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HomeMy WebLinkAbout382 - OrdinancesORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. 1, REGARDINGMAINTENANCE GUARANTY, TO DEVELOPMENT AGREEMENT 85-01 (RUDOLPH HENDRICKSON SENIOR APARTMENTS), A SENIOR HOUSING PROJECT 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 canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. (ii) The City has requested Amendment No. i to Development Agreement 85-01, for Rudolph Hendrickson Senior Apartments as described in the title of this Ordinance. Hereinafter, in this Ordinance, the subject Amendment is referred to as the "request". (iii) On October 26, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and recommended approval of the request. (iv) On November 16, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the request. (v) 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: (i) This Council specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. (ii) Therefore, pursuant to Section 65868, et. seg., of the California Government Code, the City Council approves Amendment No. 1 of the Development Agreement 85-01 as attached thereto as Exhibit "1". (iii) 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 ReDoft, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 382 Page 2 PASSED, APPROVED, and ADOPTED this 1st day of March, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: BeverlyA~Authelet< City Clerk I, BEVERLY A. AUTHELET, 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 15th day of February, 1989, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of March, 1989. Executed this 2nd day of March, 1989 at Rancho Cucamonga, California. RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA WHEN RECORDED, RETURN TO: City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, CA 91701 Attention: EXHIBIT "1" Ordinance No. 382 Page 3 AMENDMENT NO. i TO DEVELOPMENT AGREEMENT 85-01 THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON APRIL 18, 1985 IS ENTERED INTO BY AND BETWEEN CASA LA VIDA ASSOCIATES AND THE CITY OF RANCHO CUCAMONGA A. Recitals. (i) On April 18, 1985, the parties hereto entered into a Development Agreement concerning a senior citizen housing project (hereinafter referred to as "the Agreement"). (ii) Annual inspection of the property indicates that the property is maintained in good condition. (iii) Furthermore, existing City maintenance standards, in conjunction with enforcement provisions in the Agreement, are deemed to be adequate to guaranty property maintenance as required under the Senior Housing Overlay District. (iv) The intent of the Agreement to guaranty property maintenance is unchanged. B. Amendment. 1. The Agreement is hereby amended as follows: Section 22. Maintenance Guaranty. Developer shall comply with all City maintenance standards enacted from time to time. 2. Other than as specifically amended hereby, the Agreement and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 1 to this Agreement as of the dates set forth below opposite the name of each such party.