HomeMy WebLinkAboutResolution - 88-1 RESOLUTION NO. RDA-08-1
A RESOLUTION OF THE SAN JACINTO CITY REDEVELOPMENT
AGENCY, CALIFORNIA.. AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT 'WITH SRO BOBA ASSOCIATES, FOR THE
PROPERTY INVOLVING SPECIFIC PLAN 1-85
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WHEREAS, Sections 65864-658695 of the Government Code of the
3 State of California permits the City to enter into a Development
Agreement with a property owner; and
4 WHEREAS, Ordinance No. B31 of the City of San Jacinto estab-
lishes rules for consideration of Development Agreements; and
5
WHEREAS, ❑rdinar,ce No. 031 requires a Public Hearing to be
6 held prior to the adoption of the Agreement. Said hearing was
held for the Development Agreement attached to and made a part
of this Resolution as Exhibit "A" on November 3, 17, 1987;
8 December 22, 1987 and January 19, 19ES: and
WHEREAS, The City Council of the City of San Jacinto on
January 19, 1988 approved said Development Agreement
1O NOW, THEREFORE, BE IT RESOLVED by the San Jacinto City
11 Redevelopment Agency as follows:
12 Section 1. Development Agreement 87-1 (Specific Plan 1-85)
subject to the terms and conditions outlined on the attached
131Exhibit "A" made a part hereof is approved.
MOVED, PASSED and ADOPTED this 19th day of January 198E by the
141 following vote:
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1' I AYES: Agency Members Stevens, Ford, Divine, Redding and
16 'I Stuart
17 NOES: None
ASSENT: None
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26 --- - �'c r— --------
har, man
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` ATTEST:
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24 1
25 ecreta y
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271 CERTIFICATE
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The foregoing is -ertified to be a true copy of Resolution
29 No. RDA-BS-1 duly adopted by the said San Jacinto Pity
,..- 30 Redevelopment Agency on the date set forth therein.
31
Recording Requested By: )
C2 )
Z` City of San Jacinto )
3J )
v When Recorded Mail To: }
}
City Clerk's Office )
201 East Main Street )
San Jacinto, CA 92383 }
`'-A-ktn: Ms. Helen Sherman
DEVELOPMENT AGREEMENT
California Government Code sections 65864-65869.5
City of San Jacinto Municipal Code sections
This Development Agreement ("this Agreement") is entered into
on May 1, 1987, between Soboba Associates, a California limited
partnership ("Property Owner") , and City of San Jacinto, a
Municipal Corporation ("City") , with reference to the recitals set
forth below.
1. Recitals.
1.1 City's Authority to Enter into Development Agreement.
City, as a general law city, is authorized under California
Government Code sections 65864 through 65869.5 to enter into
binding development agreements with persons having legal or
equitable interests in real property for the purposes of assuring,
among other things, (i) some certainty as to permitted land uses
development of the Property (described below) , and (ii)
construction of adequate public facilities in the The Villages of
Soboba Springs (described below) , pursuant to Specific Plan 1-85.
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1.2 The Property- Property Owner owns the land ("the
Property") described in Exhibit A, situated in the community
planning area in the City of San Jacinto known as The Villages of
x Soboba Springs.
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1.3 The Development. The Development was authorized by the
City Council approval of the Soboba Springs Specific Plan (SP 1-
85) .
1.4 Property Owner's Intention to Develop the Property-
Property Owner intends to proceed with development of the Property
as soon as is feasible.
1.5 Agreement Entered into to Satisfy Condition of Specific
Plan Approval. Property Owner and City intend to enter into this
Agreement to assure Property Owner 's participation in the financing
of public facilities within the San Jacinto Community Facilities
District nl and to provide some certainty in the land use
regulations and policies applicable to the development of the
Property.
1.6 Planning Commission and City Council Hearings. On
November 2, 1987, city's Planning Commission, after giving notice
pursuant to California Government Code sections 65854, 65854.5 and
65856, held a public hearing on this Agreement. City Council of
City, after providing public notices required by law, similarly
held a public hearing on November 3, 1987 and January 19, 1988.
1.7 Findings of City Council. City Council has found that
this Agreement is consistent with the San Jacinto/Soboba Springs
Conceptual Master Plan, approved Environmental Impact Report, dated
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May 1986, as well as all other applicable policies and regulations
of City.
