ORD 2163 - Laserfiche WebLink

(c) Use of Clubhouse Prior to the issuance of the 13th building permit for the Project, the City and Ponderosa Homes II, Inc. shall have entered into an agreement ("Clubhouse Use Agreement") for use of the Clubhouse by residents living in the Valley Trails residential neighborhood as identified in the Land Use Element of the City's General Plan ("Valley Trails Residents"). The Clubhouse Use Agreement shall include, but not be limited to, the following provisions: (i) Valley Trails Residents shall be allowed to use the Clubhouse at no charge for meetings a total of 12 times a year, but no more than once monthly for a period of 3 hours per meeting. (ii) In order to use the Clubhouse, Valley Trails Residents shall be required to enter into a use agreement with the Homeowners' Association, which shall be in a form as set forth in the Clubhouse Use Agreement, and shall include requirements for: use and occupancy of the facility; a cleaning/damage deposit; and a valid Certificate of Liability Insurance certificate naming the City and the Homeowners' Association as additional insureds. (iii) City shall not be responsible for scheduling the use of the Clubhouse or any damage to the Clubhouse that may occur as a result of the use of the Clubhouse by the Valley Trails Residents. (iv) The Homeowners' Association shall indemnify and hold the City harmless for any administrative, legal or equitable actions arising out of the use of the Clubhouse by the Valley Trails Residents. SECTION 5. CITY OBLIGATIONS 5.1 Vested Right to Develop the Project. (a) Vested Entitlements and Project Approvals. Except as specifically set forth herein, as of the Effective Date, Developer shall have the vested right to develop the Property in accordance with the Project Approvals, any Subsequent Approvals, and the "Existing Rules." Existing Rules include the City's General Plan, the City's Municipal Code, and all other adopted City ordinances, resolutions, rules, regulations, guidelines and policies in effect on the Effective Date. (b) Processing Subsequent Approvals. 9