HomeMy WebLinkAbout551 - Ordinances ORDINANCE NO. 551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA CALIFORNIA APPROVING
DEVELOPMENT AGREEMENT NO. 95-01, A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA
AND PRAIRIE PACIFIC INVESTMENTS FOR THE PURPOSE OF
PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE
WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD),
INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT
STANDARDS, FOR 158 APARTMENT UNITS LOCATED ON THE
SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD
AVENUE - APN: 208-031-75.
A. Recitals.
(i) California Govemment Code Section 65864 now provides, in pertinent part, as
follows:
"The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a
waste of resources, escalate the cost of housing and other developments to the consumer,
and discourage investment in and commitment to comprehensive planning which would
make maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the
project, the applicant may proceed with the project in accordance with existing policies,
rules and regulations, and subject to conditions of approval, will strengthen the public
planning process, encourage pdvate participation in comprehensive planning, and reduce
the economic costs of development."
(ii) Califomia Govemment Code Section 65865 provides, in pertinent part, as follows:
"Any city... may enter into a Development Agreement with any
person having a legal or equitable interest in real property for the
development of such property as provided in this article..."
(iii) California Government Code Section 65865.2 provides, in part, as follows:
"A Development Agreement shall specify the duration of the
Agreement, the permitted uses of the property, the density of intensity
of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes. The
Development Agreement may include conditions, terms, restrictions, and
Ordinance No. 551
Page 2
requirements for subsequent discretionary actions, provided that such
conditions, terms, restrictions, and requirements for discretionary actions
shall not prevent development of the land for the uses and to the density
of intensity of development set forth in the Agreement..."
(iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this
reference, is proposed Development Agreement 95-01, concerning that property located
on the south side of Base Line Road, west of Archibald Avenue, and as legally described
in the attached Development Agreement. Hereinafter in this Ordinance, the Development
Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement."
(v) On November 8, 1995, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed public hearing conceming the Development Agreement and
concluded said hearing on that date and recommended approval through adoption of its
Resolution 95-53.
(vi) On December 6, 1995, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the Development Agreement.
(vii) All legal prerequisites prior to the adoption 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:
SECTION 1: This Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
SECTION ~: Prior to the adoption of this Ordinance, this Council has reviewed the
Final Environmental Impact Report for Specific Plan 94-01 and the Development
Agreement, and certified the Report, including adoption of a Statement of Overriding
Considerations, in compliance with the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder.
~;.G_T. LQ_JL~: Based upon substantial evidence presented dudng the above-
referenced public hearings on November 8 and December 6, 1995, including written and
oral staff reports, together with public testimony, this Council hereby specifically finds as
follows:
(a) The location, design, and proposed uses set forth in this Development
Agreement are compatible with the character of existing development in the vicinity.
(b) The Development Agreement conforms to the General Plan of the City of
Rancho Cucamonga.
Ordinance No. 551
Page 3
SECTION 4: It is expressly found that the public necessity, general welfare, and
good zoning practice require the approval of the Development Agreement.
SECTION ~i: This Council hereby approves Development Agreement 95-01,
attached hereto as Exhibit "A."
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published with 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, California.
PASSED, APPROVED, and ADOPTED this 20th day of December, 1995.
AYES: Alexander, Biane, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: None, ,. / ~
A'FrEST:
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 December, 1995, and was passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 20th day of December, 1995.
Executed this 21 st day of December 1995, at Rancho Cucamonga, California.
Ordinance No. 551
Page 4
DEVELOPMENT AGREEMENT NO. 95-01
SENIOR CITIZENS' HOUSING
THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and
between PACIFICA COMMUNITY ASSOCIATES, a California Limited Partnership
("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized
and existing under the laws of the State of California ("City").
WITNE S $ETH:
A. RecitalS.
(i) Califomia Government Code Sections 65864 et seq. authorizes cities to enter
into binding development agreements with persons having legal or equitable interests in real
property for the development of such property.
(ii) California Govemment Code Section 65915 provides that a city may, b;,
agreement with a developer, grant a density bonus over that allowed by the maximum density
established in the development code and land use element of the general plan when a developer
agrees to construct housing for low income senior households.
(iii) Developer has requested City to consider the approval of a development
agreement, with a density bonus, pertaining to that real property located entirely within City, the
common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated
herein by this reference and hereinafter is referred to as "the Site."