1;8 Adoption of Ordinance Approving Agreement. On February 2,
,2 =1988 city council adopted Ordinance No. 834 approving this
took effect on March 3, 1988.
Agreement; the ordinance
C) 2. Definitions. In this Agreement, unless the context otherwise
require:
2.1 "Project" means the development of the Property as
represented by the Specific Plan currently on file and those to be
filed as development proceeds;
2.2 "Property" is the real property referred to in Paragraph
1.2; and
2.3 "Property Owner" means the legal person(s) having a legal
or equitable interest in the Property and includes Property Owner's
successors in interest.
2.4 "CFD" means the San Jacinto Community Facilities District
pl, in concert with Soboba Springs Redevelopment Agency.
2.5 "Public Improvements" means the improvements described
in Exhibits B and C.
following documents are referred to in this
3. Exhibits. The
Agreement and are attached to and made a part of this Agreement.
Exhibit
Designation Description
A the Property
S Public Improvements Financed
by CFO
C Public Improvements Financed
by Property Owner
4. Description of Property.
The Property consists of
approximately 400 acres in area and is located adjacent to the
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intersection of Main Street and Soboba Road, between the San
Jacinto River and the foothills of the San Jacinto Mountains, in
the City of San Jacinto, Riverside County, California. The
TJ Property is currently zoned P.-1, R-2, R-2(PUD) , R-3, C-1.
4.1 Interest of Property Owner. Property Owner represents
that it holds record title to the Property and, therefore, has a
legal interest in the Property and that all other persons holding a
legal or equitable interest in the Property shall be bound by this
Agreement.
5. Binding Effect of Agreement. The rights and obligations under
this Agreement shall bind and inure to the benefit of the parties'
successors in interest.
6. Relationship of Parties. It is understood that the
contractual relationship between City and Property Owner is such
that Property Owner is an independent contractor and not an agent
of City.
7. Assignment. No rights and obligations of Property Owner under
this Agreement may be transferred unless such transfer is made as a
part of the conveyance, transfer, assignment, sale or lease
(collectively "transfer") of all or a portion of the Property. Any
such transfer shall be subject to the provisions of this Agreement.
During the term of this Agreement, any such transferee shall
perform all of the duties of Property Owner contained in this
Agreement as such duties pertain to the portion of or the interest
in the Property so transferred. Property Owner shall give City
written notice of any transfer within 30 days after any such
transfer.
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g, Duration of Agreement. This Agreement shall begin on the date
�g the ordinance described in Paragraph 1.8 takes effect and shall run
for a period of 20 years unless it is otherwise terminated or
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modified pursuant to the provisions of this Agreement.
9. Hold Harmless. Property Owner agrees to and shall hold City,
its officers, agents, employees and representatives harmless from
liability for damage or claims for damage for personal injury,
including death, and claims for a property damage which may arise
from the direct or indirect operations of Property Owner or those of
its contractors, subcontractors, agents, employees or other persons
acting on its behalf which relate to the Project. This paragraph
applies to all damages and claims for damages suffered or alleged to
have been suffered by reason of the operations referred to in this
paragraph, regardless of whether City has prepared, supplied or
approved plans or specifications (or both) for the Project.
10. Public Improvemene ,, Facilities and Services. Pursuant to the
conditions of approval for the Conceptual Specific Plan, the
mitigating measures of the EIR, and any conditions placed on the
Comprehensive Specific Plan, the Property Owner will pay for or
arrange to pay for its fair share of the financing of the on-site
and off-site Public Improvements, as reflected in Exhibits B and C.
Property owner intends to finance the improvements, in Exhibit B
through CFD proceeds.
11. Status of Financing Plan for the Villages of Soboba Springs.
City Council has established the CFD pursuant to Resolution No.
1710, to finance the Public Improvements reflected in Exhibit B.
To the extent that property Owner is interested in proceeding with
development of the Property as soon as is feasible,
property Owner shall construct the Exhibit C Public Improvements.
12. Procedure for Payment of Property Owner's Share for Public
Improvements.
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T 12.1 Property Owner's Fair and Reasonable Share. Property
Owner's fair and reasonable share has been estimated for the
creation of the CFD. If adjustments to the individual lots'
boundaries are made, this Agreement will be amended accordingly,
apportioning the total fees among the lots as adjusted on
a reasonable basis.
