Either party may address any requirements of this Agreement during the
review. However, ten (10) days' written notice of any requirement to be addressed shall be made by the
requesting party. If at the time of review an issue not previously identified in writing is required to be
addressed, the review at the request of either party shall be continued to afford sufficient time for analysis and
preparation. CITY shall not terminate or modify this Agreement except upon substantial evidence showing a
failure of RHS to perform a material duty or obligation under this Agreement which has not been cured by RHS
as provided under Section 9.1 of this Agreement. In the event this Agreement is terminated pursuant to this
Section or any other provision of law, all rights of RHS under this Agreement shall terminate; provided,
however, all rights of RHS under any other Development Approval, the Existing Land Use Regulations and any
development permit or approval issued or granted by any other governmental agency shall not be affected or
diminished in any -way by such termination of this Agreement.
10 DEVAGRMT06
7.2 Information to Be Provided RHS. CITY shall deposit in the mail to RHS a -copy of all staff
reports, exhibits and other evidence concerning performance of this Agreement a minimum of ten (10) calendar
days prior to any such review or action upon this Agreement by the Director of Community Development.
Planning Commission or the City Council.
7.3 Failure to Perform Periodic Review. The failure of the CITY to review at least annually RIMS'
compliance with the terms and conditions of this Agreement shall not constitute or be asserted by either party as
a breach by the other party of this Agreement.
8. ESTOPPEL CERTIFICATES.
Either party may at any time, and from time to time, deliver written notice to the other party requesting
that the other party certify in writing that to the knowledge of the certifying party:
(a) This Agreement is in full force and effect and is a binding obligation of the parties.
(b) This Agreement has not been amended or modified and, if so amended, identifying the
amendments.
(c) No default in the performance of the requesting party's obligations under this Agreement
exists or, if in default, the nature and extent of any default.
A party receiving a request hereunder shall execute and return the certificate within fifteen (15) days
following receipt thereof. The City Manager shall have the right to execute any certificate requested by RHS on
behalf of the CITY.
9. DEFAULT AND REMEDIES,.
9,1 General Provisions. Subject to extensions of time by mutual consent in writing, or as otherwise
provided herein, failure or delay by either party to perform any term or provision of this Agreement constitutes
a default under this Agreement. In the event of default under this Agreement or any of its terms or conditions,
the party alleging such default shall give the alleged defaulting party not less than thirty (30) days notice in
writing, specifying in detail the nature of the alleged default and, when appropriate, the manner in which that
default may be satisfactorily cured. During any such thirty (30) day cure period, the party charged shall not be
considered in default for purposes of termination or the institution of legal proceedings.
After proper notice and expiration of said thirty (30) day cure period without cure, or if such cure cannot
be completed within such thirty (30) day period, without commencement of cure within such period and diligent
effort to effect cure thereafter, the other party to this Agreement, at its option, may institute legal proceedings to
enforce this Agreement or give notice of termination of this Agreement.
Failure or delay in giving notice of default pursuant to this Section 9.1 shall not constitute a waiver of
any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement,
any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as
a waiver of any default or of any such rights or remedies or deprive either such 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.
I I DEVAGRMT06
9.2 Cumulative Remedies. Each of the parties hereto may pursue any remedy at law or equity
available for the breach of any provision of this Agreement. Any party may initiate any judicial action or
proceeding to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any
threatened or attempted violation of this Agreement, including without limitation actions or proceedings
requesting declaratory relief, specific performance and relief in the nature of mandamus. All remedies shall be
cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not
constitute a waiver or election with respect to any other available remedy. The parties acknowledge and agree
that specific performance and other non-monetary relief are appropriate remedies for the enforcement of this
Agreement and shall be available to all parties.
9.3 Attornevs' Fees and Costs. In any action or proceeding brought by any party to interpret or
enforce any provision of this Agreement, or otherwise arising under this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees (including reasonable in-house counsel fees of the CITY or RHS at
private rates prevailing in San Bernardino County) and all costs, expenses and disbursements in connection with
such action or proceeding, including the cost of reasonable investigation, preparation and professional expert
consultation and arbitration fees and costs, which sums may be included in any judgment or decree entered in
such action in favor of the Prevailing party.
10. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit RHS, in any manner. at RHS'
sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any
mortgage, deed of trust or other security device securing financing with respect to the Property. CITY
acknowledges that the lenders providing such financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet with RHS and representatives of such lenders
to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably
withhold its consent to any such requested interpretation or modification provided such interpretation or
modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall
be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render
invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value.
(b) The Mortgagee of any mortgage or deed of trust encumbering g the Property. or any part
Property,
thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for
giving notices, shall be entitled to receive written notification from CITY of any default by RHS in the
performance of RHS' obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of
default given to RHS under the terms of this Agreement, the CITY shall provide a copy of that notice to the
Mortgagee concurrently with the sending of notice of default to RHS. The Mortgagee shall have the right, but
not the obligation, to cure, or to commence to cure, the default during the cure period allowed RHS under this
Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant
to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or
part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to
the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of RHS'
obligations or other affirmative covenants of RHS hereunder, or to (guarantee such performance; provided,
12 DEVAGRNIT06
2d
however, that to the extent that any covenant to be performed by RHS is a condition precedent to the
performance of a covenant by the CITY, the performance thereof shall continue to be a condition precedent to
�l
CITY'S performance hereunder.
11. MISCELLANEOUS PROVISIONTS.
r
11, 1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be
recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section
65868.5 of the Government Code.
11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and
agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants.
undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence
of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or
nature to interpret or determine the terms or conditions of this Agreement.
11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined
invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain
in full force and effect unless amended by mutual written consent of the parties.
11.4 Interpretation and Governing L.aw. This Agreement and any dispute arising hereunder shall be
governed and interpreted in accordance with the laws of the State of California. This Agreement shall be
construed as a whole according to its fair language and common meaning to achieve the objectives and
purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not be employed in interpreting this Agreement, all parties having been
represented by counsel in the negotiation and preparation hereof.
11.5 Section Headinus. All section headings and subheadings are inserted for convenience only and
shall not affect any construction or interpretation of this Agreement.
11.6 Rules of Construction. As used herein. the singular of any word includes the plural and the
masculine gender includes the feminine.
11.7 Consent. Where a consent or approval of a party is required or necessary under this Agreement,
such consent or approval shall not be unreasonably withheld.
11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement
as to which time is an element.
11.9 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a representative of the party against whom enforcement of a waiver is sought. No waiver of any right
or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of
any other occurrence or event.
11.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection
and benefit of the parties and their successors and assigns. No other person shall have any right of action based
upon any provision of this Agreement.
13 DEVA<rRINI"F01i
11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in
performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God,
fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (includinc,
the party's employment force), government regulations, court actions (such as restraining orders or injunctions),
or other causes beyond the party's control. If any such events shall occur, the time for performance by either
party of any of its obligations hereunder shall be extended by the parties for the period of time that such events
prevented such performance.
11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute
conditions to the c'oncurrent or subsequent performance by the party benefited thereby of the covenants to be
performed hereunder by such benefited party.
11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of
this Agreement shall inure to, all successors in interest and assigns of the parties to this Agreement.
11-14 Counterparts. This Agreement may be executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had executed the same
instrument.
11.15 Project as a-Private Undertaking. It is understood and agreed by and between the parties hereto
that the development of the Project is a private development, that neither party is acting as the agent of the other
in any respect hereunder, and that each party is an independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any
kind is formed by this Agreement. The only relationship between the CITY and RHS is that of a government
entity regulating the development of private property and the owner of such property.
11.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable
assistance to the other to the extent contemplated hereunder in the performance of all obligations under this
Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any
time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file
or record such required instruments and writings and take any actions as may be reasonably necessary under the
terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
11.17 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 Agreement. Each party
shall refrain from doing anything which would render its performance under this Agreement impossible or
impracticable. Each party shall do everything which this Agreement contemplates that such party shall do to
accomplish the objectives and purposes of this Agreement.