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EXHIBIT "a"
Ordinance No. 551
Page 5
(iv) The Site is now zoned High Residential with a Senior Housing Overlay
District pursuant to the provisions of City's Development Code, as amended to date hereof.
Developer and City desire to provide through this Development Agreement more specific
development controls on the Site which will provide for maximum efficient utilization of the Site
in accordance with sound planning principles.
(v) The Developer proposes to construct a senior housing residential project,
including low income units, within the City. Said project contemplated by Developer will require
an increase in the maximum density as currently provided in the Senior Housing Overlay District.
(vi) It is the desire of City to encourage developments designed to provide
affordable rental units for senior residents of the City. In furtherance of that desire, the City is
hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement.
(vii) On ,1995, City adopted its Ordinance No. ,
thereby approving this Development Agreement with Developer and said action was effective on
,1995.
NOW, THEREFORE, the parties hereto agree as follows:
1. ~. In this Agreement, unless the context otherwise requires, the following terms
shall have the following meaning:
a. "City" is the City ofRancho Cucamonga,
b. "Project" is the development approved by City comprised of one hundred fifty-eight
(158) apartment units, recreational and common area facilities, one hundred fifty-
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Ordinance No. 551
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eight (158) parking spaces and other amenities on the Site, all as set forth more fully
in the site plan for Development Review 95-22 submitted by Developer and approved
by City, a copy of which is attached hereto, marked as Exhibit "B" and is
incorporated herein by this reference. The site plan attached as Exhibit "B" includes
various conditions of approval which are not changed, altered or modified by this
Development Agreement unless specifically set forth herein. The project also
includes the records of the applications by Developer and the proceedings before the
Planning Commission and City Council of City on file with the City and all such '
records and files in these matters are incorporated herein by this reference as though
set forth in full.
c. "Qualified Project Period" means the first day on which the residential units in the
development are first available for occupancy by Qualified Tenants and continuing
for thirty (30) years, except that the limitation that all tenants, occupants and
residents be Qualified Tenants shall continue in perpetuity.
d. "Qualified Tenants" shall mean persons or households who are at least fifty-five (55)
years or older and are senior citizens as defined in Section 51.3 of the California
Civil Code as said sections are written as of the effective date of this Agreement.
(i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who
possess an income equal to or less than the amounts as specified in California Health
and Safety Code Section 50105, as amended.
(ii) "Ninety Percent Income Qualified Tenants" means a household whose armual
income does not exceed ninety percent (90%) of the Area Median Income.
(iii) "Area Median Income" as may be used in determining income status or rent
rate herein, shall mean that determined median by the County of San Bemardino or,
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Ordinance No. 551
Page 7
if discontinued, as set forth in California Health and Safety Code Section 50093, as
amended.
e. "Affordable Rents" shall mean the total charges for rent, utilities, and related services
to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent
(30%) of Very Low Income, adjusted for household size. The total charges for rent,
utilities, and related services to a Ninety Percent Income Qualified Tenant shall not
exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of the Area
Median Income, adjusted for household size. Initial rents for each unit shall be set
by the Developer at the time of initial occupancy of the Development. Rents may be
adjusted annually by the same percentage that income has increased, if any, for a
Very Low Income Qualified Tenant or a Ninety Percent Income Qualified Tenant,
based on changes in the Area Median Income. At least sixty (60) calendar days prior
to increasing rents on any unit restricted by this Agreement, the Developer shall
submit to the City for its approval the Developer's calculation of such increase.
Tenants occupying units restricted by this Agreement shall be given at least thirty
(30) days written notice prior to any rent increase.
f. "Effective Date" shall mean the 31st calendar day following adoption of the
ordinance approving this Agreement by City's City Council.
2. Recitals. The recitals are pan of the agreement between the parties and shall be enforced and
enforceable as any other provision of this Agreement.
3. Interest of Property_ Owner. Developer warrants and represents that it has entered into an
escrow or an agreement by which it is to acquire full legal title to the real property of the Site and
that it has full legal fight to enter into this Agreement.
Ordinance No. 551
Page 8
4. Binding Effect of Agreemerlt. The Developer hereby subjects the development and the land
de3cribed in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this
Agreement. The City and the Developer hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Developer's successors and assigns in title or interest to the
Development. Each and every contract, deed or other instrument hereinafter executed, coveting or
conveying the development or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such
contract, deed or other instrument.
