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HomeMy WebLinkAbout357 - OrdinancesORDINANCE NO. 357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANC~O CUCAMDNGA, CALIFORNIA, APPROVIM3 THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 87-03 CONCERNING PROPERTY LOCATED AT TaE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND LOMI TA COURT, RANCH 0 CU CA FIDNGA, CALI FO RNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF RANCliO CUCAMDNGA A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of developnent projects can result in a waste of resources, escalate the cost of housing and other developnents to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a developnent project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city .... may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article .... " (iii) California Government Code Section 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements Ordinance No. 357 Page 2 for subsequent discretionary actions shall not prevent developsent of the land for the uses and to the density or intensity of development set forth in the agreement .... " (iv) Attached to this Ordinance, marked Exhibit "A" and incorporated hereln by reference, is a proposed Develo~nent Agreement, No. 87-03. concerning that approximately 3.58 acre parcel located on the southwest corner of Archibald Avenue and Lomita Court in the City of Ranch, Cucamonga, and as legally described within the attached Exhibit "A." Hereinafter in this Ordinance, that agreement attached hereto as Exhibit "A" is referred to as "the Develo~nent Agreement." (v) Concurrent with the adoption of this Ordinance. the City Council has adopted ordinances amending the General Plan designation for the subject property from Office to Neighborhood Commercial and the Develo~nent District designation from Office/Professional to Neighborhood Commercial. The proposed developer of the property and the City desire to provide through the attached Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound planning principles, all in accordance with the above-referenced provisions of law. (vi) On May 11, 1988, the Planning Commission of the City of Ranch, Cucamonga held a duly noticed public hearing concerning the proposed Development Agreement and has recommended to this Council the adoption of the Development Agreement. (vii) This Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (viii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it hereby is ordained by the Council of the City of Ranch, Cucamonga as follows: Ordinance. In all respects as set forth in the Recitals, Part A, of this 2. The City Council of the City of Ranch, Cucamonga hereby finds and concurs with that Negative Declaration adopted with respect to the project on June 15, 1988, and further finds that it has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and that this Council has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in this Ordinance. Ordinance No. 357 Page 3 3. This Council specifically finds that: (a) The location, design and proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity: (b) The Development Agreement will produce within the project an enviror~ent of stable and desirable character, and will not tend to cause any traffic congestion on surrounding streets: (c) The proposed development will be well integrated into its setting; and (d) Provision has been designed in the proposed development for both private and public open spaces at least equivalent to that required by the Neighborhood Commercial District. (e) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. 4. It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. 5. This Council hereby approves the Development Agreement attached hereto as Exhibit '~." 6. If the above-referenced ordinances amending the General Plan and Development District designations on the subject property do not become effective, this Ordinance and the attached Development Agreement shall be deemed null and void. 7. This Council hereby authorizes and directs the Mayor to execute the Development Agreement on behalf of the City of Rancho Cucamonga forthwith upon adopting this Ordinance. 8. 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 15th day of June, 1988. AYES: Brown, Buquet, Stout, King, Wright NOES: None ABSENT: None Ordinance No. 357 Page 4 Dennis L. Stout, Mayor ATTEST: ~verly A. 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 1st day of June, 1988, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of June, 1988. Executed this 16th day of June, 1988 at Rancho Cucamonga, California. Ordinance No. 357 Page 5 EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 87-03 CONCERNING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND LOMITA COURT, RANCHO OJCAMONGA, CALIFORNIA THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between WEIRICK PROPERTIES LIMITED, a Callfornia partnership ("Developer") and the CITY OF RANCHO CUCAH3NGA, a municipal corporation organized and existing under the laws of the State of California ("City"). W I TNE S S E TH: A. Recitals. (i) California Government Code Sections 65864, et seq. authorizes cities to enter into binding development agresents with persons having legal or equitable interests in real property for the development of such property. (ii) Developer owns all interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated heresn by this reference and hereinafter is referred to as "the ~ite." (iii) The Site is now zoned Neighborhood Commercial pursuant to the provisions of City's Development Code and Development District Map. as amended to date hereof. Developer and City desire to provide through this Development Agreement more specitic development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (iv) On June 15, 1988, City adopted its Ordinance No. 357, thereby approving this Development Agreement with Developer and said Ordinance was effective on July 15, 1988. B. Agreement. NO~, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement. unless the context otherwise requires. the following terms shall have the following meaning: a. "City" is the City of Rancho Cucamonga. be "Developer" is Weirick Properties Limxted, a California partnership comprised of general partners: ALAN C. ~EIRICK and WEIRICK MANAGEMENT CORPORATION, RICHARD C. ~EIRICK. President. "Development Plan" are those plans and specifzcations attached hereto, marked as Exhibit "B" and incorporated herexn by this reference, and comprised of the documents including, but not limited to. a final site plan (including design elevations), sign Ordinance No. 357 Page 6 plan, site utilization map, final landscape and grading plans, etc. The Development Plan attached hereto includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth 'her,in. The project also includes the records of applications by Developer, the proceedings before the Planning Commission and City Council, and all such records and files in these matters are incorporated her,in by this reference as though set forth in full. de "Project" is that development approved for the Site as provided in this Development Agreement comprised of a msxed use of office and Neighborhood Commercial uses (including provision for a full-service restaurant location), all as reflected in the Development Plan attached her,to as Exhibit "Effective Datew shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by Cityts City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has full legal title to the site, that it has full legal right to enter into th~s Agreement and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so. 4. BindinR Effect of Agreement. The Developer hereby subjests the Project and the land described in Exhibit sA" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their SpeCl~lC intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developerrs successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the Project is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project. the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties her,to agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga. Ordinance No. 357 Page 7 5. Relationship of Parties. It is understood that the contractual relation- ship between City end Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the agreement shall commence on the effective date end shall expire on December 31, 2008, so long as Developor remains in material compliance with this Agreement, as from time to time amended. 7. Construction. The Developer shall complete construction work for the Project on the Site, end all phases thereof, including, but not limited to, landscaping and all off-site improvements, pursuant to a building permit or permits issued by City within six (6) years following the effective date. For the purpose of this provision, failure to complete tenant improvements, except for those improvements necessary for a fully operating restaurant, shall not be deemed failure to complete the project. Additionally, the completion of construction obligations shall be extended by any period within which the developer is prevented from timely completion by "Force Majeure". 8. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of this Site (as may be subsequently subdivided), to any person or entity at any time during the term of this DeveloFenent Agreement. Any such transfer shall be deemed to include an assignment of 811 rights, duties and obligations created by this Developaent Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. 9. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: Developer shall have the right-to develop the Project on the Site in accordance with the terms and conditions of this Agreement end City shall have the right to control development of the ~ite in accordance with the provisions of this Agreement, be The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes. the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Site. shall be as set forth in this Develorxaent Agreement and the attached Development Flan. 10. Effect of City ReKulations on Development of Project. Except as expressly provided in this DeveloFment Agreement, all substantive and procedural Ordinance No. 357 Page 8 requirements and provisions contained in City's ordinances, specifxc plans, rules and regulations, including, but not limited to, the Development Code, in effect as of the effective date of this Development Agreement, shall apply to the construction and development of the Site. The provisions of this paragraph 10 shall not preclude the application to the development of the Site those changes in City ordinances, regulations, plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5. be The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc. shall be pursuant to those fees in effect at the time application is made for such approvals or permits. City may apply any and all new ordinances, rules, regulations, plans and specifications to the development of the bite after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date. de Nothing herein shall prevent the applicatlon of health and safety regulations (i.e., fire, building, seismic, plumbing and electric codes) that become applicable to the City as a whole. 