12.2 Implementation Schedule. The parties recognize that the
construction of the Public Improvements is dependent upon many
variables. city shall use its best efforts to act in conformance
with the phased implementation schedules contained in Exhibit B or
any revised schedules as they reflect the actual cashflow, status of
development and other factors.
12.3 Collection by City From Other Property Owner of Fair
Share. In order to finance the Public Improvements, City shall
collect fees (like or similar to those which are being paid by
Property Owner pursuant to this Agreement) from other property
owners in the Villages of Soboba Springs (including purchasers or
other transferees of raw or improved land, i .e. finished homes
constructed by Property Owner) , so that Property owner shall not be
placed in an unfair, disadvantageous or noncompetitive situation.
X 13. Restrictions on Development of the Property.
13.1 Current Restrictions. During the term of this Agreement,
the development of the Property as to (i) permitted uses, (ii)
density of uses, (iii) intensity of uses, (iv) maximum height of
buildings, (v) maximum size of buildings and (vi) reservation and
dedication of land for public purposes shall be limited, controlled
and governed by the provisions of the following (in force on the
date City Council adopts the ordinance described in Paragraph 1.8) :
13.1.1 General Plan. San Jacinto General Plan;
13.1.2 Community Plan. The Villages of Soboba Springs
Plan; Specific Plan 1-85
13.1.3 Policies. Applicable policies adopted by City
Council;
13.1.4 Subdivision ordinance. Ordinance No. 673;
13.1.6 Zoning ordinance. The provisions of the San
Jacinto Zoning Ordinance; and
13.1.7 Discretionary Permissions. Any discretionary
permission issued by City prior to or on the same day City Council
adopts the ordinance described in Paragraph 1.8; and
13.1.8 other. Any other policy, ordinance, regulation,
plan, standard and specification regulating the matters described
in clauses (i) through (vi) of Paragraph 13.1.
13.2 Vested Right. By this Agreement, and during the term
hereof, Property Owner is vested with the right to develop and
maintain, at minimum, the following specified dwelling unit density
on the Property, pursuant to the CFD Special Tax Report:
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Village 1: 83 dwelling units
Village 2: 400 dwelling units
Village 3: 240 dwelling units
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Village 4: 174 dwelling units
Village 5: 125 dwelling units
Village 6: 300 dwelling units
No change, after the adoption of the ordinance described in
Paragraph 1.8, of any of the restrictions set forth in Paragraph
13.1 and its subparagraphs will affect the development of
maintenance of the Property. However, City reserves the right to
approve how the density is distributed within the boundaries of
each village.
13.3 Modified Regulations. Notwithstanding Paragraphs 13.1
and 13.2, City may from time to time during the term of this
Agreement modify any of the matters described in Subparagraphs
13.1.1 through 13.1. 8 and each such modifications shall apply to
the Property if the modification:
13.3.1 No Conflict. Does not conflict with any
provisions described in Subparagraph 13.1.1 through 13.1.8 in
force on the date City Council adopts the ordinance described in
Paragraph 1.8; and
13.3.2 Application of Modification. Is applied on a
city-wide or community-wide basis.
13.4 Effect of Enactment of City, State or Federal Laws
Preventinq Compliance. If city, state or federal laws or
regulations enacted or amended during the term of this Agreement
prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits
3nnrnvpd by City:
13.4.1 Delivery of Notice of New Law or Amendment. The
party first becoming aware of such newly enacted law or amendment
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shall, within 15 days thereafter, give the other party written
notice of such city, state or federal law or regulation together
with a copy of such law or regulation and a statement of the
provision(s) of this Agreement with which such law or regulation is
in conflict;
13.4.2 Negotiation by Parties. The parties shall,
within 30 days of delivery of such notice, meet and confer in a good
faith in a reasonable attempt to modify this Agreement to comply
with such federal or state law or regulation; and
13.4.3 City Council Hearing. Thereafter, regardless of
whether the parties reach an agreement on the effect of such
federal or state law or regulation upon this Agreement, the matter
shall be scheduled for hearing before City Council; ten days
written notice of such hearing shall be given pursuant to
California Government Code section 65854.5 and San Jacinto
Ordinance No. 831. City Council, at such hearing, shall determine
the exact modification or suspension which is necessary because of
the federal or state law or regulation. At the hearing, Property
Owner shall have the right to offer testimony. Any modification or
suspension of this Agreement shall be undertaken only upon the
affirmative vote of not less than a majority of the authorized
voting members of City Council. Any such suspension or
modification shall be subject to judicial review under Paragraph 23
of this Agreement.
