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HomeMy WebLinkAboutAGENDA REPORT 2009 0107 CC REG ITEM 10F 10. F. City Council Meeting of o ACTION: =`ter-�w'•7� �../1/'1/- '� .. MOORPARK CITY COUNCIL BY: AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Planning Director Prepared By: Joseph R. Vacca, Principal Planne DATE: December 22, 2008 (CC Meeting of 1/07/2009) SUBJECT: Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Pardee Homes (PA 1- 7) and KB Home (PA 8-9) BACKGROUND: Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On October 6, 1999, the Moorpark City Council adopted Ordinance No. 263 (effective November 5, 1999), approving a Development Agreement between the City of Moorpark and Fountainwood Agoura (Morrison-Fou ntainwood-Agou ra). The agreement was approved in connection with Moorpark Highlands Specific Plan No. 2; a 445-acre, master planned community, located east of Walnut Canyon Road and north of Charles Street. The agreement remains in full force and effect for 20 years from the operative date of the agreement (until November 5, 2019), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. Provisions of the agreement require an annual review and report to the City Council on the status of completion of all aspects of the agreement. The 2007 annual review was completed on January 16, 2008. Pardee Homes is successor in title and current developer of Planning Areas 1 through 7 of Specific Plan No. 2, which includes 322 single-family residential units, 102 multi-family residential units, the open space areas, school property s IMA)SO Honorable City Council January 7, 2009 Page 2 and public park. Although KB Home has purchased and intends to develop 132 single- family residences within Planning Areas 8 and 9, Pardee Homes has retained responsibility for requirements of the Development Agreement, and has therefore submitted the necessary application form, related materials, and fee/deposit for the 2008 annual review. The Planning Director has reviewed the submitted information and the project status and provides the following report. DISCUSSION: Current Project Status The following aspects of Specific Plan No. 2 were completed since the last Development Agreement Annual review: • Planning Area 1, Magnolia Lane has 95 units constructed with all sold and occupied except for two of the three original model home units which are in the process of being converted back to for sale units. • Planning Area 4, Shenandoah has 78 units constructed and occupied. • All underground utilities have been constructed. All of the project's public streets have been paved, and the final "lift" of asphalt has been completed. • The connection of Spring Road to Walnut Canyon Road, including operational traffic signals and the final "lift" of asphalt, opened February, 2008. • All storm drain and utility construction has been completed, and final street grades have been established and paved in PA 8 and 9. • The off-site Spring Road wall plans were approved by City Council and staff and Pardee acquired rights-of-entry from property owners, and completed construction of the wall and associated landscaping. The City accepted the maintenance responsibility of the landscaping in February, 2008. The following aspects of Specific Plan No. 2 are currently underway: • Planning Area 3, Cherry Hill has 59 units constructed and occupied. • Construction of the 3-unit model complex of PAS,Waverly Place,the 102 unit multi- family portion of the project, has been completed. PA 5 will have a total of 25 affordable units, for buyers who meet the criteria for low and very low income. Permits have been issued for 24 multi-family buildings, which will contain a total of 72 units and final occupancies have been issued for all units including 17 affordable units. • Park improvements in PA 7 have been approved by the City Council and are currently underway and staff is monitoring construction. \\mor_pri_sery\Department Share\Community Development\ADMIN\AGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc 00051 Honorable City Council January 7, 2009 Page 3 • KB Home constructed their model home complex which includes three model homes, a parking area and a sales trailer, but has now closed the model complex and is not selling homes. Developer Compliance with Terms of Agreement The developer's responsibilities are included in Section 6 of the Development Agreement and include 32 specific requirements, as summarized below. Compliance with the terms and conditions of the Development Agreement will occur at various stages of the development process. Action by the developer and other clarifying information has been noted. NO. REQUIREMENT STATUS 1. Compliance with Development Agreement, To date the developer is in compliance with ro'ect approvals and subsequent approvals. this requirement. 