HomeMy WebLinkAboutOrdinance 1852 N.C.S. 05/20/1991~~ ~1~
;~ `' ",a 1 9 1991_
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ORDINANCE NO. 1852 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis Brian Sobel
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING
AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PETALUMA AND QUAKER HILL BLACKBURN, ET AL
FOR THE DEVELOPMENT KNOWN AS CADER FARMS HIGHLANDS,
PART OF APN'S 136-120-05, 22 AND 23
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
29 Section 1. The City Council hereby finds that the provisions of the Addendum to
30 Development Agreement between the City of Petaluma and Quaker Hill Blackburn, et al,
31 a copy of which Addendum is attached hereto as Exhibit 1 and incorporated herein by
32 reference, is consistent with the General Plan, Corona/Ely Specific Plan, and other
33 applicable plans, policies, ordinances, and regulations of the City of Petaluma.
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35 Section 2. The City Council hereby approves the terms and conditions of said
36 Addendum.
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38 Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and
39 directed to sign Addendum on behalf of the City of Petaluma.
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41 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
42 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
43 shall not affect the validity of the remaining portions of this ordinance. The City Council of
44 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
Ord. 1852 N.C.S.
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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 sth day of iViay 1991 , 1990.
ADOPTED this 20th day of May , 1991, by the following vote:
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: o
ABSTAIN:
A ST:
Lam' l._
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caderDAA / pam6
Ord. 1852 N.C.S.
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8 AGREEMENT TO AMEND DEVELOPMENT AGREEMENT
9 BETWEEN ~CITX OF PETALUMA AND
10 ARTHUR CARER, SELMA CARER, AND QUAKER HILL BLACKBURN
11 (FOR CAI9ER FARMS AND CARER FARMS HIGHLANDS)
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13 This Agreement amends the Development Agreement dated March 19, 1990, between the
14 City of Petaluma ("City") :and Arthur Cader, Selma Cader, and Quaker Hill Blackburn
15 ("Developer"). The effective, date of this agreement is ~ - of 0 - ~i
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17 RECITALS:
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19 A. On March 19, 1990;:. City and Developer entered into 'a Development Agreement, a
20 copy of which is attached to this Amendment as Exhibit A (the "Development
21 Agreement"), see I.R. 90-34273 of Apri15, 1990, or as thereafter amended..
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23 B. City and Developer wish to further amend the Development Agreement 'for the
24 Cader Farms Highlands portion of said project site.
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26 C.
. On March 12, 1991, the City of Petaluma's Planning Commission held a public
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hearing on the amendments contained in this Agreement after notice as required by
28 law.
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30 D. On May 6, 199.1, the City of Petaluma's City Council held a public hearing on the
31 .amendments contained in this Agreement after notice as required by law.
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33 E. City and Developer intend that the difference in the number of allotments produced
34 by the Amendment' to Section 3.2.5 of the Development Agreement shall be
35 available, as needed; to the City of Petaluma for the construction of lower and
36 moderate income housing on land dedicated to the City of Petaluma for that
37 purpose within the Corona/Ely Specific Plan Area.
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<° EXHYBYT Z
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1 NOW, THEREFORE, City and'. Developer agree to amend the Development Agreement
2 as follows:.
Additions =italics
Deletions = str3~keo~ts
1. Amend Title, page 1, to read:
"DEUELOPIVIEN'T AGREEMENT BY AND BETWEEN
CITY OF PETALUMA AND ARTHUR CARER, SELMA CARER, AND
QUAKER HILL BLACKBURN FOR.THE DE~IELOPMENT KNOWN AS
CARER. FARMS ..AND CARER FARIVIS HIGHLANDS.
APN 136`-120-05, 08, 21, 22, 23
2. Amend Section 3.4, page 13, to read:
" 3.4 The City .and Developer agree to amend this Agreement upon approval of
the Project by the City in order to incorporate all conditions of :approval
herein:` Conditions of approval and ,all findings pertaining thereto adopted
by the City through tentative subdivision map, rezoning, or development plan
.approvals: are or will be attached: to this Agreement as Exhibits 6; 7, 8 aid 9,
10. 11. 12 and 13 which are further identified in paragraph 9.5. The parties
agree. that as the'. documents identified in each such exhibit are adopted by
the City Council,. the document shall be attached to the Development
Agreement and' thereby `incorporated as a part of it."
5. Amend Section 9.5, page 23; #o read:
. "9.5 Entire Agreement.
This Agreement is executed in four (4) duplicate originals, each of which is
deemed to be an original. This Agreement consists of forty-four (44) pages,
including the recitals and exhibits, which constitute the entire understanding
and agreement of the parties.
Exhibits "1" Description of Property;
Exhibit "2" Sonoma Mountain Parkway Description;
.Exhibit "3" Participation Schedule.;
Exhibit, "4" Schedule :of Development Fees;
Exhibit "5"' Affordable Housing Site;
Exhibit "6" Resolution approving Tentative Map Caller
Farms ;
Exhibit "7" Ordinance rezoning property to PUD Caller
Farms ;
Exhi~liit "8" Resolution a proving PUD development plan
Caller Farms.
Exhibit „9'^ Tentative Subdivision Map ~Cader Farms); `
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7 ~ 16. In a1T other respects;.;,the .Development Agreement shall be unchanged .and shall
8 .remain 'in=full. force ands effect.
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11; 17. This amendment shall be effective for all purposes
upon its. execution by the City
1_`2; . and Developer:.
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16 CITY OF''PE'TALUMA. QUAKER HIL;i, BI.ACKBURIV,
I7~ A Municipal Corporation ~ a'California General' Partnership
l~g - .
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. A roved as to Form:
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Quaker .Hill Development Corporation -
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