11.18 Integrated Project. CITY acknowledges and agrees, by executing this Agreement for the Project
as a whole, that the Project is and shall be considered a single, integrated development project and that each
component of the Project is dependent upon the completion and occupancy of each other component, and that
the viability of each component of the Project is and shall be dependent upon the completion and occupancy of
each other component and the full performance of this Agreement.
14 DEVAGRMT06
ww W2 MMMOM
1,1.19 Authority to Execute.
11.19.1 CITY. By the execution hereof, CITY confirms and acknowledges that CITY, acting
through its City Council and the City Planning Commission, have complied in full with the requirements of
Section 65864 et seq. of the Government Code and the Development Agreement Regulations for public hearing
and the giving of notice of intention to consider adoption of this Agreement, and that this Agreement has been
approved by ordinance as required by Section 65867.5 of the Government Code. CITY warrants and represents
that the CITY has given all notices, held all hearings and complied with all other legal requirements and
procedures required to make this Agreement a valid and binding agreement.
11.19.2 RHS. Persons executing this Agreement on behalf of RHS warrant and represent that
they have the authority to execute this Agreement and represent that they have the authority to bind RHS to the
performance of its obligations hereunder.
11.20 No Conflict with Current Law. CITY represents that there are no rules, regulations, ordinances
or policies of the CITY as of the date of execution of this Agreement that would interfere with the completion
or use of the Project.
11.21 Indemnification. If any claim, action, or proceeding is filed against the CITY or its agents,
officers or employees to attach, set aside, void or annul, the approval by the CITY of this Agreement, RHS shall
defend (with attorneys selected and directed by RHS), indemnify and hold harmless CITY and its agents,
officers and employees. CITY shall promptly notify RHS of any such claim, action or proceeding, and shall
cooperate fully in the defense. If CITY fails to promptly notify RHS of such claim, action or proceeding or if
CITY fails to cooperate fully in the defense, RHS shall not thereafter be responsible to defend, indemnify or
hold harmless CITY. Nothing contained in this Section prohibits CITY from participating in the defense of any
such claim, action or proceeding provided the CITY bears its own attorneys' fees and costs and defends in good
faith. RES shall not be required to pay or perform any settlement of any such claim, action or proceeding
unless the settlement is approved by RHS.
11.22 Liability Insurance. In addition to its obligations under the provisions of Section 11.21, RHS
agrees that any policy of liability insurance (which policy may include coverage of bodily injury liability and
property damage liability) which RHS maintains in force with respect to the construction of the Project shall
contain an additional insured endorsement naming CITY, its elected officials, officers, agents and employees as
additional insureds. Such insurance shall be primary and non-contributing with respect to any insurance or self-
insurance maintained by the CITY. Coverage shall be evidenced by a Certificate of Insurance in a form
satisfactory to CITY, which shall be delivered to CITY prior to the commencement by RHS of any construction
on the Property.
15 DEVAGRMT06
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set
forth below.
CITY:
CITY OF REDLANDS,
a municipal corporation
Dated: Deceiriber 2, 2003 Bv:
ATTEST:
By:
CITY
AIRK,q 'Y)017 REDLANDS
RHS:
REDLANDS HEALTH SERVICES,
a California corporation
James
ames R. Holmes
President
AV ASSOCIATES,
a California limited partnership
By: Redlands Health Services,
a California corporation
Its General Partner
B =Q
James R. Holmes
President
16 DEVAGRMT06
l
ALL-PURPOSE ACK- OWLEDGMENT
STATE OF CALIFORNIA
i COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS }
under Chapter 4 Article 3 Section 1181
By the authority granted nd p , of the California Civil Code,
and Chapter 2, .Division 3, Section 40814, of the California Government Code, on December 2,
2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
{ X} personally known to me - or - f I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
LORRIE POYZER. CITY CLERK
l
ZZ
Beatrice Sanchez, Deputy City Clerk
'F 0 , (909)798-7531
tfTttftl411t111��
CAPACITY CLAIMED BY SIGNER(S)
{ }
Individual(s) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{
Trustee(s)
Trust
{ x } Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Redlands Health. Services - Development Agreement
Signer(s) Other Than Named Above: James R. Holmes
STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO)
On November 11, 2003, before me, Annemarie Mead, a notary public, personally appeared James R.
