HomeMy WebLinkAbout356 - OrdinancesORDINANCE NO. 356
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I~AN(]~O
L~JCAI~DNGA, CALI~Y)RNIA, APPROVING %"HE E~DL'dMENT ENTITLED
"DEVR~.OPMElqT AGREEMENT NO. 87-02 SENIOR CITIZENS' HOUSING"
CONCER~rI~K] THAT PROPIERTY LOCATED SOU~I{ OF BASE LIN'E ROkD,
WEST OF AR(~IBALD AVENUE, IN IRE CITY OF PANfRO O3CAI, DI~A,
CALIFORNIA, AND AUIRORIZING TdE MAYOR ~D E'7,ECUTE THE SAME
ON BH~ALF OF IRE CITY OF PANfRO L'dCA~DNGA
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
develo[ment projects can result in a waste of resources,
escalate the cost of housing and other develo[ments to the
construct, and discourage investment in and commitment to
comprehensive planning which would make maximum efficient
utilization of resources at the least economic cost to the
publlc.
"(b) Assurance to the applicant for a develo~nent
project that upon approval of the project, the appllcant
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 develolment.,
(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 .... "
(iil) 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 buildinBs, 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,
Ordinance No. 356
Page 2
provided that such conditions, terms, restrictions, and
requirements for subsequent discretionary actions shall
not prevent development of the land for the uses and to
the density or intensity of development set forth in the
agreement.. .."
(iv) California Government Code Section 65915 provides that city
may, by agreement with a developer, grant a density bonus over that allowed by
the maximum density establlshed in the Dayeloquent Code and Land Use Element of
the General Plan when a developer agrees to construct housing for low income
senior households.
(v) Attached to this Ordinance, marked as Exhibit "1", and
incorporated herein by this reference, is a proposed Developant Agreement
concerning that property located generally south of Base Line Road and west of
Archibald Avenue, in the City of Rancho Cucamonga, and as legally described in
the attached Development Agreement. Hereinafter in this Ordinance, that
agreement attached hereto as Exhibit "1" is referred to as "the Development
Agreement."
(vl) Concurrent with the adoption of this Ordinance, the City Council
has adopted ordinances Mending both the General Plan classification for the
subject property from Lov-Medium Resldential District to a High Residential
District with a Senior Housing Overlay. The proposed developer of the property
and the City desire to provide through the attached Development Agreement
specific develo~uent options and controls on the site which will provide for
maximum efficient utilization of the site in accordance with sound plannlng
principles, all in accordance with the above-referenced provisions of lay, and
to meet a public need for senior citizen housing for persons of lov income
levels.
(vii) On April 13. 1988, the Planning Commission of the City of
Rancho Cucamonga held a duly noticed public hearing concerning the proposed
Develo~nent Agreement and concluded said hearing on that date.
(viii) This Council has heretofore conducted a duZy noticed public
hearing concerning the potentlal adoption of the Develorsuent Agreement and said
public hearing was concluded prior to the adoption of this Ordinance.
(ix) All legal prerequisites prior to the adoption of this Ordinance
h~ve occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby ordained by the City Council of the City
of Rancho Cucamonga as follows:
1. In all respects as set forth in Recitals, Part A, of this
Ordinance.
Ordinance No. 356
Page 3
2. The City Council of the City of Rancho Cucamonga hereby finds and
concurs with that Negative Declaration adopted with respect to the project and
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.
3. This Council speciflcally finds that:
(a) The location, design, and proposed uses set forth in the
Development Agreement are compatlble with the character of existing develo[nent
in the vicinity;
(b) The Develo~nent Agreement will
environment of stable and desirable character, and
traffic congestion on surrounding or access streets;
produce internally an
not tend to cause any
(c) The proposed development will be well integrated into its
settingl and
(d) The Develo[ment 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 Develolment Agreement.