City and Developer hereby declare their understanding and intent that the burden of
the covenants, reservations and restrictions set forth herein touch and concern the land in that the
Developer's legal interest in the development is rendered less valuable thereby. The City and
Developer hereby further declare their understanding and intent that the benefit of such covenants
touch and concem the land by enhancing and increasing the enjoyment and use of the Development
by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and
by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto
agree that such covenants, reservations and restrictions benefit all other real property located in the
City of Rancho Cucamonga.
5. Relationshio of Parties. It is understood that the contractual relationship between City and
Developer is such that Developer is an independent party and is not the agent of City for any purpose
whatsoever and shall not be considered to be the agent of City for any purpose whatsoever.
6. Term ofAt, reement. The term of the Agreement shall commence on the effective date and
shall expire thirty (30) years after the commencement of the Qualified Project Period, so long as
Developer remains in material compliance with this Agreement, as from time to time mended.
This Agreement shall be deemed to be terminated automatically if Developer does not obtain a
Certificate of Occupancy for the entirety of the Project within three (3) years of the effective date.
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Ordinance No. 551
Page 9
7. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and
residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that
the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly,
even after the expiration of the term, the limitation that all tenants, occupants and residents of
apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the
Project is made to conform with all then applicable Development Code provisions pertaining to
multi-family dwellings. Said apartment units shall not be rented, occupied, leased or subleased to
occupants who are not Qualified Tenants except as provided as follows:
a. A person or person who is not a Qualified Tenant, and is at least forty-five (45) years
of age, may occupy an apartment unit if he or she occupies an apartment unit with
a present occupant who is a Qualified Tenant and who provides primary physical or
economic support to such Qualified Tenant;
b. A person at least forty-five (45) years of age who is the spouse of a Qualified Tenant
may occupy a unit with such Qualified Tenant; and
c. A person or persons under fifty-five (55) years of age may occupy apartment units
as temporary tenants for a period of time not to exceed three (3) months during any
calendar year.
8. Rental Requirements. During the Qualified Project Period at least forty percent (40%) of the
units in the Project,, shall be rented, leased or held available for Very Low Income Qualified Tenants
at affordable rents. All remaining units shall be rented, leased or held available for Ninety Percent
Income Qualified Tenants at affordable rents.
9. Maintenall~¢ 9fApartments as Rentals. During the term hereof, all apartment units in the
Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion
Ordinance No. 551
Page 10
from rental traits to condominiums, townhomes or any other common interest subdivision without
consent of the City Council.
10. --Q.~. A full-time manager shall be provided on the Project site.
11. Tenant Committee. Residents shall have the right to establish a committee composed of
tenants for the purpose of organizing social activities and providing comments and suggestions to
the Developer regarding the operation and facilities of the Project. Nothing in this section shall be
deemed to restrict the fights of individuals to organize activities and provide comments to the
Developer.
12. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit
to City tenant selection procedures which shall detail the methods which Developer shall use to
advertise the availability of apartments in the Project and screening mechanisms which Developer
intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income
Qualified Tenants.
On or before March 15 of each year following the commencement of the Qualified Project
Period, the Developer, or its representative, shall file a certificate of continuing program compliance
with the City. Each such report shall contain such information as City may require including, but
not limited to, the following:
.a. Rent schedules then in effect, including utility charges (if any);
b. ' A project occupancy profile;
c. A description of the physical condition and maintenance procedures for the Project,
including apartment units, landscaping, walkways and recreational areas.
City shall be allowed to conduct physical inspections of the Project as it shall deem
necessary, provided that said inspections do not unreasonably interfere with the normal operations
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Ordinance No. 551
Page 11
of :i:e Project and reasonable notice is provided. The City shall further be allowed to conduct an
annual survey of residents in the Project in order to assess senior needs.
13. Tenant Selection. Contracts and Rules and RegulatiOns. On receipt of an application for low
income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this
Development Agreement. Verification of tenant eligibility shall include one or more of the
following factors:
a. Obtain an income verification form from the Social Security Administration and/or
the Califomia Department of Social Services, if the applicant receives income from
either or both agencies;
b. Obtain an income tax return for the most recent tax year;
c. Conduct a TRW or similar financial search;
d. Obtain an income verification from all current employers; and
e. If the applicant is unemployed and has no tax return, obtain another form of
independent verification.
Developer shall be entitled to rely on the information contained in the application sworn to
by the applicant. All agreements for rental of all apartment units in the Project shall be in writing.