Holmes.
, personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
whn�awwvvww+rw�w,r-------------I----------
ANNEMARIE MEAD
COMIM. #1292626 sJ
Z 3
' 'Z
4, t�A NOTARY PUBLIC-CAUFOPNIA
-.1 16, SAN BERNARDINO COUNTY
LMMy Commission Expires February 26, 42005
P-004 -Rom
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2003, before me, notary public,
personally appeared personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his
signature on the instrument the person(s), or entity(s) upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
18 DEVACYRNIT06
z EXHIBIT A
To Redlands Health Services Development Agreement
Legal Description of Property
PARCEL ONE:
1875 Barton Road
Redlands, CA 92373
APN No. 293-131-03
PARCEL A:
PARCEL 1 OF PARCEL MAP 9616, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 110 OF PARCEL MAPS, PAGES 54 AND 55 OF
SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY
DEED RECORDED OCTOBER 14, 1977, IN BOOK 9284, PAGE 502, OFFICIAL RECORDS.
PARCEL B:
A 24.00 FOOT EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER A PORTION OF PARCEL 2
IN PARCEL MAP NO. 9616, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 110 OF PARCEL MAPS, PAGES 54 AND 55, RECORDS OF SAID
COUNTY, THE CENTERLINE BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAIL} PARCEL;
THENCE NORTH 00 40' 02" WEST, 46.00 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 2
TO THE TRUE POINT OF BEGINNING;
THENCE 890 18' 17" EAST, 204.54 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHERLY HAVING A RADIUS OF 180.00 FEET,` A RADIAL BEARING TO SAID
BEGINNING BEARS SOUTH 250 08' 48" WEST;
THENCE EASTERLY 162.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510 41'
02";
THENCE ON A NON-TANGENT LINE, SOUTH 890 18' 17" EAST, 168.59 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 45.00 FEET;
THENCE SOUTHEASTERLY 59.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 750
47' 42";
THENCE SOUTH 140 54' 01" EAST 2.33 FEET TO THE SOUTHEAST LINE OF SAID PARCEL 2.
EXHIBIT A—Page I
PARCEL TWO:
26842 Ladera
Redlands, CA 92373
API No. 293-083-0I,05
THAT PORTION OF LOT 14, TRACT NO. 2267, TRAILS-END TERRACE, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE" OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 32 OF MAPS, PACE 58, OFFICIAL RECORDS OF SAID COUNTY, AND THAT PORTION OF
THE NORTHEAST ONE-:QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 32, TOWNSHIP 1
SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF NEVADA STREET, 80 . 00 FEET
WIDE, WITH THE ORIGINAL CENTERLINE OF BARTON ROAD (RUNNING EAST) 80.00 FEET WIDE,
AS SHOWN ON TRACT NO. 2216 AS PER PLAT RECORDER IN BOOK 31 OF ?MAPS, PAGE 81,
OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 890 30' 28" WEST ALONG SAID CENTERLINE OF BARTON ROAD 25.21 FEET TO
AN INTERSECTION WITH THE 1948 "CENTERLINE OF CONSTRUCTION" OF BARTON ROAD;
THENCE SOUTH 8 ° 23' 34" WEST ALONG SAID CENTERLINE 135.47 FEET (RECORD 1.35.63
FEET PER O.R. 9396/1324) TO AN INTERSECTION WITH THE CENTERLINE OF LADERA
STREET, 40 .04 FEET WIRE (FORMERLY SOUTH NEVADA STREET) AS SHOWN ON MAP ENTITLED
"BARTON ROAD PRECISE PLAN NO. S,V. .388, SHEET NO. 5", ON FILE IN THE OFFICE OF
THE COUNTY ENGINEER OF SAID CO=Y, SAID INTERSECTION ALSO BEING A COUNTY
SURVEYOR'S MONUMENT;
THENCE ALONG SAID CENTERLINE OF LADERA STREET SOUTH 000 16' 49" WEST 101.19 FEET;
THENCE SOUTH 890 43' 11" EAST 20.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF
SAID LADERA STREET;
THENCE SOUTH 000 16' 49" WEST 108.36 FEET, MORE OR LESS, ALONG SAID RIGHT OF WAY
TO THE SOUTHWEST CORNER OF THE NORTH 40 .30 FEET OF SAID LOT 14, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE SOUTH 890 43' 11" EAST 69.76 FEET ALONG THE SOUTH LINE OF THE NORTH 40.30
FEET OF SAID LOT 14 TO THE SOUTHEAST CORNER OF SAID NORTH 40.30 FEET;
THENCE CONTINUING SOUTH 890 43' 11" EAST 64.36 FEET TO A POINT ON THE EAST LID'S
OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 32, SAID
POINT ALSO LYING ON THE WEST BOUNDARY LINE OF PARCEL 1, PARCEL MAP NO. 9616 AS
PER MAP RECORDED IN BOOK 110 OF PARCEL MAPS, PAGES 54 AND 55, OFFICIAL RECORDS.
