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HomeMy WebLinkAboutOrdinances - No. 1909ORDINANCE NO. 1909 AN ORDINANCE OF THE LODI CITY COUNC¡L ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE ROSE GATE SUBDIVISION (DEVELOPMENT AGREEMENT - ROSE GATE SUBDIVISION) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: S N 1. The properties subject to this Development Agreement include the following 2875 West LodiAvenue, Lodi, California, 95240 (APN 029-380-05) SECTION 2. The applicant for the Development Agreement is as follows: W. L. lnvestors, L. P SECTION 3. The requested Development Agreement is summarized as follows: DevelopmentAgreement (Rose Gate Subdivision) is an agreement between the City and the developer, in which the developer agrees to waive the vested right to pay Development lmpact Mitigation Fees according to the lmpact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17 ,2018 or construction is not completed by December 17,2018. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. The term of the Development Agreement is twenty (20) years. SECTI ON 4. The City Council hereby finds that the proposed Development Agreement is consistent with the General Plan land use designation and the zoning for the proposed development. SECTI oN5 Annexation on The City Council certified an Environmental lmpact Report ("ElR") for the Lodi March 21,2007 (State Clearinghouse No. 2005092096). The project is consistent with the LodiAnnexation EIR and none of the circumstances in CEQA Guidelines section 15162 requiring further environmental review are present. Further, City Council certified an EIR forthe City of Lodi General Plan on April 7, 2010 (State Clearinghouse No. 20009022075). The project is consistent with the General Plan density and none of the circumstances in CEQA Guidelines section 15183 requiring further environmental review exists. Therefore, no further environmental review is required pursuant to CEQA Guidelines section 15183. SECTION 6. The C ity Council hereby adopts Ordinance No. 1909 approving the Development Agreement by and between the City of Lodi and W. L. lnvestors, L. P.,attached herein as ExhibitA. SECTION 7. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION L severability. lf any provision of this ordinance orthe application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. L J SECTION 9. This ordinance shall take effect thirty (30) days from and after its adoption. The ordi¡ance6gmmary shall be published in the Lodi News Sentinel, a newspaper of general circulation published and circulated in the City of Lodi. A certified copy of this ordinance is available for review in the City Clerk's office located at221West Pine Street, Lodi, California. Approved this 19th day of August,2015 BOB NSON Attest: NIFER Clerk RRAIOLO State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certifythat Ordinance No. 1909was introduced at a regular meeting of the City Council of the City of Lodi held August 5,2015 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 19,2015, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS - None ABSENT: COUI,ICU- MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1909 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. f, mt-t rlò NIFER LO ity Clerk Approved as to Form 2 MAGDICH EXHIBIT A DEVELOPMENT AGREEMENT ROSE GATE SUBDIVISION OFFICIAL BUSINESS Document entitled to free recording Governmenf Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-19910 ATTN:Glerk THIS LIN DEVELOPM ENT AG REETTIIENT BY AND BETWEEN THE CITY OF LODI AND W.L. INVESTORS, L.P. FOR THE ROSE GATE SUBDIVISION 1254129.5 r1233-038 DEVELOPMENT AGREEMENT FOR FRONTIER COMMUNITY BUILDERS ROSE GATE SUBDIVISION _ This Development Agreement ("Agreement") is entered into as of this _ day of August 2015, by and between the CITY OF LODI, a municipal corporation ldny'¡,- anO tfu.1. INVESTORS, L.P.. a California limited partnership ("Landowne/'). City and Landowner are hereinafter collectively referred to as "Parties" and singularly as',party.,' RECITALS , 1. Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code section 65854, et éeq., which authorizes the City and any person havíng a legal or equitabfe interest in real property to enter into a development agreement, establishing certain development rights in the property, which is the subject of the development project application. 2. Propertv* Landowner holds a legal or equitable interest in certain real property located in the Gity of Lodi, County of San Joaquin, more particularly described in Exn¡¡¡i n-i and depicted in Exhibit A-2, attached hereto ("Property"). Landowner represents that all persons holding a legal or equitable interest in the Property shall be bound by this Agreement. . .3. - Prqigct App.rovals. Landowner has obtained various approvals from the City for a residential development known as Rose Gate ("Project") on the Property. These approvals include the following: 3.1 Resolution No. 2007-49, adopted by the City Council on March 21,2001, approving the land use designation as Low-Density Residential for the Project site. 3.2 City Council Ordinance No. 1793, effective March 21,2007, granting Planned Development Zone P-E(42) to allow single-family residential development for thã Project site. 3'3 City Council Resolution No. 2007-48, certifying the Environmentat lmpact Report for the Project, State Clearinghouse No. 2005092096. 