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Ordinance No. 981423 ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DEVELOPMENT AGREEMENT NO. 98 -1 BETWEEN THE CITY OF CYPRESS AND THE OLSON COMPANY. WHEREAS, Sections 65864 et sec. of the Government Code of the State of California and Division 12 of Section 35 of the Code of the City of Cypress authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and WHEREAS, in accordance with the procedure specified in said Section 35, The Olson Company, a California corporation, has filed with the City of Cypress an application to enter into a development agreement with the City, which application has been reviewed and accepted for filing by the Community Development Director; and WHEREAS, notice of the City's intention to consider adoption of a development agreement with The Olson Company, had been duly given in the form and manner required by law, and the City Council of said City conducted a public hearing on November 9, 1998, at which it was heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. Findings The City council hereby finds and determines, with respect to the proposed development agreement by and between the City of Cypress and The Olson Company, (hereinafter the "Development Agreement No. 98 -1 ") that it: a. Is consistent with the objectives, policies, general land uses and programs specified in the City of Cypress' General Plan in that the Development Agreement No. 98 -1, makes reasonable provision for the use of certain real property for residential uses, as in said General Plan; b. Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property referred to therein is located as the Development Agreement provides for residential uses; c. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and d. Will not be detrimental to the health, safety, and general welfare because it provides adequate assurances for the protection thereof. SECTION 2. Approval. Development Agreement No. 98 -1, Exhibit "A" attached hereto and made a part hereof by this reference as if set forth in full, is hereby approved. The Mayor is authorized and directed to evidence such approval by executing Development Agreement No. 98- 1 for, and in the name of, the City of Cypress; and the City Clerk is directed to attest thereto; provided, however, that Development Agreement No. 98 -1, shall not be executed by the City until this Ordinance takes effect. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three (3) public places throughout the City. 424 FIRST READ at a regular meeting of the City Council of said City held on the 9th day of November , 1998 and finally adopted and order posted at a regular meeting held on the 23rd day of November , 1998. MAYOR • F THE CIT OF CYPRESS ATTEST: oh CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 23rd day of November , 1998, by the following roll call vote: AYES: NOES: 4 COUNCIL MEMBERS: c 0 COUNCIL MEMBERS: N ABSTAINED: 1 ABSENT: arroll, Keenan, Piercy and Jones one COUNCIL MEMBERS Bowman 0 COUNCIL MEMBERS: N one CITY CLERK OF THE CITY OF CYPRESS Recorded At The Request Of, And When Recorded Mail To: City of Cypress 5275 Orange Avenue Cypress, CA 90630 Attn: City Clerk [Exempt from recording fee per Government Code §6103] DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into as of November 10, 1998 (the "Agreement Date "), by and between THE OLSON COMPANY, a California corporation ( "Developer "), and the CITY OF CYPRESS, a municipal corporation organized and existing under the laws of the State of California ( "City "). RECITALS A. California Government Code Section 65864, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. B. Developer has an equitable interest in that real property located entirely within the City at the junction of Denni Street and Gay Street, the legal description of which is set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference ( "the Site "). Developer has an equitable interest in the Site by virtue of its entry into those certain purchase and sale agreements with the five owners of the parcels which constitute the Site. The Developer intends to construct a maximum of thirty (30) detached single family houses on the Site as more fully described herein (the "Project "). The maximum number of homes that may be constructed and other Project specifications are set forth in Exhibit `B" attached hereto and incorporated herein by reference (the "Specifications "). C. The Site is now designated medium density residential in the City General Plan land use element (the "General Plan"), and is zoned RS 5000 in the City's zoning ordinance (the "Zoning Ordinance "), as the General Plan and Zoning Ordinance have been amended in conjunction with the approval of this Agreement. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles and in a manner consistent with the General Plan and the Zoning Ordinance. D. On , 1998, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer. Said Ordinance shall become effective on , 1998. NOW, THEREFORE, the parties hereto agree as follows: 618660.3Ugoetz\22782.0001 11/16/98 426 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" shall mean the City of Cypress. b. "Developer" shall mean The Olson Company. c. "Specifications" shall mean the development plans and specifications governing development of the Site as approved by the City Council and incorporated herein by reference, which shall consist of a site plan, architectural elevations, floor plans, preliminary grading and improvement plans, conceptual landscape /wall and fencing plan, and color and materials boards, inclusive, and the various conditions of approval set forth in Exhibit `B" attached hereto. d. "Project" shall mean that development approved for the Site as provided in this Development Agreement and as more specifically described in the Specifications. e. "Effective Date" shall mean the 30th calendar day following adoption of the Ordinance approving this Agreement by City's City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforceable as any other provision of this Agreement. 