2. Land dedicated to the Moorpark Unified School An agreement with Moorpark Unified School District (MUSD)to be deed restricted by District was reached on November 18, 2005. covenant to limit use of the land to school MUSD has indicated it is no longer facilities for kindergarten through 12th grade. interested in acquiring the site. This action has required further discussions by Pardee, MUSD and the City. 3. Lands and interests in dedicated lands to be The developer must provide clear title to any free of liens and encumbrances. property required for dedications. Final maps were reviewed for compliance with this requirement prior to recordation. 4. Payment of"Development Fees"of seven These fees are adjusted annually(until paid) thousand three hundred dollars ($7,300.00) per using the Consumer Price Index (CPI) in residential unit and thirty two thousand eight accordance with the agreement. Fees must hundred dollars ($32,800.00) per gross acre of be paid prior to issuance of Zoning institutional land. Clearance for Building Permit. This fee has been paid for all Zoning Clearances for Building Permits which have been issued to date. Cost indexing commenced one year after issuance of first model home building ermit, which was issued August 18, 2005. 5. Payment of"Citywide Traffic Fees"of four These fees are adjusted annually(until paid) thousand dollars ($4,000.00) per residential unit using the State Highway Bid Price Index in and eighteen thousand dollars ($18,000.00) per accordance with the agreement. Fees must acre of institutional land. be paid prior to issuance of Zoning Clearance for Building Permit. This fee has been paid for all Zoning Clearances for Building Permits which have been issued to date. SACommunity Development\ADMIMAGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc 0000,52 Honorable City Council January 7, 2009 Page 4 No. REQUIREMENT STATUS 6. Payment of"Community Service Fees" of five These fees are adjusted annually(until paid) hundred dollars ($500) per residential unit and using the Consumer Price Index (CPI) in two thousand two hundred fifty dollars ($2,250) accordance with the agreement. Fees must per gross acre of institutional land. be paid prior to issuance of Zoning Clearance for Building Permit. This fee has been paid for all.Zoning Clearances for Building Permits which have been issued to date. 7. Granting of a conservation easement to the City The conservation easement was included on to retain the Open Space lots within Planning the Final Map for Tract No. 5045-1. Areas 10, 11, 14, 15 and 16, allowing only those uses permitted in the Development Regulations of the Specific Plan Open Space Zones. 8. Payment of all outstanding processing costs. This is an ongoing requirement. At this time the developer is current with all processing costs, including submittal of Annual Review Application and deposit for Development Agreement-Annual Review. 9. Dedication of approximately seven (7)acres of Dedication of the park site was included on parkland to the City, including construction of the Final Map for Tract No. 5045-1. The park improvements, as detailed in the improvements to the park are to be agreement. completed prior to occupancy of the 350t" dwelling unit. Prior to occupancy of the 500t" residential unit, the developer shall also submit a cash deposit of$350,000.00 to fund replacement of park amenities. The park has been rough graded and improvement plans were approved by City Council and staff is monitoring construction. 10. Construct public streets adjacent to school and Street improvements have been park sites. constructed, except for final pavement layer and bringing manhole covers to grade. S prinq Road was completed February, 2008. 