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10 ORDINANCE NO. 1897 N.C.S.
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12 Introduced by Councilmember Seconded by Councilmember
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14 Lynn Woolsey Vice Mayor Cavanagh
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19 AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENT N0.2
20 TO THE DEVELOPIVIENT AGREEMENT BETWEEN THE CITY OF PETALUMA
21 AND CHERRY LANE ASSOCIATES FOR THE DEVELOPMENT KNOWN AS
22 MOUNTAIN VALLEY
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25 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
26 FOLLOWS:
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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 Cherry Lane Associates, 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.
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34 Section 2. The City Council hereby approves the terms and conditions of said
35 Amendment.
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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.
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Ord. 1897 NCS
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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.
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INTRODUCED and ordered Posted/Published this sth day of „~~, ,
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:
l,ty er
mtnvly / council8
Ord. 1897 NCS
2
a
f ;QTY GLEF2K
CI'T'Y OF PETALUPN~-
r ~rC 3 AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT
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/,~~/,n ~~ BY AND BETWEEN THE
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~ `~ ~ CITY OF PETALUMA AND CHERRY LANE ASSOCIATES, LTD.
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~+t ~+.r,~±`',•~~,'-~ MONTAGE (FORMERLY MORNINGSIDE)
M c~U N TA f N YALL.Ey
A.P.N. 136-120-15 C~
This Amendment No. 2 to Development Agreement is entered
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into this~~ day of -~9~2'; by and between
the City of Petalu , ("City") a municipal corporation, and c-
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CHERRY LANE ASSOCIATES, LTD., ("Developer"). f~
R E C I T A L S: C
A. On March 19, 1990 the City of Petaluma ("City") and
~~ Cherry -Lane Associates, Ltd. ("Developer") entered into a C
Development Agreement under the authority of Section 6.5864 ,,~____..~~
through 65869.5 of the Government Code ("the Development
Agreement").
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 infrastructure and other public
improvements necessary to serve Developer's property; thereafter
the Assessment Distr"ict sold bonds in the amount of
$16,120,000.00, on July 15, 1991, satisfying condition 9.8(3) of
the ,Development Agreement.
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AMENDMENT.2B (7.D:)
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JAN 1 5 1993
COWFORI•AED COPY
NOrT COAAPARED ~
WITH ORIGINAL ~
SONOMA COUNTY
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C. All conditions in paragraph 9.8 of the Development
Agreement have been satisfied and the Development Agreement
became effective on July 15, 1991.
• .D. .City and Developer desire to amend the Development
Agreement as prov~Yded below.
NOW, THEREFORE, the Development agreement is .amended as
f o'Tl ows
. I. Paragraph 5.1 of the Development Agreement is amended
to. read as follows:
5.1 Fees. All 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 fees, in effect on the date of this
Agreement is attached as Exhibit 4 (brochure entitled
"Special 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 Development Agreement to
read°as follows.:
5.3 Traffic Mitigation Fees. Developer further
agrees to pay to City traffic mitigation fees for each
dwelling unit constructed on the property in the
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AMENDMENT.2B (7D)
07/07/9.2
~~~.1897NCS
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amount provided in Ordinance No. 1837NCS and
Resolution No. 91-45NCS or as amended or superceded by'
subsequent ordinances or resolutions. The time for
paying traffic mitigation fees 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, Corona/Ely Special Assessment
District No. 21 bonds, its proportionate share of $1.5
million in traffic mitigation fees (the t0proportionate
share"). The sum of $1.5 million 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 Developer's' projects.
Developer's proportionate 'share shall be determined by
multiplying-the percentage shown for Developer in the
following schedule times $~1.5 million dollars.
In addition, Developer shall pay interest on the
amount of its unpaid proportionate share described
above on or~ before January 15 of each year after the
`date of this Agreement Interest shall accrue from
July 15, 1991.: The interest rate shall, be 7.6389$
which is the net interest rate applicable to the City
of Petaluma, Corona/Ely Special Assessment District No.
2.1 bonds. Interest shall be calculated monthly on the
declining unpaid balance of the ..Developer°s
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AMENDM-ENT, 2B (7D) ~~~, 1 g 9 7 N C S
0/07/92
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proportionate share.
Developer's proportionate share shall be reduced
dollar-for-dollar for each dollar of traffic
mitigation fees it pays to City out of the close of
escrow 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 $1.5 million remains unpaid, Developer
shal'1 thereafter pay at each close of escrow for sales
of individual dwellings or commercial construction on
the property an amount equal to one hundred fifty
percent~(150$) of the traffic mitigation fee otherwise
due untilDeveloper's proportionate share ispaid in
full. beveloper''s obligation 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
super-ceded or Developer's proportionate share,
whichever, is greater.
Schedule
Sonoma Parkway Company
AgcBa Company
Cherry Lane Associates.
Ceder Farms Investors
Quaker Hi11 Baackburn.
B-T Land Development; Inc.
