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HomeMy WebLinkAboutOrdinances 1898 07/20/1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~~~~~~ AUG~91992 j4 ORDINANCE NO. lggg N.C.S. Introduced by Councilmember Seconded by Councilmember Lynn Woolsey Vice Mayor Cavanagh AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENT N0.2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND SONOMA PARKWAY COMPANY FOR THE DEVELOPMENT KNOWN AS SONOMA GLEN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 28 Section 1. The City Council hereby finds that the provisions of the Amendment to the 29 Development Agreement between the City of Petaluma and Sonoma Parkway Company, a 30 copy of which is attached hereto as Exhibit 1 and incorporated herein by reference, is 31 consistent with the General Plan, Corona/Ely Specific Plan, and other applicable plans, 32 policies, ordinances, and regulations of the City of Petaluma. 33 34 Section 2. The City Council hereby approves the terms and conditions of said 35 Amendment. 36 37 Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and 38 directed to sign Amendment on behalf of the City of Petaluma. 39 Ord. 1898 NCS 1 ,~ 1 IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for 2 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 3 shall not affect the validity of the remaining portions of this ordinance. The City Council of 4 the City of Petaluma hereby declares that it would have passed and adopted this ordinance 5 and each and all provisions thereof irrespective of the fact that any one or more of said 6 provisions be declared unconstitutional. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 INTRODUCED and ordered Posted/Published this 6th day of July , 1992. ADOPTED this 20th day of July , 1992, by the following vote: AYES: Read, Davis, Nelson, Vice Mayor~~Cavanagh, Mayor Hilligoss NOES: None ABSENT: Woolsey, Sobel ABSTAIN: None ATTEST: ity er sogln / council8 Ord. 1898 NCS 2 . _ CITY OF' PETALUMA P,. O: BOX ,6. l i'ETALUiNA, C~1 94953 ~•, ~~ JAN 1 ~ 1993 _~ _ ~r QED COPY BY AND BETWEEN_'THE PVOT COMPARED ' ~ WITH ORIGiNA'L CITY OF PETALUMA AND:SONOMA PARKWAY G COUNlY `~, ~r' ~ a FOR. THE DE~LELOPMENT KNOWN AS S SONOMA-GLEN (FORMERLY SONOMA GATEWAY) ~~~. ~~~~~ - A.P..N. 13T-060-01 ~,~ ~` / ~c,O~~~F, s° Amendment N'o, 2 to Development Agreement is entered ~~~~"3 into this, ~ day of ,/_~.9~-~ by and between the City of Petaluma, ("City") a municipal corporation, and SONOMA.PARKWAY COMPANY ('!'Developer"). REC ITALS• A. On March 19, 1990. the City of Petaluma (1°Gity") and Sonoma-;Parkway Company ("Developer") .entered into a Development Agreement under the authority of Section 65864 through-65869.5 of~ the Government Code ("the Development Agreement°t) . ®0 ® ®~ 1 B 'On February 8, 1991, the:~real property described in the Development Agreement was annexed to the City satisfying condition 9.8(2) of the. Development Agreement. On January 16,. 1990,: City created° City of -Petaluma, Corona/Ely Special Assessment District No. 21 (the "Assessment District") in order to pay for and construct the irifras~tructure and other public ,improvements necessary to serve Developer's property; thereafter the Asses meet District sold bonds in the amount of $16,:120,000.0.0, on July 15, 1991, satisfying condition 9.8(3) of the Development Agreement. C~ All conditions, in paragraph 9.8 of the Development 1 .~ a 3~`~ AMENDMENT.2B (7D) 07/°7/92 ®~~.1 ~ 9 ~ N C S C ' Agreement have been satisfied and the Development Agreement ..became a°ffectve'.on;.July 15, 1991. D. City and Developer desire to amend the Development Agreement as provided below. NOW, THEREFORE.., the Development agr-Bement is amended as follows: I. Paragraph~5.1 of the Development Agreement is amended to read as .follows: 5.1 -Fees. A11 other development fees shall be -the amount determined from time to time by the City Council for application to the City as a whole. A schedule of the €ees in effect on the date of this Agreement is attaehed as Exhibit 4 .