HomeMy WebLinkAbout288 - Ordinances ORDINANCE NO. 288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE
ANNEXATION AND DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF
RANCHO CUCAMONGA AND THE CARYN DEVELOPMENT COMPANY,
RAUFMAN AND BROAD LAND COMPANY, AND MA~LB OROUG H
DEVELOPMENT CORPORATION RELATIVE TO PROPERTIES LOCATED
BETWEEN THE EXTENSION OF BANYAN AVENUE AND HIGHLAND AVENUE
ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF
ROCHESTER AND MILLIKEN AVENUES ON THE EAST AND WEST - Alan
225-141-08, 12-19; 225-151-01 THROUGH 03, 07, 08, 10-13.
WHEREAS, the City is a party to that certain Annexation Agreement,
dated December 19, 1984, and recorded in the Official Records of San Bernardino
County on March 4, 1985 as Instrument No. 85-049652 (the "Annexation
Agreement"); and
WHEREAS, the City is a party to that certain Development Agreement,
dated March 20, 1985, and recorded in the Official Records of San Beroardino
County on March 29, 1985 as Instrument No. 85-074369 (the "Development
Agreement"); and
WHEREAS, the Planning Commission recommends that the Annexation
Agreement and Development Agreement be amended as hereinafter set forth.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California, does ordain as follows:
SECTION 1: That amendment to the ..nnexation and Development
greement, a true and correct copy of which is attached to this Ordinance as
Exhibit "C" and incorporated herein by reference, hereby is approved and the
Mayor and City Clerk hereby are authorized to execute said amendment on behalf
of the City of Rancho Cucamonga.
SECTION 2: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in ~he Daily Reoort, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 5th day of March, 1986.
AYES: Wright, Buquet, Mikels, Dahl, King
NOES: N one
ABSENT: None
///~n D. M~els, Mayor
ATT ES T:
Beve~r~ A. Autbe~et, City Clerk
By'/' :-'~ 3~ '.a'_ ' ~-
· ,, ,,_ - .j' .. __ '_ ,.
Debra Adams, Deputy
Ordinance No. 288
Page 2
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 19th
day of February, 1986, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 5th day of March, 1986.
Executed this 6th day of March, 1986 at Rancho Cucamonga, California.
Beverly.A. Authelet, City Clerk
Debra Adams, Deputy
C~cinance ',,'o. 28,%,
~ace 3
F~ SVY
RECORDING REQUESTED BY
AND ~EN RECORDED ~IL TO:
city of Rancho Cucamonqa
9320 "C" Baseline Road
Rancho Cucamonga, California 91730-0807
AMENDMENT TO ANNEXATION AGREEMENT
AND DEVELOPMENT AGREEMENT
This Amendment to Annexation Agreement and Development
Agreement (the "Amendment") is made and entered into as of this
l~day of February, 1986, by and among the City of Rancho
Cucamonga ("City"), a municipal corporation, The Caryn Develop-
ment Company ("Caryn"), a California corporation, Kaufman & Broad
Land Company ("K&B"), a California corporation, and Marlborough
Development Corporation ("MDC"), a California corporation.
Caryn, K&B and MDC are sometimes herein referred to collectively
as "Owner".
RECITALS:
WHEREAS, the City and Owner are parties to that certain
Annexation Agreement, dated December 19, 1984, and recorded in
the Official Records of San Bernardino County on March 4, 1985 as
Instrument No. 85-049652 (the "Annexation Agreement");
WHEREAS, City and Owner are parties to that certain
Development Agreement, dated March 20, 1985, and recorded in the
Official Records of San Bernardino County on March 29, 1985 as
Instrument No. 85-074369 (the "Development Agreement");
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'sac~e 4
86-0 8848
WHEREAS, as part of the City Development Approvals, the
City has heretofore approved Tentative Tract Map Number 12642
(the property therein depicted being herein referred to as "Phase
I"), and the City has heretofore approved Tentative Tract Map
Number 12643 (the property therein depicted being herein referred
to as "Phase II"). Phases I and II are sometimes hereinafter
collectively referred to as the "Property".
WHEREAS, Owner and City desire to amend the Annexation
Agreement and Development Agreement as hereinafter set forth.
Unless otherwise defined herein, defined terms shall have the
same meaning as set forth in the Annexation Agreement or Develop-
ment Agreement, as the case may be.
