HomeMy WebLinkAboutOrdinances 1894 07/20/19922
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~~~~ .._.
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AUG 1 9 1992.-..
ORDINANCE NO. 1894 N.C.S.
Introduced by Councilmember
Seconded by Councilmember
Lynn Woolsey Vice Mayor Cavanagh
AN ORIDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENT N0.2
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND MCBAIL COMPANY FOR THE DEVELOPMENT KNOWN AS GLENBROOK
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. 1894 NCS
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IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
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
ayor
ATTEST:
ity er
glnbrk / council8
APPROVED
Ord. 1894 NCS
2
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FORM:
. CITY CLERf~
: , CITY OF PET'ALUMA
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PE'T~-LUPAea-.:GA ~495~
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AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE.
CITY OF PETALUMA AND'MeBAIL.COMPANY
FOR• THE `DEVELOPMENT '`KNOWN AS
GLENBROOK
~~: A.P.N. 137--06'0-19
C
•Ths ,Aiaendment Ydo,. 2 to Development Agreement. is entered ~-~
in't'o this ~~'?'` "day' of _ . ,~~~~ by and between G-~~,
• t-':~
the. City ~ of Petaluma, ("'Cty10) a mun~~c'pal corporation,. and c` --
- ~;=
McBAIL COMPANY: (°t:Developer01) :' ~~':~
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REC I~TA'LSt ~
A. On March 19,"1990 the City of Petaluma ("City"~) and
McBai1"Company. (00Devealoper") entered.nto a Development Agreement
._
under the ,authority of Section 65864 through 65869.5 of the O •
D
Government Code ("the:Developmen£ Agreemen"t")..
B. On February 8, 19'91;. • ~ 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 Aio. 21 (the °tAssessment District1°) in order
to pay f'or and construct the infrastr-ucture and other public
improvements necessary to serve Developer's property; thereafter
the Assessment District so d bonds `n the amount of
$16,120, 00;0;.00, on July 15,, 1991, satisfying condition 9 .'8 (3) of
the D`eve'lopment Agreement.
C. A1'1 :conditions in paragraph 9.;8 of the Development
1 -~ a~8 ~
AMENDMENT'.2B (7D) ~~~;•, 1 8 94 N C ~
07/.oz/9~2
Agreement have been satisfied and the Development Agreement
became effective on July 15, 1991.
D. City and Developer desire to amend the Development.
Agreement as provided below.
NOW, THEREFORE, the Development agreement is amended as
follows:
I. Paragraph 5.1 of the Development Agreement is amended
to read as follows:
5.1 Fees. ,All other development fees shall be
the amount determined from time. to time by the City
Council. for application to the City as a whole. A
schedule of the fees in effect on the date of this
Agreement is attached as Exhibit 4 (brochure entitled
"Special Development Fees") to this Agreement, as
amended from time to time. City may increase existing
fees, including traffic mitigation fees, or impose fees
in addition to those in EXhibit 4 (including traffic
impact fees) as long as, but only cif, those fees are
normally required to be paid bydevelopments on a
citywide basis. -
II. Par-.agraph 5.3 is added to the Development Agreement to
read as follows
5.3 Traffic Mitigation Fees. Developer further
agr-ees to pay to City traffic mitigation fees for each
dwelling unit constructed on the property in the
amount provided in Ordinance No. 1837NCS and
2 ~ ~,?~$ Z
AMENDMENT.2B (7D.) ~~.~,,. I g 9~ N C S
07 / 07,/,9 2
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~traffc mitigation measures
made necessary by those Developers' projects.
Developer's proportionate share shall be determined by
multiplying the percentage shown for Developer in the
following schedule times $1.5 million dollars.
In addition, Developer shall pay interest on the
amount of its unpaid proportionate share described
above on or before January 15 of each year after the
date of this Agreement Interest shall accrue from
July 15, 1991. The interest rate shall be 7.6389$
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.
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AMENDMENT.2B .(7D) Q,~[~~o, 1 g 9 4 N C
07J07/'92 _
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 $1.5 million remains unpaid, Developer
.shall thereafter pay at each c1osE of escrow for sales
of individual dwellings or commercial construction on
the property an amount equal to one hundred fifty
percent (150) of the traffic mitigation fee otherwise
due until Developer°s proportionate share is paid in
..full. Developer's obligation to pay traffic mitigation
fees shall not exceed the amount determined by
multiplying the total number of dwelling units actually
constructed by Developer under this Development
Agreement by the' traffic mitigation fee established by
Ordinance 1837NCS and Resolution 91-45NCS as amended or
,.
superceded or Developer's proportionate share,
whichever is greater.
