HomeMy WebLinkAbout591 - Ordinances....... ORDINANCE NO. 591
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRST
..... AMENDMENT TO TERRA VISTA PARK DEVELOPMENT
AGREEMENT NO. 1, AS SUPPLEMENTED.
A. RECITALS.
1. The California Government Code Section 65868 et. seg., 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 June 7, 1984, the parties hereto entered into a Development Agreement
concerning the development of parks, trails, and green ways in accordance with the
Terra Vista Community Plan, which was subsequently Supplemented on November
5, 1996 (hereinafter referred to as "the agreement").
3. The applicant, Lewis Homes Construction Company, Inc., Lewis Development
Company, Western Land Properties, and Lewis Homes of California, has requested
the First Amendment to Terra Vista Park Development Agreement No. 1, as
supplemented, as described in the title of this Ordinance. Hereinafter in the
Ordinance, the subject amendment is referred to as the "request."
4. On June 24, 1998, the Planning Commission of the City of Rancho Cucamonga
conducted a fully noticed public hearing and recommended approval of this request.
5. On August 5, 1998, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the request.
6. 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:
1. This Council specifically finds that all facts set forth in the Recitals, Part A, of
this Ordinance are true and correct.
2. Therefore, pursuant to Section 65868, et, seg. Of the California Government
Code, the City Council approves First Amendment to Terra Vista Park Development
Agreement No. 1, as supplemented, as attached hereto as Exhibit "1 ."
Ordinance 591
Page 2
3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
published within 15 days after 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 19th day of August, 1998.
AYES: Alexander, Biane, Dutton, Curatalo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
~ William J/exander:, Mayor
ATTEST:
CMC, City ;rk
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 5th day of August, 1998, and was finally passed at
a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of
August, 1998.
Executed this 20th day of August, 1998, at Rancho Cucamonga, California.
J. CMC, City Clerk
Ordinance 591
Page 3
FIRST AMENDMENT
TO
TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1
This First Amendment ("Amendment") to Terra Vista Park Development Agreement
No. 1 is entered into as of the 2nd day of June, 1998, by and between Rosebud
Construction, Inc., a California corporation, formerly known as Lewis Construction
Co., Inc.; Western Land Properties, a California Limited Partnership formerly known
as Western Properties, a general partnership; Lewis Homes of California, a general
partnership; and Lewis Development Co., a general partnership (hereinafter,
collectively, "Lewis"), and the City of Rancho Cucamonga, a Municipal Corporation
(hereinafter, "City"). This Amendment amends that certain Terra Vista Park
Development Agreement No. 1, which was effective as of the 7th day of June, 1984,
and supplemented by that First Supplemental Agreement to Terra Vista Park
Development Agreement No. 1, which was entered into as of the 5th day of
November, 1986 (hereinafter, collective{y, the "Agreement").
Lewis and City are sometimes hereinafter referred to individually as a "Party" and
collectively as the "Parties."
RECITALS
.............A. Section IV of the Park Implementation Plan attached to the Agreement as
Exhibit "A," indicates that public and private recreation areas for which park
credit will be requested will be identified in the development submittal and
that the Tentative Map will identify those public and private areas within the
project for which park credits need to be granted.
B. Since the execution of the Agreement, Lewis has developed various private
recreation areas for which the Parties have not calculated park credit.
C. The Parties now desire to authorize expressly the calculation by the Parties
and the approval by City of private area park credit for those previously
developed private recreation areas, subsequent to Tentative Map approval.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein, Lewis and City agree as follows:
1. Notwithstanding the provisions of Section IV of the Park implementation Plan
attached to the Agreement, as to those previously developed private
recreation areas for which the Parties have not yet calculated park credit and
for which park credit has not yet been approved by the City, the Parties agree
that such calculation and approval may occur subsequent to Tentative Map
approval.
2. Except as specifically set forth herein, the Agreement is hereby confirmed by
the Parties to be in full force and effect and this Amendment shall be subject
................ to the unamended por-'ion thereof.
