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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"); 3:26:d 1 '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, 3:26:d 2 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. 3:26:d 4 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. 3:26:d 5 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 3:26:d 6 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 3:26:d 8