HomeMy WebLinkAboutResolution 9392 N.C.S. 03/15/1982~ . c - 5 . ' ~'. . .
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= . ~ : :.~' . ~ MAR 1 5 1982
9392~ '
, F~esolution No: - N. C. S, ~
°~ of the ;Ci ~ of Petalurna, California ~
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RES.QLUTION AUTHQRIZING THE.EXECUT.ION OF AN
AMENDED AGREEMENT EOR THE CONSTRUCT~ION OF
A SENIOR:CITIZEN FACILIT~Y: - LUCGHESI
WHEREAS; the City Couneil has rsceived a request`to amend the
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exeeuted agreement for tlie~construction of a Seriior Citizen Facility to
conform to the award of allotments for the Northstar.Subdi~ision and
finds that said changes should be adop€ed. ,
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. NOW, THEREF.ORE, BE IT RESOLVED that the C'ityCouncil.does hereby ~
authorize the City Manager to.enter into tYie attacYied amended agreement,
attached hereto as Exhibit A, for the constructiori of~.a Senior Citizen
Facility at Liicchesi ~Park.
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Under the power and °authority conferred upon. this° Council by the CharEer of. said City.
I hereby. certify the foregoing Resolution was 'mtroduced, and adopted by th'e ~"~
- Council of the City of' Petaluma at a(Regular • Agpr ~ie as to
' . ., on the 15th __..._. da of _Mdi"C{1 ~ ~~~'~~~~~~~~eeting f ~,/f
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following vote: ~ ~ - ~ ~`-'-'~.
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Gity Attorney
.AYES: P.~ERRY, BATTAGL"IA, VICE ~AYOR CAIIANAGH, MAYOR MATTET.
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NOES: NONE ' ' - •~
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' ~ ABSENT: _ y~~,&B'ERSON, BON' ` ,+ ,.
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- City Gler~'' "'"' ~ ' . , Ma or
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FORM CA 2 _iL80' •. ; {. : :.. jRes No- . ti . - ' ' ,. . ' ' '
AMENDED AGREEMENT FOR ~THE CO,NSTRUCTION'~ ...
OF A SENIOR CIT~IZEN EA'GILITY ~
This Agrement, made and entered into this day of
,' 198`2, between McBail Company, a Cali~ornia
general partnership,~hereinafter referred to as `'McBail''. and .
and the City of Petaluma, a municipal eorporation, hereinafter
referred to as "Cit.y".
WHEREAS, MeBaiT is. the_develo.per of the propased Nor.thstar
residential subdivision to consist of~ up to 284 residential
units; and
WHEREAS, McBail has previously received an allotment of
65 residential.unit:s for.its development is tlie fiscal year 1981,'
pursuant to Chapter 17;26 of the Petaluma Munieipal Code; and ~
WHEREA5, McBail has offered to co.nstruct and deed to the
City, or it:s designee; nine~resideritial dwellings; for the exclu-
sive use as residences for low and/br moder,ate income senior
citizens, b.a,sed upon the rate of thr.ee'such units per 90 housing
unit,s ap:proved by Git;y pursuant to McBail's proposed development;
and
WHEREAS, City is inte~rested in the co,nstruction of a 4200
square~foot Senior Citizen Eacility to be:located in Lucchesi
Park, in.Tieu of three of said Tow and moderate income units; and
WHEREAS, McBail is willing to construet said facility at a
cost not to exceed $`210,000.00 and upon certain terms and conditions
which are set forth herein; and.
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WHEREAS, City has determined that there will be a significant
public benefit to the community by the construetion of such a.publie
improvement,
NOW, THEREFORE, it is agreed as follows: ,
1. Upon approval by City of~rezoning of McBail's Northstar
Development property to a-planned unit development, McBail will
apply for reservations for future allotments.for the year 1982 in
an amount of 96 reserVations and for the year 1983 in an amount
of :.90 reservations. Accordingly, it is anticipated that McBail
will obtain a total of 284 project units in the following fashion:
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1981 - 62 units allotted
1982 - 96 units reserved
1983 - 90 units reserved
1984 - 36 units reserved
2. City agrees to diligently process the applications for ~.11
phases of the Northstar Development in a timely manner, consistent.
with McBail's proposed building program.