Schedule
Sonoma~Parkway Company 37.26$
McBa~i1 Company ~ 26.30
Cherry Lane Associates 12.47
Cadet F,ar-ms Investors 4.75
Quaker Hill Blackburn 9.81
B-T Land Development, Inc. 9.41
TOTAL 100.00$
~~ 4 .a~g~
AMENDMENT.28 (7D)
07/.07/92 ®1~~.18 9 4 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 ori; January 16, 1990, the
- parties agree the proceeds from sale of bonds by the
City of Petaluma., Corona./E'ly Special Assessment
Dstr-ict Nb. 21 (the 11assessment district°') shall be
- used. for the following .purposes in the following
priority:
a. To pay the costs. o-f 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
~~ ad:o,pted -by the assessment district, ;including
reimbursement of up front~.engneering and formation
costs paid by Deve~loper~;
. ~ c. Sf f.unds remain, to pa=y 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 asasessment district according to -plans and
specifications approved by City;
- d.~ If .'funds remain, to pay, to the City of;
- 5
AMENDMENT::'2B ~ (7D)
07 / 07,./.;9'2.
a~g ~-
~~«,.1 o y 4 N C S
. Pe.ta`luma to the extent possible traffic mitigation fees
in an :amount not to exceed.$1..5 million.;
. e. If funds remain, to retire .or to call
bonds. issued by. the assessment district in the same
• proportion as the bonds were' spread...
-IV. The Participation .Schedule attached to the Development
Agreement as Exhibit 3 shall be changed to read `as follows:
Exhi-bit, 3.
Participation Schedule
Name ~ Assessment-.Number Percentage
Sonoma Parkway Company 6A, 6B, 6'C, 17 36.85$
P2cBai1, Company 1, 2, 3, - 4, 5, 7 26.01$
CherryLane Associates 8 12.33
Cider. Farms Investors Part of 9, 10, 11, 12, 15 4.70$
Quaker Hi11 Blackburn Part of 9, 10, 11, 12, 15 9.7b~
B-T Land•D'ev"elopment, Inc. 13, 14, 16B ~ 9.31$
Other (no,t parties to this Agreement) 1:11
TOTAL `10 0~. 0 U.$
V. 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.:, fiorona/Ely Special
Ass~eas~ment District A1o. 21 " (10the" Ely Road
improvements°0') shall be constructed using,"proceeds from
- the sae of ~issessment Distract bonds accordhq to tike
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AMENDMENT . '2 B (~ 7D)
Q7~°°792 ~"~. 1 8;94 N Ci S
,.
pans and specifications approved°:by. Gity. 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,
a s that fair share shall be determined by the
De~el'opers 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-
cheek, 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
stall have no obligation to build the same nor to pay
any~cost associated with..•such construction. Developer-
agrees the Assessment District may° res°erve funds for
construction of the Ely Road improvements and to~ pay
the same f,or • constr-ucton of" the Ely Road improvements .
If the funds reserved for the E'1°y Road
improvements held by the Assessment District are not
APRENDMENT~. 2 B ('7 D )
o~/0:/9.2
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~~~~~.18 9 4 N C S
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. expended 'with°in a reasonable time after the date of
th- Amendment, the ,reserved funds shall be paid out as
provided in paragraph 5.4. For purposes. of this
;paragraph, a 01reasonable dime" shall 'not be less than
"three (3) years from the date of this Amendment.
VI. All other terms and conditions of the Development
Agreement as amended shall Terrain n'full force and effect.
Executed the day and year first above written.
APPROVED BY's
-..
By~ ~ _
Finance
DEVELOPER°:
CITY OF
A Munic
tion
.By . `-~ -
City Manager
AT.TEST'.
By
City Clerk ~.y' ~~
. By
r partment Head
McBAIL COMPANY, a California
general .partnership
By ~ ~%:2~ ~~~ ~l
By
R k Manager
8
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AAgENDMENT.2B' (7D)
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