13.5 Pees and Improvement Standards. Any application,
processing or inspection fees, as well as improvement standards as
UD set forth in City subdivision regulations, building codes, or
construction standards and specifications now or hereafter in
existence, shall apply to the Project if (i) the fees, standards
and specifications are applicable to all applications for
construction or building permits for private projects in City or
apply to all public works within City, (ii) their applications to
the Project is prospective only as to applications for building and
other development permits or approvals of tentative subdivision
maps not yet accepted for processing and (iii) their application
does not prevent development pursuant to Paragraphs 13.1 and 13.2
of this Agreement.
13.6 Moratoriums. If City is unable to satisfy itself that
City is capable of financing the Public Improvements and thus must
declare a limited development moratorium until such time as the
financing for said facilities is approved, Property Owner shall be
exempt from the limited development moratorium, because Property
Owner, by this Agreement, has secured payment of its fair share of
the Public Improvements. Nothing in this Agreement waives City's
general police powers to declare a development moratorium for other
purposes, which moratorium shall apply to the Property.
14. Cooperation in Securing Governmental Permits/Conflicts
of Laws. City shall cooperate with Property Owner in the securing
of all permits which may be required by City or any other
governmental agency for the development of the Project pursuant to
this Agreement.
15. Breach, Remedies and Termination.
15.1 Notice of Breach. If either party breaches any provision
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of this Agreement the other party may give the breaching party not
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less than 30 days' written notice of breach measured from the date
of delivery of such notice, specifying the nature of the alleged
breach, and, where appropriate, the manner and period of time in
which the breach may be satisfactorily cured. During any cure
period, the breaching party charged will not be considered in
breach for the purposes of termination of this Agreement or
institution of legal proceedings. If the breach is cured during
the 30 days" notice period or any applicable cure period, then no
breach will exist and the party giving the notice will take no
further action as to the cured breach.
15.2 Notice of Intent to Cancel. If after proper notice and
the expiration of the 30-day period and any additional cure period,
the breach has not been cured, the noticing party may, at its
option, institute legal proceedings pursuant to Paragraph 23 of
this Agreement or give notice of intent to cancel this Agreement
pursuant to California Government Code section 65686. Within 30
days after delivery to the breaching party of the notice of intent
to cancel, the matter shall be scheduled for consideration and
review by City Council, in the manner set forth in California
Government Code sections 65865.1, 65867 and 65868.
15.3 Delivery of Notice of Intent to Cancel. Following
consideration of the evidence presented before City Council, either
party alleging a default by the other party may, at its option,
give written notice of intent to cancel this Agreement to the other
party.
15.4 Failure or Delay Not a Waiver. Failure or delay in
giving notice of breach pursuant to this article shall not be a
r waiver of any breach. Except as otherwise expressly provided in
this Agreement, any failure or delay by the other party in
asserting any of its rights or remedies as to any breach shall not
operate as a waiver of any breach or of any such rights or remedies
or deprive such party of its right to institute and maintain any
action which it may deem necessary to protect, assert or enforce
any such rights or remedies.
16. Annual Review by City. City shall, at least once every 12
months during the term of this Agreement, determine whether
Property Owner is in good faith substantially complying with the
terms of this Agreement pursuant to the following provisions:
16.1 Delivery of Reports; Property Owner°s Right to be Heard.
City shall, to the extent practical, deliver to Property Owner
copies of all staff reports and related exhibits concerning
Property Owner's performance under this Agreement at least 30
calendar days prior to any such review or action upon this
Agreement by the Planning Commission or City Council. Upon
Property Owner's request, Propery Owner shall be permitted an
opportunity to be heard orally and in writing regarding its
performance under this Agreement before any written action is taken
by the Planning Commission or City Council under this Agreement.
16.2 Property Owner's Duty to Demonstrate Good Faith
Substantial Compliance. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
numerous requirements (for example, construction standards,
landscape standards, etc.) and that evidence of compliance with
Cd each and every such requirement would be a wasteful exercise of the
Zparties' resources. Accordingly, Property Owner shall be deemed to
have satisfied its duty of demonstration when it presents evidence
of its good faith and substantial compliance with (i) the
provisions of Specific Plan 1-85 (ii) , the Ordinance 340, the
zoning ordinance, (iii) regulations concerning the uses, number,
types, densities and sizes of structures completed (iv) required
reservations and dedications to City and (v) the payment by
Property Owner of its fair share of the cost of the public
improvements pursuant to this Agreement. Either party may address
any requirement of this Agreement. However, City shall deliver 30
days` written notice to Property Owner of any requirement it
desires to be addressed. If, at any time of hearing an issue not
previously identified in writing is required to be addressed by
City, the hearing at the request of either party shall be continued
to afford sufficient time for anaylsis and preparation.