5. It is further found that the increase in unit density to 35.05
dwelling units per acre is in the best interests of the public health, safety,
and welfare since the project as contemplated will be occupied by senior
households and a substantial number of units will be reserved for lower income
senior households in conformance with the provisions of California Government
Code Section 65915.
6. This City Council approves and adopts the Develo~nent Agreement
attached hereto as Exhibit "1".
7. If for any reason the above-referenced ordinances amending the
General Plan and Develo~nent District designations on the subject property do
not become effective, this Ordinance and the attached Development Agreement
shall be deemed null and void.
8. This Council hereby authorizes and directs the Mayor and the City
Clerk to execute the Develo~nent Agreement on behalf of the City of Rancho
Cucamonga forthwith upon adopting this Ordinance.
9. 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, end circulated in the City of Rancho Cucamonga,
California.
Ordinance No. 356
Page 4
PASSED, APPROVED, and ADOPTED this 15th day of June, 1988.
Brown, Buquet, Stout, King
AYES:
NOES: Wright
ABSENT: None
Mayor
ATTEST:
I, BEVERLY A. AUT~ELET, CITY CLERK of the C~ty 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 Cucsmonga
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. 356
Page 5
EXHIBIT "1"
DEVELOPMENT AGREEMENT NO. 87-02
SENIOR CITIZEN' S HOUSING
THIS AGREEMENT is entered into as of the "Effective Date" set forth
herein by and between PETER N. NOURSE, dba NOURSE DEVELOPMENT CO., a sole
proprietorship ("Developer") and the CITY OF RANCliO (7JCAMDM~A, a municipal
corporation organized and existing under the laws of the State of California
("City").
WITNESSETH:
A. Recitals.
(i) California Government Code Sections 65864 et seq. authorizes
cities to enter into binding development agreements with persons having legal
or equitable interests in real property for the development of such property.
(ii) California Government Code Section 65915 provides that a city
may, by agreement with a developer, ~. ant a density bonus over that allowed by
the maximum density established in the development code and land use element of
the general plan when a developer agrees to construct housing for low income
senior households.
(iil) Developer has requested City to consider the approval of a
development agreement, with a density bonus, pertaining 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 herein by this reference
and hereinafter is referred to as "the Site".
(iv) The Site is now zoned High Resldentlal with a Senior Housing
Overlay District pursuant to the provisions of City's Development Code, as
amended to date hereof. Developer and City desire to provide through this
Development Agreement more specific development controls on the Site which will
provide for maximum efficient utilization of the Site in accordance with sound
planning principles.
(v) The Developer proposes to construct a senior housing residential
project, including low income units, within the City. Said project
contemplated by Developer will'require an increase in the maximum density as
currently provided in the Senior Housing Overlay District.
(vi) It is the desire of City to encourage developments designed to
provide affordable rents/ units for senior residents of the City. In
furtherance of that desire, the City is hereby willing to grant a density bonus
to Daveloper as provided by the terms of this Agreement.
(vii) On June 15, 1988, City adopted its Ordinance No. 356, thereby
approving this Development Agreement with Developer and said action was
effective on July 15, 1988.
Ordinance No. 356
Page 6
B. Agreement
NOW. 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.
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"Project" is the developdent epproved by City comprised of one
hundred seventy (170) apartment units, recreational and common
area facilities, one hundred seventy (170) parking spaces and
other emenlties on the Site, all as set forth more fully in the
site plan for Development Review 87-33 submitted by Developer and
approved by City, a copy of which is attached hereto, marked as
Exhibit "Bee and is incorporated herein by this reference. The
site plan attached as Exhibit "B" includes various conditions of
approval which are not changed, altered or modified by this
Development Agreement unless specifically set forth herein. The
proj act al so include s the records of the appl ications by
Developer, the proceedings before the FlannlnS Commission and
City Council of City on file with the City and all such records
and files in these matters are incorporated herein by this
reference as though set forth in full.