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, and for other good, valuable and
sufficient consideration, the receipt of which is hereby acknow-
ledged, the parties hereto agree as follows:
1.0 Park Site and Park Fees.
1.1 Paragraphs 1.3(d) and 3.7 of the Annexation
Agreement and Paragraphs 2.7 and 2.9(d) of the Development
Agreement are hereby deleted in their entirety; and clause (b) of
Paragraph 2.4 of the Development Agreement and Clause (b) of
Paragraph 3.5 of the Annexation Agreement are hereby modified in
order to delete therefrom the references to the "Park Site".
1.2 Owner agrees to contribute to the City the sum of
$750,000 (the "Park Contribution") on the terms and subject to
the conditions hereinafter set forth. The Owner's agreement to
contribute the Park Contribution is in full satisfaction of (a)
the obligation and requirement of the Owner, as set forth in the
City Development Approvals {including former Paragraph numbered
3.7 of the Annexation Agreement and Paragraph numbered 2.7 of
Development Agreement, and as may otherwise be described in
Exhibits B, C, D, and E to the Development Agreement), to design,
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Ordinance No. 288
Page 5
86-088848
improve, and dedicate or donate the Park Site to the City, and
(b) any fee, exaction or imposition which may now or hereafter be
imposed upon Owner by the City for park, recreation or open space
purposes in connection with the development of the Property
{including without limitation the City's Ordinance Number 105).
1.3 The Park Contribution shall be payable on a pro
rata basis (calculated by dividing the Park Contribution by the
number of single family residential lots approved for development
in the Property, including those lots described in Paragraph 2.1
hereof) at the time each building permit for a residential
dwelling to be constructed upon the Property by Owner is issued
by the City to the Owner. By way of illustration only, and
assuming that the number of single family residential lots
approved for development is 940, the Park Contribution shall be
payable at the rate of $797.87 for each building permit in fact
issued to Owner for the Property. In the event that the City has
or will issue building permits to Owner for dwelling units within
Phase I prior to the time that the referendum period (as provided
in Section 65867.5 of the California Government Code) shall have
expired, the pro rata portion of the Park Contribution which
would otherwise have been paid at the time of the issuance of
such building permits shall be payable in lump sum upon the
expiration of said referendum period.
1.4 The Park Contribution is and shall be paid by the
Owner in the name and memory of Caryn DiIorio, and to the extent
permitted by law, the City agrees to acknowledge such identifica-
tion in connection with any project or purpose to which the City
expends the Park Contribution.
2.0 Revised Tentative Ma?s.
2.1 The City has heretofore or concurrently herewith
(a) approved the revisions or amendments to Tentative Tract Maps
numbered 12642 and 12643 reflecting the use of a portion of the
former Park Site as additional single family residential lots
3:26:d 3
Ordinance No. 288
Page 6
86-088848
("Additional Lots"), and (b) taken such other actions as may be
necessary or appropriate to authorize the lawful subdivision and
development of the Additional Lots as single family residential
lots. City hereby deletes Condition numbered 107 of Exhibit B to
the Development Agreement and designated as Ordinance No. 246-A,
and hereby amends the Planned Community Text/Development Plan
attached as Exhibit B to the Development Agreement in order to
reflect and authorize the Additional Lots in lieu of a portion of
the Park Site; to the extent that any provision of the Planned
Community Text/Development Plan is inconsistent with the forego-
ing or any other provision of this Amendment, the same shall be
deemed superseded by the terms of this Amendment. City agrees
that Owner shall have the right to construct single family
residences upon the Additional Lots in the same manner and
subject to the same provisions of the Development Agreement as if
such Lots were part of the Property at the time the Development
Agreement was executed, and that such Lots shall for all intents
and purposes be deemed part of the Property and be subject and
entitled to the benefits of the Development Agreement.
2.2 Owner agrees that, with respect to the Additional
Lots, Owner shall not improve such lots with single family resi-
dential dwellings which have less than 900 square feet.
3.0 School Requirements.
3.1 Conditions numbered 96, 110, 111, 112, 113, 114,
and 115 of Exhibit B to the Development Agreement and designated
as Ordinance No. 246-A, Conditions of Approval numbered 11 and 34
set forth in Resolution 85-06 and attached as Exhibit C to the
Development Agreement and the counterparts thereof with respect
to Phase II (including without limitation Condition numbered 3 in
Section 2 of Resolution 85-77), are hereby deleted in their
entirety. The City acknowledges and agrees that Owner's obliga-
tions pursuant to Paragraph 2.9(a) of the Development Agreement
and Paragraph 1.3(a) of the Annexation Agreement with respect to
the Property have been fully satisfied.
