HomeMy WebLinkAbout381 - OrdinancesORDINANCE NO. 381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. 2,
REGARDING MAINTENANCE GUARANTY, TO AN EXISTING
DEVELOPMENT AGREEMENT FOR HERITAGE PARK APARTMENTS, A
SENIOR HOUSING PROJECT
A. Recitals.
(i) The California Government Code Section 65868, et. seg., now
providee, 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. 2 to Development
Agreement 83-01, for Heritage Park 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. 2 of the
Development Agreement 83-01 as attached thereto as Exhibit "l"
(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 Report, 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 1st day of March, 1989.
Ordinance No. 381
Page 2
AYES:
NOES:
ABSENT:
Alexander, Brown, Buquet, Stout, Wright
None
None
ATTEST:
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.
~Authelet, City Clerk
Ordinance No. 381
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
Attention:
AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT 83-01
THIS SECOND AMENDMENT TO THAT DEVELOPMENT AGREEMENT
ENTERED INTO ON FEBRUARY 15, 1984 ENTERED INTO BY AND
BETWEEN CAL-RANCHO, INC. AND THE CITY OF RANCHO
CUCAMONGA
A. Recitals.
(i) On February 15, 1984, 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 18. 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. 2 to this Agreement as of the dates set forth below opposite the
name of each such party.