HomeMy WebLinkAboutOrdinances 1893 07/20/1992.,:
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E~~~ DATA
I~~ OR~IN SCE
ORDINANCE NO. 1893 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Lynn Woolsey vice Mayor Cavanagh
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AN AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA
AND QUAKER HILL DEVELOPMENT FOR THE DEVELOPMENT KNOWN AS
CADER FARMS
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 Quaker Hill Development, 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.
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. 1893 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 sth 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:
>ty er
agrmt / council8
Ord. 1893 NCS
2
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AMENDMENT NO. 2 TO DEVEL'OPMENT.AGREEMENT
BY AND BETWEEN THE
,CLTY.OF PETALUMA AND OUAKER HILL BLACKBURN
FOR THE DEVELOPMENT KNOWN AS
CADER FARMS
A.P.N. 13'6-120-05. 18., 2.1, 22, 23
This Amendment. No. 2 to Development Agreement is entered
y by and between C
into this~~~da of ,
the City of Petalu a, ("City") a municipal corporation, and C_
.~i~~=1
QUAKER ,HILL .BLACKBURN ("Developer"), and CADER FARMS INVESTORS, a ~;
Ca-liforna limited. partnership.
RE'CITALS'
J
~`~-
A. On March 19, 1990 the City ofA Petaluma ("City"). and C
l
QUAKER HILL BLACKBURN ("Developer01) 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
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 Ass:essment District sold bonds in the amount of
$16,120,,000..00, on July 15, 1991, satisfying. condition 9.8(3) of
the Development Agreement.
. ~~
1 ~ ~~
AMENDMENT.2B (7D)
06/26/9.2
~~~~,.18931~CS
C, A11 conditions in paragraph 9.8 of the Development
Agreement have been satisfied. and the Development Agreement
became effective on July 15,, 1991.
D'. On~ Developer conveyed a portion
of the property described in the Development Agreement to Cader
Farms Investors, a California limited partnership, and assigned
to Cader Farms Investors Developer's rights under the Development
Agreement as to that portion.
E: City, 'Developer, and Cader Farms Investors 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 they 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
ctywde.basis.
AMENDMENT!. 2B; (7D)
06/'26:/"92
z ~ a,~''
~~~.1893NC;S
i
hT:. Paragraph 5:3 is added to the Development Agreement to
read as f'ol lows
5..3 Traffic Mitigation 'F'ees:. Developer further
agrees to pay t'o City traffic m=itigation gees for each
dwelling unit constructed on the property in ~ the
amount provided in Ordinance No. 183ZNCS and
,Resolution No. 9~1-45NCS 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
Dist-rct A1o. 21 bonds, its proportionate share of $1.5
million in traffic mitigation 'fees (.the °1proportionate
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 be determined by
multiplying the percentage shown for Developer in the
following schedule times $1..5 million dollars.
In add=ition, Developer shall pay interest on the
amount of its -unpaid proportionate share described
above on,or before January 15 of each year after the
date ,of this Agreement Interest shall accrue from
3 ~~~
AAR~ENDMENT. 2 B ( 7D)
A~6/26./92
~:~~.1 ~ J 3 N C ~
JuT`y 15', 1991. The interest rate shall be 7.6389$-
which is the net .interest rate applicable to the City
of .Petaluma, Corona/Ely Special 'Assessment District No.
r
21 'bonds. Interest shall be calculated monthly on.the
declining unpaid balamce of the Developer's
proportionate share. -
-, Developer's proportionate .share shall be reduced
dollar-for-dollar foreach 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 183ZNCS and
Reso ution 91-45NCS as amended or superceded.
~If on July 15, 1994, Developer°s proportionate
share. of the $1.5 million remains 'unpaid, Developer
shall thereafter. pay at each close of escrow for sales
of individual dwellings or commercial construction on
the 'property an amount equal to one hundred fifty
percent (1.50$) of~the traffic n-itigation 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
con-structed by Developer under thi Development
Agreement by the traffic mitigation `fee established by
Ordinance 1837NCS and Resolution 91-45NCS as. amended or
su,p:e'r`ceded or Developer's p -op~ortionate' share,
~~
4 ~~
AMENDA~iENT . 2'B ( 7 D )
- 06,/26/92: xx I`I C~ .
wh:cheyer is greater.
Sonoma, Parkway Company
PRcB'a°i 1 :Company
Cherry Lane associates
Cader Farms Investor-s
guaker•Hll Blackburn
B-T Land. ;Development, Inc.
~ -
TOTAL
Schedule
37.26$
26.30
12.4:7`$
4.75$
9.81.$
9.41$
100.0.0.$
III. Paragraph 5.4 i~s added to the,~Development Agreement to
read as follows: •.