(brochure entitled 01Special Development Fees") to this Agreement, as amended from time to time. City may increase existing •, fees, including traffic mitigation fees, or impose fees in addition to those in Exhibit 4 (including traffic impact fees) as long as, but only if, those fees are normally required to be paid by developments on a citywide basis. II:Paragraph 5.3 is added to the pevelopment Agreement to read as 'follows: 5.3 Traffic Mitic,Laton Fees, ,Developer further agrees to pay to City traffic mitigation .fees for each dwel ng unit constructed on the property in the ~~ .amour t provided in Ordinance No. 1837NCS and a ~ ~ a3'l~1 AMENDMENT':2B (7D) 0~/o7/9a ®RI~. ~ 8 9~ N C S Resolution No. 91-45NCS or as amended or superseded by subsequent ordinances or resolutions. The time for paying .traff`ic mitigation frees shall ~be as set forth in this Agreement.. The foregoing notwithstanding, the ,Developer agrees that it shall. have-paid to City on or. before July 15, 1994, which is three years following sale of City of Petaluma, CoronaJEly Special Assessment District No. 21 bonds, its proportionate share of $1.5 million iri traffic -mitigation fees' ~ (-the "proportionate share.""). The sum of $1.5 mi lion is the amount the Developers named in the following schedule had agreed to advance to the. .City for traffic mitigation measures made; necessary= by those 'Developers' projects. Developer's proportionate share shall be determined by multiplying the percentage shown .for' Developer in the fol owing schedule times $1.5 million dollars. In•.additon, Developer shall pay interest on the amount. of its unpaid ,proportionate. share described above on or before January 15 ~,of each year after the date of this Agreement Interest shall accrue from July 15, `1991. The interest rate shall be 7.6389$ which is the net interest rate applicable to"the City of Petaluma, Corona/Ely Special Assessment District No. © 21 bonds. Interest shall be. calculated monthly on the declining unpaid balance of the Developer's ~pr.oportonate share. 3 ~ a~~ I AMENDMENT. 2B (7D) ~~a~. 1 ~ 9 ~ N ~ ~ U'7.%07/`92 D.e~eloper's proportionate share shall be reduced dollar-f•or=dollar for each dollar of traffic mitigation fees i~t pays to City out of the close of ~escr.ow for sales of individual dwellings or commercial construction as provided in Ordinance 1837NCS .and Resolution 91-45NCS as amended or superceded. If on July 15, 1994, Developer°s proportionate share of the $1.5 million remains unpaid, Developer shall thereafter pay at each close of escrow for sales . of individual dwellings or commercial construction on the propertyr an amount equal to one hundred fifty percent (150$) of.~the traffic mitigation fee otherwise ~due~ until De'veloper's proportionate share is paid in full. .Developer's ob igation to pay traffic mitigation fees shall not exceed 'the amount determined by multiplying the total number of dwelling units .actually constructed by Developer under this Development Agreement by the traffic .mitigation fee established by Ordinance 1837NCS and Resolution 91-45NCS as amended or superceded or Developer's proportionate share, whichever: is~greater. Schedule Sonoma, Parkway Company McBa1 Company Cherry°Lane Associates Cad'e~r ~ .Farms Investors Quaker .Hill Blackburn B-T Land 'Development, Inc. 37..26$ 26.30$ 12.47$ 4:7'5$ 9.81$ .9.41$ TOTAL AMENDMENT.'2B (7D:) ~~ 07/o~/9i 100.00$ 4 -~ ~3~ 1 III: ,Paragraph 5.4 is added to the Development Agreement.to , read as fo-l lows: 5.4 Proceeds from Bond. Sale. Subject to the requirements of state law and the enabling resolution adopted by' thee. City Council on January 16, .1990, the partes_agree the proceeds from sale of bonds by the City of Petaluma, Carona/'Ely Special Assessment District No., 21 {the t0assessment d>istrict") shall be used for the €ollowing purposes in the following priority: a. To pay the costs of forming the assessment district, selling the bonds, interest, and' . o her costs of administration; b. To pay the cost .to construct the imp'r~ovements. deser.'bed iri the Official Statement. ad;o.pted by the assessment district, including reimbursement, of up front enginee""ring and formation costs paid by Developer; c. If funds remain, to ;pay to the extent possible the cost of mproying.(ncluding design, plan check, inspection, supervision, and other associated costs) Ely-,Road between Cor-ona Road and the boundary'of' ~, the. assessment district according to plans and . specifications approved by City; - d. Lf funds .remain, to pay to the City of Petaluma to.the extent possible traffic mitigation fees 5 ~ a ~~~ - .AMENDM;ENT . 