11. Construct appropriately sized water line, At the present time, no connection points pumping facilities, and storage facilities for exist, or are planned within the vicinity of the recycled water. ro'ect. 12. Dedication of greenbelt, open space areas, The trails, greenbelts and open space areas landscape areas, and trails to the City. Such were included-on the Final Maps for No. areas not dedicated to the City shall include a 5045-1, -2, -3, -4 and -5, which have been conservation easement to the City. recorded. Final Maps for Tract No. 5045-6 through 8 have also been approved by City Council and recorded. The trails were also included on the rough grading plan and landscape plans. 13. Grant a conservation easement to the City for The conservation easements were included Planning Areas 12 and 13 to insure public open on the Final Map for Tract No. 5045-1. space. SACommunity Development\ADMIMAGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc ). 00053 Honorable City Council January 7, 2009 Page 5 NO. REQUIREMENT STATUS 14. Prior to recordation of the first final map, A Purchase and Sale Agreement in lieu of provide a City Council approved Affordable an Affordable Housing Agreement has been Housing Implementation and Resale Restriction signed. Plan (Plan)with provisions for: Construction of units in PA 5, the multi- Buyers who meet the criteria for low income family portion of the project, which contains (80% of median income): the affordable component of the project has Twelve (12)three (3)-bedroom and two (2) commenced. bath units no less than 1050 square feet in size. Thirteen (13)four(4) bedroom and two (2) bath units at no less than 1425 square feet in size. 14. Prior to occupancy of the first residential unit, The$5,000.00 payment has been received. Cont. execute an Affordable Housing Agreement that The Payment In-Lieu Fees are adjusted incorporates the Plan. annually(until paid) using the Consumer Pay City's direct cost, up to five thousand Price Index (CPI) in accordance with the dollars ($5,000.00)for preparation and review agreement. Fees must be paid prior to of the Implementation and Resale Restriction issuance of Zoning Clearance for Building Plan and Agreement. Permit. Payment of In-Lieu Fees of three thousand, five The In-Lieu fee has been paid for all Zoning hundred dollars ($3,580.00) per unit(for each of Clearances for Building Permits which have the dwelling units in the project). been issued to date. 15. Agreement to Mitigation Measures included in Community Development staff will provide the Final Environmental Impact Report(EIR) the lead in Mitigation Monitoring. Air Quality including payment of"Air Quality Fee"to be Fees (TSM)will be calculated and collected calculated as a condition of the issuance of prior to Zoning Clearance for Building building permit for each unit. Permit. This fee (as calculated using URBEMIS) has been paid for all Zoning Clearances for Building Permit which have been issued to date. 16. Installation of block wall fencing and landscape The plans have been approved by staff and screening along the east side of Spring Road construction was completed in March, 2008. along the rear of the homes on Sir George Court. 17. Submit and gain approval from City Council of a An Implementation Plan was approved by plan to guarantee the agreements contained in City Council on April 20, 2005. Pardee Section 6. Homes has retained responsibility for the items under the plan, except for construction of the residential units in Planning Areas 8 and 9. 18. Install traffic signals as determined by the City. Design of five (5)traffic signals were included in a City contract, but paid for by Pardee. All five (5)traffic signals, as approved and permitted by the City, were constructed by Pardee and four became fully operational in February, 2008. The one internal traffic signal which is installed and not yet operational is at the intersection of Elk Run Loop and Rid ecrest Drive. SACommunity Development\ADMIWAGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc t X0 054 Honorable City Council January 7, 2009 Page 6 NO. REQUIREMENT STATUS 19. Waive rights to any density bonus that would To date, the developers have complied with increase the number of dwelling units approved this requirement. per Specific Plan No. 2. 20. Agreement to cast affirmative ballot for To date, the developers have complied with formation of an assessment district for this requirement. maintenance of parkway and median landscaping, street lighting, and parks. 21. Agreement to pay all City capital improvement, To date, the developer has complied with development and processing fees. this requirement. 