HomeMy WebLinkAboutOrdinances 1896 07/20/19922
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DATE
�T
. 11MANCE
AUG 1 91992
9
t --
ORDINANCE NO
Introduced by Councilmember
1896 N.C.S.
Seconded by Councilmember
Lynn Woolsey Vice Mayor Cavanagh
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENT NO.2
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND B-T LAND DEVELOPMENT, INC., FOR THE DEVELOPMENT KNOWN AS
KINGSMILL
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 B-T Land Development, 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. 1896 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.
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INTRODUCED and ordered Posted/Published this 6th day of July
1992.
ADOPTED this 20th day of duly , 1992, by the following vote:
AYES: Read, Davis, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: Woolsey, Sobel
ABSTAIN: None
ATTEST:
City Clerk/
kingsmil / counci18
Ord. 1896 NCS
2
CITY-CLEtRK JAN 1 5 1993
CITY OF PETA,LUMA
X 61 AMENDMENT NO. 2 TO DEVELOPMENT AGRE RMED COPY
Q094953, NOT BY AND BETWEEN THE WITH ORIGINAL D
0 . SONOMA COUNTY
�.J
CITY OF PETALUMA AND B-T LAND DEVELOPMENT, INC.
C
FOR THE DEVELOPMENT KNOWN AS
�O KINGSMILL FORMERLY WATERFORD OAK
A.P.N. 136-120-09 AND 10
C�
This Amendment No-. 2 to Development Agreement is entered
into this day of , by and between
c
the City of Petaluma, ("City") municipal corporation, and B-T
LAND DEVELOPMENT, INC. ("Developer").�
R E C I T A L S:
A. On March 19, 1990 the City of Petaluma ("City") and B-T
Land Development, Inc. ("Developer") entered -into a Development
Agreement under the authority of Section 65864 through 65869.5 of
the Government Code ("the Development Agreement").
B. On February 8, 1991, the real property described in
thet 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 District sold bonds in the amount of
$16", 120, 000.00, on -July 15, 1991, satisfying condition 9.8(3) of
the Development Agreement.
C. All conditions in paragraph 9.8 of the Development
AMENDMENT.2B (71))
07/07./92.
ORD.18 9 6 N C S
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 provided below.
NOW, THEREFORE, the Development agreement is amended as
follows:
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
I'Spec a-1 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
readas 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
amount provided in Ordinance No. 1837NCS and
2
AMENDMENT.2B ,(7D)
o /07/92 ORD. 18 96 N C S
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 "proportionate
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
mad e necessary by those Developers' 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
o .
July 15, 1991. The interest rate shall' be 7.63.89%
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 Deve'loper's
proportionate share.
3
AMENDMENT:2B '(7D)
07 / 07/'92 ORD.18 9 6 N C S
r
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
shall 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 until Developer's proportionate share is paid in
full.. Developer'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
superseded 'or Developer's proportionate share,
whichever is greater.
Schedule
Sonoma 'Parkway Company
McBail Company
Cherry Lane Associates
Cader Farms Investors
Quaker Hill Blackburn
B-T Land Development, Inc.
TOTAL
i
AMENDMENT.2B (7D)
07/07/92
37.26%
26.30%
12.4.7%
4.75%
9.81%
9.41
100.00%
4
c. 1 8.96 N C S
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 other associated
costs) Ely Road between Corona Road ,and the boundary of
the assessment district according to plans and
.specifications approved by City;
d. If funds remain, to pay to the City of
5 a3��
AMENDMENT.2B (7D) ORD. 1 g 96 C
07/07/92
Petaluma to the extent possible traffic mitigation fees
n,.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, 5,17
26.01%
Cherry Lane.Associates 8
12.31%
Cader ,Farms Investors Part of 9, 10, 11, 12,
15 4.70%
Quaker Hill Blackburn Part of 9, 10, 11, 12,
15 9.70%
B-T Land Development, Inc. 13, 14, 16B
9.31%
Other (not parties to this Agreement)
1.11
TOTAL
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
AMENDMENT.2B .(7D)
07/.07/92
6
ORD. 1 8 96 N c
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, 1-997. 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.
V. Paragraph 10 is added to the Development Agreement
to'read as follows:
iQ. 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 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,
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,
7
AMENDMENT.28 (7D)
07/07/92
a 3�D
-1896NCS
as that fair 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 (including design, plan
check, inspection, supervision, and other associated
costs) shall be paid from proceeds from the. sale of
bonds of the Assessment District.
If the bond proceeds are not sufficient to pay the estimated
cost of: the Ely Road improvements, Developer shall have no
obligation to build 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 "reasonable time" shall not be
less than three (3) years from the date of this Amendment.
VI'. Paragraph 3.2..5 of the Development Agreement is amended
by adding thereto the following sentence:
913.2.5 Developer shall not be required to apply
for, nor to pay additional fees for, allotments as
8 �]��
AMENDMENT, 2B (7D) ����• 18 9 6 N C S
07/07/9.2
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."
VII. 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 Municipal, CofDoration
APPROVED
By *ity
APPROVED BY:
Finance fficer
DEVELOPER:
B-T LAND DEVELOPMENT, INC.
l
By
AMENDMENT.2B (7D)
07/07/92
City Manager
f ent Head*
l
By
isk Manager
9
0!?P.18 96NCS
CC §1.181 (7)
STATE OF CALIFORNIA)
COUNTY OF SONOMA )
On this
3th day of jAnii4 , in the year
19 93 , before me, Paulette Lyon, Deputy City Clerk, City of Petaluma,
personally appeared wiIjigm W. BPnJ— of the
personally. known to me to be the Secretary-Treasur r
-within instrument, and acknowledged to me that
Corporation that executed the
such Corporation executed the within instrument pursuant to its bylaws or a
resolution of .its Board of Directors.
Seal, au ette � on,�eei4 sty er b"
City of Petaluma, California
ACKNOWLEDGMENT
CC V 181
STATE OF CALIFORNM)
COUNTY OF SONOMA)
On this On this 13th day of January , in the year 19 93 before
me, Paulette L on
y ,De putt' City Clerk, City of Petaluma, personally appeared John L. Scharer
personally known to me to be the person who executed this instrument as City Manager of the City
of Petaluma andacknowledged to me that the City of Petaluma executed it.
Seal Pau ette Lyon, Dep i C er
City of Petaluma, California a ���
��Ir(6SM1LL
Oft.1 8 9 6 N C S