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AMENDMENT.2B (7D)
07/07J92
37..26$
26.30$
12.47$
4.75$
9.81$
9.41
~~~.1897NCS
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TOTAL 10 0. 0.0 ~
III.Paragraph 5.4 is added to, the Development Agreement to
.read as follows:
5.4 Proceeds from .Bond Sale. Subject to the
requirements of state law and, the enabling resolution
' adopted by the City Council on January 16, 1990, the
parties agree the proceeds from sale of bonds by the
City- of Petaluma, Corona/Ely Special Assessment
District No. 21 (the. "assessment district") shall be
used for the following purposes in the following
priority: .
a. To pay the costs. of forming the
assessment district, selling the bonds, interest, and
other costs of administration:;
• b., To pay the cost to construct the
improvements. described in the Official Statement
adopted by the assessment district, including
.reimbursement of up front engineering and formation
costs paid by Developer;
c. If funds remain,~to pay to the extent
possible the cost of improving (including design,•plan
'check, inspection, supervision, and o"they associated
costs') Ely Road between Corona Road. and the boundary of
the assessment district according to plans and
specifications approved by City;
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AMENDMEN.T.2B (7D)
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d. If funds remain; to pay to the City of
Petaluma to the extent possible traffic mitigation fees
in an amount not to exceed $1.5 million;
e. If funds remain, to retire or to call
bonds issued by ,the assessment district in the same
proportion as the bonds were spread.
IV. The~Participation Schedule attached to the Development
Agreement as Exhibit 3 shall be changed to read as follows:
Exhibit 3
Participation Schedule
Name Assessment Number Percentage
Sonoma Parkway Company 6A, 6B, 6C, 17 36.85$
McBail Company. 1, 2, 3,, 4,. 5, 7 26.01$
Cherry Lane Associates 8
Cader Farms Investors Part of 9, 10,• 11, 12, 15
Quaker Hill Blackburn Part of 9, 10, 11, 12, 15
B-T `Land Development, 'Inc. 13, 14, 16B
Other (,not parties to this Agreement)-
TOTAL'
12.33$
4.70$
9.70$
9.31$
l.ll
100.00$
V. Paragraph 3.5 is hereby, added to the Development
Agreement to read as follows:
3.5: .Life of Tentative Maps Extended. The
statutory life of tentative maps. .filed on the property
affected by this Development Agreement may be shorter
than the time necessary to implement those tentative
maps fully. Accordingly, City and Developer agree
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AMENDMENT. 2:B (7D)
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pursuant to Government Code Section 6b452.6(a) that
tentative maps affecting property described herein
steal be. effective from the date the Petaluma City
Council. approves them until March 19, 1997. The
parties further agree that all approvals by the City of
Petaluma Site Plan and Architectural Review Committee
(."SPARC") 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, Paragraph 10 is added to the Development
Agreement. to read as follows.:
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
Assessment District No. 21 (".the Ely Road
improvements") shall be constructed using proceeds from
the sale of Assessment District bonds. according to
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 ofMacKay & Somps to prepare plans,
specifications, 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,
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AMENDMENT.2B (7D)
07/07/92
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as that f air 'share shall be determined by the
Developers- named in Exhibit 3 of -this Development
Agreement. City agrees 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 (nclud:ing design, plan
check`, inspection, supervision., .and other associated
costs) shall be paid from proceeds from the sale of
bonds of the Assessment District.
Zf the bond proceeds are. not sufficient to pay the
estimated cost of the Ely Road :improvements, Developer
shall have r-o obligation to buld_ the same nor to pay
any cost associated with such construction. Developer
agrees the Assessment District, may reserve funds for
construction of "the Ely Road improvements and to pay
the same for construction of the Ely Road improvements.
If the funds reserved for the Ely Road
improvements held by the Assessment District are not
expended within a reasonable time after the date of
this Amendment, the reserved funds shall be-paid out as
provided in paragraph 5.4. For purposes of this
paragraph, a 01r'easonable time" shall not be less than
three (3) years from the date of this Amendment.
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. VII. Paragraph 3.2.5 of the Development Agreement is
amended by adding thereto the following sentence:
'103.2..:5 .Developer shall not be required to apply
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AMENDMEN.T.2B (7D)
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for, nor to pay additional fees 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."
VILI. All other terms and conditions of the Development
Agreement as amended shall remain. in full. force. and effect.
Executed the day -and year first above ,written.
CITY OF PETALUMA
A Muncipal~Qorporation
APPR S ~- RM:.
By
ty A orney
APPROVED BY:
By ` ~,
F nanc Officer
DEVELOPER.:.
CHERRY LANE ASSOCIATES, LTD.,
a California Limited Partnership
its General Partner
By
ATTEST:
By_ ~ i
City Manager
" City Clerk ~
By
e ~ rfinent Head
BY
Risk Manager
By: DELCO BUILDERS & DEVELOPERS, INC.
a California corpora -ion
its .General Partner
By
Doyle Heaton, President
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AMENDMEN:T:.2B (7D)
07/07/92
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Cl s Y C~~ ~'~'!'ALUNI~ ~,
P. O. 'BOX 61
F~ ,aLU~ii~+, 'G'p- 94953
MouNTAIPI VALL~y
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~• CC §;:1.1:81 :(7)
STATE OF CALIFORNIA )
. )
COU'NTY' OF SONOIVIA )
.ACKNOWLEDGMENT
On his 1,3th day of January ,. in the year 19 93
before me, Paulette Lyon, Deputy City Clerk, City of Petaluma, personally appeared
Doyle Heaton
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
I
person that executed this instrument, on behalf of the Partnership ar-d acknowledged to me that
the Partnership executed it.
Seal . ~ Paulette L- on De ut i Clerk ~ °~ 3~
Y P
City of Petaluma, California
CC §1181 ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF SONOMA)
On this 13th day of January in .the year 19 9.3 before
me, Paulette Lyon;' Deputy City' Clerk,. City of Petaluma, personally- appeared John L. ,Scharer
personally known -to me: to be ahe person who executed this instrumeiu as City Manager of the City
of Petaluma and acknowledged to me that the City of Petaluma executed it. -
.~-~.
.Seal ~ . ~ ,. Pau ette L. on, De
Y Pl!ty . a C er
. - ~ City of Petaluma, California -~ a_