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HomeMy WebLinkAboutOrdinance 1852 N.C.S. 05/20/19914 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 34 35 Section 2. The City Council hereby approves the terms and conditions of said 36 Addendum. 37 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. 40 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. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 may 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: 0 ABSENT: 0 ABSTAIN: A ST: City Clerk caderDAA / pam6 Ord. 1852 N.C.S. 2 .1 2 3 4 5 6 7 8 AGREEMENT TO AMEND DEVELOPMENT AGREEMENT 9 BETWEENCITY OF PETALUNfA AND 10 ARTHUR CADER, SELMA CADER, AND QUAKER HILL BLACKBURN 11 (FOR CADER FARMS AND CADER FARMS HIGHLANDS) 12 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 - 9 16 17 RE'CITALS: 18 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 April 5, 1990, or as thereafter amended.. - 22 23 B. City and Developer wish to further amend the Development Agreement for the 24 Cader Farms Highlands portion of said project site. 25 26 C.1 . On March 12, 1991, the City of Petaluma's Planning Commission held- a public 27 hearing on the amendments contained in this Agreement after notice as required by 28 law. 29 30 D. On May 6, 1991,.the City of Petaluma's City Council held a public hearing on the 31 amendments contained in this Agreement after notice as requited by law. 32 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. 38 39 <° FXHIB,YT Z 1 I NOW, THEREFORE, City and Developer agree to amend the Development Agreement 2 as follows:. Additions = italics Deletions = sl4keottts 1. Amend Title, page 1, to read: "DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALUMA AND ARTHUR CARER,, SELMA CADER, AND QUAKER HILL BLACKBURN FOR THE DEVELOPMENT KNOWN AS CADER FARMS AND CADER FARMS 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 and 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, to 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 Cader Farms); Exhibit '711Ordinance rezoning property to PUD Cader Farms); Exhibit "8" Resolution approving PUD development plan Cader Farms ;, Exhibit „9'^ Tentative Subdivision Map (Cader Farms); ` 2 1. Exhibit" 12" ' Resolution ,approving Tentative Map' (Cader -2 Farms Highlands): .3 Exhibit "13" Tentative- Subdivision Map (Cader Farms .4 Highlands). . 6 7 - 16. In all other respects,.; the Development Agreement 'stall be unchanged and shall 8 remain 'in -full. force ands effect. 9 10 1 L 17. This amendment shall be effective for all purposes upon its execution by the City and Developer, I3 14 15 ,16 CITY OF'PETALOMA. QUAKER HILT, BI.ACKBURIV, I7 A Municipal Corporation a California General' Partnership 18 19 20 By: By;, 21 22 2,3 _24 Approved as to Form: pp Quaker .Hill Development Corporation 25 26 By: By: .27 City Attorney 28 29 30 By: By: 31 32 Finance Director Arthur Cader 33 34 Attest: By; 35 36 a rna Cader .31 38 . City'Clerk 39 ` 40 41 42 43 44 caddaord / parn4.