"Qualifled Project Period" means the first day on which the
residential units in the developdent are first available for
occupancy by Qualified Tenants and continuing for twenty (20)
years.
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"Qualified Tenants" shall mean persons or households who are at
least fifty-five (55) years or older and are senior citizens as
defined in Section 51.3 of the California Civil Code as said
sections are written as of the effective date of this Agreement.
"Low Income Qualified Tenants" shall mean Quaillied Tenants who
also possess an income equal to or less than eighty percent (80%)
of the current County of San Bernardlno median income as
determined by the Federal Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing
Act of 1937. In the event such federal determinations of area
median income are discontinued. other means to determine the
median income. as determined by the City. shall be establlshed
for the County of San Bernardino. at eighty percent (80%) of the
area median income. adjusted for family size and revised
annua 1 ly.
"Affordable Rents" shall mean those rents charged to Los Income
Qualified Tenants, which rent shall be on an annualized basis
equal to or less than thirty percent (30~) of the eighty percent
(8Or) of the current median income as established for such
Qualified Tenants. For purposes of this definition. rents
Ordinance No. 356
Page 7
charged for all one (1) bedroom units shall be subject to
computation based on eighty percent (80%) of the median income
for a two (2) person household. Rents charged for all two (2)
bedroom units shall be subject to computation based upon eighty
percent (80%) of the median income for all households for four
(4) or more persons.
'~ffective Date" shall mean the 31st calendar day following
adoption of the ordinance approvlng this Agreement by City's City
Council.
2. Recitals. The recltals 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
entered into an escrow or an agreement by which it is to acquire full legal
title to the real property of the Site and that it has full legal right to
enter into this Agreement.
4. Binding Effect of Agreement· The Developer hereby subjects the develo~nent
and the land described in Exhibit "A" hereto to the covenants, reservations and
restrictions as set forth in this Agreement. The City and the Developer hereby
declare their specific 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 Developer's successors and assigns in title or
interest to the Development. Each and every contract, deed or other instrument
herelnafter executed, covering or conveying the development 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
development 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 Qualified Tenants, the intended beneficiaries of
such covenants, reservations and restrictions, and by furthering the public
purposes for which this Agreement is adopted· Further, the parties hereto
agree that such covenants, reservations and restrictions benefit all other real
property located in the City of Rancho Cucamonga.
5. Relationship of Parties. It is understood that the contractual relation-
ship between City and 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.
Ordinance No. 356
Page 8
6. Term of Agreement. The term of the Agreement shall commence on the
effective date and shall expire twenty (20) years after the commencement of the
Qualified Project Period, so long as Developer remains in material compllance
with this Agreement, as from time to time amended. Upon the conclusion of the
Qualifled Project Period, and the expiration of this Agreement as provided
her,in, the Project shall be made to conform with all then applicable
Development Code provisions. This Agreement shall be deemed to be terminated
automatically if Developer does not obtain a Certificate of Occupancy for the
entirety of the Project within three (3) years of the effective date.
7. Restrictions on Rental Units. All tenants, occupants, and residents of
apartment units in the Project shall be Quailfled Tenants. Said apartment
units shell not be rented, occupied, leased or subleased to occupants who are
not Qualified Tenants except as provided as follows:
A person or person who is not a Qualified Tenant, and is at least
forty-five (45) years of age, may occupy an apartment unit if he
or she occupies an apartment unit with a present occupant who is
a Qualified Tenant and who provides primary physical or economic
support to such Qualified Tenant;
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A person at least forty-five (45) years of age who is the spouse
of a Qualified Tenant may occupy a unit with such Qualified
Tenant; and
A person or persons under fifty-five (55) years of age may occupy
apartment units as temporary tenants for a period of time not to
exceed three (3) months during any calendar year.
8. Low Income Rental Requirements. During the Qualified Project Period fifty
percent (50%) of the units in the Project shall be rented, leased or held
available for Low Income Quailfled Tenants at affordable rents, as defined
her,in. Additlonally, at least sixty (60) days prior to any increase in rental
rates, as computed by the terms of this Agreement, the Developer shall provide
written notice of such increase to the City and all affected tenants.