The form of proposed rent or lease agreement shall be reviewed and appmved by City
prior to the commencement of the Qualified Project Period. Such agreement shall include all rules
and regulations governing tenancy within the Project. The rules and regulations shall include
regulations which specifically authorize the keeping of small pets within all apartment units.
Ordinance No. 551
Page 12
14. Termination and Eviction of Tenants. A tenancy may be terminated without the termination
being deemed an eviction under the following circumstances:
a. The death of the sole tenant of the unit;
b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30)
days' written notice; ,
c. By abandonment of the premises by the tenant; or
d. By failure of a tenant to execute or renew a lease.
Any termination of a tenancy other than those listed above in this paragraph 14 shall
constitute an eviction. Developer shall only evict in compliance with the provision of California law
and then only for material noncompliance with the terms of the rental agreement.
15. i,~lj~ltll~. Residency preference shall be given where possible to applicants to the
Project who have been residents of the City of Rancho Cucumonga. However, that factor shall not
be given priority over the other elements of Qualified Tenant selection as stated herein.
16. H~.iI:~[.III.~II~. Developer shall keep the Project and all improvements thereon insured
at all times against loss or damage endorsement and such other risks, perils or coverage as Developer
may determine. During the term hereof, the Project shall be insured to its full insurance replacement
value.
17. Maintenance Guarantee. Developer shall comply with all City maintenance standards
enacted from time to time.
Ordinance No. 551
Page 13
18. Standards and Restriction Pertaining to Development of the Real Property. The following
specific restrictions shall apply to the use of the Site pursuant to this Development Agreement:
a. Only residential uses of the real property shall be permitted in the Project; and
b. The maximum density of residential dwelling units in the Project shall never greater
than 32.6 dwelling units per acre; and _
c. The maximum height for the highest proposed building in the Project shall be forty-
two (42) feet; and
d. The maximum size for all the buildings and the proposed square footage for each of
the apartment types located in the Project shall be as set forth in Exhibit "B" attached
hereto; and
e. The provisions for reservation or dedication of land for public purposes are contained
in the conditions for approval of Development Review 95-22.
19. Development Incentives. The City will grant Developer the following development
incentives for development of the Project:
a. The maximum density on the site shall be increased to 32.6 dwelling units per acre;
and
b. The maximum number of required parking off-street parking spaces shall be lowered
to one (1) parking spaces per unit; and
c. The maximum building height within 100 feet of single family residential shall be
increased to 42 feet; and
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Ordinance No. 551
Page 14
d. The minimum private open space requirement for ground floor units shall be reduced
to 1 O0 square feet; and
e. The minimum private open space requirement for second and third floor units shall
be reduced to 60 square feet; and
f. The minimum number of washer/dryer facilities shall be reduced to one washer/dryer
for every 14 units; and
g. The minimum building setback from the drive aisle shall be reduced to 9 feet; and
h. Recreational amenities may be duplicated in order to fulfill the total number of
recreational amenities required for the project; and
i. The height of the perimeter wall, a combination of retaining and flee-standing wall,
may be increased to 12 feet.
20. Project Design Amenities for Senior Citizens. The Project open space, buildings and
individual apartments shall be designed with physical amenities catering to the needs and desires of
the senior citizen residents. In addition to those conditions set forth in Exhibit "B" hereto, the
following physical amenities shall be substantially included in the Project:
a. Elevator service shall be provided to all upper story apartments;
b. All units shall be designed for handicap access;
c. All units shall possess secured entryways off a common enclosed hallway;
d. Handrails shall be provided in all hallways;
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Ordinance No. 551
Page 15
e. Building space shall be devoted for tenant group meetings; and
f. Recreational amenities shall include, but not limited to, lawn bowling, gazebos, and
barbeque areas.
21. ~. Developer agrees to and shall hold City and its elected officials, officers,
agents and employees harmless from liability for damage or claims for darn. age for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect
operations of Developer or those of his contractor, subcontractor, agent, employee or other person
acting on his behalf which relate to the Project. Developer agrees to and shall defend City and its
elected officials, officers, agents and employees with respect to actions for damages caused or
alleged to have caused by reason of Developer's activities in connection with the Project. This hold
hanrdess provision applies to all damages and claims the operations referred to in this Development
Agreement regardless of whether or not the City prepared, supplied or approved the plans,
specifications or other documents for the Project. Notwithstanding the foregoing, this provision
shall not apply to any such claims which arise out of, or by reason of, the sole negligence or wilful
misconduct of the City.