3.4 City Council Ordinance No. 1794, approving a development agreement applicable to the Rose Gate property, as well as other adjacent properties. City Council Ordinance No. 1862, effective October 19,2012, rescinded Ordinance No. 17g4, termiñating the development agreement, except for those terms surviving the termination, including the December 4,2007 Settlement Agreement between Frontier Community Builders, lnc., Citizens for Open Government, and the City ("2007 Settlement Agreemenf'). 3.5 Resolution No. 13-17, adopted by the Planning Commission of the City of Lodi on October 9, 2013, approving the Vested Subdivision Map for the Rose Gate Subdivisión. ln addition, the Property is part of Community Facilities District No. 2007-1 (public Services) formed to provide certain services to the Property, L254!295 11233-038 4. Public Hearinq. On June 10, 2015, the Planning Commission of the City of Lodi, acting pursuant to Government Code section 65857, held a hearing to consider this Agreement and the Planning Commission action has been reported to the City Council. 5. Development Aqreement Resolution Gompliance. City and Landowner have taken all actions mandated by, and fulfilled all requirements set forth in, the Development Agreement Resolution of the City of Lodi, as set forth in the City Council Resolution No. 2005- 237 'Íor the consideration and approval of the pre-annexation and development agreement. 6. Findinqs of Gonsistencv. Having duly examined and considered this Agreement and having held a properly noticed public hearing hereon, the Cíty found that this Agreement satisfies Government Code section 65867.5 related to general plan consistency and Section 66473.7 related to water supply. AGREEIT'IENT 1. lncorporation of Recitals. The preamble, the Recitals, and the defined terms set forth in both are incorporated into this Agreement as if set forth herein in full. 2. Description of the Propertv, The property, which is the subject of this Agreement, is described in Exhibit A-1 and depicted in Exhibit A-2, attached hereto (¡'property"). 3. lnterest of the Landowner. Landowner has a legal or equítable interest in the Property. Landowner represents that all persons holding a legal or equitable interest in the Property shall be bound by this Agreement. 4. Relationship of Citv and Landowner. lt is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by Gity and Landowner and that Landowner is not an agent of City. City and Landowner hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or iñ any document executed in connection herewith shall be construed as making City and Landowner joint ventures or partners. 5. Effective Date and Term. 5.1 The effective date of this Agreement ("Effective Date,') 2015, which is the Effective Date of City Ordinance No._ adopting this IS Agreement. 6,2 Upon execution, the term of this Agreement shall commence on the Effective Date and extend for a period of twenty (20) years. This Agreement does not extend the life of the tentative map. Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect. Said termination of this Agreement shall not terminate any right or duty created by City approvals for lhe property adopted prior to, concurrently with, or subsequent to the approval of this Agreement nor the obligations of Landowner with respect to Community Facilities District 2007-1 (Public Services). 6. Permitted Uses. The permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes are those set forth in City Council Resolution 2OO7-49 designating the Project site as Low-Density Residential, City Gouncil Ordinance No. 1Zg3 granting Planned Development Zone P-E(42), and Resolution No. 13-17 approving the Vested 27254729.5 11233{38 Subdivísiorì Map for the Rose Gate Subdivision, all subject to the terms of the 2007 Settlement Agreement. 7. Fees and Taxes. 7.1 Exietinq Fees. Exactions. and Dedications. City Council Resolution No. 13-17, paragraph 79(b), obligates Landowner to pay Development lmpact Mitigation Fees according to the Public Works Fee and Service Charge Schedule. Landowner shall have the vested right to satisfy the obligation of Paragraph 79(b) by paying the Development lmpact Mitigation Fees according to the lmpact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 ("Resolution No. 2A12-14 Fees") for all units for which building permit applications are submitted on or before April 1, 2018 and construction is completed by October 1, 2018. For all units for which building permit applications are submitted on or after April 1, 2018 or construction is not completed by October 1,2018, Landowner waives the right to pay the Resolution No. 2012-14 Fees and agrees to pay the Development lmpact Mitigation Fees according to the lmpact Mitigation Fee Schedule in effect at the time the certificate of occupancy is issued. This waiver is subject to the condition subsequent that the City Gouncil action on the Community Facilities District Fees contemplated in Paragraph 7.2 is completed according to the terms set forth therein. This waiver survives the termination of this Agreement. 