5.4 Proceeds from Bond Sa°le. Subject to the
q"" the enabling 'resolution
re uirements of state- law and
ad'opted-by the City Council. on January 16, 199U, the
parties 'agree the proceeds from- sale of bonds by the
C.it°y ~ of Petaluma, Corona/Ely Special Assessment
-D=istrict No. 21 (the "assessment~dstrct") shall be
used for the following purposes in. the following
pror~ty:
a. To ~ ~p~ay the costs,' ~of~ form~ng .the
assessment district, selling the bonds, interest, and'
_ other costs of administration;
b,. Tq p,ay the cost to construct "the
improvements• described in the Official Statement
adopted by the assessment district; including
. r.e'mbu=sement of up front engineering and formation
` costs. paid by Developer;
c.. If funds remain, to pay- to the. extent
5 ~~
AA~'IENDMENT . 2B ( 7D)
0`6 /'2 6./'9 2
OI~1~.~893NCS
possible the. cost of improving (including design.;, plan
check,,•nspection, super-vision, and other associated
costs) Ely Road between Corona Road and the boundary of
the assessment district according to plans and
spec~f cations .approved by City;
d. I~f funds remain, to `pay to the City of
Petaluma to the extent possble.traff is mitigation fees
in an amount not to exceed $1:5 million;
e. If funds remain., to .retire or -to call
bonds issued by the assessment d~i~strict in the same
• proportion as the bonds were spread.
IV. ,The Participation Schedule .attached to the Development
P,greement as Exhibit 3 'shall be changed to read as follows:
' Exhibit 3
Participation. Schedule
Name ~ As"se'ssment'Number Percentage
Sonoma Parkway Company 6A, 68, 6C, 17 36.85$
AscBail Company 1, 2, 3, 4, 5, 7 26.01$
Cherr..y Lane: Associates 8 12..33$
Cader Farms Investors Part~of 9, 10, il, 12, 15 4.70$.
guaker'Hill Blackbupn Part of 9, 10, 11, 12, 15 9.70$
BrT' Land°Devel~opment, Inc. 1.3, `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
~~ .
6 y,
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• J
AMENDMENT.2B (7D)
06/2`6/:92
• Q~~.1 ~93~C~~
Agreement to read as "follows:
3.5. Life of Tei;tati°ve Maps Extended;.. The
statutory. life of ~terita,t~ve 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 6'645.2.6 (a )" that
tentative" maps affecting property described herein
shall be effective from the date the Petaluma City
- £ouricl .approves them until March 19, 1997. 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
tent~afye map and any final map recorded for any part
oY the approved tentative `map.
VI. Paragraph 10 is.added~tq the Development Agreement
to read as follows:
10. Elv Road Improvements. The parties agree
the reach of Ely Road between Corona Road and the
boundary of the City of Petaluma, Corona/Ely Special
A se°ss~ment District No. 21 (°tthe Ely Road
mprovements10) 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 identf`ied~in
~~
7 ~ ~'~
AAQENDMENT,.2B (7D)
0 6 /'26'/ 9 2
- ~ ~~~.1 ~ 9 3 N C S
Exhibit 3 to this Development Agreement to employ the
ser-vices ~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
paymer-t 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
$or :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 Distr'~ct.
Zf~~. 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~mprovements.
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
8
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AMENDMENT.2B (7D)
06/`26/92 QRD.1 8 93 N C ~
5.4'. ~ For purposes of this paragraph, a °treasonable time"
shall not. be less than three (3) years from the date of this
Amendment.
'VII. Paragraph 3.2.5 of the Development Agreement is
amended _by adding thereto the followingsentence:
013.2.5Developer shall not be required to apply
for, nor to pay additional- fees for, allotments as
otherwise required by Chapter 17.2.6 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.01
VIII, All other terms and conditions of the Development
Agr-Bement as amended shall' rema°in in full force and effect.
Executed the day and year f'r t above written.
CITY OF PETALUMA
A Municipal ~j rporation
er
APPROVED. BY
By ~ ~ ~d '
.Fi ance~ f f ices
DEVELOPER:
QUAKER ~ HII~L• BLACKBURN
a California General Partnership
AMENDYrlENT, 2B ( 7D )
0 6 /;2`6;/.9'2
ATTEST:
gy
City- Cle"rk/_ ;~_. f- j
Ri an
tment=Head
CARER FARPRS INVESTORS., a
California limited part-
nershp c~
9 `~ ~~
~~g~~,.1893NCS
By°:•QUAKER 'HILL DEVELOPMENT
,.
' CO ,Q ION Ge al Partner By: RYDER HOMES, INC.,
General•Partner
Van Nor,'n Loga",'resident r•~
By ~~~ ~~--
BY _ Paul,. Sta_ n,
,Ross•`B`lackburn, General P rtner Vice President
AMENDMENT.'2B (7D)
.:. 06.%26/'92 „
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10
O~D,•1893NCS