2 B ( 7 D ) o~/0~/92. ~~~.18 98 N C S in an..,amount not. to exceed $1.5 million; e. If funds remain, to retire or to call bonds .,issued by the assessment district in the same proportion as the bonds. were spread. IV. The Participation Schedule attached to the Development Agreement as Exhibit 3 shal_1 be changed to read as follows: Exhibit 3 Participation Schedule. Name Assessment Number. Percentacte Sonoma Parkway Company 6A, 6B, 6C, 17 36.85~~ McBail Company 1, 2, 3, 4, ,5, 7 26.01$ Cherry Lane, Associates 8 . Cader Farms~Invest'orsPart of 9,. Quaker Hill Blackburn Part of 9, B-T Land Development, Inc. 13,.14, Other (not parties €o this Agreemen TOTAL 12.33$ 10, 11, 12, 15 4.70$ 10, 11, 12, 15 9.70$ 16B 9.31$ t) 1.11 100.00$ V. Because commencement of construction on Developer's Property has been delayed by circumstances beyond. the control of the parties, the parties agree to amend paragraph 1.-2 to 'read as follows: • 1.2 Term;. Life of Tentative Map anal SPARC Approvals. The term of this Development- Agreement shall;commence upon the effective date of the ordinance -approving this Development Agreement and shall continue until'March 19, 1999. The statutory life of tentative 6 AMENDMENT.2B (7D) 07/07/92 n ~~ l ~` ®~~.1898NCS maps filed on the property .affected by this Development Agr.e`ement may be shorter than the time necessary to implement those. tentative maps .fully. Accordingly, City and Developer agree pursuant to Government Code Section 66452.6(a) that tentative maps affecting property described herein shall be effective from the date the Petaluma City Council :approves them until March 19, 1999. The parties further agree that all approvals by the City of Petaluma .Site' Plan and Architectural Review Committee (10SPARC") for projects shown on approved tentative maps shall be effective for the life of the approved tentative map and any final map-.recorded for any part of the approved tentative map. VI. Because the City of Petaluma has approved Developer's request for additional allocations for the 1993 development year under .the City's growth management system (Resolution No. 92-96 N.C.S.) paragraph 3.2.7 .is added to read as follows: "3.2.7 Additional Allocations. By Resolution No. 92-96 N.C.S.,-City has awarded Developer 49 allocations for- resid`'ential development to increase potential density within the Sonoma. Glen -Urban High land use area. Thies allocation is in addition to the allotments described in section 3.2.5. The 49 allocations shall. be subject to the same rules and the same exemption as 7 3`~~ ~ - AMENDMENT... 2B ( 7 D ) 07/07/92, ®~~.1898NCS set out in paragraph 3.2,5 as amended." VII.. Paragraph 10 is added to the Development- Agreement to read.- as follows s 10. ElY-Road. Improvements. .The parties agree the reach of Ely Road between Corona Road and the boundary of the City of Petaluma,~~Corona/Ely Special Ass~eas"meet 'bistrict No. 21 ( "the Ely Road ' i"mprovement ") shall be constructed using proceeds from the sale of Assessment District"bonds according to the plans and specifications approved by City. Developer agrees to cooperate with the Developers identified in "Exhibit 3 to this Development Agreement to employ the services of: MacKay & Somps ~to prepare plans, ,specif`cations, estimates, and other documents .necessary to permit 'construction of the Ely Road improvements. ~Developer''s cooperation shall include :payment of .its fair share of the, cost of such services, as that f air share shall be determined by the Developers named. in Exhibit 3 of this Development Agreement. City agr-ees that the cost of designing and engineering the Ely Road improvements shall be eligible for reimbursement. The parties intend the entire cost of ,the. Ely Road improvements (including design, plan check., inspection, supervision, and other associated costs;) shall be -paid from proceeds from the sale of bonds of th'e Assessment District. 