3. Binding Effect of Agreement. Developer hereby subjects the Project and the Site to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer's successors and assigns in title or interest to the Project or Site or any portion of the Project or Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Project or Site or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement, regardless of whether such covenants, reservations, and restrictions, are set forth in such contract, deed, or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project and Site by Developer and the future occupants of the Site, the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations, and restrictions benefit all other real property located in the City of Cypress. 4. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 618660.3Ugoetz\22782.0001 11/16/98 -2- 5. Term of Agreement. The Site shall be subject to the specific terms and provisions hereof which shall supersede conflicting standards and requirements of the General Plan, the Zoning Ordinance, or any successor provisions thereto so long as this Agreement is in full force and effect. The duration of this Development Agreement shall be four (4) years following the Effective Date. Upon expiration of the second (2nd) year period commencing immediately after the Effective Date, if the Developer has not performed construction work on the Site or any portion or portions thereof pursuant to a building permit or permits issued by City, that portion of the Site upon which construction work has not then been performed shall then be deemed to be govemed accordingly by the then current provisions of the General Plan and the then Zoning Ordinance. As to that portion of the Site on which construction work has been performed prior to the expiration of said second (2nd) year period, the provisions of this Development Agreement shall continue to apply until this Agreement is amended or terminated by the Parties hereto or their respective successors or assigns. For the foregoing purpose, construction work shall not include preparation of plans, engineering work or grading. 6. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer this Site to any person or entity at any time during the term of this Development Agreement. Any such transfer shall be deemed to include an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. Notwithstanding the foregoing, no transfer or assignment by Developer shall be deemed effective unless and until Developer and assignee (or, as applicable, the assignee and a subsequent assignee) deliver to City an executed assignment and assumption agreement in a form and with content reasonably acceptable to the City Attorney. 7. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement. b. The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes, the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement and the Specifications. 8. Effect of City Regulations on Development of Project. Except as expressly provided in this Development Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the General Plan and the Zoning Ordinance, in effect as of the effective date of this Development Agreement, shall apply to the construction and development of the Site. 618660.3Ugoetz\22782.0001 11/16/98 -3 - 428 a. The provisions of this paragraph shall not preclude the application to the development of the Site those changes in City Ordinances, regulations, plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. b. The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be pursuant to those fees in effect at the time application is made for such approvals or permits; provided, however, that the above limitation shall not include (i) building, planning, or engineering fees or like fees imposed to recover costs, including but not limited to costs associated with processing and review of applications, plans, specifications, etc., and (ii) exactions levied by any other public or quasi - public agency or public or quasi - public entity, or any utility, whether or not such exaction is collected by the City. c. City may apply any and all new ordinances, rules, regulations, plans and specifications to the development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the Effective Date. d. Nothing herein shall prevent the application of health and safety regulations (e.g., fire, building, seismic, plumbing, and electric codes) that become applicable to the City as a whole. 9. Permitted Uses. Those uses allowed on the Site shall be those uses described above in the Specifications. 10. Annual Review. During the term of this Development Agreement, City shall annually review the extent of compliance by Developer with the terms of this Development Agreement in conformance with California Government Code Section 65865 and pursuant to the City's procedures set forth in Cypress Zoning Code Section 35.183. Notwithstanding any other provision herein to the contrary, failure of City to conduct the periodic review shall not be a default of City or Developer of this Agreement. 11. Indemnification. Developer agrees to, and shall, hold City and its elected and appointed officials, officers, agents, and employees harmless from liability (including attorneys' fees and expert witness fees) for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the construction and operation of the Project or Site, except to the extent caused by the negligence or wilful misconduct of the City or its elected or appointed officials, officers, agents, or employees. Developer agrees to, and shall, defend City and its elected and appointed officials, officers, agents, and employees with legal counsel reasonably acceptable to both parties, with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project or Site. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project or Site. 618660.3Ugoetz\22782.0001 11/16/98 -4- 12. Amendments. This Agreement may be amended or canceled, in whole or in part, in the manner provided for in California Government Code Section 65868., et seq., or successor provisions thereto. 13. Minor Amendments to Specifications. Upon the written application of Developer, minor modifications and changes to the Specifications may be approved by the Community Development Director. 14. Enforcement. In the event of a default under the provisions of this Development Agreement, the party not in default shall give written notice to the other party reasonably detailing such default by registered or certified mail addressed at the address stated in this Development Agreement, and if such violation is not corrected to the reasonable satisfaction of the non- defaulting party within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued), then the non - defaulting party may, without further notice, declare a default under this Development Agreement and, upon any such declaration of default, may bring any action necessary to specifically enforce the obligations of the defaulting party growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation of any provision of this Development Agreement, or apply for such other relief as may be appropriate, provided, however, that Developer shall not be entitled to, and Developer expressly waives any right to, seek or obtain any monetary damages of any kind from City relating to this Agreement. 15. Event of Default. Developer is in default under this Agreement upon the occurrence of one or more of the following events or conditions, which has not been cured by the time set forth in Section 14 hereof: a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. If a finding determination is made by City following an annual review pursuant to paragraph 10 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 14 hereinabove; or c. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 14 hereinabove. 16. No Waiver of Remedies. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of the 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. 17. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Site or Project, or any part thereof, the beneficiary ( "Lender ") 618660.3Ugoetz\22782.0001 11/16/98 -5- 430 of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien ( "trust deed "); c. Transfer, convey or assign the title of Developer to the Site or Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 18. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to any Lender that has requested, in writing, that City provide it with written notice. City shall afford such Lenders as have requested written notice from City the opportunity, after delivery of the notice, to cure the breach or default within the time periods set forth in Section 14. 19. Notice. All notices required under this Agreement or by law shall be delivered (i) by personal delivery, (ii) by reputable document delivery service that provides a receipt showing the date and time of delivery, or (iii) by United States mail, prepaid, certified, return receipt requested, and delivered to the parties at the addresses indicated below: To Developer: To City: The Olson Company 3020 Old Ranch Parkway, Suite 250 Seal Beach, CA 90740 Attention: David Schaffer City of Cypress 5275 Orange Avenue Cypress, California 90630 Attention: Community Development Director 20. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 21. Law; Forum; Litigation Matters. This Agreement shall be governed by and construed under the laws of the State of California. The Municipal and Superior Courts of the State of California in and for the County of Orange, or any other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties hereto concerning this Agreement. In the event of any litigation between the parties hereto concerning this Agreement, the prevailing party in such litigation shall be entitled to its reasonable attorney's fees and costs in addition to whatever other relief is granted. Attorney's fees shall accrue as of 618660.3Ugoetz\22782.0001 11/16/98 -6- the commencement of the action and shall include, but not be limited to, fees and costs incurred in discovery, for expert witnesses, and for appeal. Service of process on Developer shall be made in any manner permitted by law and shall be effective whether inside or outside of California. Service of process on City shall be made in accordance with the requirements for service of process on public entities. 22. Police Power. Nothing in this Agreement shall be construed as a derogation of the City's police power to protect the public health or safety. Any moratoria enacted by City to protect the public health or safety, and which are imposed on the Site prior to the earlier of (i) termination of this Agreement or (ii) completion of the Project as evidenced by a certificate of occupancy for the last dwelling unit to be built on the Site, shall toll the time periods for performance by Developer, and shall serve to extend the time period for Developer's performance for the same time period as the particular moratorium is in effect. 