22. Amendments. This Agreement may be amended or canceled, in whole or in part, only by
mutual written consent of the pardes and then in the manner provided for in California Government
Code Sections 65868 et seq.
23. ~. In the event of a default under the provisions of this Agreement by Developer,
City shall give written notice to Developer (or its successor) at the address of the Project, and by
registered or certified mail addressed to the address stated in this Agreement, and if such violation
is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is
given, or if not corrected within such reasonable time as may be required to cure the breach or
default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default must be commenced within said thirty (30) days and must thereafter be
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Ordinance No. 551
Page 16
diligently pursued by Developer), then City may, without fiather notice, declare a default under this
Agreement and, upon any such declaration of default, City may bring any action necessary to
specifically enfome the obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive relief against any violation by
Developer of any provision of this Agreement, or apply for such other relief as may be appropriate.
After completion of the Project pursuant to the terms of this Agreement, any default may
alternatively be enforced as any normal violation of the standards and provisions of the Rancho
Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of
this Agreement:
"It shall be unlawful for any person, firm, partnership, or corporation to violate any provision
or to fail to comply with any of the requirements of this Agreement. Any person, tirm,
partnership, or corporation violating any provision of this Agreement by failing to comply
with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding One Thousand Dollars ($1 ;000.00) or by
imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each
such person, firm, partnership, or corporation shall be deemed guilty of a separate offense
for each and every day or any portion thereof during which any violation of any of the
provisions of this Agreement is committed, continued or permitted by such person, fu'm,
parmership or corporation, and shall be punishable therefore as herein."
24. ~. Developer is in default under this Agreement upon the happening of one
or more of the following events or conditions:
a. Ifa material warranty, representation or statement is made or furnished by Developer
to City and is false or proved to have been false in any material respect when it was
made;
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Ordinance No, 551
Page 17
b. Ifa finding and determination is made by City following an annual review pursuant
to paragraph 12 hereinabove, upon the basis of substantial evidence that Developer
has not complied in good faith with any material terms and conditions of this
Agreement, after notice and opportunity to cure as described in paragraph 23
hereinabove; or
c. A breach by Developer of any of the provisions or terms of this Agreement, after
notice and opportunity to cure as provided in paragraph 23 hereinabove.
25. No Wavier of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce or terminate this Agreement.
Nonperformance by Developer shall not be excused because performance by Developer of the
obligations heroin contained would be unprofitable, difficult or expensive or because of a failure of
any third party or entity, other than City. All other remedies at law or in equity which are not
otherwise provided for in this Agreement or in City's regulations governing development agreements
are available to the parties to pursue in the event that there is a breach of this Development
Agreement. No waiver by City of any breach or default under this Development Agreement shall
be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
26. Rights of Lenders Under this A~eement Should Developer place or cause to be placed any
encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said
encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during
the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such act
or thing done or performed by Lender shall be as effective as if done by Developer
itself;
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Ordinance No. 551
Page 18
b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or in equity or by the
security document evidencing the encumbrance or lien (hereinafter referred to as "the
trust deed");
c. Transfer, convey or assign the title of Developer to the Project to any purchaser at
any foreclosure sale, whether the foreclosure sale b_e conducted pursuant to court
order or pursuant to a power of sale contained in a trust deed; and
d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale,
whether the foreclosure sale be conducted pursuant to a court order or pursuant to a
power of sale contained in a trust deed.
The City agrees that the terms of this Agreement are subordinate to any such financing
instrument and shall execute from time to time any and all documentation reasonably requested by
Developer or Lender to effect such subordination.
27. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by property owner to Lender and afford Lender the opportunity after service of the notice
tO:
a. Cure the breach or default within sixty (60) days after service of said notice, where
the default can by cured by the payment of money;
b. Cure the breach or default within sixty (60) days after service of said notice where
the breach or default can be cured by something other than the payment of money
and can be cured within that time; or
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Ordinance No. 551
Page 19
c. Cure the breach or default in such reasonable time as may be required where
something other than payment of money is required to cure the breach or default and
cannot be performed within sixty (60) days after said notice, provided that acts to
cure the breach or default are commenced within a sixty (60) day period after service
of said notice of default on Lender by City and are thereafter diligently continued by
Lender.
28. Action bv Lender. Notwithstanding any other provision of this Agreement, a Lender may
forestall any action by City for a breach or default under the terms of this Agreement by Developer
by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings
so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument creating the encumbrance or lien.