8 ~~~~ AMENDMENT.2B (7D) o~ j~o~/92 ~RD:1 ~ 9 ~ N C S If the bond proceeds are not sufficient to pay the estimated cost of the Ely Road improvements, Developer shall elect within 30 days after written notice of the insufficiency from the City of Petaluma's•Director of Finance either.a) to pay within, 45 days after its election the difference between. the estimated cost of the Ely Road improvements and the estimated amount of bond proceeds.avai,lable for that purpose, or b) to postpone its contribution until, it is required to construct all or such portion of the Ely Road .improvements by•the•terms of Developer's tentative map for development of property owned by Developer adjacent to or dependant upon the reach of Ely Road described above. City's Director of Finance and the City Engineer shall estimate the above amounts at the time the bid, referenced above is considered by the City. I:f Developer elects option- b), the Assessment • District shall hold and reserve the funds available to construct the ETy Road improvements until Developer has advised the City of Petaluma'sFinance Director in writing it is prepared to deposit with 'the Assessment District funds sufficient to permit the Assessment District to complete the Ely .Road improvements. Upon receipt of the funds from Developer, the City of Petaluma shall cause the Assessment District to commence the Ely Road improvements and pursue them to . ~(~,, 9 '\~ _1 /` d' `AMENDMENT.:2B (7D) o~/'0~/9~2 ~~0~..18 y8 N C ~ completion in the manner and following the procedures requir-ed by Taw. The parties shall make reasonable efforts to enable the Assessment District to commence the Ely Road improvements before December -31, 1992; however, failure to do so shall not affect any obligation or right described in the Development Agreement. If the funds reserved for the Ely Road improvements held by the Assessment District are not expended within a reasonab atime after the date of this Amendment, the remaining construction~mprovememt ,funds shall be paid out as provided in paragraph 5.4.` For purposes of this paragraph, a "reasonable time" shall not be less than three (3) years from the date of this Amendment if not inconsseent with the legis.lati'on which created the Assessment District. VIII., Paragraph .3.2.5 of the Development Agreement is amended by adding thereto the following sentence: "3.2.5 Developer-shall not be required to apply for, nor-to pay additional frees-for, allotments as otherwise required by' Chapter 17.26 -of the Petaluma Municipal Code. Developer shall not be subject to any process of selection nor to any discretionary authority of the City Council under Chapter 17.26 of the Petaluma Municipal.Code, "~ IX.- A1:1 other terms and conditions of the Development - io ~1~1 AMENDMENT:2B (7D) - o~/0'~/92 ~~~.189~NCS Agreement as amended shall remain in full force and effect. Executed the day and year first above written. A~PROV ~ AS TO FORM:: %~ Ci y Attorneys ATTEST: APPROVED B.Y: r By ~Fina ce Of seer CITY OF PF~TA A Munic_i l orporation By IDax City Manager DEVELOPER: ' SONOMA PARKWAY COMPANY, a California general By: SONOMA GATEWAY ASSOCIATES, L.P., a California general partnership, its General Partner By: .ELY. CORONA CORPORATION a Califo~ia corporation its Gener~ar~ner..' By ~ ~ ' l R sly P yne, Pre slew,. ~~ayne, ATTEST: By City Clerk ~-~ -~~ C4i _ :. .. _. , afi~~ro9~~T By: CHERRY LANE ASSOCIATES, LTD., a California Limited Partnership ~~ AMENDMENT.2B (7D) 07/07/92 a~~~ ~~~~.1898NCS its General Partner By: DELCO BUILDERS & DEVELOPERS, INC. a California corporat on its General Partner By _ Doyle ~ Baton, sident ~- a3~~ 12 AMENpMENT.2B (7D) 07/07%92 ~,y~.1~9~NCs ACKNOWLEDGMENT CC § 1181 (7) STATE OF CALIFORNIA ) COUNTY OF SONOMA ) On this 13th day. of January , in the year 1983 , before me, Paulette Lyon, Deputy City Clerk, City of Petaluma, personally .appeared Ros1X,~B Pay~f ~ie~ id en L personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument,. on behalf of the Partnership and acknowledged to me that the Partnership executed it. -~ a ~ ?~~ Seal Paulette .Lyon, Deput ~ it .Clerk City of Petaluma, California CC §1181 STATE OF CALIFORNIA) COUNTY OF SONOMAJ ACKNOWLF~GMFN7' On this .On this 13th dcty of January , in the year 19 93, before me, Paulette Lyon, Deputy City Clerk, City.of Petaluma, personalty appeared L c r ,Cohn 4 n r personally.known to me to be the person who :executed this instrument as Ciry Manager of the City of Petaluma and acknowledged to me that the City of Petaluma executed it. ~a3~y seal Pau ette yon, ep` ty C er City of Petaluma, California s~.E ~~v ~~opM ~.~r r AQ-~,~~,r~~N°r D~ R. qo- a~~5~-5 3-a4-9o Ni~E.rlT PM~r~ ~ 1 ro AGR:EaM~,uT 00 (~ 1. ,~. a3~~ ~~~.18 9~ N C S