9. Maintenance of Apartments as Rentals. During the term hereof, all
apartment units in the Project shall remain rents/units. No apartment unit in
the Project shs/1 be eligible for conversion from rental units to condominiums,
townhouses or any other common interest subdivision without consent of the City
Council.
10. On-site Manager. A full-time manager shall be provided on the Project
site.
11. Tenant Committee. Residents shall have the right to establish a committee
composed of tenants for the purpose of organizing social activities and
providing comments and suggestions to the Developer regarding the operation and
facilities of the Project. Nothing in this section shell be deemed to restrict
the rights of individuals to organize activities and provide comments to the
Developer.
Ordinance No. 356
Page 9
12. Submission of Materials and Annual Review. Prior to occupancy, Developer
shall submit to City tenant selectlon procedures which shall detail the methods
which Developer shall use to advertise the availability of apartments in the
Project and screening mechanisms which Developer intends to use to limlt the
occupancy of the apartments to Qualifled Tenants and Low Income Qualified
Tenants.
On or before March 15 of each year following the commencement of the
Qualified Project Period, the Developer, or its representative, shall file a
certificate of continuing program compliance with the City. Each such report
shall contain such information as City may require including, but not limited
to, the following:
Rent schedules then in effect. includlng utility charges (if
any);
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A project occupancy profile, including age, resident profile and
number of automobiles owned by Project residents;
c. A description of all written complaints received from residents;
d. A certification that low income requirements have been met;
A list of substantial physlcal defects in the Project including a
description of repair or maintenance work undertaken during the
reporting year; and
A description of the physical condition and maintenance
procedures for the Project, including apartment units,
landscaping, walbays and recreational areas.
City shall be allowed to conduct physlcal inspections of the Project
as it shall deem necessary, provided that said inspections do not unreasonably
interfere with the normal operations of the Project and reasonable notice is
provided. The City shall further be ellowed to conduct an annual survey of
residents in the Project in order to assess senior needs.
13. Tenant Selection, Contracts and Rules and Regularlong. On receipt of an
application for low income occupancy, Developer shall determine the eligibility
of the occupancy under the terms of this Develollnent Agreement. Verification
of tenant eligibility shall include one or more of the following factors:
Obtain an income verification form from the Social Security
Administration and/or the California Department of Social
Services, if the applicant receives income from either or both
agencies;
b. Obtain an income tax return for the most recent tax year;
c. Conduct a TRW or similar financial search;
Ordinance No. 356
Page 10
d. Obtain an income verification from all current employers; and
If the applicant is unemployed and has no tax return, obtain
another form of independent verification.
Developer shall be entitled to rely on the information contained in
the application sworn to by the applicant. All agreements for rental of all
apartment unite in the Project shall be in writing.
The form of proposed rent or lease agreement shall be reviewed and
approved by City prior to the commencement of the Qualified Project Period.
Such agreement shall include all rules and regulations governing tenancy within
the Project. The rules and regulations shall include regulations which
specifically authorize the keeping of small pets within all apartment units.
14. Termination and Eviction of Tenants. A tenancy may be terminated without
the termination being deemed an eviction under the following circunstances:
a. The death of the sole tenant of the unit;
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By the tenant at the expiration of the term of occupancy or
otherwise upon thirty (30) days' written notice;
c. By abandor, nent of the premises by the tenant; or
d. By failure of a tenant to execute or renew a lease.
Any termination of a tenancy other than those listed above in this
paragraph 14 shall constitute an eviction. Developer shall only evict in
compliance with the provisions of California law and then only for material
noncompliance with the terms of the rental agreement.
15. Local Residency. Residency preference shall be given where possible to
applicants to the Project who have been residents of the City of Rancho
Cucamonga. However, that factor shall not be given priority over the other
elements of Qualified Tenant selection as stated her,in.
