HomeMy WebLinkAbout562 - Ordinances ORDINANCE NO. 562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
AMENDMENT NO. I TO AN EXISTING DEVELOPMENT
AGREEMENT NO. 88-02 FOR ETIWANDA HIGHLANDS
A. RECITALS.
1. The California Government Code Section 65868, now provides, in
pertinent part, as follows:
A Development Agreement may be amended, or canceled in
whole or in part, by mutual consent of the parties to the
agreement or their successors in interest.
2. On January 7, 1989, the parties hereto entered into a Development
Agreement concerning a residential development, "Etiwanda Highlands,"
(hereinafter referred to as "the Agreement").
3. The original developer, Caryn Development Company, was succeeded
by Standard Pacific Corporation.
4. Standard Pacific Corporation has requested Amendment No. 1 to
Development Agreement No. 88-02, as described in the title of the
Ordinance. Hereinafter, in this Ordinance, the subject Amendment is
referred to as the "request."
5. On October 9, 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a fully noticed public hearing and recommended
approval of this request.
6. On November 6, 1996, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the request.
7. All legal prerequisites prior to the recordation of this Ordinance have
occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby find, determine, and ordain as follows:
Ordinance 562
Page 2
1. This Council specifically finds that all of the facts set forth in the Recitals,
Part A, of this Ordinance oare true and correct.
2. Therefore, pursuant to Section 65868, of the California Government
Code, the City Council approves Amendemnt No. 1 of the Development
Agreement 88-02 as attached hereto as Exhibit "1 ."
3. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published within 15 days after its passage at least once in the
Inland Valley Daily Bulletin, a newspaper of general circulation published in
the City of Ontario, California, and circulated in the City of Rancho
Cucamonga.
PASSED, APPROVED, AND ADOPTED this 20th day of November, 1996.
AYES: Alexander, Biane, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: None
William J. AI)Zander, IGlayor
ATTEST:
J. Adam~MC, City Clerk '
I, DEBRA J. ADAMS, 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 6th day of November, 1996, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of November,
1996.
Executed this 21st day of November, 1996, at Rancho Cucamonga, California.
~ebra J. Adan~,CMC, City Clerk ""
Ordinance 562
Page 3
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA EXHIBIT
WHEN RECORDED, RETURN TO:
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga. CA 91730
Attn: Debbie Adams
AMENDMENT' NO. I TO DEVELOPMENT AGREEMENT 88-02
THIS FIRST AMENDMENT' TO THAT DEVELOPMENT AGREEMENT
ENTERED INTO ON JANUARY 7, 1989 ENTERED INTO BY AND
BETVVEEN GARYN DEVELOPMENT GOMPANY AND THE CITY OF
RANCHO CUCAMONGA
A. Amendment.
1. Section 2.2, 'Term, is hereby amended to read as follows:
2.2 Term. The term of this Agreement shall commence on the
Effective Date and shall, unless sooner terminated or extended as
hereinafter provided, terminate on October 5, 2006.
2. Section 4.3, Design Review of Project. is hereby amended to read as follows:
4.3 Desjan Review of Project. In order to implement the density,
allocation and height provisions herein specified, Developer shall
follow the applicable design review procedures of the City. In addition
to the design review procedures contained in the City Development
Code, the City's "E:tiwanda I',lorth Specific Plan Design Guidelines"
shall be used ir'l the design and review of all development within the
Property.
3. Exhibit "D" is hereby deleted in its entirety.
4. Other than as specifically amended hereby, the Agreement and each and
every term and provision thereof, shall remain in full force and effect.
Ordinance 562
Page 4
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. I to
this Agreement as of the dates set fortIn below opposite the name of each such party.
CITY OF RANCHO CUCAMONGA
Dated: By __
William J. Alexander, Mayor
Dated: By.
Debra J. Adams, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RANCHO CUCAMONGA )
On , before me, Jan Sutton, Deputy City Clerk of the City
of Rancho Cucamonga, personally appeared William J. Alexander. Mayor, and Debra J.
Adams, City Clerk. personally known to me to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their'
authorized capacity, and that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Jan Sutton, Deputy City Clerk
City of Rancho Cucamonga
STANDARD PACIFIC CORPORA'T'IGN
By:
Date: Title:
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
)
On . before me, the undersigned, a Notary Public
in and for said County and State, personally appeared and
proved to me on the basis of satisfactory evidence to be the person who executed this
instrument as of' STANDARD PACIFIC CORPORATION and
acknowledged to me that such officer is authorized to execute on behalf of such
corporation.
WITNESS My hand and official seal.