HomeMy WebLinkAboutOrdinances 1893 07/20/1992�Z
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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 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
agrmt / counci18
Ord. 1893 NCS
2
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OF p5TAIWMA
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AMENDMENT NO. 2 TO DEVELOPMENT. AGREEMENT
BY AND BETWEEN THE
CITY -OF PETALUMA AND QUAKER HILL BLACKBURN
FOR THE DEVELOPMENT KNOWN AS
CADER FARMS.
A.P.N. 136-120-05, 18.. 2.1. 22, 23
This Amendment. No. 2 to Development Agreement is entered
into this'��,day of ,
by and between C
the City of Petalu a, ("City") a municipal corporation, and C_
C:
QUAKER,HILL.BLACKBURN ("Developer"), and CADER FARMS INVESTORS, a
Ca-lifornia limited partnership.
RECITALS.
5
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 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.
AMENDMENT.2B (7D)
06/26/9.2
oj.t,.1893NCS
C, All conditions in paragraph 9.8 of the Development
Agreement have been satisfied. and the Development Agreement
became effective on July 15,, 1991.
Z. 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 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.
AMENDMENT,. 2 B; ( 7D )
06/'26/92
GRI�.1893NC;S
i
Paragraph 54 is added to the Development Agreement to
read as'f011ows:
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
,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
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 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
3
AMENDMENT. 2 B (7D)
06/26./92
ORD. 1893NCS
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.
r
21 'bonds. Interest shall be calculated monthly on.the
declining unpaid balance of the Developer's
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
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 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 asamended or
sup:e'r`ceded or Developer's proportionate' share,
4
AMENDMENT.ZB (7D)
06,/26/92: `I j V
.. S
X 6 9. 3 N
whichever is greater.
Schedule
Sonoma,Parkway Company
MdB'A 1 Company
Cherry Lane Associates
Cader Farms Investors
guaker•Hill Blackburn
B-T Land;Development, Inc.
TOTAL
37.26%
26.30%
12.4.7`%
4.75%
-9.81%
9.41%
100.00%
III. Paragraph 5.4 is added to the,Development Agreement to
read,as follows:
5.4 Proceeds from Bond Sale. Subject to the
q"" the enabling 'resolution
re uirements of state- law and
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
5
AAiENDMENT . 2B (7D)
0`6 /°26./'9 2
ORb. 18 93 N C S
possible thecost 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
specif ications .approved by City;
d. If funds remain, 'to pay to the City of
Petaluma to the extent possible. 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 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 As"se'ssment'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
12,33%
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. 1.3, 14, 16B
9.31%
Other (not 'parties to this agreement)
1.11.
TOTAL
100.00%
V. paragraph
1.5 is
hereby
added,.to the
Development
6
J
AMENDMENT.2B (7D)
06/2`6/:92
Q .1893NG
Agreement to read as follows:
3.5. Life of Tentative Maps Extended,. The
statutory., life of tehta,t lye 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
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
(10SPARC") 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
A,ss•e°ssment District No. 21 ("the Ely Road
improvements10) 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
AMENDMENT,.2B (7D)
06/'26]92
ORL.13 93 N C S
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,
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 (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
8
AMENDMENT.2B (7D)
06/'26/92 ORD. 18,93 N C S
5.4. - For purposes of this paragraph, a "reasonable 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 following -sentence:
013.2.5 .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.01
VIII. All other terms and conditions of the Development
Agreement as amended shall' rema°in in full force and effect.
Executed the day and year first above written.
CITY OF PETALUMA
A Municipal Oj rporation
APPROVED. BY
Fi ance fficer
DEVELOPER,:
QUAKER�HILL BLACKBURN
a California General Partnership
AMENDMENT.2B (7D)
0 6 /;2`6/.92
er
ATTEST:'
By
City Clerk/_ V_. f j
Ri an
trrment= Head
CADER FARMS INVESTORS, a
California limited part-
nership c�
uxi".1893NCS
By 'QUAKER HILL DEVELOPMENT
CO ,Q ION GeorAl Partner By! RYDER HOMES, INC.,
General'Partner
By
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 „
10
ORD. 1S93NCS