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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.