HomeMy WebLinkAbout415 - Ordinances ORDINANCE NO, 415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. I TO AN
EXISTING DEVELOPMENT AGREEMENT FOR A HOTEL WITHIN THE
FOOTHILL DESIGN AND COMMERCIAL CENTER
A. Recitals.
(i) The California Government Code Section 65868, et. seg., now
provides, in pertinent part, as follows:
A Development Agreement may be amended, or cancelled in
whole or in part, by mutual consent of the parties to the
agreement or their successors in interest.
(ii) On January 2, 1988, the parties hereto entered into a
Development Agreement concerning a commercial development, "Foothill Design
and Commercial Center", (hereinafter referred to as "the Agreement").
(iii) The original developer, BCE Development Inc., was succeeded by
Reil ly Commercial Corporation.
(iv) The developer has transferred a portion of its interest,
through sale of land known as Lots 9 and 10 of Parcel Map 10617, to Great
Western Hotels Corporation, part of the real property of Agreement.
(v) Great Western Hotels Corporation and Reil ly Commercial
Corporation have requested Amendment No. I to Development Agreement No. 87-01,
as described in the title of the Ordinance. Hereinafter, in this Ordinance,
the subject Amendment is referred to as the "request".
(vi) On January 10, 1990, the Planning Commission of the City of
Rancho Cucamonga conducted a fully noticed public hearing and recommended
approval of this request.
(vii) On January 17, 1990, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the request.
(viii) 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 of the 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 Amendment No. 1 of the Development
Agreement 87-01 as attached hereto as Exhibit "1".
Ordinance No. 415
Page 2
3. 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 The Daily Report, 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 7th day of February, 1990.
AYES: Alexander, Brown, Buquet, Stout, Wright
NOES: None
ABSENT: None ~
· Stout, Mayor
ATTEST:
Debra J. Adam~ 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
17th day of January, 1990, and was finally passed at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 7th day of February,
1990.
Executed this 8th day of February, 1990 at Rancho Cucamonga,
Cal i fornia.
City C1 erk
Ord i na nce No. 4 15
Page 3
EXHIBIT "1"
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
WHEN RECORDED, RETURN TO:
CITY OF RANCHO CUCAMONGA
9320 Base Line Road
Rancho Cucamonga, CA 91730
Attn: Debbie Adams
AMENDMENT NO. I TO DEVELOPMENT AGREEMENT 87-01
THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT
ENTERED INTO ON JANUARY 2, 1988 ENTERED INTO BY AND
BETWEEN BCE DEVELOPMENT INC. AND THE CITY OF RANCHO
CUCAMONGA
A. Amendment.
1. Section 3, Condition 3 of Development, is hereby amended to read
as follows:
3. A Uniform Sign Program, excluding the hotel,
shall be submitted prior to issuance of
building permits, and which is compatible with
the architectural style and addresses the
signage needs of the design, commercial and
food park users.
2. Exhibit No. 2, Permitted Uses, is hereby amended to add "Hotel"
as a permitted use under the category "Business Related Services."
3. Section 3, Condition 7 of Development, is hereby amended to read
as follows:
7. A uni form design of hardscape, such as
pavement material, trash receptacles, benches,
bicycle racks, etc., for the entire site,
excluding the hotel, shall be submitted for
City Planner review and approval.
4. Other than as specifically amended hereby, the Agreement and
each and every term and provision thereof, shall remain in full force and
effect.
-3-
Ordinance No. 415
Page 4
IN WITNESS WHEREOF, the parties hereto have entered into this
Amendment No. I to this Agreement as of the dates set forth below opposite the
name of each such party.
CITY OF RANCHO CUCAMONGA
Dated: By:
MAYOR
Dated: Attest by:
CITY CLERK
GREAT WESTERN HOTELS CORPORATION
By:
Date: Title:
STATE OF CALIFORNIA )
COUNTY OF )
SAN BERNARDINO )
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 GREAT WESTERN HOTELS CORPORATION
and acknowledged to me that such officer is authorized to execute on behalf of
such corporation.
REILLY COMMERCIAL CORPORATION
By:
Date: Title:
STATE OF CALIFORNIA )
COUNTY OF )
SAN BERNARDINO )
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
REILLY COMMERCIAL CORPORATION and acknowledged to me that such officer is
authorized to execute on behalf of such corporation.
-4-