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Ordinance No. 288
Page 7
86-0888,18
3.2 City hereby agrees that Owner shall not be requir-
ed to pay any fees, compensation or other consideration for or in
respect of schools or schooling, whether by way of impact measure
or otherwise, and whether designated as SB201 fees or other
exactions, and whether for temporary or permanent facilities, in
connection with the development or improvement of the Property or
any portion thereof. Furthermore, City agrees it will not take
any step to impose (or cause to be imposed) any fee respecting
schools or schooling in connection with the recordation of any
tract map for the Property, the issuance of building permits, the
issuance of certificates of occupancy, or any other approval
required for the development or occupancy of the Property, and
will not oppose (or, if requested by Owner, fail to support)
Owner's development of the Property or any application for the
approval of any governmental authority of Owner's development of
the Property.
3.3 The City hereby acknowledges, represents and
covenants that the use of a portion of the former Park Site as
and for a school facility is a permitted and acceptable use for
such property.
4.0 Status of Caryn.
4.1 Pending the recordation of the deed conveying
Phase II to K&B and MDC, (a) any approval or consent that is
required or is permitted to be given pursuant to the Development
Agreement or the Annexation Agreement by Owner, shall be deemed
to have been given on behalf of the Owner if given solely by K&B
and MDC, and (b) any amendment or modification to the Development
Agreement or the Annexation Agreement executed by K&B and MDC
shall be binding upon each of the entities which comprise Owner,
including Caryn. Upon and following the recordation of a deed
conveying Phase II to K&B and MDC, Caryn shall cease to be a
party to the Development Agreement and the Annexation Agreement,
and shall not be deemed an Owner for any purpose under said
Agreements.
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Ordinance No. 288
Page 8
$6-0S8 ]45
4.2 In furtherance of Paragraph 4.1 above, Caryn
hereby designates and appoints K&B and MDC its agent, and
attorney-in-fact, to act for and in its stead in connection with
any matter concerning the giving of any consent or approval which
may be required or may be given pursuant to this Agreement, and
otherwise to act for and in the name of, and full power to bind
Caryn, in connection with any matter concerning or affecting this
Development Agreement.
5.0 Miscellaneous.
5.1 Except as hereinabove expressly provided, the
Development Agreement and Annexation Agreement shall be deemed in
full force and effect, and shall not be deemed amended or
modified in any respect whatsoever.
5.2 This Amendment has been executed in one or more
counterparts each of which when so executed shall be deemed an
original and all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF, this Amendment to Annexation
Agreement and Development Agreement is made and entered into as
of the day and year first above written.
THE CITY OF RANCHO CUCAMONGA,
a Municipal corporation
.~ _ . ("; -,./-z
: Mayor
ATTEST:
Th~ City Clerk of The ~itY '
of Rancho Cucamonga
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1/28/86
$6-0 4S
APPROVED AS TO FORM AND SUBSTANCE:
james Markman, ' '
City Attorney
THE CARYN DEVELOPMENT COMPANY,
a California corporation
By: ~ ~
By:
Its:
STATE OF CALIFORNIA )
COUNTY OF , ~,:~_ )
On this , ' day of [ , , . , 1986, before me, the under-
signed, a Notary Public in and fo~ said state, personally
appeared '7 ,; i '.~ ? :'~ [ personally known (or proved to me
on the baszsiof satisfactory ev~dence).to be the person who
executed the within instrument as the , . ~. [ , and
personally known to me (or proved to me on
the basis of satisfactory evidence).to be the person who executed
the within instrument as the t , , ' ~ [ of the Corpora-
tion that executed the within instrument and acknowledged to me
that such Corporation executed the within instrument pursuant to
its By-Laws or a Resolution of its Board of Directors.
Witness my hand and official seal.
Notary's Signature
Type or Print Notary's N~me
3:26:d 7
Ordinance No. 288
Page l0
86-088845
KAUFMAN AND BROAD LAND COMPANY,
a California corporation
By '-
Its:
STATE OF CALIFORNIA )
)SS.
COUNTY OF L~ ~nv~l~ )
On this 19~aday of~o(u~v~! , 1986, before me, the under-
signed, a Notary Public in and fdr said state, personally
appeared ~U~d~_ qiJ. ~ personally known (or proved to me
on the basis'of satisfactory evidence) to be .the ~erson who
executed the within instrument as the
~he b~i~~sfactory cvidcncu}--~~~r~ w~ ~cuted
~wit ' ' ~of the Corpora-
tion that executed the within instrument and acknowledged to me
that such Corporation executed the within instrument pursuant to
its By-Laws or a Resolution of its Board of Directors.
Witness my hand and official sea~. ~
Notary' s Signature~ CmC~
Type or Print Notary'~ame
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