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Home My WebLink About98-43 - Resolutions RESOLUTION NO. 98-43 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF FIRST AMENDMENT TO TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. The California Government Code Section 65868 et. seg., 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. 2. 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 resolution. Hereinafter in the Resolution, the subject amendment is referred to as the "request." 3. On June 24, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing based on the request. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: I. This Commission hereby specifically finds that all facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Therefore, pursuant to Section 65868 et. seg. Of the California Government Code, the Planning Commission recommends approval of The First Amendment to Terra Vista Park Development Agreement No. 1, as attached hereto as Exhibit "1." The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1998. P £-• &,- •MMIS•ION OF HE CITY OF RANCHO CUCAMONGA E. 0-yid Barker, Ch•irman RESOLUTION NO. 98-43 TERRA VISTA DEV AGREEMENT June 24, 1998 Page 2 ATTEST: _�u;��— Brad ecr:tary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of June 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. 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 cancelled 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 , 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." CITY COUNCIL ORDINANCE NO. TERRA VISTA PARK DEV. AGREEMENT 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. 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, collectively, 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 portion thereof. / / / • 1 First Amendment to Terra Vista Park Development Agreement No. 1 Page 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 1156 N. Mountain Avenue 1156 N. Mountain Ave• . - Post Office Box 670 Post Office Box 670 Upland, CA 91785 Upland, CA 91785 By: By: . 1' I s Authorized Agent Its: Presiden■ By: Its: Secretary LEWIS HOMES OF CALIFORNIA, WESTERN LAND PROPERTIES, a general 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 1156 N. Mountain Avenue By: Post Office Box 670 I'- Authorize• 'gent Upland, CA 91785 By: ��►� Its: "City" CITY OF RANCHO CUCAMONGA, a Municipal Corporation 9320 Base Line Road, Unit "C" Rancho Cucamonga, CA 91730 By: Mayor City Clerk 06/01/98\JM M:jbk\949\G 158.58 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 Richard A. Lewis and Dennis A. alekel appeared personally known to me (_ : _ - - •- -evidence) to be the person(s) whose name(s) tisfare subscribed to the within instrument and acknowledged to me that hefabe/they executed the same in it/hew/their authorized capacity(ies), and that by His/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. s EDNA A.JOHNSON WITNESS my hand and official seal. ' --•'=_� Commission i 10S:69e 'a' s Notary Public-California S `iti ty SAN BERNARDINO COUNTY � // 0 My Comm.Exams Jun 4,1999 Signature Cam— 0 - Edna A. hnson (Seal) STATE OF CALIFORNIA COUNTY OF SAN4BERNARDINO ) On June 2, 1998 before me, Edna A. Johnson a Notary Public in and for said county and state, personally Richard A. Lewis-- appeared personally known to me (o = _ - - : - - - _. - evideeaz) to be the persons,) whose name(k) is/ara subscribed to the within instrument and acknowledged to me that he/sho/thcy executed the same in his/Pew/their authorized capacity(iee and that by his/her/their signature(k) on the instrument the person($, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. commEDNAA.JO eronHno6asNSON 9e *6 yyyyrt{t;jI Nosy Public-California ! (��^�(/-� _ r/J� 'car SAN BERNARDNOCOUNri Signature "' — _ `'� • My Comm.Expires Jun 4,1999 Edna A. John (Seal) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) On June 2, 1998 before me, Edna A. Johnson a Notary Public in and for said county and state, personally Richard A. Lewis--- appeared personally known to me (- : • - . - - - .. = . . = . = . -evidenee} to be the person(§,) whose name( is/are—subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in his/li /tIie u authorized capacity(ies$, and that by his/her{their signature(s) on the instrument the person(X), or the entity upon behalf of which the person(c) acted, executed the instrument. WITNESS my hand and official seal. Signature `�O — Q - Edna A. Jo son (Seal) 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 Richard A. Lewis--- appeared personally known to me (: : . •- . • • • evidiesse) to be the person() whose nameN is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(S) on the instrument the person(N, or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal. Signature GZ-• Edna A. John n (Seal) STATE OF CALIFORNIA ) COUNTY OF ) On before me, a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Signature (Seal) STATE OF CALIFORNIA ) ) i COUNTY OF ) On before me, a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Signature (Seal)