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Ordinance 591
Page 4
.............. First Amendment to Terra Vista Park DevelopmentA3reem, er:,~No 1 ~3e 2
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the
date first above written.
"Lewis"
LEWIS DEVELOPMENT CO.,
ROSEBUD CONSTRUCTION, INC. a general partnership
a California corporation t156 N. Mountain Avenue
1156 N. Mountain Ave.,pue~ Post Office Box 670 _
Post Office Box 670
Upland, C~ 91785: ~,~../' Upland, CA 91785~_~ ]
Its Authorized Agent
Its ? President~
By: ~
Its: Secretary
LEWIS HOMES OF CALIFORNIA,
WESTERN LAND PROPERTIES, a genera[ partnership
a California limited partnership 1156 N. Mountain Avenue
By: LEWIS HOMES MANAGEMENT CORP., Post Office Box 670 .
a California corporation Upland,,%CA 91785 ~'-
........... General Partner .'-~'-'-~
1156N. Mountain Avenue / By:
Post Office Box 670 ~ I~ Authorized'~gent
Upland, CA 91785 ~
By: "~
Its: ~
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
9320 Base Line Road, Unit "C"
Ranch° Cuca m°nga' CA'k9'~730
Ordinance 591
Page 5
STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
On June 2, 1998 before me Edna A. Johnson
a Notary Public in and for said county and state, personally Ri chard A. Lewis
and Dennis A. alekel ........................................................
appeared personally known to me (~ to .me on the basis of setisfmcte.%,
-evide,rrc~) to be the person(s) whose name(s)-~,'are subscribed to the within
instrument and acknowledged to me that ~e/they executed the same in
'l~/~,~d'their authorized capacity(ies), and that by ' ,P~-r/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
j '~ ~N~~O COU~
Edna A. ~hnson (Seal)
STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
On June 2, 1998 before me, -Zdna A. Johnson
a Notary Public in and for said county and state, personally Richard ;,. Lewi s--
appeared personally known to me (er p~o,,.sd to m,e on the: basis of
cvidcncc) to be the person(sO whose name(~ is,~r3 subscribed to the within
instrument and acknowledged to me that he/s ,'~-~e~ executed the same in
his/hcr/thoir authorized capacity(~e~, and that by his/hcr,"thcir signature(~ on the
instrument the person(~, or the entity upon behalf of which the person(~l acted,
executed the instrumen£.
WITNESS my hand and official seal. .- ~ .~," c~,,~,.~,~c~
Signature C~-"~-- Q'
Edna A. John~:Jn (Seal)
Ordinance 591
Page 6
STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
On June 2, t998 before me, Edna A. Johnson
a Notary Public in and for said county and state, personally R i chard A. Lewi s---
appeared personally known 'to me
~ to be the person(~. whose name(~).~ is/a-F~---subscribed to the within
instrument and acknowledged to me that he/ ~'~Ne'r-executed the same in
his/~ authorized capacity(-ie~, and that by his/hcr,'the. ir signature(sO on the
instrument the person('~), or the entity upon behalf of which the person(~) acted,
executed the instrument.
WITNESS my hand and official seal.
S i g nat u re ~---C~---~,--. ~
Edna A. J0.b~(son (Seal)
STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
On June 2, 1998 before me, Edna .A. Jonnson
a Notary Public in and for said county and state, personally Richard A. Lewi s---
appeared personally known to me (e-r--p~vud'""~o me' u,~ ~tm~bas,-s--of-satmiae~r~r,
~) to be the person(~,) whose name('~ is,'~-r-e subscribed to the within
instrument and acknowledged to me that he:/she,'thc,i executed the same in
his/~ authorized capacity(-ie~, and that by his/ ,,~ signature(sQ on the
instrument the person(iN, or the entity upon behalf of which the person(~ acted,
executed the instrument.
WITNESS my hand and official seal.
Signature ~-%-'<:~-~'--- ~--'~-
Edna A. John~/n (Seal)