3. City has preuiously determined by Resolution No. 9248
N.C.S., that the proposed Senior.Citizen Facility to be located.
in Lucchesi Park is an extraordin~ry public improvement, the cost
of which would make it impractical to plan and construet the North-
~star Development Project without assuranee that the entire develop-
ment plan can be ultimately constructed, all in accordance with
§17.26.040 E of the Petaluma Municipal Code,
4. In consideration of the foregoin~,. McBail a~rees to do the
following:
A. Construct
to the City, a 4200 s~qii'~
Building, in a location
and cause to be constructed, at rio expense
~.re foot.Seriior Citizen Public Facility
in Lucchesi Park to be designated by City.
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R~S4.: 9392;
Said building to be eonstructed to City Standards and specifications.
and shall be completed prior to October 1, 1981 if possible. McB.ail
agrees to utilize its best efforts and exercise its good faith to
see to it that the costs of said structure do not exceed ~he,sum of
$210,000.00. However, the parties recognize.that if the costs of
said improvements and structure does exceed the sum of $210,000.00,
then McBail shall only be required to complete five of the six re-
maining senior citizen rental units. .
B. Also construct and dedicate to City, or its designees,
upon completion, six family housing.units, built and designed for the
exclusive purpose of ren~tal to low and moderate income senior citizens.
Three of these units shall be completed at the time of or before the
completion of the first 180 units and the remaining three units shall
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be completed no later than the completion date of the last allotted
unit . .•
C. The Senior Citizen Facility is to be constructed at an
equivalent rate of
if the cost of tlie
housing unit shall
$60-$9,000.00, two
dedicated. McBail
contstruction cost
Citizen Facility.
$60~,000.00 per individual housing unit. Accordingly,
facility i.s between $90-149,000.00, an additional
be constructed, and if the cost is between
additional such units sha11 be~constructed and
~will provide a detailed accounting to City of
s incurr.ed for the construction of said Senior
D. Prior to construction of the Facility, McBail shall
execute a standard City Public Improvement Agreement therefor, and
shall comply with surety and insurance requirements as set forth in
the agreement. ~
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~ESQ 9392
E. McBail shall, during the course of construction o~ :
said facility, employ a qualified project Superintendent, whp..shall
supervise and direct the constructiori thereof in accordance with
accepted construction standards. ~
F. The interior of the Senior ~itizen Facility shall be
completed to previously established City standards.
G. McBail shall executed any documents necessary to
transfer title to the Facility and to the dedicated housing units,
and the is.suance of a Certificate of Occupany shall terminate
McBail's responsibilities to engage in further construction with
regard to the structure for which the Certificate is issued.
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S. It is understood by the parties that the costs to be !
included for the cons,truction of the Senior Citizen Facility are ~
to broadly include the following: ~ ,
A. Site costs;.
B. Building Costs; -
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C. Consultant fees;
D . Bond s ;
E. Project administration costs;_
F. Soft costs, including interest loan fees, etc.
6. City shall pay any necessary fees to obtain a building._
permit.
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7. City shall provide al~ necessary utilities to the curb w.
line of the project.
CITY OF PE'TALUMA, a municipal
California cprporation
BY:
JOHN L. SCHARER, CITY MAi~TAGER
MCBAIL COMPANY; a California
corporation
BY: . ;
Name
TITLE:- ' ~
Attest:
Pat Bernar , City C es
Appro~red as to form:
Sco`t:t R: Keene, Assistant
City Attorney
Approved:
Finance . D-irector Au i~t'or
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