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Home My WebLink AboutPCDC Resolution 90-04 11/19/1990 PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 90-4 IZESOLIJT'ION AUTHORIZING EXEC~JTIVE DIRECTOR TO EXECUTE REIMBURSEMENT AGREEMENTS FOR PROPERTY OWNERS WITHIN THE NORTH MCDOWELL ASSESSMENT DISTRICT 17 BE IT RESOLVED that the Executive Director is hereby authorized to execute reimbursement agreements attached as Exhibits A, B, and C with certain property owners for North McDowell Assessment District 17 Assessments. BE IT FURTHER RESOLVED that the fund source for the agreements with Mr. Joseph Lorenz and VAL-CAGO, Inc. shall be from the Low and Moderate Income ~ Housing Fund and is necessary to maintain the supply of low and moderate income ,- housing in the City of Petaluma. NOW THEREFORE, BE IT FURTHER RESOLVED,. that the fund source for the agreement with Clinton Gow and Patricia M. Gow shall be the redevelopment. fund of the Community Development Project Area and is necessary to provide public improvements. ADOPTED this ~_ day of November, 1990, by the following vote: Commissioner Ave No Absent Balshaw (~ O ( ) Sobel ~ (x) O ( ) DdV1S (~ l) ( ) Woolsey (x) () ( ) Tencer (x) () ( ) Vice Chair Cavanagh (~ () ( ) Chairman Hilligoss (x) () () U`Y.~ Chair an M. Patricia Hilligo ATTEST: Re rding Secretary, Patricia and • ~ o 1 B REIMBURSFME.NT AGREEM-ENT FOR NO. MCDOWELL BLVD. IIVIPR'OVEMENT DISTRICT #'17. ANNUAL AS'S~FSSMENTS THIS RET'MBURSEMENT AGREEMENT is made and entered .into as of , 199U, by and between PETALUMA CO1ViM LAITY DE'VELOPIVIENT OMMISS'ION, a California Political Subdivision (PCDC), and VAL-CAGO, Inc. (Owner). RECITA-L~ A. The City, of Petaluma {City) has instituted assessment proceedings for the formation of No.McDowell Blvd. Assess'meni District No. 17 (the "Assessment District") tofinance construction roadway improvements. B. Owner is the owner of that certain real property described in that document. dated being Assessment Assessors Parcel No. 48-111-12 (the "Property",),which Property is subject to the"lien of Assessment District and located within the City. C. The property within the district is ce idential and contr,ihutes to the low and moderate income housing liven ory of the City.. Due to the method of allocation of the assessment benefi to the property, the annual assessment payment would jeopardize the continuation of the property use as residential without placing an undue burden on the current residential users. t~ ~D. The PCDC is required pursuant to Healtfi and"Safety Code 33334„2 to set aside 2U% of the annual tax increment revenue received from the 19'8$ Petaluma Community Development Project Area for the maintenance and development of low and moderate income housing opportunities within the City. E. The PCDC desires to reimburse: the owner for annual assessment payments as Tong as the property remains a mobile home park. AGREEMENT 1. As long as the Property is used sole y for a mobile home park, the Petaluma Community Development Commission shall reimburse the owner in an amount equal to the annual assessrnen levied by City against the Property in said Assessment District :in two. equal semi-annual payments. Such semi-annual reimbursements shall be.made at or prior to the first and second property tax installrnen payment delinquent dates as set by the Sonoma County Tax Collector. 2. The reimbursement made by PCDC pursuant to paragraph 1 above shall terminate upon a determination by,Ci.ty's Coii~-munity Development and Planning Director that fhe Property is no longer used i solely for residential mobile home ppark: Such determination shall be made by written notice given to the City Fin,ance.Director and to Owner 3U days prior to an installment payment delinquent date.: 3: General Provisions. . (a) Nothing in this Agreement shall be construed as a waiver of city's police power. (b) Nothing in this Agreement shall be construed as an obligation or pledge of City' general funds. 4. This Agreement touches and concerns the Property herein and shall be binding upon and inure to the benefit of the parties herein as owners of the Property; and their respective successors .and assigns. 5. A copy of this. Agreement shall be recorded in the Recorder's office, County of Sonoma. 