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Home My WebLink AboutResolution 91-104 04/29/1991FZesolution No. 91-104 N.C.S. of the City of Petaluma, California 1 A RESOLUTION AUTHORIZING THE 2 CITY MANAGER TO ENTER INTO 3 AN AGREEMENT WITH CERTAIN 4 CORONA-ELY DEVELOPERS FOR 5 PAYMENT OF RIGHT OF `NAY 6 7 8 9 BE IT RESOL~IED, the City Council authorizes the City 10 Manager to execute the agreement attached Exhibit A with certain Corona- 11 Ely developers for payment solely from special assessment bond proceeds 12 of right of way used for the Sonoma Mountain Parkway improvements. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) {Adjourned) {~~) meeting fO~ on the .....~~xlJl.-•---..... day of ............~.pl'.lj ...................................... 19..9., by the ......_. following vote: City Attorney AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss NOES: ~ ABSENT: ~ ATTEST : ......C~~.'.'~'. ~!(~L~ .. ............... ...... City Clerk Council File ..................°-°----......... CA 10-85 Res. No..9,1.-I,Q,~,,._...... N.C.S. - EXHIBIT A AGREEMENT FOR PAYMENT OF RIGHT OF WAY This Agreement .is ,entered on April ~, 1991, between the City of Petaluma, a municipal corporation ("City") and Cader Farms Investors, a California limited Partnership, ("Cader"), Cherry Lane Associates, Ltd.., a California- limited partnership ("Cherry Lane"), and Ely Partnership, a California limited partnership ('"Ely"). Cader, Cherry Lane, and Ely are referred to collectively as. the "Developers". R E C I T A L S: A. The Developers own or control the real property in the Corona/Ely Specific Plan Area as hown below and plan to develop that property within the immediate .future. The respective ownership is• Owner APN Ely 136-120-26 136-120-10 Cader 136-120-27 136-120-18 136-120-28 13.6-120-21 136-120-29 Cherry Lane 13.6-120-15 The parcels described above are referred. to ws "the properties." B'. Each of the developers has, or will shortly, submit for City's approval.. tentative maps. and final maps dividing their propertie's into lots, streets, and the like. C. :Each of the. .properties controlled by the Developers will haute running through it a portion of the~Sonoma Mountain 1 RIGHT OF' WAY ("7B) 04/25/91 '._i Parkway. `The portion of each of .the properties to be .shown on the Developers'~~final maps as part of the Sonoma Mountain Parkway are described in the eighteen page document attached hereto as Exhibit A (coSaectvely "the rights of way"). D. The City and Developers have created the Corona-Ely Assessment District No, 21 to ;issue special assessment bond's for the purpose of acquiring and developing the rights of way. However, one or more of the Developers are scheduled to record- final maps prior to the sale of the assessment district bonds on which the rights of way will be dedicated to the City of Petaluma. E. It has been, and remains, 'the intention of City to acquire the rights of way for. public use by negotiated purchase using funds .from bond proceeds through Corona-Ely Assessment District, No. 21 and not to acquire, the rights of way by dedication or exaction. NOW, THEREFORE, the parties agree as follows: 1. Acctui;siton by Negotiated Purchase. City and Developers agree that City shall, through Corona-Ely Assessment District No. 21, acquire fee simple title to the rights of way by negotiated purchase for consideration to be solely determined by appraisal by the firm of Crocker Hornsby, Santa Rosa, California. City has, by prior action, employed the firm. of Crockex Hornsby to prepare an~appr.asal and has. employed Geoff Hornsby to. act as City's right of way agent to negotiate with. Developers and others to acquire the rights of way. 2 RIGHT OF WAY (7B) 04/25/91 _~-... 2. No. Exaction. City further agr-ees that in processing, approving,, and recording the final maps for propert~ieS owned by Developers it does not intend to acquire ttle`to the rights of way through the process of exact-ion or dedication, but only through the negotiated purchase. de'scribed' in this Agreement, and. only if' and when funds are available from bond proceeds through Corona-Ely Assessment 'District No. 2<1. ~3. Title and: Payment.. The parties agree title to the rights of :way °sha1T pass to~City when final maps creating the rights of way are recorded over any of the properties owned or contr-oiled by Deve opers in the Corona/'Ely Specific Plan area. However, City agreesthat it will thereafter pay solely from bond proceeds of ,-Corona-Ely Assessment. D strict. No. 21 to any- . Developer whose final map is recorded the consideration for the right: of way determined in the manner described in paragraph 1 above, Time of` payment shall, be as prescribed by law for assessment district land purchasers.. In the event that specf is assessment bonds are~not issued ,the City .is"not obligated to pay from any other source, 'of funds for the r..ght of way transfer-red to the City through the final map .recordation. 4. Governing Law. This ,agreement shall be~_interpreted accor--ding to tYie laws of the State of California. 5: Succe'ssors'. This agreement shall bind and inure to the benefit of the parties .and .their respective heirs., executors; adm°iniStrators,. legal representatives, successors, and .assigns. 6. .,_ Severablity. This agreement is severable. Any. 3 RIGHT .OF .WAY (;7B;).,. 0 4 /'2`5'/ 91 _• unenforceable provision shall not affect any other provision, and the agreement shall be construed as if the. unenforceable provi ion had not been included. 7. Counterparts... This agreement may be executed. in any number of counterparts.. Each. counterpart shall be deemed an original. 8. No Partnership. Nothing in this agreement shall be deemed to create a partnership or jont'venture among the parties to it, and each .of' the parties asserts and represents that the development of its property is a separate and distinct enterprise not connected in any way with the development of property owned by any other party. 9. Attorneys :Fees. If any litigation or other proceeding is commenced among any of the parties to interpret. or enforce this ,agreement then the party prevailing. in such litigation shall be entitled, in addition to such, other relief as may be granted, to a re'asonab'le um as and for his attorneys' fees which may be determined by the court or in a separate action brought for that purpose. . 10:. Notices.. All notices under this agreement shall be in writing and shall be deemed' delivered when personally served on the addressee or when deposited in the United States mail, first class postage prepaid; registered or certified, return receipt requested,, :addressed to the partners as follows: Cherry Lane .Associates, Ltd. 1OOO,Burnett Avenue, #440 Concord, CA 94520 4 RIGHT OF WAY ( 7B.) 04/25:/91 Ely Partnership. c/o Benjamin,-T,uxhorn & Assoc. Post Office Box 4258 Santa Rosa, CA 95402 . Caller .c/o Ryder Homes of " Northern California City of Petaluma City Hall ' Post•and English Streets ~. Post Office Box'. 61 Petaluma, CA 94952 . Attns City Manager 11. Entire Agreement. This agreement is the only agreement "between the parties concerning the rights of way and supersedes any prior understandings,` written or-oral, among- the parties relati-rig to the subject matter in.t:. Executed at- , California on , 1991. CHERRY LANE .ASSOCIATES', LTD.. a California Limited Partnership BY: Delco Builders & Developers Inc., a California cor- portion, General~Partner CADER FARMS INVESTORS a California limited partnership BY; Ryder Homes of Northern California, a California corporation,, General Partner By Doyle D. .Heaton, President ELY_.PARTNERSHIP, a California Limited Partner-ship BYc B-T Land Development, Inc. a .California corporation General 'Partner By Melvin L. Tuxhorn, President By Paul~Starn, VYce President CITY OF PETALUMA `By City Manager. 5 RIGHT OE .WAY (7B') 04/'25/91