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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. be "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. de "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; be 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); be 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; be 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: be 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; de 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; be 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; be 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 de 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; be 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.