The proceedings shall not, however, forestall any such action by the City for the default or breach
by Developer unless:
a. They are commenced within sixty (60) days after service on Lender of the notice
described hereinabove;
b. They are, after having been commenced, diligently pursued in the manner required
by law to completion; and
c. Lender keeps and performs all of the terms, covenants and conditions of this
Agreement requiting the payment or expenditure of money by Developer until the
foreclosure proceedings are complete or are discharged by redemption, satisfaction
or payment.
29. Rent Control. In consideration for the limitations herein provided, City agrees that it shall
not, during the term of this Agreement, take any action, the effect of which will be to control,
determine or affect the rents for those low income rental units located in the Project.
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Ordinance No. 551
Page 20
30. Notice. Any notice required to be given by the terms of this Agreement shall be provided
by certified mall, remm receipt requested, at the address of the respective parties as specified below
or at any other such address as may be later specified by the parties hereto.
Developer: Robert D. Banman
Paci~ca Community Associates
7201 Haven Avenue, E-347
Rancho Cucamonga, CA 91701
City: City of Rancho Cucamonga
10500 Civic Center Drive
P. O. Box 807
Rancho Cucamonga, CA 91730
31. Attorneys' Fees. In any proceedings arising from the enforcement of this Development
Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled
to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed
within the discretion of the court.
32. ]~.illailla. E,lI~. This Agreement shall bind, and the benefits and burdens hereof shall inure
to, the respective parties hereto and their legal representatives, executors, administrators, successors
and assigns, wherever the context requires or admits.
33. ~:~l]j.~t,L~. This Agreement shall be construed in accordance with and govemed by the
laws of the State of California.
34. P_a/:li~Ill.~lli~. If any provisions of this Agreement shall be deemed to be invalid, illegal
or tmenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not
in any way be affected or impaired thereby.
17
Ordinance No. 551
Page 21
3 5. Recordati01n. This Agreement shall, at the expense of Developer, be recorded in the Official
Records of the County Recorder of the County of San Bernardino.
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall
be effective on the effective date set forth hereinabove.
CITY OF RANCI-/O CUCAMONGA
Dated: By
William J. Alexander, Mayor
PACIFICA COMMUNITY ASSOCIATES
Dated: By
Robert D. Banman
18
Ordinance No. 551
Page 22
EXHIBIT "A"
Parcel N0, 1:
The north one-half of Lot 1, Section 3, Township 1 south, Range 7 west, San Bemardino Base and
Meridian, according to Map of Cucamonga Lands, in the County of San Bemardino, State of
California, as per Map Recorded in Book 4 of Maps, Page(s) 9, in the Office of the County Recorder
of said County.
Excepting therefrom the east 333.00 feet.
Also excepting therefrom north 60 feet lying within Baseline Avef~ue.
Parcel NQ, 2:
An easement for ingress, egress, drainage, public utilities and incidental purposes, described as
being over and across the south 55 feet.
Excepting therefrom the east 110 feet.
Said easement also affects the west 65 feet of the 110 feet of the following described Parcel:
The south 120 feet of the east 168 feet of the north one-half of Lot 1, Section 3. Township I south.
Range 7 west, San Bemardino Base and Meridian, according to Map of Cucamonga Fruit Lands, as
Recorded in Book 4 of Maps, Page 9, records of San Bemardino County.
Excepting therefrom the east 45 feet as granted to the County of San Bemardino, in Document
Recorded June 14, 1965, in Book 6409, Page 719, Official Records.
Said easement shall be permanent and assignable.
Parcel No. 3:
An easement for ingress, egress, drainage, public utilities and incidental purposes, described as
being over and across the south 55 feet.
Said easement also affects the south 1 foot of the north 70 feet, excepting therefrom the east 50
feet, also excepting therefrom the west 223 feet of the following described Parcel:
The south 190 feet of the east 333 feet of the north one-half of Lot 1, Section 3, Township 1 Section,
Range 7 west, San Bemardino Base and Meridian, in the County of San Bernardino, State of
California, according to Map of Cucamonga Fruit Lands, as per Plat Recorded in Book 4 of Maps,
Page 9, records of said County.
Excepting therefrom the south 120 feet of the east 168 feet;
Also excepting that portion thereof lying within Archibald Avenue.
Said easement shall be permanent and assignable.
Ordinance No, 551
Page 23