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HomeMy WebLinkAbout88-218 - Resolutions RESOLUTION NO. 88-218 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT NO. 2 REGARDING MAINTENANCE GUARANTY, TO EXISTING DEVELOPMENT AGREEMENT 83-01 FOR HERITAGE PARK APARTMENTS, A SENIOR HOUSING TRACT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-151-34. A. Recitals. (i ) The California Government Code Section 65868 et. seg. now provides, in pertinent part, as follows: A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. (ii ) The City has requested Amendment Number 2 to Development Agreement 83-01, for Heritage Park Apartments, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as the "request". (iii ) On October 26, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing based on the request. (iv) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: (i ) On February 15, 1984, the parties hereto entered into a Development Agreement concerning a senior citizen housing project (hereinafter referred to as "the Agreement") . (ii ) Annual inspection of the property indicates that the property is maintained in good condition. (iii ) Furthermore, existing City maintenance standards, in conjunction with enforcement provisions in the Agreement, are deemed to be adequate to guaranty property maintenance as required under the Senior Housing Overlay District. (iv) The intent of the Agreement to guaranty property maintenance is unchanged. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: PLANNING COMMISSION RESOLUTION NO. 88-218 DA 83-01 - Heritage Park Apartments October 26, 1988 Page 2 (i ) This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. (ii ) Therefore, pursuant to Section 65868 et. seg. of the California Government Code, the Planning Commission recommends approval of Amendment Number 2 of Development Agreement 83-01 as attached hereto as Exhibit "1". The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Aft. J ar— . 'c' , airman ATTEST: ;_`/��/ �� , -a, 7' W' y I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 26th day of October, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL,TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT 83-01 THIS SECOND AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON FEBRUARY 15, 1984 ENTERED INTO BY AND BETWEEN CAL RANCHO, INC. AND THE CITY OF RANCHO CUCAMONGA A. Recitals. (i ) On February 15, 1984, the parties hereto entered into a Development Agreement concerning a senior citizen housing project (hereinafter referred to as "the Agreement") . (ii ) Annual inspection of the property indicates that the property is maintained in good condition. (iii ) Furthermore, existing City maintenance standards, in conjunction with enforcement provisions in the Agreement, are deemed to be adequate to guaranty property maintenance as required under the Senior Housing Overlay District. (iv) The intent of the Agreement to guaranty property maintenance is unchanged. B. Amendment. 1. The Agreement is hereby amended as follows: Section 18. Maintenance Guaranty. Developer shall comply with all City maintenance standards enacted from time to time. 2. Other than as specifically amended hereby, the Agreement and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 2 to this Agreement as of the dates set forth below opposite the name of each such party. CAL-RANCHO, INC. 8y: Dated: Title: CITY OF RANCHO CUCAMONGA Dated: By: MAYOR Dated: Attest by: CITY CLERK