16. Hazard Insurance. Developer shall keep the Project and all improvements
thereon insured at all times against loss or damage by fire or other risk
covered by a standard extended coverage endorsement and such other risks,
perils or coverage as Developer may determine. During the term hereof, the
Project shall be insured to its full insurance replacement value.
17. Maintenance Guarantee. Developar shall comply with all City maintenance
standards enacted from time to time.
18. Standards and Restrictions Pertaining
Property. The following specific restriction
site pursuant to this Develollnent Agreement:
to Development of the Real
shall apply to the use of the
Ordinance No. 356
Page 11
Only residential uses of the real property shall be permitted in
the Project:
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The maximum density of resldential dwelling units in the Project
shall never be greater than 35.05 dwelling units per acre;
The maximum height for the highest proposed building in the
Project shall be fifty-five (55) feet;
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The maximum size for all the buildings and the proposed square
footage for each of the apartment types located in the Project
shall be as set forth in Exhibit "B" attached hereto; and
The provisions for reservation or
purposes are contained in the
Develollnent Review 87-33.
dedication of land for public
conditions for approval of
19. Development Incentives. The City will grant Developer the following
development incentives for develol~nent of the Project:
The maximum density per acre on the site shall be increased to
35.05 dwelling units per acre; and
The maximum number of required off-street parking spaces shall be
lowered to one (1) parking space per dwelling unit.
20. Project Design Amenities for Senior Citizens. The Project open space.
buildings and individual apartments shall be designed with physical amenities
catering to the needs and desires of the senior citizen residents. In addition
to those conditions set forth in Exhibit "B" hereto, the following physical
amenities shall be substantially included in the Project:
Elevator service shall be provided to all upper story apartments;
All units shall be designed for handicap access;
All units shall possess secured entryways off a common enclosed
hal lway;
d. Handrails shall be provided in all hallways;
e. Building space shall be devoted for tenant group meetings; and
Recreational amenities shall include, but not limited to, putting
greens and shuffleboard courts.
21. Indemnification. Developer agrees to and shall hold City and its elected
officials, 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, euployee or other
Ordinance No. 356
Page 12
person acting on his behalf which relate to 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 Developerrs activities in connection with the Project. This hold
harmless provision applles 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.
22. 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 Callfornia Government Code Sections 65868 et esq.
23. 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) at the address of the Pro~ect, and by registered or certified mall
addressed to the address stated in this Agreement, and if such violation is not
corrected to the reasonable satisfaction of City within thirty (30) days after
such notice is given, or if not corrected within such reasonable time as may be
required to cure the breach or default if 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 Agreenent and, upon any such declaration of
default, City may bring any action necessary to specifically enforce the
obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive rellef against
any violation by Developer of any provision of this Agreement, or apply for
such other relief as may be appropriate.
24. 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;
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If a finding and determination is made by a city following an
annual review pursuant to paragraph 12 hereinabove, 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 23 hereinabove; or
A breach by Developer of any of the provisions or terms of this
Agreement, after notice and opportunity to cure as provided in
paragraph 23 hereinabove.
25. No Waiver of Remedies. City does not waive any claim of defect in
performance by Developer if on periodic review City does not enforce or
terminate this Agreement. Nonperformance by Developer shall not be excused
Ordinance No. 356
Page 13
because performance by Developer of the obligations herein contained would be
unprofitable, difflcult 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 or in City's regulations governing
development agreements 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 Development Agreement shall be deemed to be a
waiver of any other subsequent breach thereof or default hereunder.
26. Rights of Lenders Under this Agreement. Should Developer place or cause
to be placed any encumbrance or llen on the Project, or any part thereof, the
beneficiary ("Lender") of said encumbrance or lien, including, but not limited
to, mortgages, shall have the right at any time during the term of this
Agreement and the existence of said encumbrance or lien to:
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 itself;
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Realize on the security afforded by the encumbrance or llen 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 (hereinafter referred to as
"the 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
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Acquire and succeed to the interest of Developer by virtue 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 trust deed.
