HomeMy WebLinkAboutOrdinances 1895 07/20/19921
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ORDINANCE NO. 1895 N.C.S.
Introduced by Councilmember
Lynn Woolsey
Seconded by Councilmember
Vice Mayor Cavanagh
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENT NO.2
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND MCBAIL COMPANY FOR THE DEVELOPMENT KNOWN AS THE GRAY
PROPERTY (FORMERLY GLENBROOK NORTH)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The City Council hereby finds that the provisions of the Amendment to the
Development Agreement between the City of Petaluma and McBail Company, a copy of
which is attached hereto as Exhibit 1 and incorporated herein by reference, is consistent
with the General Plan, Corona/Ely Specific Plan, and other applicable plans, policies,
ordinances, and regulations of the City of Petaluma.
Section 2. The City Council hereby approves the terms and conditions of said
Amendment.
Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and
directed to sign Amendment on behalf of the City of Petaluma.
Ord. 1895 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
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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:
�City Clerk
gray2 / counci18
AS TO FORM:
Ord. 1895 NCS
2
My K.
CITY -0F'pF_TALUMA.
M'BOX 1
LU1, CA., 94903 •DAMENDMENT'NO. 2 TOEVELOPMENT AGREEMENT
P�iI►
R^�? p7?8? 0 BY AND BETWEEN THE
9�`�Ij J N 1 5 1993 CITY OF PETALUMA AND MCBAIL COMPANY
3RME . COPY FOR THE °DE�IEI OPMENT KNOWN AS
i COMPARED
a w' iTH 01iIGINAL
THE; GRAY PROPERTY
ONOMA COUNTY
A.P.N. 137-A70-0.6 07i 08 10 AND 11
'This Amendment No. 2 to Development Agreement is entered
�A
into this day of C� by and between
the City of Petalu (t°City") municipal corporation, and
McBAIL COMPANY '("Developer").
R E C I T A L S°�=
A. On March 19, 1990 the City of Petaluma ("City") and
G
McBail Com an p y ("Developer01) entered into a Development Agreement
under the authority of Section 6'S864 through 65869.5 of the FF
Government Code (Ithe,Development Agreement").
B. On February 8, 1991, the real property described in
C
the Development Agreement was annexed to the City satisfying
condition 9.8(2) of the Development Agreement. On January 16,
19901 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 Developers property; thereafter
the Assessment .District solid 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 (7D)-• 1 8 9 C
07/07/92'
Agreement have been satisfied and the 'Development Agreement
became effective.. on Judy 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
'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.: Par-.agraph .5.3 Is added to the Development Agreement' to
read as -follows:
5.3Traffic 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
AMENDMENT. 28 .(7D')
07/b7./92
O O.18 9 .N CS
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
made necessary by those Developers' projects.
Developer's proportionate share shall bedetermined 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.
-21 ;bonds,. Interest shall be calculated monthly on the
declining unpaid balance of the Developer's
.proportionate share.
3 �a3g i
AMENDMENT.,2B (7D,,)
67/0T/,92 i,�w�,. 18 9,5N,C S
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 9i-45NCS as amended or
superceded or Developer's proportionate share,
whichever is greater.
Schedule
Sonoma Parkway Company
MCBall Company
Cherry Lane'Associates
Cader Farms Investors
Quaker Hill Blackburn
B-T Land Development, Inc.
TOTAL
AM.ENDMENT.2B (7D)
07/07/92
37.26%
26.30%
12.47%
4.15%
9.81%
9.41
100.00%
18989N C S
II.I. 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
Petaluma to the extent possible traffic mitigation fees
5 I
AMENDMENT 2B (7D) �g
07/0.7/92
,.. 895NCS
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
McBail Company
Cherry Lane Associates
Cader Farms'Investors
ouaker Hill Blackburn
6A, 6B,. 6C, 17
1, 2, 3, 4, 5, 7
8
Part of 9, 10, 11, 12, 15
Part of 9,, 10, 11, 12, 15
Other (not parties to this Agreement)
Baptist Church 18
TOTAL
36.85%
26.01%
12.33%
4.70%
9.70%
1.11
0.49
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 and 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 ORD.1 8 9,5N C S
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 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
Marsh 19, 1999. 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 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,
7
AMENDMENT.2B (.7D)
07/07/92
4 a321
I4.
'D.1 8 95NCS
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,
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.,reimbur.sement. 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
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
available 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
8
AMENDMENT.2B (7D) - �3g
07/07/92.18 93 N C S .
City Engineer shall estimate the above amounts at the time
the bid referenced above is considered by the City.
If Developer elects option b), the Assessment
District shall hold and reserve the funds available to
construct the Ely Road improvements until Developer has
advised the City of Petaluma's Finance 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
completion in the manner and following the procedures
required by law.
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 reasonable time after the date of
this Amendment, the remaining construction improvement
fund's 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
AMENDMENT.2B (7D)
07/.07/9Z
ORD. 1891NcS
this. Amendment if not inconsistent with the legislation
which created the Assessment District.
VIZ. Paragraph 3.2.5 of the Development Agreement is
amended by adding thereto the following sentence:
113.2.5. Developer shall not be required to apply
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."
VIII,., 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.
APPROVED BY:*
By - y (6�'c-z—
Rik Manager
CITY OF PETALUMA
A Municipal Corporation
By
City Manager
ATTEST:
By
City Clerk /
DEVELOPER:
McBAIL COMPANY, a California
general partnership
10
AMENDMENT.2B (7D) � '�. 18 95 N C S, a )c
0`7/07/9200
ACKNOWLEDGMENT
�j
n
i CC §1181 (7)
STATE OF CALIFORNIA)
COUNTY OF'SONOMA )
On this 13th day of January , in the year 1993 ,
before me; Paulette Lyon, Deputy City Clerk, City of Petaluma, personally appeared
Michael. Gallavher
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.
Seal Paulette Lyon, Deputy ty Clerk
City of Petaluma, California
ACKNOWLEDGMENT
CC §1181
STATE OF CALIFORNIA)
COUNTY OF SONOMA)
On this On this day of , in the year 19 before
me, Paulette Lyon, Deputy 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 and acknowledged to me that the City of Petaluma executed it.
Seal Paulette Lyon, Depury CioClerk
3�
City of Petaluma, California
SLERK
.-TALUMA -y
:.;OX 61 GRAY PRO PLR T
CA 94953
Y
Sox. A4-R5.Fftmpmj!�Nj
10 - r3 - Cl
4 10I
w1b. 18 96N G S