6. All notices; determinations, protests. or other communications required or.pro~ided for under this Agreement shall be in writing. and shall be. deemed given upon personal delivery or; in the case of mailing, one day following deposit ~n the United-States Mail, first class; postage prepaid, addressed to the parties as follows: CITY: Petaluma Community Development Commission 1.1 En dish Street P.O. ``1~ox 61 Pe alums, CA 94953 , Attn: Executive Director OWNER: To the ad'diess shown on the most recent Assessor's rolls `l r~ IN WITNESS WHEREOF, the parties have entered into .this Agreement as of the date first above wriften. PCDG: PETALUMA CO'M'MUNITY D EV E'LOP M ENT COMMISSION Approved as to Form: Legal Counsel Approved Finance Director Attest Secretary 1 .~ .;~ N ~~ 1~ p, -~ BYE- Title: OWNER: ~B Y ~t.ea.c cQ.Q.c By: '~~ ~..~ 1~~ ~~ ~~ ,. ., . , .... ~_ ~. ~....v~ ' REIIVIB,U,RSEIVIENTAGREEMENT FOR NO..M~CDOW=ELL BLVD. 11VIPR0'VEMENT DISTRKT #17 ANNUAL A SP- S'1VI NTS THIS REIMBURSEM~ENT'AGREEMENT is made and entered irito. as of , 1990, byy a'nd .between PETALLJMA COM I `" OMMISSIO'N, a Califo,rnia.l?ol"itical Subdivision (PCDC), and Joseph Lorenz, an unmarried man (Owner). A. The City of Petaluma (City) has instituted assessment pproceedings for the,formation of No. McDowell Blvd. Assessment District No. 17 (the "Assessment D:is;trict") to finance construction roadway improvements. B. Owner is the owner of that certain real property being Assessment As essors Parcel No. 48=O~U-U1 (the "Property"),which Property is subject to the lien of Assessment District and located within the 'City. C. The property within the district has a primary residential use and contributes to the low and moderate income housing inventory of the City. Due to the method of allocation of the.assessment benefit to-the property, th"e annual assessment payment would jeopardize the continuation of fhe.property.use~as residen'tialwithout placing an undue burden on the current~residenti"al users. -D. The PCDC is required pursuant to Health and Safety Code 33334.2 to set aside 2U% of the annual tax increment revenue received from the 19SS Petaluma Communi y Development.l'roject Area for the maintenance and development of low and moderate income housing opportunities within "the City. E. T:he PCDC desires to reimburse the owner for annual assessment paymegts as long as the portion of the property remains residential, provides fio:usng for low and moderate income persons and families, and no development approval is granted. F. Approximately 33.:3'% of the property. currently is used for commercial purposes and a corresponding porti",on of the arinual assessment could be paid without-jeopardizing the con}tinuation of the remaining pr'ope.rty's residential use. • f. • r' AGREEMENT 1: As longg as 66.fi% of the Property is used for residential purp'o'ses; and no development approval has been granted; the Petaluma. Community Development Commission.shaIl reiriiburse tfie owner in an amount equal to 6.6.6°lo-of the annual assessment evied by.City against the .Propperty :ri said Assessment Di trict i'n two equal semi-annual payrrien s. Such semi-annual reimbursements sh:a11 be made at: or prior to the first and. second property tax installment payment delinquent dates as set by the Sonoma County Tax Collector. .. 2. The reimbu.r.sement made by PCDC pursuant to paragraph above shall terminate upon a determination by City's Community Development and Planning Director that the Property has received approval for Beveloppment. Such determination shall b:e made by written notrce given to the. City Finance Director and to Owner 3U days prior to an instal'tmen payment delinquent date. 3. ~ene'ra.l Provisions. (a.) Nothing in this Agreement shall be construed as a waiver of city's police power. ~ . (b) Nothing;in this Agreeme .,t shall be construed as an obligation or pledge of Cray's general funds. 4. This Agreement touche and concerns he Property herein and steall be bind''ing upon and inure to the benefit of t'he parties herein as owners of the Property, and their respective successors and assigns. 5. A'copy of this Agreement shall be recorded in the Recorder's:off:ice, County of Sonoma. 6. All notice ,determinations, proaest"s or other communications required or prov'id:ed fo:r under this Agreeme-nt,shall be in wri-ting and shall. be deemed given upan person'al' delivery or, i`n tfie case of mailing, one day following depoa`it in the United' States Mail, first class, postage prepaid, addressed to the parties as"fol-lows: CITY: Petaluma Community Development Commission 11 English Street P.O;. Box 6:1 Petaluma, CQ 94953 Attn: Executive Director OWNER: To tfie address sfiown on the:most recent Assessor's rolls ."~-...,.....,...~.:,..~.~-~-.~..-.,.r..e.:~~.a.. y-xv.:=...Y .,..._.wnxuxa.~.v+nauu+vrstts~xrs:z~b~a~:szaru3a^;b s'xuk~r~.lid2'tdi4§X%i3,""" ~.~:a:•ee:~$'f '~sG'+'i `~ffiS a.'s'»7:'~,.