22. Formation of one (1) or more property owners These requirements have been included in associations to assume ownership and the CC&Rs prepared for the project. The maintenance of open space land, trails, and CC&Rs were reviewed and approved by the other amenities. City Attorney and staff prior to final recordation of the CC&Rs. 23. Provide irrevocable offer of dedication to the The offer was included on the Final Map for City for the future rights-of-way for State Route Tract No. 5045-1 23 and State Route 118. 24. Provide vehicular access to properties west of These access rights are shown on Final Spring Road. Map Tract No. 5045-1. A grant deed is required for the private access easement. Final design of access improvements are under review by staff. 25. Construct a solid block wall to replace existing A noise study was completed using block wall/wrought iron fence along the Spring projected traffic counts for project build out Road and Charles Street frontages (if deemed and the study concluded that new sound necessary by the City). walls would not be required. The Community Development Director concurred with the recommendations of the report, and determined that sound walls were not required. 26. Remove existing block walls/fences and The off-site Spring Road wall plans were construct a solid decorative block wall along the approved by City Council and staff and west side of Spring Road. Pardee acquired rights-of-entry from property owners, and completed construction of the wall and associated landscaping. The City accepted the maintenance responsibility of the landscaping and wall in February, 2008. 27. Provide irrevocable offer of dedication to the The offer of dedication for Princeton Avenue City for ultimate build out of"Old" Los Angeles was included on Final Map of Tract No. Avenue (Princeton Avenue) improvements and 5045-1. All Spring Road improvements are Spring Road improvements not required to be being constructed by Pardee, and required constructed by the developer. dedications have either been shown on the final map or were acquired by Pardee for the Cit b y separate instrument. SACommunity Develop ment\ADMIN\AGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc . 00055 Honorable City Council January 7, 2009 Page 7 NO. REQUIREMENT STATUS 28. Acquire the property needed to improve the The developer has acquired the necessary intersection of Charles Street and Spring Road property. Utility construction and street and provide improvements as determined by construction has been completed, including the City. final pavement. Design plans for landscaping improvements at the southwest corner of Spring Road and Charles Street were approved by City Council and are currently being reviewed by staff. 29. Provide irrevocable offer of dedication to the Irrevocable offer of dedication to the City City for right-of-way for the extension of"C" was included for recordation of Final Map Street. Tract No. 5045-1. 30. Construct a public trail system as identified in These improvements were required as part the Specific Plan, including a cash deposit of of Final Map review. All Final Maps have one hundred fifty thousand dollars been approved by City Council, and ($150,000.00)to fund the maintenance of the recorded. The required $150,000.00 trail system. maintenance deposit is due prior to occupancy of the 500t' unit. 31. Provide irrevocable offer of dedication to the The dedication was included on the Final City for Planning Area 17. Map for Tract No. 5045-1. 32. Payment of one hundred twenty five thousand The required contribution was paid on July dollars ($125,000.00)to satisfy the Final EIR 27, 2006 and deposited in the City Wide Transportation/Circulation Mitigation Measure 2, Traffic Mitigation Fund (2002). and for the developer's share of contribution to intersection improvements at Los Angeles Avenue and Tierra Re'ada Road. All requirements of the Development Agreement will be considered in the City's review and approval process for all aspects of the development; including but not limited to, subsequent entitlement requests, public and private improvements, Final Maps, and building permits. City Compliance with Terms of Agreement The City's responsibilities are included in Section 7 of the agreement and include 12 specific provisions, as summarized below. NO. REQUIREMENT STATUS 1. Commit necessary time and resources on The RPD's, ZOA's and Modification to the .expedited parallel processing for subsequent Tentative Tract Map were processed a rovals. concurrently