11. Permitted Uses. Those uses allowed on the Site shall De as follows: Office. That building space located on the northeast corner of the bite (as reflected in the Site Plan included within Exhibit "B" hereto) shall be developed exclusively for offxce space. be Restaurant. That building space located on the southeast corner of the ~ite (as reflected in the Site Plan included within Exhibit "B" hereto) shall be developed with a full-service sit-down restaurant (unless deleted pursuant to the terms of paragraph 13 her,in). For the purposes of this Development Agreement, a full-service restaurant shall be deemed to be a sit-down restaurant which provides customary breakfast, lunch and dinner service. Commercial. The remainder of the building space available on the Site (as reflected in the Site Plan included within Exhibit ~B" hereto) shall be developed for those "Neighborhood Commercial" uses as defined in Section 17.10,030 of City's Development Code, as the same is amended from time to time. Such Neighborhood Commercial uses shall be ~perm~tted" or ~conditional" (i.e., subject to the approval of a conditional use permxt) pursuant to the terms of said Section 17.10.030. Notwithstanding the foregoing, the following uses' are prohibited within such commercial areas of the Project: Ordinance No. 357 Page 9 1. Animal care facilities; 2. Arcades; 3. Automobile services (except parts and supplies); Drive-in businesses of any kind (including fast food restaurants); 5. Feed and tack stores; 6. Ice machines; 7. Mortuaries and cemeteries; 8. Landscape Nurseries; 9. Outdoor commercial recreational facilities; 10. Recreational vehicle storage; 11. Service stations. 12. Project Phasing. The Project may be developed in one or more phases of construction; however, at minimums the office uses designated for the northeast corner of the Site shall be developed within the first phase of construction. Notwithstanding the foregoing, until a certificate of occupancy is granted for the restaurant, no other certificate of occupancy shall be granted for any other development on the Site except the office uses. 13. Deletion of Restaurant. The Planning Commission of the City may, upon showing of good cause by the Developer, delete the requirement of a restaurant as part of the Project. For the purpose of this section, good cause shall be deemed to include, but not limited to, the presentation of written correspon- dence, from a minimum of seven (7) major restaurant developers, indicating a refusal or unwillingness to develop the required restaurant. If the restaurant use is deleted pursuant to the provisions of this paragraphs the restaurant location as shown on the ~ite Plan included within Exhibit "B" her,to, shall be developed exclusively for offlce space users. Any such develolment of the restaurant site for office space shall be subject to the then applicable City standards for design and development review. 14. Attraction of Specified Commercial Tenants. As part of this Developdent Agreement, it is expressly understood between the parties hereto that certain commercial uses are more desirable as tenants within the Project to meet the needs of those senior citizen residents in the immediate vicinity of the Project. Developer shall use its best efforts to encourage tenants for occupancy within the commercial portions of the Project which cater to the needs of the senior citizen community, including, at minimum, the following spectfic uses: Ordinance No. 357 Page 10 a. Shoe stores, including sales and repair2 b. Jewelry stores; c. Variety stores; d. Boutlque stores; e. Dress and apparel shops. If, upon annual review, at least eighty percent (801) of the such specified commercial uses are not included within the Project or other senior citizen oriented uses, Developer shall prepare a marketing plan, to the satisfaction of the City Planner, including, but not limited to, an intensive commercial advertising proEram with rent reductions, or other incentives, for such specified commercial tenants. 15. Annual Review. During the term of this Develornent Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Agreement no later than March 15 of each calendar year. 16. Indemnification. Developer agrees to, and shall, hold City and its elected offscials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the construction and operation of the Project. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. 17. Amendments.. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Govermaent Code Sections 65868 et esq. 18. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the City Planner pursuant to the terms of Section 17.02.070A ("Minor Revisions-Administrativew) of City's Development Code and any changes to the restaurant site may be approved by the Planning Commission pursuant to the terms of Section 17.06.010 (Deslgn/Development Review). Ordinance No. 357 Page 11 19. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and it such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or it not corrected within such reasonable time as may be required to cure the breach or default it said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligatlons of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 20. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; be If a finding and determination is made by City following an annual review pursuant to paragraph 15 here~nabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 19 hereinabove= or A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportuulty to cure as provlded in paragraph 19 hereinabove. 21. No Waiver of Remedies. City does not waive any claim of defect in perfor- mance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, dift~cult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Develo~nent Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 22. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the rlght at any time during the term of this Agreement and the existence of said encumbrance or lien to: Ordinance No. 357 Page 12 Do any act or thing required of Developer under this_Agreement. and any such act or thing done or performed by Lender shall be as effective as if done by Developer; be Realize on the security afforded by the encumbrance or_lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (herexnafter referred to as "a trust deed"); Transfer, convey or assign the title of Developer to_the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and de Acquire and succeed to the interest of Developer by_vxrtue of any foreclosure sale. whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a rust deed. 23. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: Cure the breach or default within of said notice, where the default money; sixty (60) days after service can be cured by the payment of be Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or Ce Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice. provided that acts to cure the breach or default are commenced within a sixty (60) day perxod after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 24. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contaxned in the instrument creating the encumbrance or lien. The proceedxngs shall not. however. forestall any such action by the City for the default or breach by Developer unless: Ordinance No. 357 Page 13 They are commenced within sixty (60) days after service on Developer of the notice described hereinshore; be They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 25. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later' specified by the parties hereto. To Developer: WEIRICK PROPERTIES LIMITED 2500 East Colorado Boulevard Suite 360 Pasadena, California 91107 Attention: Alan C. Weirick To City: City of Rancho Cucamonga 9320 Base Line. Suite C P.O. Box 807 Rancho Cucamonga, California 91730 Attention: Lauren Wasgerman, City Manager 26. Attorney's Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 27. Binding Effect. This Agreement shall bind. and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal represen- tatives, executors, administrators, successors and assigns, wherever the context requires or admits. 28. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the state of California. 29. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforce- ability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Ordinance No. 357 Page 14 30. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San Bernardino within ten (10) days following the Effective Date. IN WITNESS WHEREOF. this Agreement has been executed by the parties and shall be effective on the effective date set forth hereInshore. CITY/OF RANdtO O3CAMONGA Dated: By: Dennis L. Stout, Mayor WEIRICK PROFERTIES LIMITED Dated:__ By: Allan C. Weirick Dated: By: Weirick Management Corporation Richard C. Weirick, President STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On . 1988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared proved to me on the basis of satisfactory evidence to be the person who executed this instrument as Mayor of the CITY OF RANCHO CUCA~K)NGA, a muuicipal corporation existing aud organized under the laws of the ~tate of California, and acknow- ledged to me that the CITY OF RANCBO CUCA~I~A executed it. Notary Public in and for said State STATE OF ) ) as. COUNTY OF ) On , 1988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Allan C. Weirlck and Richard C. Weirick, PresiOent, Weirick Properties Limited, proved to me on the basis of satisfactory evidence to be the persons who executed this instrument as general partners of WEIRICK PROPERTIES LIMITED and acknowledged to me that such persons are authorized to execute on behalf of such partnership. Notary Public in and for said State Ordinance No. 357 Page 15 EXHIBIT "A" Parcel 1 of Parcel Hap No. 5792 in the City of Rancho Cucamonga. County of San Bernardino, State of California, as per recorded ~n Book 59 of Parcel Maps. Pages 74 and 75° ~n the Office of the County Recorder of se~d County. 0 n. m m OQ · ., ~ TYPtCAL SECTION AT RETAIL ARCAOE ALTA LOMA VILLAGE ....... m o m m m I · · 0 · o M:W;H at C~cFICE ,.,.. SOUTH al (~:FICE /· · ,--,,,. I ;.,_.~i__1: Z ,- '~ - - -. .... .... ,:---- .l!~"~J .. NORTH at RESTAURANT em,,me enm, rmmJ WEST a~ REST,~JRANT EAST mf RESTAIIIAN'[ ALTA LOMA VILLAGE 'DDDI:IJDD Jr"l ~ WEST at OFFICE 4)