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.