OF SAID COUNTY;
THENCE SOUTH 00° 44' Il" EAST 339.03 FEET, MORE OR LESS, ALONG SAID EAST LINE TO
THE SOUTHEAST CORNER. OF SAID LOT 14, SAID POINT ALSO BEING THE SOUTHWEST CORNER
OF PARCEL 1 OF SAID PARCEL MAP NO. 961.6, AND SAID POINT LYING ON TETE
NORTHEASTERLY RIGHT OF WAY OF SAID LADERA STREET (FORMERLY GRANT STREET) AS
SHOWN ON SAID MAP OF TRACT NO. 2267;
THENCE NORTH 550 SS' 41" WEST 168.62' (REC. 167.45 FEET PER TRACT NO. 2267) ALONG
SAID RIGHT OF WAY TO AN ANGLE POINT THEREIN;
THENCE NORTH 000 16' 49" EAST 245.20 FEET ALONG THE EAST LINE OF SAID LADERA
STREET TO THE SOUTHWEST CORNER OF THE NORTH 40.30 FEET OF SAID LOT 14, SAID
CORNER BEING THE POINT OF BEGINNING.
SAID DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 416, CITY OF
REDLANDS RECORDED JULY 16, 2001 AS INSTRUMENT NO. 2001-284062 OFFICIAL RECORDS.
Page 2
4
PARCEL THREE:
26869-26883 Barton Road
Redlands, CA 92.373
APN No. 293-083-02.03, 04
THAT PORTION OF LOT I AND LOT 14, TRACT NO, 226?, TRAILS-END TERRACE, IN THE
CITY OF REDLANtDS, COUNTY OF SAN BERNA.RDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 32 OF MAPS, PAGE 58, OFFICIAL RECORDS OF SAID COUNTY, AND THAT
PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 32,
TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIA-NT, ACCORDING TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COM, ENCING AT THE INTERSECTION OF THE CENTERLINE OF NEVADA STREET, 60 .00 FEET
WIRE, WITH THE ORIGINAL CENTERLINE OF BARTON :COAD (RUNNING EAST) 80.00 7--ET
WIDE, AS SHOWN ON TRACT NO. 2216 AS PER PLAT RECORDED IN BOOK 31 OF '"•',APS, PAGE
81, OFFICIAL- RECORDS OF SAID COUNTY;
THENCE SOUTH 890 30' 28" "ZEST ALONG SAID CENTERLINE OF BARTON ROAD 15 .21 _EET TO
AN INTERSECTION WITH THE 1948 "CENTERLINE OF CONSTRUCTION" OF BARTON ROAD;
THENCE SOUTH 850 23' 34" WEST ALCNG SAID CENTER 135 .47 FEET (RECORD 135.63 FENT
PER 0.R. 9540/1409) TO AIN INTERSECTION WITH THE CENTERLINE OF LADERA STREET,
•40.00, FEET WIDE (FORMERLY SOUTH NEVADA STREET) AS SHOWN ON MAP ENTITLED °BAR?ON
ROAD PRECISE P.,:_`N NO. S.V. 388, SHEET NO. 5", ON FILE IN THE OFFICE OF THE -
COUNTY ENGINEER OF SAID COUNTY, SAID INTERSECTION ALSO BEING A COUNTY SL_R'7E 'OR'S
MONUMENT;
THENCE. ALONG SAID CENTERLINE OF LACER_ STP.EET SOUTH 000 _6' 49" WEST 10i.ry 9 FEET;
,