23. Partial Invalidity. If any provisions of this Development Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 24. Recordation. This Development Agreement shall be recorded in the Official Records of the County Recorder of the County of Orange within ten (10) calendar days following the Agreement Date. In the event this Development Agreement is not executed by all parties and recorded as of the date specified herein, this Development Agreement shall be null and void. 25. Nonliability of City Officers and Officials. No officer, official, employee, or agent of City shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, including any attorney's fees and costs incurred, arising out of or connected to this Agreement or the Project or the Site, or for any act or omission on the part of the City or any City officer, official, employee, or agent. 26. Covenant Against Discrimination. Developer and City covenant for themselves and their respective successors and assigns that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, or any other unlawful classification. 27. Agreement Date. The Agreement Date of this Agreement shall be the latest of the dates set next to the signatures of the parties evidencing full execution of this Agreement, which Agreement Date shall be inserted into the preamble to this Agreement. 28. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 618660.3Ugoetz\22782.0001 11/16/98 -7- 431 432 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Agreement Date. CITY: THE CITY OF CYPRESS, a municipal corporation Dated: , 1998 By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney DEVELOPER: THE OLSON COMPANY, a California corporation Dated: , 1998 By: David Schaffer, Vice President of Development Dated: , 1998 By: Secretary 618660.3Vgoetz\22782.0001 11/04/98 -8- EXHIBIT "A" LEGAL DESCRIPTION A portion of the Northwest Quarter of Section 8, Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on map recorded in Book 51, Page 11, miscellaneous maps in the County or Orange, Califomia. 618660.3Ugoetz\22782.0001 11/16/98 Exhibit A -1 434 EXHIBIT "B" CONDITIONS AND DEVELOPMENT STANDARDS 1. Uses: As to the uses, the Site shall be developed with a maximum of 30 detached single family homes, in accordance with the Specifications, the development standards herein and other specific criteria set forth in this Agreement, including this Exhibit `B ". Additional uses allowed in this shall include: a. Temporary sales offices and model homes, provided that each and every provision of the Cypress City Code are met by the model home use. 2. Lot Size: All Lots, with the exception of Lot 23 of Tract Number 15754, shall be a minimum of 5000 square feet net. Lot 23 shall be a minimum of 4400 square feet net. 3. Lot Configuration: The seven Lots directly adjacent to Gay Street shall be configured so that each house fronts onto Gay Street. 4. Building Density: The net density for the project shall not exceed 5.7 dwelling units per acre. The developer shall be allowed to construct a maximum of 30 detached single family homes as shown on the Site Plan contained with the specifications. 5. Dwelling Unit Area: Each dwelling unit shall have a liveable gross floor area of not less than twenty -one hundred and twenty six square feet (2,126), and not more than twenty five hundred and sixty four square feet (2,564). Computation of gross floor area shall not include the garage square footage. 6. Building Height: No building or structure shall exceed (2) stories in height or 28 feet, whichever is less. For this project, building height shall be defined as "the vertical distance from the lowest adjacent grade to the highest point on the structure." Architectural features such as chimneys, skylights or other similar features, may exceed the maximum height permitted, subject to the review and approval of the Community Development Director. 7. Street Dedication: The City shall maintain all streets dedicated on Tract Map Number 15754. 8. Parking and Circulation: Parking and circulation for the Project shall be provided in accordance with the following criteria: a. For each dwelling unit there shall be two covered parking spaces located within an enclosed garage. Sectional roll -up garage doors with automatic openers shall be required for all garages in the project. b. For each dwelling unit there shall be, in addition to the two spaces in the garage, two additional parking spaces for each unit located in the 20' driveway apron. c. Guest parking spaces shall be provided along both sides of the public road running through the project and along one side of each of the private driveways serving Lots 15 -17 and Lots 22 -24. d. The internal public road shall maintain a minimum width of thirty -six (36) feet with sidewalk on both sides, except for the segment perpendicular to Gay Street which has no parking, and is 32' in width with sidewalk on both sides. 9. Paving Treatment for Private Drive: The developer shall provide concrete treatment to the two private 32' wide driveways accessing Lots 15 -17 of Tract 15754 and Lots 22 -24 of Tract 15754. They will be privately maintained by the six (6) homeowners who access their homes via these private driveways. 10. Landscaping: Developer shall provide a detailed final landscaping and full coverage irrigation plan. Said landscaping and irrigation plan shall be reviewed and approved by the Community Development Director prior to the issuance of any building permits. Approved landscaping and irrigation shall be installed and final inspection obtained and approved prior to a Certificate of Occupancy being issued for any unit (s). 11. Fencing Plan: A fencing plan shall be submitted to the Community Development Director for review and approval prior to the issuance of any building permits. The plan shall include the following specifications: a. Developer will install a 7' tan slumpstone wall adjacent to the existing railroad right of way. b. Developer will install a 6' tan slumpstone wall along the remaining portion of the perimeter of the project, including the area behind six (6) of the units fronting onto Gay Street. c. No security gates shall be installed at either the Gay Street or Denni Street entrances to the development. 