~"`%~,~'t~~t3ad"'~*:~s '~i .air' • //% . ... ~' • IN WITNESS WH.E:REUF, the pati'es have entered into'th`is Agreement as of the date first above written. PCD.C: . . • PET.ALUMA COMMUNITY DEVELOPMENT COM M,1~SSION sy Title: - Approved as to Form: Legal Counsel OWNER:. B ~ ._,f~ y: ~C By: Approved Finance Director Attest Secretary ~'xh~b~+C_ R-EIMBURSEMENT AGREEMENT FOR NO. MC'pOV1W'ELL~BLVD. I1VlPROVEMENT D~[STRICT #~17- ANNUAL:ASSESSMENTS THIS REIMBURSEMENT'AGREEMENT is made and entered into as of 1990, by and between PETALUMA C:O UNI"h D ~': U EN COMMCSSION, a California Political Subdivision (PCDC},.and Clinton M. Gow and Patricia M. Gow, .Husband and Wife (OWNER). RECITALS A. The City of Petaluma (City) has instituted assessment proceedings for the formation of No. McDowell -Blvd. Assessment District No. 17 (the "Ass,essment D,is;tric;t"') tofin`ance construction roadway improvements. B. OWNER is .the owner of,that.¢ertain real property being Assessment Assessors Parcel No. 137:-Ob0-2'3 (fhe''Pr.operty"),which Property issubject ao the li:e'n of Assessment District and located within the City. C. The property is currently used for commercial purposes: which are not the highest and best use of the property. Due to the irregular shape of the parcel and fron~t.age along. No. 1VLcDowel'I Blvd., a substantial acquisition of right of way and easements are needed from the property. The annual assessment payment for the righr~tof way acquisition would impose a significant financial 6"urden on thee- property. D. `In order to provide for the timely construction of needed public improvement for the benefit of the entire eom_munity and not- rmpose an economic burden on the OWNER, the PC'DC desires to reimburse the ..OWNER for the portion of ahe annual assessment payment relating to right of way acquisition as~long as there is no development approval fgr sub tantial development of-the property. AGREEMENT 1,. As aon'g as the property has no development approval for substantial development, the PCDC shall re;irnliurse~the OWNER 32.9% of the annual assess~me~na payments levied by th'e City against the property in said assessment d'i trict in two.equal semi-annual payments. This reimbursement represents the portion of~ the annual assessment relating to the acqui ifion of right of~way. Such semi-annual reimbursement shall be made at or prior to the first and second property tax installment payment delinquent dates as estabaished by the Sonoma County Tax Collector. J .. .. ~+ , J. Ii 2. If the OWNER obtains development approval for t.he' ~; ~~ prop:er,ty, .the reim'b,ursement made by PCDC shall terminate. Such-- r' determination shall he made by written nonce given to the City Finance Dire.ctor~and t'o the owner 30 days prrorto an installment payment delinyuent date.. " ' 3. Development approval, fo:r the purposes,of only this .agreement, is defined as ohtaini`n site plan and architectural review (SPARC°) approval for s'ubstan ial development,which would add structures, increase ex~st~ng struc u.re syu:are footage, or otherwise improve the property to acco,modate a more intensive or different use than is currently operating on the property. 4. General Provisions. (a) Nothi' gin this Agreement shall' be cons.true,d as a waiver of City's police power or the PCDC~autho;ri,ty under Health and Safety Code Section 33000. . (b.) Nothing in thus:Agreement shalt he construed as an ohligation or pledge of City's generalfunds. 5: This Agreement touches and con'cerris°the Property herein and shall b.e bi:ndi"ng upon and inure to t'he be'n,eft of the parties herein as owners of the Property, and the:ir res;peetive succ:essor.s and assigns. fi. A copy of this Agreement shall be recorded in the Reco;rde.r's office, County of Sonoma. 7. All notices, ,determinations; protests brother communications required or pro~icJ.ed for under this Agreement shall be in writing. and shall be de:eme;d given upon personal delivery or, in the. case of mailing, bne dray following depa,Sit in the United' State Mail, first class, postage prepaid, addressed to the pa"roes as follows.: PCDC: Petalu'rria Community Development Commission 11 Eng .ish Street P. O;. B`ox G 1 Petaluma, CA 94953 Attn: Execu ive Director OWNER: Cl'.inton and 'Patricia Gow 240 ICeohuk Sree:t Petaluma, CA 9495,2 _ _ .~~. .. -_M _ _.~. ,_. e', .. / ,r; ~ % ~ ~r f, J r. ~ ~ - ' .~ ~% IN V1/IT.N.ESS,W''HEREOF, the~pa.rtes have entered in o tfiis ': ' Agreement as of the date firsf above written. - - - ~' . ,~ PCDC: PETAL~U~M'A COMMUNITY ' DEVELOPMENT COMiVI[SSION . By; - Titiet Approved as to Form: Legal Counsel Approved Finance Director Attest Se:creta'ry - OWNER; n ? ~--'' By; _,~ ~ .ti~c~ :~