as they were submitted. SACommunity Develop me nt\AD M I N\AG MTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc 4t 00056 Honorable City Council January 7, 2009 Page 8 NO. REQUIREMENT STATUS 2. Commence proceedings to form a Mello-Roos A Community Facilities District has been Community Facilities District, upon receipt of a approved by City Council. landowners' petition by Developer and Developer's payment of a fee, as prescribed in California Government Code Section 53318, City shall commence proceedings to form a Mello-Roos Community Facilities District, ("District")and to incur bonded indebtedness to finance all or portions of the public facilities infrastructure and services that are required by the Specific Plan and that may be provided pursuant to the Mello- Roos Community Facilities Act of 1982, (the "Act"); provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the District upon the conclusion of the public hearing required by California Government Code Section 53321 and/or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code section 53345. In the event that a District is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. 3. Proceed to acquire, if requested, and at The developer has acquired the necessary developer's sole cost and expense, easements or property. fee title to land not held by the developer, but necessary for construction of required improvements. 4. Authorization for City Manager to sign an early An Early Grading Agreement has been grading agreement. executed, and mass grading has been com leted. 5. Agreement to allow concurrent processing of land Concurrent processing has been done. use entitlements for the same property, so long as, deemed complete. 6. Agreement that the land and improvements Per this Agreement. required under subsection 6.9 of the Development Agreement meet the developer's obligation for ark land dedication for the designated 570 units. 7. Agreement to allow the developer to receive the Per dedication of public open space area. maximum amount of tax benefit for dedication of ublic open s ace in Planning Areas 12 and 13. 8. Agreement to appoint an affordable housing staff David Moe, Redevelopment Manager is the person to oversee the implementation of the City's housing coordinator. affordable housing requirements. 9. Agreement to allow for a variation of five feet(5) Per this Agreement. maximum in grades as shown on the grading exhibit for Specific Plan No. 2, subject to approval of the Community Development Director. SACommunity Development\ADMIMAGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc �000S'� Honorable City Council January 7, 2009 Page 9 NO. REQUIREMENT STATUS 10. Agreement to limit the payment of the Los Angeles AOC fees have been collected for 558 Avenue Area of Contribution (AOC)fee to only the residential units resulting in an overpayment first four hundred seventy five (475) residential and there is currently a partial credit units and any institutional uses within the project. available toward the remaining institutional The AOC fee shall be the amount in effect at the uses (which include the private pool lot time of issuance of building permit. recreation areas, and future school site; AOC fees were not required to be collected for the 7 acre public park site). 11. Agreement to facilitate the reimbursement to the Pending construction of potentially developer of costs incurred that may be subject to reimbursable improvements. No request partial reimbursement from other developers. has been submitted to date. 12. Agreement that the developer shall not be required Per this Agreement. to pay the Gabbert Road/Casey Road Area of Contribution Fee referenced in the Final EIR. (Specific Plan No. 2 is not within the boundaries of this AOC . Evaluation of Good Faith Compliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Planning Director has determined, on the basis of substantial evidence that Pardee Homes has, to date, complied in good faith with the terms and conditions of the agreement. FISCAL I M PACT None. STAFF RECOMMENDATION: 1. Accept the Planning Director's report and recommendation that, on the basis of substantial evidence, Pardee Homes has complied in good faith with the terms and conditions of the agreement. 2. Deem the annual review process complete. ATTACHMENTS 1. Location Map 2. Site Plan 3. Letter from Pardee Homes, dated November 5, 2008. SACommunity Development\ADMIN\AGMTS\D A\1998-01 Pardee\agenda reports\cc 09_0107_2008Annual Rpt.doc 1 00058 r WPM Tract 5045 —SP — 2 Moorpark Highlands t\ .