THENCE SOUTH 890 43' 11" EAST 20 .00 FEET'' TO A POINT ON THE EAST RIGHT OF WAY OF
SAID LADERA STREET, SAID POINT BEING THE POINT OF BEGINNING;
THENCE FROM THE POINT OF BEGINNING SOUTH 890 43' 11" EAST 10 .00 FEET ALCNG THE
SOUTH LINE OF THAT PARCEL OF LAND CONDE:-rNED TO THE COUNTY OF SAN BEP
NAREI70 BY
FINAL ORDER OF CONDEMNATION RECORDED IN BOOK 95= 0, PAG 1409, OFFICIAL RECORDS
OF SAID COUNTY;
NORTH 000 16' 49" EAST 10 .00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHEAST F-POVING A PAD'' IUS OF 20 . 00 FEET;
THENCE NORTHE-A.STERLI ALONG SAID CURVE, _ =uGHT I ANG OF 880 24' 14" A_N
ARC DISTANCE OF 30.86 FEET;
NORTH 880 41' 03" EAST 40 .33 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT
THENCE ALONG THE SOUTH LINT, OF THAT PARCEL OF LAND CONDETANED O THE COUNTY OF W
SAN BERIvARDINO BY FINAL ORDER OF CON'DEINStA_TION RECORDED :N BOOK 9396, PAGE 1322,
OFFICIAL RECORDS OF SAID COUNTY NORTH 880 41' 03" EAST 61.88 FEET TO THE EAST
LIFE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 32,
SAID POINT ALSO LYING ON THE WEST BOUNDARY LINE OF PARCEL 1, PARCEL MAP NO.
9616, AS PER MAP RECORDED IN HOOK 110 OF PARCEL MAPS, PAGES 54 AND 55, OFFICIAL:
RECORDS OF SAID COUNTY;
THENCE SOUTH 000 44' 11" EAST 141.22 FEET ALONG THE FAST LINE OF SAID NORTHEAST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 32, ALSO BEING THE WEST LINE
OF PARCEL 3 OF SAID PARCEL :KAP NO, 9636;
THENCE. NORTH 890 43' 11" WEST 94.:6 FEET TO THE, SOUTHEAST CORNER OF THE NORTH
40.30 FEET OF SAID LOT 14;
THENCE NORTH 890 43' 11" WEST 69.76 FEET A?ONG THE SO'JTH LINE OF THE NORT 40.30
FEET OF ,SAID LOT 14 TO THE SOUTHWEST CORNER OF SAID NORTH 40.30 FEET, SAID POINT
LYING ON THE EAST LINE OF SAID LADERA STREET;
THENCE ALCNG SAID, EAST LINE NORTH 00° 16' 49" FAST 108 .36 FEET TO T`:E POINT OF
BEGINNING.
l..r' HIBIT A -Pap 3
M .. ,.._.uws.4._._,.__M,r.. , ... ,.�.v. ...,_v......_ ..
EXHIBIT B
4
Maps of Locations of Property
n
Par. Resub. Wk. 2 8t3 Terrocina Add. No. /J. M.B. 9139 City of Redlands 29343
S,,N a,�, Tax Rate Area
�,V. "I' Por. Terracina Add. No. 1, M.B. 617 5010
it 4#1 ,,
Z Siesta Villa, M.B. 14/14
1vq!*,f 01�2
01 1$53 292
292 T,Isloo."4"",
16
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Por.Parcel Mop No.9348,PM.98/98-99Son Bernardino County
Numbers Shown In Circles
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