7.2 Communitv Facilities District, Rose Gate is part of Community Facilities District 20A7 1 (Public Services). The City will institute proceedings to amend the tax formula to reduce the specialtaxes levied against the parcels on the Property. The base rate for the special tax,will be reduced to $500 per year for single-family homes and $145.83 per year for multi-family homes and the annual index will be reduced to two percent (2%). Landowner agrees to vote in favor of the special tax. The special tax shall be initiated for all residential dwelling units for which a building permit is issued, and shall commence to be levied beginning the subsequent fiscal year after the building permit is issued. A vote by Landowner against the special tax or a vote to repeal the special tax shall constitute an event of default under this Agreement. The provisions of this paragraph will not survive an event of default. 7.3 Reimbursement. Landowner shall reimburse City for all staff time and legal tíme expended in implementing the fee reductions set forth in this section 7. City shall invoice Landowner on a monthly basis and Landowner shall pay invoices within thirty (30) days of receipt. 8. Amendment or Gancellation. This Agreement may be amended in writing from time to time by mutual consent of the Partles hereto and in accordance with the procedures of state law and the Lodi Municipal Code ("LMC'). Except as otherwise permitted herein, this Agreement may be cancelled in whole or in part only by the mutual consent of the Parties and their successors in interest, in accordance with the provisions of the LMC. Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by City. 9. Annual Review. This Agreement shall be reviewed annually in conformance with LMC section 17.44.O8O of the Municipal Gode. Costs of Annual Review shall be paid by Landowner in accordance with City's schedule of fees and billing rates in effect at the time of review. 10. Default. Subject to any applicable extension of time, failure by any Party to substantially perform any term or provision of this Agreement required to be performed by such Party shall constitute a material event of default ("Event of Default"). For purposes of this 3L254L29,5 11æ3-038 4greement, a Party claiming another Party is in default shall be referred to as the "Complaining Party,' and the Party alleged to be in default shall be referred to as the "party in Deiault.', à Complaining Farty shall not exercise any of its remedíes as the result of an Évent of Default unless such Complaining_Party first gives notice to the Party in Default and the party in Default fails to cure such Event of Default within th¡rty (30) days of the Complaining party giving notice. 11. Severabilitv, Except as set forth herein, if any term, covenant or condition of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to any person, entity or circumstance other than those as to which itis held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law;provided, however, if any provision of this Agreement is determined to be invaid or unenforceable and the effect thereof is to deprive a Party hereto of an essential benefit of its bargain hereunder, then such Party so deprived shall have the option to terminate this entire Agreement from and after such determination. 12. Aprlicable Law' This Agreement shall be construed and enforced in accordance with the laws of the State of California. 13. Transfe.rs a.nd Assiqnments. From and after recordation of this Agreement against the Property, Landowner shall have the full right to assign this Agreement ás to the Property, or any portion thereol in connection with any sale, transfer or cónveyance thereof, and upon the express written assignment by Landowner and assumption by the assignee oi such, and the conveyance of Landowner's interest in the Property related thereto, Lanãowner shall be released from any further liability or obligation hereundei related to the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner,'w¡th all rights and obligations related thereto, with respect to such conveyed property. prior to recordation of this Agreement, any proposed assignment of this Agreement by Landowner shall be subject to the prior written consent of the City Manager on behalf of City and the form of such assignmentslalf be subject to the approval of the City Attorney, neither of which shall be unreaùnabty withheld. 