16.3 Substantial Evidence That Property Owner has not Complied
With This Agreement. If, as a result of a periodic review, City
finds, on the basis of substantial evidence, that Property Owner
has not complied in good faith with items described in Paragraph
16.2 or such other requirements addressed pursuant to Paragraph
16.2, City may terminate or modify this Agreement pursuant to the
provisions of Article 16.
17. Enforced Delay and Extension of Times of Performances. In
addition to specific provisions of this Agreement, performance by
either party hereunder shall not be deemed to be in default where
delays or defaults are demonstrated to be due to acts of God, war,
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for omissions of other governmental agencies, or other causes beyond
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=he reasonable control of such party. An extension of time in
writing for any such cause shall be granted for the period of the
enforced delay, or longer as mutually agreed upon, which period
shall commence to run from the time or commencement of the cause of
delay.
18. Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time by the mutual consent of the parties
hereto and only in the same manner as its adoption by an ordinance
as set forth in California Government Code sections 65867, 65867.5
and 65868. The term "this Agreement" as used in this Agreement
shall include any such amendment properly approved and executed.
19. Enforcement. Unless amended or cancelled as provided in
Paragraph 16, this Agreement shall be enforceable by any party,
notwithstanding a change in the San Jacinto General Plan or the
Master Development Plan, zoning, subdivision or building regulations
adopted by City which alters or amends the rules, regulations or
policies governing permitted uses of the Property, the density,
design, improvement and construction standards and specifications.
20. Project is a Private Undertaking. Except as provided by law,
the parties specifically understand and agree that the Project is a
private development; that the City has no interest or responsibility
for or duty to a third party concerning any improvements until such
time and only until such time that City accepts, by deed of
dedication, the same
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pursuant to the provisions of this Agreement or in connection with
the various subdivision map approvals; that Property Owner shall
M have full power over and exclusive control of the Property subject
only to the limitations and obligations of Property owner under
this Agreement and enforcement of this Agreement by City.
21. Administrative Costs. Property owner agrees that a reasonable
amount of the fees, described in Paragraph 12 above, may be used by
City to offset administrative costs incurred by City in
administering this Agreement.
22. Applicable Law/Attorneys' Fees. This Agreement shall be
construed and enforced in accordance with the laws of the State of
California. Should any action be brought in any court of competent
jurisdiction, the prevailing party in such action shall be entitled
to all attorneys' fees, court costs and necessary disbursements in
connection with such litigation.
23. Institution of Legal Action. In addition to any other rights
or remedies, either party may institute legal action to (i) cure,
correct or remedy any default, to enforce any covenants or
agreements herein or to enjoin any threatened or attempted
violation thereof, (ii) recover damages for any default or (iii)
obtain any other remedies consistent with the purpose of this
Agreement. Such legal actions must be instituted in the Superior
Court of the County of Riverside, State of California, or in the
Federal District Court in the Southern District of California.
24. Notices. All notices required or provided for under this
Agreement shall be in writing and will be deemed to have been duly
delivered upon personal delivery or as of the second business day
after mailing by United States certified mail, return receipt
requested, postage prepaid and addressed as follows:
City of San Jacinto
201 East Main Street
San Jacinto, California 92363
Attention: Mr. Ross Nammar
Notices recuired to be given to Property Owner shall be
addressed as follows:
Soboba Associates
11650 Riverside Drive
North Hollywood, California 91602
Attention: Michael A. Freed, Esq.
A party may change the address by giving notice in writing to the
other party and thereafter notices shall be addressed and
transmitted to the new address.
25. Rules of Construction and miscellaneous Terms.
25.1 Gender; Number. The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory, "may"
is permissive.
25.2 Joint and Several Obligation. If a party to this
Agreement consists of more than one person or entity, their
obligations are joint and several.
a STATE OF CALIFORNIA fss.