-- Homes & KB Home) ,■ ��u►!. a►.,,---- sit uuu,nlp��q�tuumr4►, jj ISM'\ -.qi�`'-• `-\•�_ illllllll►p ///l R��`�� I��•.-IQ! � �_ _ Is•'� ,1,1_►♦� �„♦��"i-��IIII –�UIIIIIIIRI � '1111 ��r��♦♦�♦�•�.♦ •III II�III• i\•�.p�♦♦�i �L111111■dP�/On•gl■1■,1■', .. ct♦ • ._�_� 1�11.�11111\t• �iiu•IUI.In■uuu♦!" ,�"' +r I. i% T. -1i-� , ■�■_�.�� � III'lllli�'111�171►1� s..?.►�� ,�- •� � ��� ' -- �! •Ilu�lll=unuu�y' ��,.��..��,�: l�ir.i/' pNr �+ frluu IIIIIImuil�ilimulnlln `•:�� ' ��1,�, `IIIIL— Ir IIIIB :1111: 11111111 r1�1111111 C�.�-���i� �► t� ����t►�t��►,1►i1� lu IIL1. small�. :,�1■,: —�- r�a•O'• �• o:�Il 1111111!11! .Un.■nnu�'. _Y 1 ,■nmld�7 =��-- 1=1�1111�ll 1■uunnmu 1.` 11.1.1■1'uu/� _ =��� .��uuu■uum J �l••�-� ��. -_.ti iji� '�`, •a,:::r! O° _ •. 111111111– uuununn'. �, Iq ■ 11 nnnuun '�■ui:::•Ilai■�� �,I:C�■�I�111111 O,jt��nun.11nul: tl■�1��, ��, HWYAfiD{CATION TH.5045-1 PA 6 PA 5 r TH.5045-6 I TR.5045-1 I x f ` _ PARK PA 7 v ' TH.5045-7 ' { ! ` I sceooL ,. 4, PA 2 r TR.5045-3 'R t \ PA 3 --- ,- 1 5045-4 �' Q \ �s ? 4-- u Y 1 HCA TH.5N5-1 TR.iO4frl1 tPv2 �� fi`�. ) �- PA 4 �k- TH. e 5045-2 ATH,SA45.5 T s HCA 't PA 4TR.5045-5 SF ResidMtial 78 Units PA 8 TR.5045-8 SF Residential 37 UnK5 Residential Area 22.2 Ac. Residential Area 28.4 AC. `Parkway La rdscape Area 1.S Ac. TOTAL=26.4 Ac. TOTAL=23.7 Ac B. NET=24 Ac- RD NET.22.2 Ac. PA 9 TR.5045-8 M Residential 95 UnRs PA 5 TR.5045-6MF Residential 102 Units Residential Area 453 Ac. TR.5045-1 MAJORS 0 Units PA 2 TR.5045-3 SF Residential 69 Units -Open Space Area 47.1 Ac. Residential Area es ac- "Habitat Conservation Area 101.3 Ac. Residential Area 17A A[. TOTAL=92.4 Ac. `Hwy Dedication 47,1 Ac. •Recreation Area 0.4 Ac. TOTAL=8.5 At- NET=45.3 Ac. NET-B5 Ac. •Private Open Space 27.0 Ac, -Parkway Landscape Area 03 Ac "Major ROads 27.o AC. SITE PLAN "Park Area{PA 6) 7.1 Ac. TOTAL 16.1 Ac PA 6 PARK,SEE TR.5045-1 MAJORS TOTAL=2095 Ac NET=17.4 Ac NET= 0 Ac. PA 3 TR,5045-4 SF Residential 76 Units PA 15045-2 SF Residmiial 95 Units CC ATTACHMENT 2 Residential Area 21.0 Ac Residential Area 16.8 AC. `Recreation Area 05 Ac. PA 7TR.SO45-7 Sclod OUnits 'Detention Basin 14.1 Ac. •Parkway Landscape Area 0.6 AC V "Parkway Landscape Area 0.9 Ac School Area 21.9 Ac. \I TOTAL=22.1 Ac NEE Not to Scale C) TOTAL=319 Ac. NET=21DAC. TOTAL 21.9 AC. MOORPARK HIGHLANDS NET=16.8 Ac NET=21.9 Ac. 'Not Included in Net Area On:pomuotsuxtwmw.un Mnt41«rpxslma/Ma(msaaoripj.jN 03-03-2065 O RECEIVED PardeeHomes NOV 12 2000 JAMES C. BIZZELLE. III 26650 The Old Road,Suite 110 CITY of mooRPARK Vice President,Community Development Valencia,California 91381 Phone (661)222-3200 Phone:(661)222-3200 Fax(661)255-7837 Fax:(661)255-7837 November 5, 2008 Mr. Joe V aca Principal Planner City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93.012 RE: Development Agreement Annual Review; Moorpark Highlands Specific Plan No. 2 Dear Joe, Enclosed are the Application Form, and Fee for Pardee Home's Moorpark Highlands Annual Development Agreement Review. As you know the great majority of the project has been constructed. A status update is provided below: ■ Tract 5045-2,Magnolia Lane, is complete and sold out. • Tract 5045-3, Cherry Hill, is yet to be constructed and will use the model home existing complex in Tract 5045-4.- ■ Tract 5045-4, Cherry Hill; is complete and sold out, except for the Model Horne Complex, and model build out totaling 10 lots. ■ Tract 5045-5, Shenandoah, is complete and sold out. • Tract 5045-6, Waverly Place; is over 50% sold, and the remainder 10 building out of 34 are under construction. ■ Tracts 5045-8 were sold to KB Homes and are no longer under our ownership. They have built four model homes. ■ The 7-acre p ark is approximately 40% constructed. CC ATTACHMENT 3 0.0 0 IL • The school district has pretuninarily determined that-a school may not be needed.at this site. • All roadway improvements,including traffic signals; are in place and the Spring Road connection to Walnut Canyon Road is complete. As you can see significant progress has been made over the last twelve months toward implementing and completing the project. We feel that we are in good faith compliance with the Development Agreement and look forward to the successful completion of the project. S l racer y, A EE HOMES James C. Bizzelle, III Vice President Community Development � � .0062