27. Notice to Lender. City shall give written notice of any default or breach
under this Agreement by property owner to Lender 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
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
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
Ordinance No. 356
Page 14
sixty (60) days after said notice, provided that acts to cure the
breach or default are commenced within a sixty (60) day period
after service of said notice of default on Lender by City and are
thereafter diligently continued by Lender.
28. Action by Lender. Not~ilthstanding 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 contained in the instrument creating the
encumbrance or lien. The proceedings shall not, however, forestall any such
action by the City for the default or breach by Developer unless:
They are commenced within sixty (60) days after service on Lender
of the notice described hereinabove;
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They are, after having been commenced, diligently pursued in the
manner required by ls~ 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.
29. Rent Control. In consideration for the limitations herein provided, City
agrees that it shall not, during the term of this Agreement, take any action,
the effect of which will be to control, determine or affect the rents for those
low income rental units located in the Project.
30. 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 belo~ or at any other such address as
may be later specified by the parties hereto.
To Developer:
Nourse Developnent Co.
901 Dower Drive, Suite 110
Newport Beach, California 92663
Attention: Peter W. Nourse
To City:
City of Rancho Cucamonga
9320 Base Line, Suite C
P.O. Box 807
Rancho Cucamonga, California 91730
Attention: Lauren Wasgerman,
City Manager
Ordinance No. 356
Page 15
31. Attorneys' 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 its reasonable
attorneys' fees incurred during the proceeding as may be f~xed within the
discretion of the court.
32. Binding Effect. This Agreement shall
hereof shall inure to, the respective
representatives, executors, administrators,
the context requires or admits.
bind, and the benefits and burdens
parties hereto and their legal
successors and assigns, wherever
33. Applicable Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of California.
34. Partial Invalidity. If any provisions of this Agreement shall be deemed
to be invalid, illegal or unenforceable, the validity, legality or
enforceabillty of the remaining provisions hereof shall not in any way be
affected or impaired thereby.
35. Recordatlon.
recorded in the
Bernardlno.
This Agreement shall, at the expense of Developer, be
Official Records of the County Recorder of the County of San
IN WITNESS WHEREOF, this Agreement has been executed by the parties
and shall be effective on the effective date set forth hereinabove.
CITY OF RANGtO CUCAMDNGA
Dated: By
Dennis L. StoUt, Mayor
PETER W. NOURSE, dba
NOURSE DEVELOPMENT CO.,
a Sole Propriatorshlp
Dated:
By
Peter W. Nourse, Owner
Ordinance No. 356
Page 16
EXHIBIT "A"
The land referred to herein is situated in the State of California, County of
San Bernardlno, City of Rancho Cucamonga and is described as follows:
PARCEL NO. 1:
The west 164.24 feet of the east 497.24 feet of the north half of Lot 1,
Section 3, Township I south, Range 7 west, San Bernardlno Base and Meridian,
according to map of Cucamonga Lands, as per map thereof recorded in Book 4,
Page 9, of Maps, in the Office of the County Recorder of said county.
EXCEPTING PORTION LYING WITHIN BASE LINE AVENUE.
The areas and
Center Line of
tract.
distances of the above-described property are computed to the
all adjoining streets and roads, as shown on the map of said
PARCEL NO. 2:
The north 1/2 of Lot I of Section 3, Township 1 south, Range 7 west, San
Bernardino Base and Meridian according to map of Cucamonga Lands, as per map
recorded in Book 4, Page 9 of Maps, in the Office of the County Recorder of
said county.
EXCEPTING THEREFROM THE EAST 497.24 FEET THEREOF.
Also excepting therefrom that portion lying within Base Line Avenue.
Areas and distances of said land are computed to the center of adjoining
streets as shown on the map of said tract.