COUNTY
E ' December 28, _1987 _„before me,the undarsigned,a Notary Public in and for
2 said state.personally appeared..____Way-na—.TrS-Luar-'rand—Helan--Behar-man
_
E —
ccpersonally known to me(or Droved to me on the basis of sells
m factory evidence)Who the person(s)whose name(s)is/are sub- oPflCIAL SEAL
v
a scribed to thewllhlnmstrumentandacknowledgedtomelhalem
R.HERNANDEZ
= he/she/they executed the same. NOTARY PUBLIC•C/L IFORNIA
` PRINCIPAL PUBLIC,rICLIN
fRIsin Ex COUNTY
°a WITNESS my hand and official seal. p Commitsidn fspres July 9,1989
•`"� . (This area forolficial notarial seal)
Signature...
SOBOBA ASSOCIATES,
a California limited partnership
OCEAN PARK CORPORATION, a California
carp ation Gen rad. Pa�ner
Michael A. Freed, President
I hereby approved the form and legality of the foregoing
agreement this day of 198E
City Attorney
ByL
STATE OF CALIFORNIA )
COUNTY OF LOS .AN'GELY.'S )
ss.
On March 23, 1988 before me, the undersigned, a Notary Public in and for said State
personally appeared MICH.AEL A. FREED known to me to be the PRESIDENT of OCEAN PARK
CORPORATION, the corporation that executed the within instrument and known to me to
be the person who executed the within instrument on behalf of said corporation, said
corporation being known to me to be a General Partner of SOBOBA .ASSOCIATES, the
partnership that executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such partnership executed the
same.
WITNESS my hand and official seal.
�~ Notary Public in and for said State
EXHIBIT "A"
nrooerty Description
The "Villages of Soboba" project areas as shown °cludFn the
file with the City Clerk, City oF '
San Jacinto, 9
Soboba Springs Country Club, Villages I through VI inclusive,
all of which are within the boundaries of the San Jacinto
Community facilities District 11.
EXHIBIT "B"
The facilities and services of the CFD will include:
1. A bridge crossing the San Jacinto River;
2. The widening and improvement of Main Street and Soboba
Springs Road, such improvement to consist of the con-
struction of curbs, gutters, sidewalks, street lighting,
fire hydrants, landscaping and storm drains_
3. Water, sewer and other public utilities;
4. A permanent fire station, fire truck and staffing;
S. A police unit and staffing;
6. A sewer lift station, water retention structure, water
well pump station and three-acre park.
EXHIBIT "C"
zi On Tract Public Improvements
Public improvements to be designed and constructed within
the approved and to be approved tract boundaries of Villages
I through VI inclusive, in accordance with approved and to be
approved plans and specifications , shall include but may not
be limited to the following:
I . Public Sewer Systems
2. Public Water Systems - domest'ic & fireflow
3. Streets for public use including curbs and gutters,
asphalt and paving, sidewalks , streetlights and trees
4. Various drainage systems to be designed and approved
as required
5. Electric service, S.C. Edison Company
6. Gas service, S.C. Gas Company
7 . Telephones , General Telephone
EXHIBIT "A"
Pronerty Description
The "Villages of Soboba" project areas as shown on map on
file with the City Clerk , City of San Jacinto, including the
Soboba Springs Country Club, Villages I through VI inclusive,
all of which are within the boundaries of the San Jacinto
Community facilities District 01
EXHIBIT "B"
The facilities and services of the CFD will include:
1. A bridge crossing the San Jacinto River;
2. The widening and improvement of Main Street and Soboba
Springs Road, such improvement to consist of the con-
struction of curbs, gutters, sidewalks, street lighting,
fire hydrants, landscaping and storm drains.
3. Water, sewer and other public utilities;
4. A permanent fire station, fire truck and staffing;
5. A police unit and staffing;
6. A sewer lift station, water retention structure, water
well pump station and three-acre park.
EXHIBIT "C"
On Tract Public Imnrovements
Public improvements to be designed and constructed within
the approved and to be approved tract boundaries of Villages
I through VI inclusive, in accordance with approved and to be
approved plans and specifications, shall include but may not
be limited to the following:
I . Public Sewer Systems
2, Public Water Systems - domestic & fireflow
3, Streets for public use including curbs and gutters,
asphalt and paving, sidewalks, streetlights and trees
4. Various drainage systems to be designed and approved
as required
5. Electric service, S.C. Edison Company
6. Gas service, S.C. Gas Company
7. Telephones, General Telephone