14. A'g¡eenent Runs with the Land. All of the provisions, rights, terms, covenants,and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by opeiation of law or in any manner whatsoever. All of the provisions of this Agreement shall bê enforceableas equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section f 468 of tñe Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, orwith respect to any owned property; (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such properties; and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and- shall be a benefil to and a burden upon each Party and its Property hereunder and each other person succeeding to an interest in such properties. _ 15. Bankruptcv. The obligations of this Agreement shall not be dischargeable in Bankruptcy. 4L254t29.s 11233-038 16. Indemnification. Landowner agrees to defend and hold harmless the City, its elected and appointed commissions, officers, agents, employees, and representatíves from any and all claims, costs (including legal fees and costs), and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Landowner, or any actions or inactions of Landowner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property and the Project. 17. Thlrd-Partv Beneficlaries. This Agreement is made and entered into for the sole protection and benefit of Landowner and City and their successors and assigns. No other person shall have any right of action based upon any provision in this Agreement. 18. Notices. All notices required by this Agreement, the enabling legislation or the procedure adopted pursuant to Government Code Section 65865, shall be in writing and delivered in person or sent by certifíed mail, return receipt requested, postage prepaid. Notíce required to be given to City shall be addressed as follows: CITY OF LODI ATTN: City Manager P.O. Box 3006 Lodi, CA 95241-1910 Notice required to be given to Landowner shall be addressed as follows: W. L. INVESTORS, L.P. ATTN: Tom Doucette 10100 Trinity Parkway, Suite 420 Stockton, CA 95219 19. Form of Aqreqment Recordatio[ of Exhibits. Except when this Agreement is automatically terminated due to the expiration of the term of this Agreement, City shall cause this Agreement, any amendment hereto, to be recorded, at Landowner's expense, with the San Joaquin County Recorder within ten (10) days of the Effective Date thereof. Any amendment to this Agreement to be recorded that affects less than all of the Property shall describe the portion thereof that is the subject of such amendment, This Agreement is executed in three duplicate originals, each of which is deemed to be an original. 24. Further Assurances. The Parties agree to execute such additional instruments and to take such actions as may be necessary to effectuate the intent of this Agreement. 5L254L29.s 11233-038 lN WITNESS WHEREOF, the City of Lodi, a municipal corporatíon, has authorized the execution of this Agreement in duplicate by its Mayor and attested to by its City Clerk under the authority of Ordinance No. _, adopted by the City Council of the City of Lodi on the Sth day of August 2015, and Landowner has caused this Agreement to be executed. CITY OF LODI a municipal corporation W. L. INVESTORS, L.P. A California limited partnership By: Stephen Schwabauer City Manager ATTEST: Jennifer M. Ferraiolo, City Clerk Approved as to form: City Attorney By: Tom Doucette President of Frontier Land Companies, its general partner 6 Janice t254129.5 11æ3{88 Exhibit A-i L254L29.5 11233-038 PURPOSESI,iilrülliiti*lI¡l{-I@oNçgrGTüEBFå6a^lnoÈñEÈI.t¡iloFû,ùaa,lCOTDqGE/-I.,raê ,!-roÀ{\JUBILEE+ts$II{gFPo¡lÌgçDorllr¡LeaÀrñFISTDSIONECIoafn!ñzf;FLAME DRIVEEOXWOoDCOURTÞ¡ñLJLOWERAAARAMENTOROÁD@d/El\Þ/8"@ätr@!r@,!II!':@ tI ıEv,UtIJ¡t¡tart{qaaao.EEÉ¿ .- -.., J . :'J ...ÊK¿23 pÊ"5ftoc{tofss¿-b¡q¡¡tf, C.fAi9ß¡môry.*kù.!*¡+-ætffiGSúI*/_89ÉrþÈ{r¡t/tffi&t\aâÉùwùÉåå¡atrgr¡c¡.¡nrd&:#FE¡E¡@T-ïgÞPr: '$i€ !l8cËl¡Di02e-54POR. ROSE GltTE, UHI| NO. 1, TRACr NO. t7E5koa*Ho)èsrILl¡-l-*"ra_UIEs2E{\saQtdrd'-CÈtÁNE:It-utËU'ROSÊGAÎEDRIVEar)oqп{øa,J¡.NEá"ácoo{*ceoo+4Þç¿r¿d€@r@,'S"$*@rotl@.¿ê@aat attu¡at,0q,5A.,^q.ÈttË¡¡r{i}gÊrt¡tm!ãf *'lg¡¡d.¡â ¡ïð¡È jã:tu!¡:¡IlIñ. O?S Fri S{P4þER*tdcr./r,¡rk¡ù.¡ s .4¡sÊi SÞùCa ¿C ¡{ç^oîî*f-rrræ tIEEEIú':02$55\\*E.lr¡!-T-POR. ROSE GArE, UMr NO. ITRACT NO.38t3(!i r:ri'tízsì:j*@*@t!*.,. Cì'Qi' rrr. ,'r"LOúBARok.p-EtlJ:lØU:r SrRFFfEùal¡r5à>!¡rfoo{tu¡Iz-omrDRMEfÎErooI\-.ol{-aÞt'clu7af\\a J¿oefLsg,È029-56FOf¿ ßOSE @¡7E, alMf NO. 2" ÍRACÍ |n- 3813¡TÐËt@t9(@@1å0@19117EØ1n@!?s@t7S@171@@tt€?@18q'"@@!dt>,'49lst,"@1€r!o@_,@r€@@147IÉ@@rslSl€,tê5fs4@1¿{1S@@1€156@'.!9141¡?,@-^"'I*UJeu¡qf¡Iao¿-sQ.ÌrItf.érw;IÇELEBF,I-IIONæì1.&EÞoã/Ue2 ùW^o*?:Pt:C¡Ë\r¡\ÁRT'SIRYeSTREETssfIçD5qsstèooJturIvqsoe5RADIANCESTRËFT¡¡r t¡tÉËÈ--æt¡ñËÈìt*:'ììfr*¡¡Ê¡--i{¡r:-.t3.1_rr--------:--_--.-..-.:*..1LODIAVEN']Eg(oãte$e S¡qRGFI\!IROÁO-{&ËÊw.l¿#cÀryot$hir@rþddlÐÉaII Exhibit A-2 1.254L29.5 11233-038 VlLLi.ffiË lllknR-v3VIKKAffiffi IIrmR-vrYl Lk,a,c ffi ItmR-v IRose Gate232 RLD