12. Lighting: As to lighting requirements, the Developer shall provide street lights per the specifications of the Public Works Department. 13. Fire and Life Safety: Developer shall comply with all requirements regarding fire flow and hydrants specified by the Orange County Fire Authority. All required water mains, fire hydrants, and fire personnel access shall be installed and operational prior to any combustible materials being brought on to the Site. 14. Architecture and Design: Architectural control criteria are intended to establish a high level of design quality and continuity for all units to be constructed pursuant to this Development Agreement. The goal is to use materials which provide 436 permanence and classic elegance. The architectural treatments shall be in substantial conformance with the elevations submitted to the City on July 8, 1998 15. Subdivision: Approval of the project shall be contingent upon City Council approval of the Tentative Tract Map. The Final Tract Map shall be recorded prior to the issuance of any building permits. 16. Utilities, Grading and Improvements: All on -site sewer, storm drain, water systems and utility facilities to service the project site shall be publicly owned and maintained by the provider. In addition, the Developer shall: a. Submit the Grading and Improvement Plans to be reviewed and approved by the City Engineer prior to issuance of Grading and /or Building Permits. Such improvements shall be constructed prior to building occupancy. b. Developer shall submit a soils report prepared by a qualified Soils Enginer to the Engineering Division for review and approval prior to issuance of Grading and/or Building Permits. c. Construct curbs, gutters, sidewalk, paving, lighting and conduit and related appurtenances, and related improvements on the project site as necessary to facilitate the proposed development as required by the City Engineer, prior to building occupancy. d. An underground storm drain system is to be installed by the developer, which will tie in to the proposed storm drain system at Crescent Street. The storm drain system will be large enough to accommodate run -off from the existing homes along Gay Street. The City of Cypress will enter into a Reimbursement Agreement with the Developer for the necessary construction of the storm drain facilities shown on the City's Master Storm Drain Plan. e. All improvements shall be constructed or bonded for prior to approval of the Final Tract Map. f. All utilities serving the project shall be publicly owned and maintained by the provider. 17. Grading and Exterior Construction Activity: During the grading and construction phases of the project, all site preparations, grading and construction activities shall only take place between the hours of 7:00 am to 7:00 pm, Monday through Saturday. No engines or mechanical equipment shall be operated outside the permitted construction hours. 18. Work Outside Project Limits: In writing in advance, the Developer shall obtain adjacent property owners' permission for any work to be performed outside the Project property lines. 19. Wall and Fencing Plan: The design and location for all walls and fences shall be subject to the approval of the Community Development Director and City Engineer. The final Wall & Fencing Plan shall be in substantial conformance with the conceptual information specified on the site plan. 20. Relationship to the Zoning Ordinance: This Development Agreement augments the development regulations and standards of the Cypress City Ordinance. In the event that the provisions of the Development Agreement are in conflict with the Cypress City Ordinance, the conditions of the Development Agreement shall prevail. 21. Interpretation: The Community Development Director or designee shall have the responsibility to interpret the provisions of these Development Agreement standards and regulations. Any property owner within the project that is aggrieved by such an interpretation may request that such interpretation be reviewed by the City Council. 22. Fees: The Developer shall pay any and all fees due prior to the issuance of any building permits and prior to the Final Tract Map approval. 23. Conformance: The Community Developer Director shall review and approve any and all proposed structures for substantial conformance with the specifications and standards set forth herein as to building location, building square footage, site circulation, signage, and architecture prior to the issuance of any building permit. 24. Rezoning of Property Upon Default: Developer acknowledges and agrees, for itself and for its successors and assigns to the Project or site or any portion thereof, that (i) the intent of the parties hereto in entering into this Agreement is to confirm and accommodate only the Project described hereinabove, (ii) the zoning of the Site as RS -5000 has been approved by the City in conjunction with the approval of this Agreement, and (iii) in the event of a breach or default of this Agreement by the Developer or its successors following required notice and expiration of all applicable cure periods and termination of this Agreement pursuant to applicable law, City staff will recommend to the City Council that the City undertake and complete the necessary steps to rezone the Site to RS -6000 to revert the Site to the zoning classification existing immediately prior to the adoption and approval of this Agreement and the rezoning of the Site to RS -5000 that was approved in conjunction with the approval of this Agreement. Developer acknowledges and agrees that a breach or default by Developer of the terms of this Agreement, which results in the termination of this agreement, shall render the purposes of this Agreement void and shall justify City action to rezone the Site to RS -6000 as stated hereinabove.